NATIONAL HEADQUARTERS 1849 C Street NW, Mail Stop #1621 Washington, DC 20240 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.GOV 

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK; Oklahoma City, OK 

January 7, 2021 

VIA EMAIL 

Charles Miller, Chairman 

Skokomish Tribal Council 

Skokomish Indian Tribe 

N. 80 Tribal Center Road 

Skokomish Nation, WA 98584 

Re: Revised Skokomish Gaming Ordinance 

Dear Chairman Miller: 

This letter responds to your request on behalf of the Skokomish Indian Tribe for the 

National Indian Gaming Commission to review and approve the Tribe’s Revised Skokomish 

Gaming Ordinance. The gaming ordinance was adopted on October 7, 2020, by Skokomish 

Tribal Council Resolution No. 2020-117. 

Thank you for submitting the revised gaming ordinance for my review. The ordinance is 

approved, as it is consistent with the requirements of the Indian Gaming Regulatory Act and the 

NIGC’s regulations. 

If you have any questions, please feel free to contact Armando Acosta, Senior Attorney, 

at 202-632-7003. 

Sincerely, 

E. Sequoyah Simermeyer 

Chairman 

National Indian Gaming Commission 
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Skokomish Indian Tribe 

Tribal Center (360) 426-4232 

N. 80 Tribal Center Road FAX (360) 877-5943 Skokomish Nation, WA 98584 

SKOKOMISH TRIBAL COUNCIL 

RESOLUTION NO. 2020-117 

A RESOLUTION TO ENACT ORDINANCES RELATING TO GAMING. 

WHEREAS, the Skokomish Indian Tribe is a federally recognized Indian tribe organized under 

its Constitution and by-laws first adopted on April 2, 1938, and approved by the Secretary of the 

Interior May 3, 1938, amended January 15, 1980, as approved by the Secretary of the Interior 

March 17, 1980; and 

WHEREAS, the Skokomish Tribal Council is the governing body of the Skokomish Indian 

Tribe, pursuant to Article IV, Section 1 of the Constitution of the Skokomish Indian Tribe; and 

WHEREAS, the Skokomish Tribal Council, pursuant to the Constitution of the Skokomish 

Indian Tribe, has the authority under Article V, Sections l(d), (e), (m), (q), (u) to charter and 

regulate corporations, cooperatives, associations, special districts, educational and charitable 

institutions, political subdivisions, and other entities; to license and to regulate the conduct of 

business activities within the Tribe's jurisdiction; on behalf of the Tribe to consult, negotiate, and 

contract with agencies and officers of Federal, state, local, and tribal governments and with 

private persons and organizations; to provide services for the health, education, and welfare of all 

persons within the tribe's jurisdiction; and to take all actions which are necessary and proper for 

the exercise of the powers listed in Article V and any powers hereafter vested in the Tribal 

Council; and 

WHEREAS, the Skokomish Indian Tribe on October 18, 1995 enacted the Skokomish Gaming 

Code (Resolution No. 95-103), and subsequent amendments thereto, in order to facilitate the 

operations and regulation of gaming on Skokomish Tribal Lands; and 

WHEREAS, the Skokomish Tribal Council has directed staff to review and update all existing 

Skokomish codes and ordinances, including the Skokomish Gaming Code; and 

WHEREAS, public hearings were held on August 13, 2019 and a second round of public 

hearings were held on October 1, 2020 pursuant to Article V, Section 2 of the Constitution of the 

Skokomish Indian Tribe; and 

WHEREAS, the Skokomish Tribal Council has detennined that it is in the best interests of the 

Skokomish Indian T1ibe to enact the Revised Skokomish Gaming Ordinance (Chapter 4.02 STC) 

ll Page 

SK.OK.OMISH INDIAN TRIBE: RESOLUTION NO. 2020-117 
based in pmi on the NIGC's Revised Model Gaming Ordinance (Bulletin No. 2018-1 dated 

January 10, 2018) and provided comments; and 

WHEREAS, the Skokomish Tribal Council has detennined that it is in the best interests of the 

Skokomish Indian Tribe to enact the Tribal Gaming C01mnission and Tribal Gaming Agency 

Ordinance (Chapter 4.02A STC) to define the duties and powers delegated thereto; and 

WHEREAS, the Skokomish Tribal Council has determined that it is in the best interests of the 

Skokomish Indian Tribe to enact the Skokomish Gaming Criminal and Civil Infraction 

Ordinance (Chapter 4.02B STC) to comply with the Tribal - State Compact for Class III Gaming 

between the Skokomish Indian Tribe and the State of Washington. 

NOW, THEREFORE, BE IT RESOLVED that the Skokomish Tribal Council hereby enacts the: 

• Revised Skokomish Gaming Ordinance (Chapter 4.02 STC), subject first to review and 

approval by National Indian Gaming Commission pursuant to 25 U.S.C. § 2712; 

• Tribal Gaming C01mnission and Tribal Gaming Agency Ordinance (Chapter 4.02A 

STC); 

• Skokomish Gaming Criminal and Civil Infraction Ordinance (Chapter 4.02B STC); and 

BE IT FURTHER RESOLVED that the attached Revised Skokomish Gaming Ordinance 

(Chapter 4.02 STC) shall be forwarded to the National Indian Gaming Commission for review 

and shall take effect immediately upon approval by the National Indian Gaming Commission; 

and 

BE IT FINALLY RESOLVED that the attached Tribal Gaming Commission and Tribal Gaming 

Agency Ordinance (Chapter 4.02A STC) and Skokomish Gaming Criminal and Civil Infraction 

Ordinance (Chapter 4.02B STC) shall take effect upon approval of Revised Skokomish Gaming 

Ordinance (Chapter 4.02 STC) by the National Indian Gaming Commission. 

***CERTIFICATION*** 

I, Charles Miller, Chairperson of the Skokomish Tribal Council, do hereby certify that the 

foregoing Resolution No. 2020-117, was adopted at a reguJar meeting held on October 7, 2020 at 

which time a quorum was present with a vote of ~ - FOR, ___Q_ AGAINST, 0--

ABSTAINING. 

Charles Miller, Chairperson 

Skokomish Tribal Council 

Alex Gauley, Secretary 

Skokomish Tribal Council 

SKOKOMISH INDIAN TRIBE: RESOLUTION NO. 2020-117 

21 Page 
Chapter 4.02 STC REVISED SKOKOMISH GAMING ORDINANCE

PAGE 1 OF 16

REVISED SKOKOMISH GAMING ORDINANCE

TABLE OF CONTENTS

GENERAL PROVISIONS

4.02.010 Purpose

4.02.020 Applicability

4.02.030 Definitions

GAMING PROVISIONS

4.02.040 Gaming Authorized

4.02.050 Ownership of Gaming

4.02.060 Use of Net Gaming Revenues

4.02.070 Per Capita Payments

TRIBAL GAMING COMMISSION AND TRIBAL GAMING AGENCY

4.02.080 Tribal Gaming Commission and Tribal Gaming Agency

4.02.090 Audits

4.02.100 Environment and Public Health and Safety

4.02.110 Patron Dispute Resolution

LICENSES

4.02.120 Facility Licenses

4.02.130 Agent for Service of Process

4.02.140 Tribal Access to Financial Information

4.02.150 License Application Forms

4.02.160 License Fees

4.02.170 Background Investigations

4.02.180 Procedures for Conducting Background Investigations

4.02.190 Investigative Reports

4.02.200 Eligibility Determinations 

4.02.210 Notice of Results of Background Investigations

4.02.220 Granting Gaming Licenses

4.02.230 Denying Gaming Licenses

4.02.240 Gaming License Suspensions and Revocations

4.02.250 Records Retention

4.02.260 Licenses for Vendors; Applications; Background Investigations; 

Fees; Reports; Reciprocity

4.02.270 Compliance with Federal Law

ENACTMENT

4.02.280 Repeal

4.02.290 Effective Date

SOVEREIGN IMMUNITY

4.02.300 Sovereign Immunity
Chapter 4.02 STC REVISED SKOKOMISH GAMING ORDINANCE

PAGE 2 OF 16

GENERAL PROVISIONS

4.02.010 Purpose

The Skokomish Tribal Council of the Skokomish Indian Tribe, empowered by the Constitution of 

the Skokomish Indian Tribe to enact ordinances, hereby enacts this Ordinance to promote Tribal 

economic development, self-sufficiency and sovereignty; to shield the operation of gaming from 

organized crime and other corrupting influences; and to ensure that gaming is conducted fairly 

and honestly by both the operator and players.

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

4.02.020 Applicability

Unless specifically indicated otherwise, the provisions of this Ordinance shall apply to class II 

and/or class III gaming on the Tribe’s Indian lands.

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

4.02.030 Definitions

The following terms shall have the same meaning and effect as those same terms as defined in 

the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. §§ 2701 et seq., and the National Indian 

Gaming Commission (“NIGC”) regulations, 25 C.F.R. Part §§ 500 et seq., if they are defined in 

IGRA and the NIGC’s regulations.

(a) Class I gaming.

(1) Social games played solely for prizes of minimal value; or

(2) Traditional forms of Indian gaming when played by individuals in connection with 

tribal ceremonies or celebrations. 

(b) Class II gaming.

(1) Bingo or lotto (whether or not electronic, computer or other technologic aids are 

used) when players:

(A) Play for prizes with cards bearing numbers or other designations;

 

(B) Cover numbers or designations when objects, similarly numbered or 

designated, are drawn or electronically determined; and

(C) Win the game by being the first person to cover a designated pattern on such 

cards;

(2) Pull-tabs, punch boards, tip jars, instant bingo and other games similar to bingo, 

if played in the same location as bingo or lotto;
Chapter 4.02 STC REVISED SKOKOMISH GAMING ORDINANCE

PAGE 3 OF 16

(3) Non-banking card games that:

(A) State law explicitly authorizes, or does not explicitly prohibit, and are played 

legally anywhere in the state; and

(B) Players play in conformity with state laws and regulations concerning hours, 

periods of operation, and limitations on wagers and pot sizes;

(4) Card games played in the states of Michigan, North Dakota, South Dakota or 

Washington, if:

(A) A tribe actually operates the same card games as played on or before May 1, 

1988, as determined by the NIGC Chair; and

 

(B) The pot and wager limits remain the same as on or before May 1, 1988, as 

determined by the NIGC Chair;

(5) Individually owned class II gaming operations: 

(A) That were operating on September 1, 1986;

 

(B) That meet the requirements of 25 U.S.C. § 2710(b)(4)(B);

(C) Where the nature and scope of the game remains as it was on October 17, 

1988; and

(D) Where the ownership interest or interests are the same as on October 17, 

1988.

(c) Class III gaming. All forms of gaming that are not class I or class II gaming, 

including, but not limited to:

(1) Any house banking game, including but not limited to – 

(A) Card games such as baccarat, chemin de fer, blackjack (21), and pai gow (if 

played as house-banking games); and

(B) Casino games such as roulette, craps, and keno;

(2) Any slot machines, as defined in 15 U.S.C. § 1171(a)(1), and electronic or 

electromechanical facsimiles of any game of chance;

(3) Any sports betting and pari-mutuel wagering, including but not limited to, 

wagering on horse racing, dog racing or jai alai; or

(4) Lotteries.

(d) Commission. The Tribal Gaming Commission established to perform regulatory 

oversight and to monitor compliance with tribal, federal and applicable state
Chapter 4.02 STC REVISED SKOKOMISH GAMING ORDINANCE

PAGE 4 OF 16

regulations.

(e) Commissioner. A Tribal Gaming Commissioner.

(f) Facility License. A separate license issued by the Tribe to each place, facility or 

location on Indian lands where the Tribe elects to allow class II or III gaming.

(g) Gaming Employee. A person designated as a gaming employee by the Tribal-State 

Compact.

(h) Gaming Operation. Each economic entity that is licensed by the Tribe, operates the 

games, receives the revenue, issues the prizes, and pays the expenses. A gaming 

operation may be operated by the Tribe directly; by a management contractor; or, 

under other conditions, by another person or entity. 

(i) Indian lands.

(1) Land within the limits of an Indian reservation; or

 

(2) Land over which an Indian tribe exercises governmental power and that is either;

(A) Held in trust by the United States for the benefit of any Indian tribe

or individual; or

(B) Held by an Indian tribe or individual subject to restriction by the

United States against alienation.

(j) Key Employee.

 

(1) A person who performs one or more of the following functions:

 

(A) Bingo caller;

 

(B) Counting room supervisor;

(C) Chief of Security;

(D) Custodian of gaming supplies or cash;

(E) Floor manager;

(F) Pit boss;

(G) Dealer;

(H) Croupier;

(I) Approver of credit; or
Chapter 4.02 STC REVISED SKOKOMISH GAMING ORDINANCE

PAGE 5 OF 16

(J) Custodian of gambling devices, including persons with access to cash 

and accounting records within such devices;

(2) If not otherwise included, any other person whose total cash 

compensation is in excess of $50,000 per year;

 

(3) If not otherwise included, the four most highly compensated persons in 

the gaming operation; or

(4) Any other person designated by the Tribe as a key employee.

(k) Primary Management Official.

(1) The person(s) having management responsibility for a management 

contract.

 

(2) Any person who has authority:

(A) To hire and fire employees; or

 

(B) To set up working policy for the gaming operation; or

(C) The chief financial officer or other person who has financial 

management responsibility.

(3) Any other person designated by the Tribe as a primary management 

official.

(l) Tribal Gaming Agency. Under the supervision of the Tribal Gaming Commission, 

the Tribal Gaming Agency is charged with the day-to-day implementation of this 

Ordinance and any other applicable laws, regulations, and guidelines. 

(m)Tribal-State Compact. An agreement between a tribe and State of 

Washington about class III gaming under 25 U.S.C. § 2710(d).

(n) Tribe. The Skokomish Indian Tribe. 

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

GAMING PROVISIONS

4.02.040 Gaming Authorized

(a) Class II and/or class III gaming are authorized to be conducted on the Tribe’s Indian 

lands, if such gaming is conducted in accordance with this Ordinance, the Indian 

Gaming Regulatory Act, the NIGC’s regulations, and any other applicable laws or 

regulations.

(b) Class I gaming is authorized to be conducted on the Tribe’s Indian lands. Class I 
Chapter 4.02 STC REVISED SKOKOMISH GAMING ORDINANCE

PAGE 6 OF 16

gaming shall not require a license and is not regulated by this Ordinance.

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

4.02.050 Ownership of Gaming

(a) The Tribe shall have the sole proprietary interest in and responsibility for the conduct 

of any gaming operation authorized by this Ordinance, except as expressly provided 

in this Ordinance.

 

(b) The Skokomish Indian Tribal Enterprise, Incorporated (“SITE, Inc.”) is a federally 

chartered corporation wholly owned by the Tribe. SITE, Inc. is an authorized gaming 

operation of the Tribe. 

(c) Nothing herein shall preclude the Tribe from establishing additional gaming 

operations.

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

4.02.060 Use of Net Gaming Revenues

Net revenues from Tribal gaming shall be used only for the following purposes:

(a) To fund Tribal government operations or programs;

(b) To provide for the general welfare of the Tribe and its members;

(c) To promote Tribal economic development;

(d) To donate to charitable organizations; or

(e) To help fund operations of local government agencies.

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

4.02.070 Per Capita Payments. 

This Ordinance does not provide for per capita payments. 

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

TRIBAL GAMING COMMISSION AND TRIBAL GAMING AGENCY

4.02.080 Tribal Gaming Commission and Tribal Gaming Agency

(a) Commission. The Tribe hereby establishes a Tribal Gaming Commission. 

(b) Tribal Gaming Agency and its Director and Staff. The Tribe hereby establishes a 

Tribal Gaming Agency and authorizes the hiring of a Director and Staff. 
Chapter 4.02 STC REVISED SKOKOMISH GAMING ORDINANCE

PAGE 7 OF 16

(c) Powers and Duties. The Commission and Tribal Gaming Agency and its Director 

and Staff shall faithfully exercise any delegated powers and fulfill any assigned 

duties as provided for in this Ordinance and any other ordinances enacted by the 

Tribe.

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

4.02.090 Audits

(a) The Tribe or Tribal Gaming Commission shall cause to be conducted 

independent audits of gaming operations annually and shall submit the 

results of those audits to the NIGC.

(b) Annual audits shall conform to generally accepted auditing standards.

(c) All gaming-related contracts that result in the purchase of supplies, services 

or concessions for more than $25,000 in any year (except contracts for 

professional legal and accounting services) shall be specifically included 

within the scope of the audit conducted under STC 4.02.090(a) of this

Ordinance.

(d) Copies of the annual audit of each licensed gaming operation, and each audit 

for supplies, services or concessions of each gaming operation, shall be 

furnished to the NIGC within 120 days after the end of each fiscal year of the 

gaming operation.

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

4.02.100 Environment and Public Health and Safety

(a) Each gaming facility shall be constructed, maintained, and operated in a manner that 

adequately protects the environment and the health and safety of the public. 

(b) The Tribal Gaming Commission may promulgate and issue such regulations as it 

deems necessary for each gaming facility to ensure adequate protection of the 

environment and the health and safety of the public. 

 Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

4.02.110 Patron Dispute Resolution

Patrons (i.e., the gaming public) with complaints against the gaming establishment with respect 

to gaming-related disputes shall have as their sole remedy the right to file a petition for relief 

with the Tribal Gaming Commission. 

(a) Petitions shall be in writing and set forth the specific facts of the complaint and relief 

requested. 

(b) Any petition must be submitted to the Commission within thirty (30) days of the 

incident giving rise to the complaint or the relief is time-barred. 
Chapter 4.02 STC REVISED SKOKOMISH GAMING ORDINANCE

PAGE 8 OF 16

(c) The Commission shall hold a hearing within thirty (30) days of receipt of the petition, 

unless the Commission finds good cause exists to extend the hearing date beyond 

the thirty (30) days. 

(d) The patron may have counsel present at the hearing, at the patron’s expense. 

(e) The gaming establishment may have counsel present at the hearing, at the gaming 

establishment’s expense.

(f) The patron and gaming establishment may present written evidence to the 

Commission, but witnesses may be called only at the Commission’s discretion. 

(g) The Commission may promulgate and issue regulations setting additional rules 

governing the conduct of any hearing and the form of any decision. 

 

(h) Recovery for disputes relating to a patron’s entitlement to a game prize shall be 

limited to the amount of such prize.

(i) For all other gaming-related patron disputes: the maximum recovery amount per 

occurrence per complaint is two hundred fifty dollars ($250.00); and the cumulative 

recovery limit per patron in any twelve-month period is set at one thousand dollars 

($1,000.00). 

(j) After the hearing, the Commission shall render a decision in a timely fashion. All 

such decisions will be final when issued and are not subject to appeal. 

(k) The Commission’s decision shall constitute the patron’s final and exclusive remedy.

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

LICENSES

4.02.120 Facility Licenses

(a) The Tribal Gaming Commission shall issue a separate license to each place, facility 

or location on Indian lands where class II and/or class III gaming is conducted under

this Ordinance.

 

(b) The Tribal Gaming Commission may promulgate and issue regulations governing 

facilities licensing.

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

4.02.130 Agent for Service of Process

The Tribe designates the Director of the Skokomish Legal Department as the agent for service 

of any official determination, order or notice of violation.

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project) 
Chapter 4.02 STC REVISED SKOKOMISH GAMING ORDINANCE

PAGE 9 OF 16

4.02.140 Tribal Access to Financial Information

A copy of the Tribal gaming operation’s annual audit will be made available for review, upon 

request, to the Skokomish Tribal Council.

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

4.02.150 License Application Forms

(a) The following notice shall be placed on the license application form fora key 

employee or a primary management official or gaming employee before it is 

filled out by an applicant:

In compliance with the Privacy Act of 1974, the following information is provided: 

Solicitation of the information on this form is authorized by 25 U.S.C. §§ 2701 et seq. 

The purpose of the requested information is to determine the eligibility of individuals 

to be granted a gaming license. The information will be used by the Tribal gaming 

regulatory authorities and by the National Indian Gaming Commission members and 

staff who have need for the information in the performance of their official duties. The 

information may be disclosed by the Tribe or the NIGC to appropriate Federal, Tribal, 

State, local or foreign law enforcement and regulatory agencies when relevant to 

civil, criminal or regulatory investigations or prosecutions or when pursuant to a 

requirement by a tribe or the NIGC in connection with the issuance, denial, or 

revocation of a gaming license, or investigations of activities while associated with a 

tribe or a gaming operation. Failure to consent to the disclosures indicated in this 

notice will result in a tribe being unable to license you for a primary management 

official or key employee or gaming employee position. 

The disclosure of your Social Security Number (SSN) is voluntary. However, failure 

to supply a SSN may result in errors in processing your application.

(b) The following additional notice shall be placed on the application form for a key 

employee or a primary management official or gaming employee before it is filled out 

by an applicant:

A false statement on any part of your license application may be grounds for denying 

a license or the suspension or revocation of a license. Also, you may be punished by 

fine or imprisonment (U.S. Code, title 18, section 1001).

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project) 

4.02.160 License Fees

(a) The Tribal Gaming Commission may charge a license fee to cover its expenses in 

investigating and licensing key employees, primary management officials, and 

gaming employees of the gaming operation. 

(b) The Commission may promulgate and issue regulations setting the license fee.

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)
Chapter 4.02 STC REVISED SKOKOMISH GAMING ORDINANCE

PAGE 10 OF 16

4.02.170 Background Investigations

(a) The Tribal Gaming Commission shall perform and is responsible for conducting a 

background investigation for each primary management official, key employee, and 

gaming employee in its gaming operation.

(1) The investigation must be sufficient to allow the Tribal Gaming Commission to

make an eligibility determination under STC 4.02.200 of this Ordinance.

 

(2) The background investigation shall include a check of criminal history records 

information maintained by the Federal Bureau of Investigations.

(b) The Tribal Gaming Commission shall request from each primary management 

official, key employee, and gaming employee all of the following information:

(1) Full name, other names used (oral or written), social security number,

birth date, place of birth, citizenship, gender and all languages spoken 

and/or written;

 

(2) Currently, and for the previous five (5) years; business and employment 

positions held, ownership interests in those businesses, business and

residential addresses, and driver’s license numbers;

 

(3) The names and current addresses of at least three (3) personal 

references, including one (1) personal reference who was acquainted 

with theapplicant during each period of residence listed under paragraph 

(b)(2) of this Section;

 

(4) Current business and residential telephone numbers, all cell phone 

numbers, and email addresses; 

 

(5) A description of any existing and previous business relationships with

other tribes, including any ownership interests in those businesses;

 

(6) A description of any existing and previous business relationships with the 

gaming industry generally, including ownership interests in those 

businesses;

 

(7) The name and address of any licensing or regulatory agency with which

the person has filed an application for a license or permit related to 

gaming, whether or not such license or permit was granted;

 

(8) For each felony for which there is an ongoing prosecution or a conviction, 

the charge, the name and address of the court involved, and the date of 

disposition, if any;

(9) For each misdemeanor conviction or ongoing misdemeanor prosecution 

(excluding minor traffic violations) within 10 years of the date of the 

application, the name and address of the court involved and the date of 
Chapter 4.02 STC REVISED SKOKOMISH GAMING ORDINANCE

PAGE 11 OF 16

disposition, if any;

 

(10) For each criminal charge (excluding minor traffic charges), whether or not 

there is a conviction, if such criminal charge is within 10 years of the date of 

the application, and is not otherwise listed pursuant to paragraphs (b)(8) or 

(b)(9) of this Section, the criminal charge, the name and address of the court 

involved, and the date of disposition, if any;

 

(11) The name and address of any licensing or regulatory agency with whichthe 

person has filed an application for an occupational license or permit, whether 

or not such license or permit was granted;

 

(12) A photograph;

 

(13) Any other information the Tribal Gaming Commission deems relevant; and

 

(14) Fingerprints obtained in accordance with procedures adopted by the Tribal 

Gaming Commission on behalf of the Tribe. 

(c) By regulation, the Tribal Gaming Commission on behalf of the Tribe shall designate 

the law enforcement agency authorized to take fingerprints.

(d) When a primary management official or key employee or gaming employee is 

employed by the Tribe orTribe’s gaming operation, a complete application file, 

containing all of the information listed in STC 4.02.0170, STC 4.02.180, and STC 

4.02.190, shall be maintained.

(e) The Tribal Gaming Commission, Tribal Gaming Agency, and its investigators, shall 

keep confidential the identity of each person interviewed in the course of conducting 

a background investigation.

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project) 

4.02.180 Procedures for Conducting Background Investigations

The Tribal Gaming Commission shall promulgate and issue regulations establishing the

procedures for conducting background investigations.

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

4.02.190 Investigative Reports

(a) The Tribal Gaming Commission shall create and maintain an investigative report for 

each background investigation of a primary management official or key employee or 

gaming employee. 

(b) Investigative reports shall include all of the following information:

(1) Steps taken in conducting the investigation;

 
Chapter 4.02 STC REVISED SKOKOMISH GAMING ORDINANCE

PAGE 12 OF 16

(2) Results obtained;

(3) Conclusions reached; and

(4) The basis for those conclusions.

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

4.02.200 Eligibility Determinations

(a) Before a license is issued to a primary management official or key employee or 

gaming employee, the Tribal Gaming Commission shall make a finding concerning 

the eligibility of that person for receiving a gaming license by reviewing the 

applicant’s prior activities, criminal record, if any, and reputation, habits and

associations.

(b) If the Tribal Gaming Commission, in applying the standards adopted in this 

Ordinance, determines that licensing the person poses a threat to the public interest 

or to the effective regulation of gaming, or creates or enhances the dangers of 

unsuitable, unfair or illegal practices, methods and/or activities in the conduct of 

gaming, the Tribal Gaming Commission shall not license that person in a key

employee, primary management official, or gaming employee position.

(c) Copies of the eligibility determination shall be included with the notice of results that 

must be submitted to the NIGC before the licensing of a primary management official 

or key employee or gaming employee. 

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

4.02.210 Notice of Results of Background Investigations

(a) Before issuing a license to a primary management official or key employee or 

gaming employee, the Tribal Gaming Commission shall prepare a notice of results of 

the applicant’s background investigation to submit to the NIGC.

(b) The notice of results must be submitted to the NIGC no later than 60 days after the 

applicant begins working for the Tribe or its gaming operation. 

(c) The notice of results shall include the following information:

(1) The applicant’s name, date of birth and social security number;

(2) The date on which the applicant began, or will begin, working as a primary 

management official or key employee or gaming employee; 

(3) A summary of the information presented in the investigative report, including:

(A) licenses that have previously been denied;

 

(B) gaming licenses that have been revoked, even if subsequently reinstated;
Chapter 4.02 STC REVISED SKOKOMISH GAMING ORDINANCE

PAGE 13 OF 16

 

(C) every known criminal charge brought against the applicant within the last 10 

years of the date of the application; and

(D) every felony offense of which the applicant has been convicted or any 

ongoing prosecution; and

(4) A copy of the eligibility determination made in accordance with STC 4.02.200. 

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project) 

4.02.220 Granting Gaming Licenses

(a) All primary management officials, key employees, and gaming employees of the 

gaming operation must have a gaming license issued by the Tribal Gaming 

Commission. 

 

(b) The Tribal Gaming Commission is responsible for granting and issuing gaming 

licenses to primary management officials, key employees, and gaming employees. 

(c) The Tribal Gaming Commission may license a primary management officialor key 

employee or gaming employee applicant after submitting a notice of results of the 

applicant’s background investigation to the NIGC, as required by STC 4.02.210. 

(d) The Tribal Gaming Commission shall notify the NIGC of the issuance of a license to 

a primary management official or key employee or gaming employee within 30 days 

of issuance.

(e) The Tribe and the Tribe’s gaming operation shall not employ an individual in a 

primary management official, key employee, or gaming employee position who does 

not have a license after 90 days of beginning work at the gaming operation.

(f) The Tribal Gaming Commission must reconsider a license application for a primary 

management official or key employee or gaming employee if it receives a statement 

of itemized objections to issuing such a license from the NIGC, and those objections 

are received within 30 days of the NIGC receiving a notice of results of the 

applicant’s background investigation.

(g) The Tribal Gaming Commission shall take the NIGC’s objections into account when 

reconsidering a license application.

(h) The Tribal Gaming Commission will make the final decision whether to issue a 

license to an applicant for a primary management official, key employee, or gaming 

employee position.

(i) If the Tribal Gaming Commission has issued a license to a primary management 

official or key employee or gaming employee before receiving the NIGC’s statement 

of objections, notice and a hearing shall be provided to the licensee, as required by 

STC 4.02.240. 
Chapter 4.02 STC REVISED SKOKOMISH GAMING ORDINANCE

PAGE 14 OF 16

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

4.02.230 Denying Gaming Licenses

(a) The Tribal Gaming Commission shall not license a primary managementofficial or 

key employee or gaming employee if an authorized Tribal official determines, in 

applying the standards in STC 4.02.200 for making a license eligibility determination, 

that licensing the person:

 

(1) Poses a threat to the public interest;

(2) Poses a threat to the effective regulation of gaming; or

(3) Creates or enhances the dangers of unsuitable, unfair or illegal practices, 

methods and/or activities in the conduct of gaming.

(b) When the Tribal Gaming Commission does not issue a license to an applicant for a 

primary management official, key employee, or gaming employee position, or 

revokes a previously issued licenses after reconsideration, it shall:

(1) Notify the NIGC; and

(2) Forward copies of its eligibility determination and notice of results of the 

applicant’s background investigation to the NIGC for inclusion in the Indian 

Gaming Individuals Record System. 

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

4.02.240 Gaming License Suspensions and Revocations

(a) If, after a license is issued to a primary management official or a key employee or a 

gaming employee, the Tribe’s gaming operation or Tribal Gaming Commission

receives notice from the NIGC that the primary management official or key employee 

or gaming employee is not eligible for employment, the Tribal Gaming Commission 

shall do the following:

(1) Immediately suspend the license;

(2) Provide the licensee with written notice of the suspension and proposed 

revocation; and

(3) Provide the licensee with notice of a time and place for a hearing onthe 

proposed revocation of the license.

(b) Following a revocation hearing, the Tribal Gaming Commission shall decide whether 

to revoke or reinstate the license at issue. 

(c) The Tribal Gaming Commission shall notify the NIGC of its decision to revoke or 

reinstate a license within 45 days of receiving notification from the NIGC that a 

primary management official or key employee or gaming employee is not eligible for
Chapter 4.02 STC REVISED SKOKOMISH GAMING ORDINANCE

PAGE 15 OF 16

employment.

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

4.02.250 Records Retention

(a) The Tribal Gaming Commission shall retain, for no less than three years from the 

date a primary management official or key employee or gaming employee is 

terminated from employment with the Tribe or its gaming operation, the following

documentation:

(1) Application for licensing;

(2) Investigative Reports; and

(3) Eligibility Determinations.

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

4.02.260 Licenses for Vendors; Applications; Background Investigations; Fees; 

Reports; Reciprocity

The Tribal Gaming Commission may promulgate and issue regulations governing the licensing 

of vendors that transact business with the gaming operation. Professional legal and accounting 

services, however, are not subject to licensing or fees under this Ordinance. 

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

4.02.270 Compliance with Federal Law

The Tribe and the Tribe’s gaming operation shall comply with all applicable federal laws, 

including the Bank Secrecy Act, 31 U.S.C. § 5311 et seq. 

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

ENACTMENT

4.02.280 Repeal

To the extent that they are inconsistent with this Ordinance, all prior Tribal gaming ordinances 

are hereby repealed.

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

4.02.290 Effective Date

This Ordinance shall take effect immediately upon its approval by the National Indian Gaming 

Commission’s Chair.

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)
Chapter 4.02 STC REVISED SKOKOMISH GAMING ORDINANCE

PAGE 16 OF 16

SOVEREIGN IMMUNITY

4.02.300 Sovereign Immunity

(a) Nothing in this Ordinance shall waive the sovereign immunity of: the Tribe, the Tribal 

Gaming Commission, the Tribal Gaming Agency, or any employees, officials, 

divisions or departments of the Skokomish Indian Tribe; or any gaming operation or 

any employees, officials, divisions or departments of any gaming operation. 

 

(b) A resolution granting a limited waiver of sovereign immunity shall expressly identify 

the: choice of law; court with jurisdiction and selection of venue; duration of the 

waiver; types of relief authorized; maximum money judgment allowed; and the assets 

specifically pledged. 

(c) In the absence of a resolution granting a limited waiver of sovereign immunity 

consistent with STC 4.02.300 (b), any waiver of sovereign immunity clause contained 

in a contract or agreement, to which the Tribe or any gaming operation is a party, 

shall be null and void and without force and effect. 

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts Project)

LEGISLATIVE HISTORY

Enacted by Resolution No. 2020-117 (Effective January 7, 2021) (Recodification – Tribal Courts 

Project)