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(7) Establish systems:

(A) To adequately check the background of primary management
Officials and key employees of the gaming enterprise;

(B) To monitor primary management officials, key employees, and
high security employees on a continuing basis;.and _

(C) To provide for the verification of background check results
provided by the NIGC before any licenses are issued for Class II or Class
ill gaming.

(8) Ensure that Class. Il. gaming facilities are operated in compliance with
this chapter and IGRA.

(9) Ensure that Class II] gaming facilities are operated in compliance with
this chapter, the tribal-state gaming compact, and IGRA.

(10) Ensure the physical safety of patrons in gaming facilities.

(11) Ensure the physical safety of personnel employed by the gaming
operation.

-(12) Ensure the physical safeguarding of assets transported to and from
the gaming facility and the cashier's cage department.

(13) Protect the patrons’ and the gaming operation's property from illegal
activity. :

(14) Temporarily detain, to the extent of its authority under this chapter
and until notification of the appropriate law enforcement authorities, persons whio
may be involved in illegal acts.

(15) Carry on a continuous study and investigation of Class Il and Class III
gaming on Suquamish Indian lands. for the following purposes:

(A) To ascertain any defects in or abuses of the standards and
regulations in this chapter and of any and all applicable rules and
regulations;

(B) To formulate recommendations for changes in the standards
and regulations in this chapter and in any and all applicable rules and
regulations; and

11.5 Gaming Dec. 15,:2008



(4) The decision of the gaming commission shall be final and conclusive
and not subject to appeal to the tribal court, except that an appeal to tribal court
may be maintained exclusively on the grounds that the licensee’s rights to due
process of law were denied by the gaming commission.

(g) Notwithstanding anything to the contrary herein, the licensee may request in
writing the reasonable extension of any timeframe set forth above. (Res. 95-031 (part),
passed Apr. 3, 1995; amended by Res. 2008-201 (part), passed Dec, 15, 2008)

11.5.57. Appeal of Revocation Decision. (a) A licensee may appeal the revocation of
his or her license to the tribal court only on the ground set out in §11.5.56(f)(4) by
sending a written notice of appeal of the revocation to the tribal court and the tribal
gaming commission no later than ten (10) days after the licensee receives notice that
the license has been revoked. The notice of appeal shall state all reasons the licensee
believes the licensee was denied due process of law by the tribal gaming commission.

-{b) Upon receipt of the notice of appeal of the license revocation, the tribal court
shall schedule a hearing to be conducted within twenty (20) days of receipt of the
_ licensee’s notice of appeal. Written notice of the time, date, and place of the hearing
shall be delivered to the licensee no later than five (5) days before the scheduled date
of the hearing.

(c) The licensee and the tribal gaming commission may be represented by legal
-counsel-at the appeal hearing. The hearing shall be limited to the question whether the
licensee was denied due process of law by the tribal gaming commission. The licensee
and the tribal gaming commission may present witnesses and evidence In support of
their respective positions, cross-examine witnesses, and examine evidence submitted
by the opposing party.

(d) The tribal court shall issue its decision on the appeal no later than ten (10)
working days following the appeal hearing. The decision may uphold the decision
below or remand the decision to the gaming commission with instructions to meet due
process requirements.as set out in this chapter. The decision of the tribal court shall be
final and conclusive, and no appeal to a higher court shall be allowed.

(e) The tribal gaming commission shall comply with the order of the tribal court
and shall forward a copy of any revised decision of the gaming commission concerning
‘the license revocation to the NIGC and the state gambling commission. (Res. 95-031
(part), passed Apr. 3, 1995; amended by Res. 2008-201 (part), passed Dec, 15, 2008)

11.5.58. Application for Relicensing. No person, entity, or contractor whose gaming
license has been revoked shall be eligible to apply for a new license until twelve (12)
months after the effective date of his or her license revocation. (Res. 95-031 (part),
passed Apr. 3, 1995)

STC 11.5 Gaming Dec. 15, 2008


(5) Is currently on probation imposed by, has demonstrated a willful
disregard for, or has failed to comply with the requirements of any gaming
regulatory authority in any jurisdiction, including offenses which could subject the
individual or entity to suspension, revocation, or forfeiture of a gaming license.
(Res. 95-031 (part), passed Apr. 3, 1995)

11.5.51. Waiver of Disqualifying Criteria. (a) If a prospective key employee, primary
management official, high security employee, or low security employee is disqualified
for licensing under the provisions of §11.5.49 and the tribal gaming commission
believes there are mitigating circumstances justifying a waiver of the disqualifying factor,
the commission may give written notice to the state requesting a meéting to confer on
the waiver of an applicant’s disqualification in accordance with the terms of the tribal-
state compact.

(b) In order to waive a disqualification of licensing of any prospective key
employee, primary management official, high security employee, or low security
employee,-both the tribal gaming commission and the state must agree on the waiver.

- (c) Waiver of disqualification of licensing may be based on one or more of the
following circumstances:

(1) Applicant's age at the time of any conviction;

(2) Passage of time since conviction for the crime committed;

(3) Severity of the offense committed;

(4) Applicant’s overall criminal record;

(5) Applicant's current reputation and standing in the community; or

(6) The nature of the position for which the application is made. (Res. 95-
031 (part), passed Apr. 3, 1995; amended by Res. 2008-201 (part), passed Dec.
415, 2008)

11.5.52. Gaming Applications by Tribal Members, Indians. (a) The tribal gaming
commission may, by mutual agreement with the state gaming agency, waive certain
criteria for any enrolled tribal member and issue a provisional or conditional gaming
license if the tribal member applicant does not pose a material risk of engaging in
unlawful activity or activity detrimental tothe operation of the gaming facility. The
provisional or conditional gaming license issued may be a temporary license based
upon specific conditions and a further detailed review of the tribal member applicant.
The tribal gaming commission may require the tribal member applicant to pay additional
fees to maintain a temporary, conditional, or provisional gaming license.

STC 11.5 Gaming Dec, 15, 2008


(d) The tribal gaming commission reserves the right to.examine Class II gaming
contractor tax records and the detailed records from which the tax reports are compiled.

(e) The tribal gaming commission, the state, or their authorized agents reserve
the right to examine Class Ill gaming contractor tax records and the detailed records
from which the tax reports are compiled. (Res. 95-031 (part), passed Apr. 3, 1995)

41.5,.72. Duration of Contractor License and Renewal, (a) Any gaming contractor
license shall be effective for not more than three (3) years from the date ‘of issue.
Applicants for renewal shall provide a renewal fee and updated information to the tribal
gaming commission but will not be required to resubmit historical data already provided.

{b)-Class II_gaming contractors shall-comply with-all |GRA-requirements-for
license renewals. :

(c) Class Il. gaming contractors shall comply with all tribal-state gaming compact
requirements for license renewals, (Res, 95-031 (part), passed Apr. 3, 1995)

...41.5.73.-Revocation.of Contractor License. The tribal gaming commission may revoke
the license of any contractor pursuant to regulations promulgated by the tribal gaming
commission. The tribal gaming commission:shall revoke the license of any contractor
upon determination that an event has occurred that would have prohibited the tribal
gaming commission from licensing the contractor under the criteria established in this
chapter. (Res. 95-031 (part), passed Apr. 3, 1995)

11.5.74. Fee for Approval of Employment License and Contracts. (a) The tribal gaming

commission shall-set fees for the conduct of its background investigations and for its
review of employee and contractor license applications.

(b) The tribal gaming commission shall additionally collect fees fram license
applicants equivalent to the amount charged by the state for approval of employee and
contractor licenses, in accordance with the terms of the tribal-state compact.

(c) Should the state incur costs exceeding the fees set forth in the state’s fee
schedule, pursuant to §V.I of the tribal-state compact, and assess those additional
costs to the tribal gaming commission during or after the investigation, the tribal gaming
commission shall collect such costs fromthe license applicant.

(d) The applicant shall be required to pay all license fees in full prior to the
issuance of the:contract or license. License fees are nonrefundable. (Res. 95-031
(part), passed Apr, 3,995)

11,5.75. Management Contract. (a) At all times, the primary management official shall
provide the tribal gaming commission and the state gaming agency with a current copy
of any management agreement withthe tribal gaming operator which allows it to
conduct Class III gaming on Suquamish Indian lands.

STC 11.5 Gaming Dec, 15, 2008



(vv) “Tribal gaming inspector” means an enforcement officer hired by the tribal
gaming commission and authorized by this chapter to enforce its provisions and the
provisions of the tribal-state gaming compact, including the right to detain and/or arrest
individuals. Gaming inspectors are the only persons authorized to carty and/or display
badges as tribal gaming enforcement agents on Suquamish Indian lands. Gaming
inspectors, under the direction of the director of the Suquamish Gaming Commission,
shail regulate and monitor the day-to-day operations of any tribal gaming facility.

(ww) “Tribal gaming operator” means any person or entity operating a tribal
gaming operation on behalf of or under contract with the Suquamish Indian Tribe.

(xx) “Tribal member’ means an enrolled member of the Suquamish Tribe.

(yy) ‘Tribal-state gaming compact” means the compact between the Suquamish.
indian Tribe and the State of Washington regulating Class II! gaming activities on
Suquamish Indian lands.

~~~ (zz) “Tribe”. or “Suquamish Tribe" means the Suquamish Indian Tribe, recognized
by the United States Government in 1965-and having the special rights of self-
government. This definition includes all tribal agencies and officials. (Res. 95-031
(part), passed Apr. 3, 1995; amended by Res. 96-006 (part), passed Jan. 16, 1996;
amended by Res, 2008-201 (part), passed Dec. 15, 2008)

41.5.7.- Class | Gaming Authorized. ‘Class | gaming {s hereby authorized on Suquamish
Indian lands and may be conducted by any person. Class | gaming shall not be
regulated by this chapter. (Res. 95-031 (part), passed Apr. 3, 1995)

11.5.8. Class It Gaming Authorized. (a) Class It gaming is hereby authorized on
Suquamish Indian lands. Class II gaming shall be regulated by the tribal gaming
commission and shall only be operated at gaming facilitiés on Indian lands in a manner
consistent with the provisions of this chapter and |GRA.

(b) A tribal gaming operator or any manager under contract to manage a tribal
Class II gaming facility may conduct bingo, nonbanking card games, and other Class.Il
gaining activities. (Res. 95-034 (part), passed Apr. 3, 1995)

11.5.9. Class [I] Gaming Authorized. (a) Class !II gaming {s-hereby authorized on
Suquamish Indian lands. Class III shall be regulated by the tribal gaming commission
and shall only be operated in a manner consistent with this chapter, the tribal-state
gaming compact, and IGRA.

(b) The tribal gaming operator or any manager under contract to manage the
tribal Class II] gaming facility may conduet any Class Ill game permitted in the tribal—
state gaming compact.

STC 11.5 Gaming Dec, 15, 2008

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(c) The penalty assessed pursuant to §11.5.80(a) shall not.exceed the greater of
five thousand dollars ($5,000) per violation or twice the amount of any grand prize
awarded in a gaming activity which is directly associated with the violation. (Res. 2008-
201 (part), passed Dec. 15, 2008)

11.5.84. Fines. (a) Fines may be'established as liens upon specifically described
property involved in a violation of this chapter by order of the Suquamish Tribal Court.
In the case of real property, such order shall be filed for record notice with the Kitsap
County or other-county clerk and recorder where the teal property is located. Liens on
personal property shall be filed with the Secretary of State for the State of Washington.
Upon twenty (20) days’ written notice served by U.S. registered or certified mail or fifty
(50) days' notice by publication with opportunity to request a hearing on the matter no
Jater.than-ten (10)-days.after expiration of the notice period, the tribal court may-order
the property sold at public auction or forfeited to the Suquamish Tribe.

(b} Any person licensed by the commission who fails to pay a fine lawfully

=Imposed though this chapter is subject to immediate suspension of his/her gaming

license by the commission pending a heating as set out in §11.5.56. (Res. 95-031

~{part),-passed Apr. 3, 1995; amended by Res. 2008-201 (part), passed Dec. 15, 2008)

41.5.85, Removal of Persons from a Gaming Fagllity. Tribal gaming inspectors shall
have the power and authority to remove, exclude, or cause the removal or exclusion of

any person from any gaming facility or surrounding parking area for a period. of sevenily-
two (72) hours.or with the written approval of the executive director or his designee until
the next regular scheduled tribal gaming commission meeting, if in the sole
determination of the gaming inspector and, as necessary, the executive ditector or his
designee, the person is creating a threat to the public health or safety of the facility.
(Res. 95-031 (part), passed Apr. 3, 1995; amended by Res. 2008-201 (part), passed
Dec. 15, 2008) '

11.5.86. Permanent Exclusion of Persons froma Gaming Facility. (a) The tribal

gaming commission shall have the power and authority to permanently exclude any

’ person froma gaming facllity, if such person causes or has caused a serious or

repeated disturbance, acts or has acted inappropriately, or in any other way interferes
with or has interfered with the orderly conduct of ordinary business within the gaming
facllity.

(b) The request for permanent exclusion of a person may be brought only by an
enforcement agent employed by thé commission before a properly convened meeting of
the commissioners. If the permanent exclusion requested is involuntary, the
commission shall serve notice of the time and place of the hearing on the.person to be
barred at least five (5) days prior to the hearing. At the hearing, the person to be barred
shall be entitled to make a statement to the commission and to challenge ‘any evidence
presented by the enforcement agent. The commissioners may consider the exclusion
request In an open ora closed meeting. At the close of the hearing, the commission

STC 41.5 Gaming Dec. 15, 2008



(2) Ifthe person determined to have committed the infraction wishes to
contest the determination, the person shall respond.by completing the portion of
the notice of infraction requesting a hearing and. submitting it, either by mail or in
person, to the Suquamish Tribal Court. The court shall notify the person in
writing of the time, place, and date of the hearing, and that date shall not be
sooner than séven (7) days from the date of the notice, except by agreement.

(3) If the person determined to have committed the infraction does not
contest the determination but wishes to explain mitigating circumstances
surrounding the infraction, the person shall respond by completing the portion of
the notice of infraction requesting a hearing for that purpose arid submitting it,
either by mail or in person, to the Suquamish Tribal Court. The court.shall notify
the-person In-writing of the-time,.place, and date-of the hearing,.and that.date
shall not be-sooner than seven (7) days from the date of the notice, except by
agreement. :

ae (4) If any person issued a notice of civil gaming infraction, fails

... . (A)-To respond to the notice of civil gaming infraction as provided in
§11.5.80, or

(B) To appear at a hearirig requested pursuant to §11.5.80(e)(2),
the court shall enter an appropriate order assessing the monetary penalty

prescribed for the civil gaming infraction and’any other penalty authotized by the
Suquamish Tribal Code. (Res. 2008-201 (part), passed Dec, 15, 2008)

141.5.81. Hearings. (a) Procedures for the conduct of all hearings provided for in this
chapter, to the extent that they are consistent with the procedures set forth herein, may
be established by the chief judge of the Suquamish Tribal Court.

(b) Any person subject to proceedings under this chapter may be represented by

counsel at their own expense.

(c) The tribe may be represented by counsel.

(d) A hearing held for the purpose of contesting the determination that.an

infraction has. been committed shall be withouta jury.

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(1) The court may consider the notice of civil gaming infraction and any
other written report made under oath submitted by the officer who issued the
notice or whose written statement was the basis for the issuance of the notice In
lieu of the officer's personal appearance at the hearing. The person named in
the notice may subpoena witnesses, including the officer, and has the right to
present evidence and examine witnesses present in court.

11.5 Gaming Dec. 15, 2008





(d) A separate violation occurs on each day that a violation arises or continues
after written notice to the violator from the. commission either in the form-of an order to
cease and desist or in the form of a civil citation. (Res..95-031 (part), passed Apr. 3,
1995; amended by Res. 2008-201 (part), passed Dec. 15, 2008 which also moved
criminal fines and penalties to chapter 7.20)

11,.5.80. Notice of Infraction. (a) A tribal gaming enforcement officer has the authority
to issue a notice of civil gaming infraction:

(1) When it occurs in the enforcement.officer's presence; or

(2) When a tribal gaming enforcement officer investigating any incident or
event.in.or connected to-the.gaming facility has reasonable cause:to believe a
civil gaming infraction has been committed,

(b) The tribal prosecutor may issue a notice of civil gaming infraction upon receipt
-of-a.written- statement ofa tribal gaming enforcement officer that there Is probable cause
to believe that an infraction has been committed.

(c) A notice of gaming infraction represents-a determination that a civil gaming
infraction has been committed. The determination will be final unless contested as
provided in this chapter.

(d) The form for the notice of civil gaming infraction shall include the following
statements.

(1) A’statement that the notice represents.a determination that a civil
gaming infraction has been committed by the person named in the notice and
thatthe determination shall be-final unless contested as provided in this chapter.

(2) A statement that a. civil gaming infraction is a noncriminal offense for
which imprisonment may not be imposed as a sanction and that the penalty for a
elvil gaminig infraction may include the suspension of revocation of a person's
privilege to hold a gaming license within the exterior boundaries of the Port
Madison Reservation.

(3)A statement of the specific civil gaming Infraction for which the notice
was Issued,

(4) A statement of the monetary penalty established for the civil gaming
infraction.

(5) A statement of the options provided in this chapter for responding to
the notice ahd the procedures necessary to exercise these options.

sTc 11.5 Gaming Dec, 15, 2008



agency. (Res. 95-031 (part), passed Apr. 3, 1995; amended by Res. 2008-201 (part),
passed Dee. 15, 2008)

11.5.30 Gaming Facility. (a) To ensure that the environment, public safety, public
health,-and tribal welfare are adequately protected, the tribal gaming facility shall be
constructed, maintained, and operated in compliance with applicable tribal and federal
laws, including but not limited to fire, health, life safety, and building codes.

(b) The tribal gaming facility shall be subject to Inspection annually or more
frequently as the tribal gaming commission determines necessary and appropriate.
(Res, 95-031 (part), passed Apr. 3, 1995; amended by Res. 2008-201 (part), passed
Dec. 15, 2008)

11.5.31. Operation of Class ll Gaming Facility. (a). The tribal gaming operator shall
obtaln a facllity license.a minimum of once every three (3) years as a condition of
operating a Class Il gaming facility.

----— (b) Class Il: gaming may be conducted each and every day of the week and at
such hours of the.day or night as determined in the exercise of the tribe’s sole
discretion, There shall be no limit.as to prize money for any-single gaming activity,
bingo game, or session.except as determined in the exercise of the tribe’s sole
discretion,

(c) Prior to commencing operation of a Class II game or making any material
change in the operation, the tribal gaming operator shall notify the tribal gaming
commission of the hours and days that its facility will be open and of the gaming that will
be conducted. (Res. 95-034 (part), passed Apr. 3, 1995;.amended by Res. 2008-201
(part), passed Dec. 15, 2008)

411.5.32. Operation of Class Ill Gaming Facility. (a) The tribal gaming operator of a
Class Ill garning facility shall obtain a facllity license. a minimum of-once every three (3)
years as.a condition of operating a Class III gaming facility.

(b) Class Il] gaming may be conducted to the maximum allowed by and in
conformance:with the hours and days provided in the tribal~state compact or any
amendment thereto.

(c) Prior to commencing operation of a Class Ili game or.making any material
change in operation, the operator of the Class Ill gaming facility shall notify the tribal
gaming commission of the proposed hours and days thatiits facility will be open and of
the gaming that will be coriducted. (Res, 95-031 (part), passed Apr. 3, 1995; amended
by Res. 2008-201 (part), passed Dec. 15, 2008) :

. 11,5.33. Record Maintenance. (a) The tribal gaming operator shall maintain accurate
and up-to-date records for each Class Il and Class III gaming activity conducted.

STC 11.5 Gaming Dec. 15, 2008



11.5.59. Facility License. Not less than once every three (3) years, the tribal gaming
commission shall issue a Separate license to each place, facility, or location on
Suquainish Indian lands where Class ll or Class III gaming is conducted under this
chapter. (Res..95-031 (part), passed Apr. 3, 1995; amended by Res. 2008-201 (part),
passed Dec. 15, 2008)

11.5.60. Facility Inspection. (a) The tribal gaming commission shall inspect each
gaming operation prior to commencement of operation and at least annually thereafter
to verify its conformanceto the licensing ahd other requirements of this chapter and, as
to Class Ill gaming activities, the tribal-state gaming compact. If the gaming operation
fails to meet any licensing requirement or other requirement of this chapter or, as to
Class III garning activities, the tribal-state gaming compact, the tribal gaming
commission shall send a-noncompliance-letter to:the gaming operator within seven (7)
working days after completion of the inspection.

(b) In a joint preoperation review with the state. gaming agency, the tribal gaming
====commission:shall make an Initial verification that all licenses have been Issued and that
requirements-for-such-licensing have been met.- The joint preoperation review shall be
_..conducted.no later than ten (10) days prior to the scheduled opening of the:gaming

facility to the public. (Res. 95-031 (part), passed Apr. 3, 1995; amended by Res. 2008-
201 (part), passed Dec: 15, 2008)

11.5.61. Financier License. (a) Any party who extends-or intends to extend financing
directly-to-the gaming facility or gaming operation shall besubject to'the annual
licensing requirements of this chapter, |GRA, and/or the tribal~state gaming compact.
Such party shall obtain a tribal license prior'to completing the financing agreement and
annually thereafter as long as the financing agreement Is in effect. This section shall
not apply to financing provided by a federally regulated commercial lending institution,
the Suquamish Tribal government or its agencies, or the federal government.

(b) An applicant for a financier license shall fully disclose to the tribal gaming
commission both the source of all funds to be used in any financing agreement and
other information as may be required to be disclosed under and In accordance with
IGRA and/or the tribal-state gaming compact. -As to Class Ill gaming financier license
applications, the tribal gaming commission shall provide a copy of disclosures made
under this subsection to the state gaming agency in accordance with the tribal-state
gaming compact. (Res, 95-031 (part), passed Apr. 3, 1995)

41.5.62. Key Personnel List. Prior to commencement of operations and-annually
thereafter, the gaming operator shall provide the tribal gaming commission with
information Identifying all key employees in its gaming operation. The tribal gaming
commission shall provide a copy of the submitted information to the state. gaming

agency only to the:extent required under the tribal-state gaming compact. (Res. 95-034

(part), passed Apr. 3, 1995; amended by Res, 2008-201 (part), passed Dec. 15, 2008)

sTC 41.5 Gaming , Dec. 15, 2008



TITLE 11. COMMERCE

Chapter 11.5
GAMING
Sections:

41.5.1 Title.
11.5.2 Authorization.
11.5.3 Findings.
11.5.4 Interpretation.
11.5.5 Statement of Purpose.
11.5.6 Definitions.
11.5.7 Ciass | Gaming Authorized,
11.5.8 Class ll Gaming Authorized,
11.5.9 Class Ill Gaming Authorized.

41,5.10 Unauthorized Gaming Prohibited.

41.5.11 Ownership of Gaming Operation.

11,.5.12 Management, Finance, and Construction Contracts.
11.5.13 Net Revenue Tax.

41.5.14 Use of Gaming Revenue.

41.5.15 Suquamish Gaming Commission — Establishment.

411.5,16 Terms for Commissioners.

11.5.17 Minimum Qualifications for Commissioners.

11.5.18 Appointment of Commissioners.

11.5.19 Commissioners — No Financial Interest in Gaming.

11.5.20 Commissioners ~ Compensation.

411.5.21 Removal of Commissioners.

41.5.22 Commission Administration - Purpose, Responsibilities, and
Powers.

115.23 Promulgation of Regulations.

115.24 Meetings — Schedule, Quorum, Notice,
41.56.25 Reporting.

11.5.26 Annual Audits.

11.65.27 Gaming Inspectors.

41,.5.28 Investigation of Violations and Sanctions.
11,5.29 Meetings with State Gaming Agency.
41.5,30 Gaming Facility.

11.5.31 Operation of Class Il Gaming Facility.
115.32 Operation of Class Il! Gaming Facility.

11.5.33 Record Maintenance.
11.58.34 Prohibition on Per Capita Payments.
11.5.35 Prohibition on Minors, Employees, and Contractors.

11.5.36 Prohibition on Firearms.
11.5.37 Bona Fide Employees.
11.5.38 Identification Tags.

sTc 411.5 Gaming Dec, 15, 2008


(14) Making a false financial statement;

(15) Obtaining execution of a document by deception;
(16) Theft by extortion;

(17) Arson in the first degree;

(18) Computer crime; :

(19) Robbery in the first or second degree;

(20) Bribery;

(21) Bribing a witness;

(22) Perjury;

(23) Any theft accomplished by manipulation of records, e.g.,
embezzlement;

(24) Promotion of unlawful gambling;

(25) Conviction of any crime if the original charge was promotion of
unlawful gambling’and a lesser charge was plea-bargained; or

(26) Tax evasion.

(h) The tribal gaming commission shall deny a gaming license to any prospective

key employee, primary management official, or high security employee who:

STC

(1) Has associated in a business relationship, whether as a partner, joint
venturer, or employer, with any other person who has been convicted of one of
the crimes listed in subparagraph (g) of this section;

(2) Had-been employed by any other person who has been convicted of
one of the crimes listed in subparagraph (g) of this section, if the prospective
employee or official was in any way involved in or aware of the criminal activity
as it occurred;

(3) Fails to disclose any material fact to the tribal gaming commission or
its authorized agents during a background or security investigation;

(4) Misstates or falsifies a material fact to the tribal gaming commission .
during a background or security investigation; or

11.5 Gaming Dec, 15, 2008


(C) To prevent abuses and evasions of the standards and
regulations prescribed by this chapter and applicable rules and
regulations.

(18) Report to the tribal council on any matter related to gaming which is
deemed by the tribal gaming commission to constitute an emergency requiring
immediate action.

(17) Take any action it deems necessary and appropriate for violation(s) of
this chapter, applicable rules, or regulations, including but not limited to license
suspension, license revocation, prosecution, referral for prosecution, or-civil suit.

(18) Employ such employees as are necessary to carry out the specific
and general powers and duties of the tribal gaming commission, including but not
limited to an executive director, gaming inspectors, and necessary support staff.
Commission employees shall meet all license requirements of high security
employees.. All such employees shall be subject to the Suquamish Tribe’s

.. personnel policies and procedures, except to the extent that the commission

staff's unique mission requires deviation from those policies. All commission
policies and procedures related to erhployees of the commission shall be in
writing, be approved by the commission, and be approved by the Suquamish
Tribal Council.

(19) Establish systems to log and record, in a permanent and detailed
manner:

(A) A security log recording any and all unusual occurrences at any
gaming facility that require further irivestigation under the terms of the
tribal-state gaming compact; and

(B) A surveillance log, as written or computerized records,
recording all surveillance activities in the monitoring room of the gaming
facility.

(20) Perform all matters and things directly or indirectly necessary to
conduct its business and carry out its duties and functions.

(21) Perform all other duties related to the conduct and operation of the
powers and duties authorized by this chapter. (Res. 95-031 (part), passed Apr.
3, 1995; amended by Res. 2008-021 (part), passed Dec. 15, 2008)

11.5.23. Promulgation of Regulations. It shall be the responsibility of the Suquamish
Tribal Gaming Commission to promulgate regulations necessary to administer this
chapter and to perform its functions, including the enforcement provisions and penalties
authorized under this chapter. (Res. 95-031 (part), passed Apr. 3, 1995; amended by
Res. 2008-021 (part), passed Dec. 15, 2008)

11.5 Gaming Dec, 15, 2008


withholding of taxes with respect to prizes or winnings from gaming or wagering
pursuant to the operation of Class Il or Class Ill gaming operated on the Port Madison
Reservation shall be observed and complied with by the tribe’s gaming operations.
(Res. 95-031 (part), passed Apr. 3, 1995; amended by Res. 2008-201 (part), passed

Dec. 15, 2008)

11.5.40, Assignment and Forfeiture of Prizes, (a) The right of any person to a prize
shall not be assignable except that payment of any prize may be made to the estate of a
deceased prize winner or to a person pursuant to an order of the tribal court or other
court of competent jurisdiction.

(b) Any unclaimed prize of a Class II or Class Ill gaming activity-shall be retained
by the gaming operator for a reasonable time after the prize is available to be claimed.
The time for.collecting a prize shall be established for each game and shall be
prominently posted. Any person who fails to claim a prize during such time shall forfeit
all rights to the prize, and the amount of the prize shall be returned to the gaming
operator.

(c) Any. consideration paid by and all rights to-any prize won by-a person under
the age of eighteen (18) years or by.a patron under any barring notice or by an
employee while on duty or in uniform unless authorized under §11.5,35 shall be
forfeited as a violation of §11.5.35. The amount of any such consideration and/or prize
shall be awarded to the tribe for the purposes of charitable or problem gambling
contributions consistent with the tribal-state compact. (Res. 95-031 (part), passed Apr.
3, 1995; amended by Res. 2008-201 (part), passed Dec. 15,2008)

11.5.41. Licenses for Gaming Employees, Facilities, Financiers, and Contractors. (a)
No licensing shall be required for Class | gaming.

{b) The tribal gaming commission shall have the sole and exclusive authority to
license Class I] gaming operations on Suquamish Indian lands which are now or may
hereafter be permitted by federal law, this chapter, the tribal—state compact, or court
decision.

(c) The tribal gaming commission shall have the sole and exclusive authority to
license Class III gaming operations on Suquamish Indian lands which are now or may
hereafter be permitted by federal law, this chapter, the tribal-state compact, or court
decision.

(d) The tribal gaming commission shall ensure that the policies and procedures
set forth in this section are implemented with respect to licensing of all persons
employed at any Class I! or Class Ill gaming enterprise operated on Suquamish Indian
lands,

(e) The tribal gaming commission shall issue the following licenses for gaming on
Suquamish Indian lands:

STC 11.5 Gaming Dec. 15, 2008


(b) Tribal gaming inspectors may be present in any Class II gaming facility during
all operating hours of the gaming operation. Tribal gaming inspectors shall have
immediate access to any and all areas of any Class II gaming operation for the
purposes of ensuring compliance with this chapter and IGRA.

(c) At least one tribal gaming inspector shall be present in the Class {Ii gaming
facility during all operating hours of the gaming operation and shall have immediate
access to any and all areas of the gaming operation for the purposes. of ensuring
compliance with this chapter and with the tribal-state gaming compact.

(d) Tribal gaming inspectors shall immediately report to the tribal gaming
commission any violation of this chapter, the tribal~state gaming compact, IGRA, or
other law, chapter, or regulation by the gaming operation, a gaming employee, or any
person on the premises, whether or not associated with the gaming operation.

(e) The tribal gaming commission shall forward a report of any Class Il gaming
violation to the state gaming agency ona continuing basis.. (Res. 95-031 (part), passed
Apr. 3, 1995)

11.5.28. Investigation of Violations and Sanctions. (a) The tribal gaming commission
shall investigate any reported violation of this chapter, the tribal-state compact
provisions, IGRA, or any other applicable law, ordinance, or regulation.

(b) In the event violation is found, the tribal gaming commission shall require
the gaming operator or manager to correct the violation upon such terms and conditions
as the commission determines are necessary. In addition, the tribal gaming
commission may impose fines or other'sanctions as provided in this chapter against any

gaming employee or any person directly or indirectly involved in or benefiting from the
violation.

(c) The tribal gaming commission shall forward copies of all completed
investigation reports and final dispositions concerning Class II gaming violations to.the
state gaming agency on a continuing basis.

(d) The tribal gaming commission may request the state gaming agency to assist
in any investigation of Class Ill gaming violations or to provide related investigation
services, (Res. 95-031 (part), passed Apr. 3, 1995; amended by Res. 2008-201 (part),
passed Dec, 15, 2008)

11.5.29. Meetings with State Gaming Agency.’ (a) The tribal gaming commission shalt
meet with the state gaming agency at least once a year for the purpose of reviewing
existing practices and examining methods to improve the regulatory program created by
the tribal~state gaming compact.

(b) The tribal gaming commission shall follow the protocol established in the
tribal-state gaming compact in initiating and conducting meetings with the state gaming

STC 41.5 Gaming Dec. 15, 2008


(5) Is ineligible for any other reason the tribal gaming commission deems
sufficient, provided such reason is consistent with the tribal~state compact and
this chapter,

(i) In deterrnining whether to deny a gaming license to any prospective key.
employee, primary management official, or high security employee, the tribal. gaming
commission shall consider but need not be limited to the following factors:

(1) Whether the applicant has been convicted of any crime other than a
crime listed in subparagraph (g) in any jurisdiction;

(2) Whether the applicant has associated with persons or businesses of
known criminal background or persons of disreputable character that may
adversely affect the general credibility, honesty, integrity, security, fairness, or
reputation of the gaming operation; or i

|
|
i
|

(3) Whether there is any-aspect of the applicant's past conduct that the.
tribal gaming commission determines would adversely affect the honesty,
integrity, security, or fairness of the gaming operation. (Res. 95-031 (part),
passed Apr. 3, 1995; amended by Res. 2008-201 (part), passed Dec. 15, 2008)

11.5,50. Denial of License Application. (a) The tribal gaming commission shall deny a
-. “gaming license to any prospective low security employee who has committed any of the

ctimes listed In.§11.5.49(g)(1-5).

(b) The tribal. gaming commission may deny a gaming license to any prospective
low security employee who has coirimitted any of the crimes listed in §11.5.49(g)(6=26).

(c) The tribal gaming commission may reject any applicant who:
(1) Fails to provide all the information requested in the application;
(2) Violates, fails, or refuses to comply with any provision, requirement,

condition, limitation, or duty imposed by this chapter, IGRA, or-the tribal-state
gaming compact;

(3) Falls to provide information reasonably required to investigate the
application for a tribal license or to reveal any fact which the applicant knows or
should reasonably know is material to such application, or who has furnished any
information which is untrue or misleading in connection with such application;

(4) Has had a tribal or state gaming license revoked or denied during the
twelve months prior to the date on which the tribe received the application; or

STC 14.5 Gaming Dec, 15, 2008



(2) Has no interest in any private gaming activity on Suquamish Indian
lands or any activity which may have interests which conflict with the tribal
gaming operation.

(c) A tribal council member who also serves as'a gaming commissioner shall
promptly vacate his or her position with the gaming commission in the event he or she
no longer serves on the tribal council for any reason, including voluntary resignation,
recall, non-reelection, serious illness, or death. The tribal council.shall appoint another
tribal council member as a gaming commissioner to fulfill the remaining term of the
vacated position.

(d) Upon appointment but prior to sitting as a commissioner, each appointee
must pass-a drug test, a-criminal background investigation, and a credit background
investigation. (Res. 95-034 (part), passed Apr, 3,.1995; amended by Res.-96-006
(part), passed Jan. 16, 1996; amended by Res. 2005-181 (part), passed Oct. 3, 2005;

~ amended by Res. 2008-201 (part), passed Dec. 15, 2008)

11.5.19. Commissioners — No Financial Interest in Gaming. No commissioner shall
-have any direct or indirect financial interest in the Class II or Class Ill gaming activities,
(Res. 95-031 (part), passed Apr. 3, 1995; amended by Res. 2005-181 (part), passed
Oct. 3, 2005; amended by Res, 2008-201 (part), passed Dec. 15, 2008)

41.5.20. Commissioners — Compensation. Tribal gaming commissioners shall receive,
at minimum, a-stipend or be reasonably compensated, as determined by the tribal
council in its annual tribal budgeting process. Any stipend or compensation shall be
paid from the tribe's income from gaming activities, including taxes and profits paid to
the tribe from the Class || and Class III gaming activities. (Res. 95-031 (part), passed
Apr. 3, 1995; amended by Res. 2005-181 (part), passed Oct. 3, 2005)

41.5.21. Removal of Commissioners. A gaming commissioner may be removed for
good cause by a majority of all tribal council members after written notice specifying the
cause for removal and an opportunity to be heard by the tribal council. Good cause
includes but Is not limited to repeated failure to attend commission meetings, neglect of
duty, abusing the powers or privileges of the office, conflict of interest, and engaging in
criminal'acts. The decision of the tribal council.on such removal shall.be final and not
subject to judicial review except that ah appeal to tribal court may be maintained
exclusively on the grounds that the commissioner's rights to due process of law were
denied by the Suquamish Tribal Council. (Res. 95-031 (part), passed Apr. 3, 1995;
amended by Res, 2005-181 (part), passed Oct, 3, 2005; amended by Res. 2008-204
(part), passed Dec. 15,2008)

11.5.22. Commission Administration — Purpose, Responsibilities, and Powers, The
commission is established-and authorized as a:regulatory agency of the tribe.

(a) Consistent with the purposes and requirements of this chapter, IGRA,
applicable federal regulations, and In the case.of Class II gaining the tribal-state

STC - 41,5 Gaming Dec. 15,2008



(0) “Gaming activities” means the conduct of gaming activities permitted pursuant
to IGRA or the tribal-state gaming compact.

(p) “Gaming facility’ means any premises in which Class |! or Class Ill gaming
activities as authorized by IGRA or the tribal-state gaming compact are conducted on
Suquamish Indian lands. The term “premises” means the real property upon which any

Class II or Class Il! activity is conducted, including but not limited to any and all
buildings, parking areas, and lands located within the legal description of such real

property.

(q) “Gaming operation” or “tribal gaming operation” means any enterprise
operated by the tribe on Suquamish Indian lands for the conduct of any form of Class II
or Class III gaming in-any-gaming facility. Where-gaming Is operated bya tribal
department, agency, or wholly-owned corporation, the terms shall riot include those
portions of the department or agency which are unrelated to gaming.

(t) “Gross receipts” means the total receipts from the conduct of gaming
activities. a _

(s) "High security employee” means any person. who is employed by the gaming
operation to perform one or more of the following functions:

(1) Floor manager;

(2) Pit boss;

(3) Dealer;

(4) Croupler;

(5) Approver of credit;

(8) Counting room supervisor;

(7) Custodian of gaming supplies.or cash;

(8) Custodian of gaming devices, including persons with access to cash or
accounting records within such devices;

(9) Bingo caller;
(10) Chief of security;

(11) Any other person not otherwise included in §11.5.6(s) whose total
cash compensation is in excess of fifty thousand dollars ($50,000) per year; and

sTc 11.5 Gaming Dec. 15, 2008



11.5.48. Request for Temporary State Certification of Gaming Employees. (a) The
tribal gaming commission may, within thirty (30) days of receiving a completed
application, request that the state gaming agency issue a temporary state certification to
the applicant, unless the state gaming agency's background Investigation during that
period discloses that the applicant has a criminal history or the state gaming agency
discovers compelling evidence of dishonesty, criminal conduct, or an association(s)
sufficient to disqualify the applicant under the state’s certification requirements.

(b) Any temporary certification granted shall becofne void and be of no effect
upon either the issuance of a state certification or the issuance of an intent to deny, in
accordance with the tribal-state gaming compact. (Res. 95-031 (part), passed Apr. 3,
1995)

11.5.49. Background Investigation Procedures. (a) The tribal gaming commission shall
conduct an investigation of each license applicant sufficient to make a determination as
set forth below.in this section. In conducting a background investigation, the tribal
gaming commission and its investigative personnel shall promise to keep confidential
the identity of each person interviewed.

(b) The tribal garning commission shall be responsible for the conduct of
background investigations and for making suitability determinations for employees of
the Class [1 gaming operation.

(c) The tribal police agency, a qualified contractor of the tribal gaming
commission, or the tribal gaming commission shall obtain fingerprints from all applicants
and employees of the Class {1 gaming operation. The tribal gaming commission may
utilize the NIGC or the state gambling commission enforcement agency, as may be
required by IGRA o7 the tribal-state gaming compact, to process the fingerprints.

(d) The tribal gaming commission is authorized to conduct background
investigations of Class {II gaming license applicants. The tribal gaming commission
may alternatively rely solely on the background investigation report provided by the
state in accordance with the tribal-state gaming compact in determining whether to
issue a Class II! gaming license.

(e) The minimum investigative procedures to be performed in connection with a
background investigation of key employees, primary management officials, high security
employees, and low security employees shall include the following:

(1) Verification by written or oral communication of information submitted
by the applicant;

{2) Inquiry into the applicant's prior activities, reputation, habits,
associations, and criminal record, if any;

STC 411.5 Gaming Dec. 15, 2008


be disclosed 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 National Indian Gaming Commission in
connection with the hiring or firing of an employee, the issuance 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 the tribe's being unable to
hire you for a primary management official, high security employee, or key
employee position.

The clisclosure of your social security number (SSN) is voluntary.
However, failure to supply your-SSN may result in errors in processing
your application,

(b) The tribal gaming commission shall notify existing key employees, high

: security employees,-and primary management officials in. writing.that they shall either:

wa (1):Complete a new application form which contains a Privacy Act notice;
or

(2) Sign.a-statement which contains the Privacy Act notice and consent to
the routine use described in that notice. (Res, 95-031 (part), passed Apr. 3,
4995)

11.5.45. False Statement Notice on Application Forms, (a) The following notice shall
be placed on the application form provided to any applicant for a key employee, high
security employee, or primary management official position:

A false statement on any part of your application may be grounds for not
hiring you or for firing you after you begin work. Also, you may be
punished by fine or imprisonment. 18 USC 1001.

(b) The tribal gaming commission shall notify existing key employees, high
security employees, and primary management officials in writing that they shall either:

(1) Complete a new application form which contains a notice regarding
false statements; or

(2) Sign a statement which contains the notice regarding false statements.

(Res, 95-031 (part), passed Apr. 3, 1995)
11.5.46, License; Qualifications. and Requirements. (a) Prior to commencement of

operation and annually thereafter, principals of any management company under
contract with the gaming operation shall be licensed by the tribal gaming commission in
accordance with the provision of the tribal-state compact and IGRA.

sTc 11.5 Gaming Dec. 15, 2008



11.65.80 Notice of Infraction.

41.5.81 Hearings.

11.56.82 Order of Court.

11.5.83 Other Offenses and Penalties.

41.5.84 Fines.

11.5.85 Removal of Persons from a Gaming Facility.

115.86 Permanent Exclusion of Persons from a Gaming Facility.
115.87 Tribal Sovereignty and Jurisdiction.

41.5.88 Appeals.

11.5.89 Nonpreemption of Federal Laws.

11.5.90 Cooperation with Law Enforcement.

14,5.97 Severability; Construction.

11.5.92 Contractual Obligations.

11.5.93 Incorporation of Tribal~State Compact by Reference.
11.5.94 Designation of an Agent for Service of Process.
11.65.95 Amendment. :

11.5.96 Effective Date.

11.5.97 Repeal of Inconsistent Tribal Law.

11.5.1. Title. The ordinance codified in this chapter shall be known as the “Suquamish
Gaming Ordinance.” (Res. 95-031 (part), passed Apr. 3, 1995)

11.5.2, Authorization. This chapter, governing the conduct and regulation of gaming
activities within the Port Madison Reservation ‘and other tribally owned land, is
authorized by the Indian Gaming Regulatory Act, PL 100-447, 25 USC 2703 ("IGRA”)
and by regulations promulgated by the National indian Gaming Commission at 25 CFR
502 (as published in the Federal Register at 57 FR'12382-12393, April 9, 1992), (Res.
95-031 (part), passed Apr. 3, 1995)

11.5.3. Findings. The Suquamish Tribal Council finds that:

(a) The Suquamish Tribe has the sovereign right and exclusive authority to
regulate Class | and Class I] gaming activities on Suquamish Indian lands;

(b) The Suquamish Tribe has the sovereign right to operate, license, and
regulate Class Ill gaming activities on Suquamish Indian lands, provided it operates its
Class Ill gaming activities consistent with a compact entered into between the tribe and
the State of Washington;

(c) The raising of funds for the promotion of tribal government-and social
programs and/or bona fide charitable or nonprofit organizations through gaming
activities on Suquamish Indian fands is in the tribal and public interest;

(d) The exercise of tribal sovereign power through this ordinance is necessary to

protect the right of tribal self-government and to regulate its internal relations so as to
protect its political and economic security; and

sTc 11.5 Gaming Dec. 15, 2008


STC

11.5.39
11.5.40
41.5.41

11.5.42
11.65.43
41.5.44
11.5.45
11.5.46
11.547
11,5.48
11.5.49
11.5.50
11.5.54
11.5,52
11.5.53

==44.6,54

11.5.55
411,5.56
41,5.57
41.5.58.
11,5.59
11.5.60
11.5.61
11.5,62
115.63
41.5.64
11,5.65
11.5.66

11,5.67
11.5.68
11.65.69

41.5.70
11,5.71
115.72
11.5.73
11.5.74
41.5.75
11.5.76
41.5.77
11.5,78
11.65.79

Prizes: Taxing and Reporting to the Internal Revenue Service.
Assignment and Forfeiture of Prizes.

Licenses for Gaming Employees, Facilities, Financiers, and
Contractors.

License Fees; Application and Renewal Fees.

Duration and Renewal of Tribal Gaming License.

Privacy Act Notice on Application Forms.

False Statement Notice on Application Forms.

License; Qualifications and Requirements.

Completion of State Certification Application.

Request for Temporary State Certification of Gaming Employees.
Background Investigation Procedures.

Denial of License Application.

Waiver of Disqualifying Criteria.

Gaming Applications by Tribal Members, Indians.

Denial Final.

Procedures for Forwarding Applications and Reports of Class II
Gaming License investigations to the National Indian Gaming
Commission.

Granting a Class || Gaming License.

License Suspension and Revocation.

Appeal.of Revocation Decision.

Application.for Relicensing.

Facility License,

Facility Inspection.

Financier License.

Key Personnel List.

Background Investigation during Employment.

Procedural Manual.

Contracts with Manufacturers and Suppliers.

Criteria for Denial of Class 1! or Class {Il Gaming Contract License
Application.

No Interest in Electronic Gaming Devices.

Rejection of License Application.

Criteria for Denial of Major or Sensitive Procurement Contract
Application.

Criteria for Denial of Minor Procurement Application.
Contractor Repoft Requirements.

Duration of Contractor License and Renewal.

Revocation of Contractor License.

Fee for Approval of Employment License and Contracts.

- Management Contract.

Complaint Procedure.

Recording and Reporting of Incidents.
Civil Offenses.

Civil Fines and Penalties.

14.5 Gaming Dec. 15, 2008



compact, the commission shall license and regulate the conduct of Class I and Ill
gaming activities on Suquamish Indian lands. The commission shall establish and
maintain personnel policies and procedures, training and operations procedures, and a
budget for its operations, and if requested by the tribal council shall rate the
performance of the tribal gaming agency or any manager or management company with
whom the tribal gaming operator or its authorized agent has an approved contract.

(b) Consistent with the purpose and requirements of this chapter, IGRA, and
applicable federal regulations, the commission shall license and regulate all gaming
operations within Suquamish Indian lands which conduct Class I! pull-tab gaming and
sell state lottery tickets.

(c) Neither the members of the commission nor their staff shall interfere with or
become involved in the day-to-day management of any gaming facility.

(d) Neither the members of the commission nor their staff shall participate as

players in any. Class.I or Class Ili game played within the jurisdiction of the Suquamish
Tribe.

(e) The commission, in order to accomplish its regulatory function on behalf of
the Suquamish Tribe, where it deems appropriate, may:

(1) Execute contracts and interlocal agreements, papers, and documents
in the.name of the commission, honoring related contracts heretofore entered
into by the Suquamish Tribal Council related fo the business of the commission.

(2) Verify the functionality, authenticity, and legal conformity of all
equipment for the operation of Class II and Class Ill gaming as provided in this
chapter.

(3) Authorize the Suquamish Tribal government to establish and operate
by itself or through its authorized agent all Class Il and Class II! gaming activities
on Suquamish Indian lands. The tribe shall have sole proprietary interest and
responsibility for the conduct of any Class II or Class Ill gaming activity, with the
exception of existing gaming activities specifically grandfathered pursuant to
§11.5.11(c) of this chapter.

(4) Pay all customs, duties, excises, charges, and obligations whatsoever
related to the business of the commission.

(8) Require and approve the rules of play for each Class II and Class II!
game permitted.

(6) License, inspect, and oversee all gaming activities and persons
employed in gaming activities conducted on Suquamish Indian lands.

STC 11.5 Gaming Dec. 15, 2008


(d) “Class || gaming” means and shall include all forms of gaming which are
defined as “Class Il gaming” In IGRA, 25 USC 2703(7)(A), and the regulations
promulgated by the National Indian Gaming Commission at 25 CFR 502.3 (as published
in the Federal Register at 57 FR 12382-12393, April 1992). This definition shall include
but shall not be limited to the following forms of games: bingo; pull-tabs, Lotto or other
lotteries, punchboards, tip jars, instant bingo, speed bingo, and other games similar to
or which are a form of bingo If played in the same location; and nonbanking card
games, when played in conformity with IGRA, 25 USC 2703{7).

(e) “Class III gaming” means and shall include all gaming which is not Class | or
Class Il, as defined in IGRA, or as authorized by judicial determination, federal
regulation, or federal pronouncement and as authorized and conducted by the tribe in
accordance with and pursuant to the provisions of the tribal-state compact and this
chapter. :

(f) “Class Il gaming contract" means a contract for the provision of any goods or
services for the conduct of Class || gaming.

(g) “Class II1 gaming contract” means a contract for the provision of any goods or
services for the conduct of Class I! gaming.

(h) “Class Ii gaming contractor” means any individual, business, or other entity
that applies for or is a party to a Class I contract.

(i) “Class 111 gaming contractor” means any individual, business, or other entity
that applies for or is a party to a Class Ill contract.

(j) “Commission” or “tribal gaming commission” means the Suquamish Tribal
Gaming Cornmission established by this chapter.

(k) “Commissioner” means a member of the Suquamish Tribal Gaming
Commission.

(1) “Contractor” means any contractor who manages or operates a Class II or
Class III garning operation for the tribe or is a lessor of gaming equipment or supplier of
gaming services to the tribe.

(m) “Entity” means any organization and any division, department, or unit therein
and includes but is not limited to a public or private corporation, partnership, joint
venture, voluntary or unincorporated association, proprietorship, trust, estate,
commission, bureau, or agency, except this definition shall not include the Suquamish
indian Tribe.

(n) “Game. card” or “bingo game card” means a regular or special bingo card.

STC 41.5 Gaming Dec. 15, 2008


{b) Records for each Class Il and Class IIl gaming activity shall include records
of:

(1) All financial transactions, including but not limited to gross receipts,
payouts for prizes whether in cash or merchandise, any and all operating
expenses, and net profits.

(2) All gaming machine testing, malfunctions, maintenance, and repairs.
(3) Personnel.

(4) Complaints of patrons and resolutions thereof,

(8) In-house investigations of incidents or accidents of any kind.

(6) Actions by the gaming facility against players or facility visitors.

(7) Actions by the gaming facility against or reprimanding employees
where the reprimand is directly related to an alleged violation of this chapter, the
regulations promulgated hereunder, IGRA, or the tribal~state compact. All other
personnel records of the gaming operator shall be maintained or destroyed
pursuant to the gaming operator's internal policies and procedures.

(8) Tax records or information provided to the tribal, state, or federal
government as required by tribal or federal law.

{c) Records for each Class III gaming activity shall also include any information
required to be kept under the terms of the tribal-~state. compact.

(d) All such records shall be maintained for a minimum of at least two (2) years
unless a longer period of time is required by the tribal-state compact or another tribal or
federal law. (Res. 95-031 (part), passed Apr. 3, 1995; amended by Res. 2008-201
(part), passed Dec, 15, 2008)

11.5.34, Prohibition on Per Capita Payments. The tribe may make per capita payments
to tribal members only upon approval of a plan submitted to the Secretary of the Interior
pursuant to IGRA 25 USC 2710(b)(3). (Res. 95-031 (part), 7 passed Apr. 3, 1995)

11.5.35, Prohibition on Minors, Employees, and Contractors. (a) No person under the
age of eighteen (18) years shall be permitted to play any Class II or Class Ill game.

(b) Where alcoholic beverages are offered in any Class Il or Class Ili gaming
facility, all such alcoholic beverages shall be offered in accordance with all applicable
laws.

STC 11.5 Gaming Dec, 15, 2008


gsoNAL 'No,

Oe
Ry V4.
Yon * we

May 14, 2009 ‘No co TAN”

James R. Bellis, Tribal Attorney
The Suquamish Tribe

P.O. Box 498

Suquamish, WA 98392-0498

RE: The Suquamish Tribe submitted gaming ordinance amendment
VIA FASIMILE 360-394-8501
Dear Mr, Bellis:

This letter responds to your request to the National Indian Gaming Commission
(NIGC) for the review and approval of an amended Suquamish Tribal Gaming Ordinance
that.was.received. March 5, 2009. The original Tribal Gaming Ordinance was approved
on January 5, 1996. A subsequent amendment was approved oii January 4, 2006.

This amendment to the Suquamish Tribal Gaming Ordinance was adopted by the
Suquamish Tribal Council by Resolution No. 2008-201, dated December 15, 2008. This
letter constitutes approval of this.amended Gaming Ordinance as submitted pursuant to
the Indian Gaming’ Regulatory Act (IGRA).

However, it is important to note that the gaming ordinance is approved for gaming
only on Indian lands, as defined in the IGRA, over which the Tribe exercises jurisdiction.
Furthermore, this approval does not constitute approval of specific games,

Thank you for submitting this amendment to the Suquamish Gaming Ordinance
our staff to assure that this version is comprehensive and in full
. Should you have any questions or concerns, please contact Toni
039, the staff attorney assigned to this matter.

flip N. Hogi
Chairman

ce: Leonard Forsman, Chairman, Suquamish Tribal Council

NATIONAL HEADQUARTERS — 1441 L St, NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.GOV
REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK


gaming operator at least five (5) days prior to the hearing. At the hearing, the customer
shall have the opportunity to submit written evidence and present oral testimony in
support of his or her complaint. The tribal. gaming operator shall have the opportunity to
respond to the customer’s complaint with evidence or testimony.

~ (g) The liability of the tribal gaming opérator in any dispute under this-section
shall be lirnited to the amount of the alleged winnings. No complainant shall be entitled
to any other award, including but not limited to special or punitive damages or damages
for mental distress. .

(h) The decision of the commission shall be'final and not subject to judicial
review. (Res. 95-031 (part), passed Apr. 3, 1995; amended by Res. 2008-201 " (part),
passed Dec.15,:2008)

11.5.77. Recording and Reporting of Incidents. (a) The tribal gaming operation shall
record, in.a permanent. and detailed manner, any and. all occurrences. at any gaming

--facility which require ‘further Investigation under the terms of the tribal-state gaming
compact. -

(b) Each incident recorded shall be assigned a sequential number, and at a
minimum the following information shall be maintained regarding the Incident:

(1) The assigned number;

(2) The date;

(3) The time;

(4) The nature of the incident;

(5) The name, address, and telephone number of all persons. involved in
the incident; and

(6) The name and identification number of the tribal gaming inspector or
commission employee assigned responsibility for recording the occurrence.
(Res. 95-031 (part), passed Apr. 3, 1995; amended by Res, 2008-201 (part),
passed Dec. 15, 2008)

41.5.78, Civil Offenses, The following offenses are civil offenses, punishable by a fine
of up to five thousand dollars ($5,000). .in addition, any person licensed by the
commission who Is found to have violated any provision of this section will be ‘subject to
immediate suspension of his/her gaming license, pending a hearing before the
commission pursuant to §11.5.56..

(a) It shall be a civil offense for any person to operate, perform, supervise, hold,
conduct, or participate in gaming on Suquamish Indian lands in violation of the

STC 41,5 Gaming Dec, 15, 2008



(dd) “Net revenues” means the total gross revenues from gaming. activities less

all reasonable sums actually expended for operating expenses and liabilities, including
but not limited to amounts paid for or paid out as prizes.

(ee) “NIGC Chairman” means the Chairman of the National Indian Gaming

Commission.

(ff) “Nonbanking card game” means any card game'in which two or more players

play against each other and the players do not-wager against the house. Nonbanking
card games played in conformity with state law regulating such are Class Il gaming. All
other nonbanking card games are Class III games.

(gg) “Player” means any person paying some amount of United States currency

to the tribe for admission to or participation in Class || or Class I!l gaming activity and
-who is participating with the reasonable expectation of or the chance of receiving a prize
--~- —~of some value as a result of participating in, playing, or wagering on such game.

_(bh).“Primary management official” means any person ernployed by the gaming

operation who:

sTc

(1) Has management responsibility for a management contract;
(2).Has the authority to hire and fire employees;
(3) Has the authority to set up working policy for the gaming operation; or

(4) Has financial management responsibility, including but not limited to
the chief financial officer. :

(i) “Principal” means with respect to any enterprise:
(1) Each of its officers and directors;

(2) Each of its key management employees, including any chief executive
officer, chief financial officer, chief operating officer, or general manager;

(3) Each of its owners or partners, if an unincorporated business;

(4) Each of its shareholders who own more than ten petcent (10%) of the
share of the-corporation, if a corporation; and

(5) Each person or entity other than’a banking institution that has provided
financing for the enterprise constituting more than ten percent (10%) of the start-
up capital or operating capital over a twelve-month period or any combination
thereof,

11.5 Gaming Dec. 15, 2008



(12)The four (4) most highly compensated persons in the gaming
operation if not otherwise Included.

(t) “Indian lands” or “Suquamish Indian lands” means Indian lands as defined by
25 USC 2703(4)(A) and (B).

(u) “Individual” or “person” means but is not limited to natural persons and
business entities, including business sole proprietorships, partnerships, corporations,
joint ventures, organizations, and associations.

{v) “Key employee" means any officer or person employed by the gaming
operation who can affect the course of business, who can make material decisions, or
who is in a sensitive employment position.

(w) “License” or “licensed” means a tribal gaming license or having a valid tribal
gaming license issued by the Suquamish Gaming Commission pursuant to the powers
and authorities granted-under this chapter. A tribal gaming license is a privilege and not

- aright and.may-be revoked by the commission on good cause shown after notice and
an opportunity to be heard.

(x) “Lottery” means any scheme for the disposal or distribution of property among
persons who have paid valuable-consideration for the chance of obtaining such property
ora portion or share of or interest in such property upon any agreement, understanding,
or expectation that it is to be distributed or disposed of by lot or chance, whether called
a lottery, raffle, or gift enterprise, or by whatever name the same may be known.

(y) “Low security employee” means any person employed by the gaming operator
to work in a gaming area with no responsibility for management or operation of Class II
or Class Ili gaming activities and no access to cash or to the interior of any gaming
terminals.

(z) “Major procurement” means any procurement action or contract for any
goods, services, or products involving the determination of winners in any Class Il!
gaming activities; for the printing of tickets used in any Class II! gaming activity, or for
any goods or services Involving the receiving or recording of number selections in any
Class I! gaming activity.

(aa) “Minor procurement” means any procurement action or contract related to
any Class II] gaming activity that is neither a major procurement nor a sensitive
procurement,

(bb) “National Indian Gaming Commission” or “NIGC” means the federal gaming
tegulatory commission established pursuant to IGRA,

(cc) “Native American” or “Indian” means a person who is an enrolled member of
a federally recognized Indian tribe.

STC 11.5 Gaming Dec. 15, 2008


the tribal gaming commission may immediately issue a contract license to supply the
same services or goods to the tribal gaming operation.

(g) In the event a Class Ill gaming contractor provides or intends to provide less.
than twenty-five thousand dollars ($25,000) worth of gaming-services annually, the tribal
gaming commission, upon mutual agreement with the state gaming agency, may waive
the certification and licensing requirement, (Res. 95-031 (part), passed Apr. 3, 1995;
amended by Res, 2008-201 (part), passed Dec, 15, 2008)

11.5.66. Criteria for Denial of Class 11 or Class || Gaming Contract License Application,
The tribal gaming commission shall deny:a Class Il-or Class Ill gaming contract license

application under any of the following conditions:

~--——--(a) The-applicant fails to disclose, misstates, or falsifies any material fact'to the
tribal gaming commission,.the state, or their authorized agents during a background or
security investigation.

_(b)-A person who is.unquallified or disqualified-to be a Class II or Class Ill gaming
-.contractor.owns, is. an.agent of, or has any other interest in the applicant, regardless of
the qualifications of the person who seeks approval as a:contractor,

(c) The.applicant demonstrates Inadequate financing for the business proposed
uhder the type of contract for which application is made. In determining whether
financing is adequate, the tribal gaming commission shall consider whether financing is
from a source that meets the qualifications of §11.5.49 and whether the finaricing is in
an amount to ensure the likelihood of success in the-performance of the contractor's
duties and responsibilities.

(d) The applicant or its employees fails to demonstrate business abllity and
experience to establish, operate, and maintain the business for the type of contract for
which application is made.

(e) Any other reason thé tribal gaming. commission deems sufficient. (Res. 95-
031 (part), passed Apr. 3, 1995; amended by Res. 2008-201 (part), passed Dec. 15,
2008)

11.5.67. No-Interest in Electronic Gamin: ices. No person applying for a Class [Lor
Class If] gaming contract license shall own, manufacture, possess, operate, own an
interest in, or gain income or reimbursement in any manner from video gaming devices
in any jurisdiction unless:

(a) The devices are approved .and certified by.another state lottery, gambling, or

gaming control agency, Indian tribe, NIGC, or foreign country which has jurisdiction to
approve that activity; and :

STC 11,5: Gaming Dec. 15, 2008



(14) The name.and address. of any licensing or regulatory agency with
whom the person has filed an application for an occupational license or permit,
whether or not such license or permit was granted;

(15) The name.and address of any licensing or regulatory agency with
whom the person has filed an application for a license or permit related to
gaming, whether or not such license or permit was granted;

(16) For each felony conviction or continuing prosecution, the charge, the
name and address of the court involved, and the date and disposition, if any;

(17) For-each misdemeanor.conviction-or continuing prosecution,
Sed excluding minor traffic violations, within ten (10) years of the date of the
application, the name and address of the court involved:and the date and
disposition, if any;

2 nn ee -- (18) For-each criminal charge-within ten (10) years of the date of the

__.__application and not otherwise listed pursuant to paragraph (16) or (17) of this
section whether or‘not there is a conviction but excluding civil traffic infractions,
the criminal charge, the name and address .of the court involved, andthe date
and disposition, If any;

(19) Two (2) current photographs;

(20) Any other information the tribal gaming commission deems relevant;
and : .

- (21) Fingerprints consistent with procedures adopted by the tribal gaming
commission in accordance with 25 CFR 522,2(h). The Suquamish Gaming
Commission shall engage the Suquamish Tribal Police-or other qualified law
enforcement agency to complete the fingerprinting license applicants. (Res. 95-
031 (part), passed Apr.’3, 1995; amended by Res. 2008-201 (part), passed Dec.
1, 2008)

41.5.47. Completion of State Certification Application. (a) Each applicant fora Class Ill

gaming related license shall also submit to the tribal gaming commission a completed
state certification application together with all fees required by the state gaming agency
and the tribal gaming commission. For business entity applicants, the principals of such
entities shall submit the required application, attachments, and fees.

(b) The tribal gaming commission shall transmit a copy of all Class I!] gaming
license application materials for each applicant, together with a set of fingerprint cards,
a current photograph, and the fee required to the state gaming agency. (Res. 95-034
(part), passed Apr. 3, 1995)

STC 11.5 Gaming Dec, 15, 2008



provisions of this chapter or in violation of rules or regulations promulgated pursuant to
this chapter.

(b) It shall be a civil offense for any person to conduct any gaming activity without
the license or licenses required by this chapter, by IGRA, or in the case of Class Ill
gaming activities, by the tribal-state gaming compact.

(c) It shall be a civil offense for any person to knowingly make a false statement
in an application for employment or a license application required in this chapter, by
IGRA, or in the case of Class III gaming activities, by the tribal-state gaming compact.

(d) It shall be a civil offense for any person to make any false or misleading entry,
willfully fail to maintain or make any entry required.to be maintained or made, or willfully
refuse to produce for inspection by the Suquamish Gaming Commission or in the case
of Class III gaming activities, by any person authorized to inspect pursuant to tribal law,
IGRA, or the tribal~state gaming compact any book, record, or document required to be
maintained or made by tribal law, federal law, or the tribal-state gaming compact.

- 2... .(@) It shall be.a civil offense for any person to bribe, attempt to bribe, unduly

influence, or attempt to unduly influence any person who licenses, operates, conducts,
assists, or is otherwise employed in a gaming activity or enterprise located on
Suquamish Indian lands.

(f) It.shall be a civil offense for any person directly or indirectly operating any
gaming activity on Suquamish Indian lands to employ any device, scheme, or artifice to
defraud; to make any untrue statement of a material fact or to mislead by omltting a
material fact; orto engage in any act, practice, or course of operation which would
operate as a fraud or deceit upon any person.

(g) It shall be a civil offense for any person participating directly or indirectly in
any gaming activity on Suquamish Indian lands to employ or attempt to employ any
device, scheme, or artifice or to engage in any act, practice; or operation which would
operate as a fraud or deceit upon any other participant or any operator.

(h) It shail be a civil offense for any person to alter or misrepresent the outcome
or other event on which wagers have been made after the outcome is made sure but
before it is revealed to the players.

Ai) It shall be.a civil offense for any person to place, increase, or decrease a bet
or to determine the course of play after acquiring knowledge not available to all players
of the outcome of the game or any event which affects the outcome of the game or
which is the subject of the bet; or to aid anyone in acquiring such knowledge for the
purpose of placing, incréasing, or decreasing a bet or determining the course of play
contingent upon that event or outcome.

STC 11.5 Gaming Dec. 15, 2008


(b) All primary management officials, high security employees, and low security

employees to be employed by the gaming operation shall be licensed by the tribal
gaming commission in accordance with the provisions of the tribal-state compact and

IGRA.

(c) All prospective employees of the gaming facility, including primary

management officials, high security employees, and low security employees, shall
provide to the tribal gaming commission any required application fee and, at minimum,
the following information:

STC

(1) Full name, other names used (oral or written), maiden name, and
mother's maiden name;

(2) Social security number(s);

(3) Date and place of birth;

{4) Citizenship;

(5) Gender;

(6) All languages spoken or written;

(7) Current and for the previous five (5) years: business and employment
positions held and the address of each business. or employer;

(8) Current and for the previous five (5) years: ownership interests in any
business and the address of each business;

(9) Current driver's license number and-any other driver's license held in
the past five (5) years;

(10) Description of any existing or previous business relationships,
including prior employment, with any Indian tribe and, if applicable, any
ownership interest in such business(es);

(11) The names and current addresses of at least three (3) personal
references, including one (1) personal reference who was acquainted with the
applicant during each period of residence listed under paragraph (7) of this
section;

(12) Current business and residence telephone numbers;

(13) A description of any existing and previous business relationships with
the gaming industry generally, including ownership interests in those businesses;

11.5 Gaming Dec. 15, 2008


(e) Itis essential to the health, safety, and general welfare of the Suquamish.
Tribe and to visitors of the Port Madison Reservation that standards and regulatlons be
promulgated to govern the conduct of gaming activities on Suquamish Indian lands.
(Res. 95-031 (part), passed Apr. 3, 1995; amended by Res. 2008-201 (part), passed
Dec, 15, 2008)

41.5.4, Interpretation. (a) This chapter shall be deemed an exercise’of the sovereign
power of the Suquamish Indiah Tribe, and all provisions of this chapter shall be liberally
construed for the accomplishment of the statement of purpose.

(b) Any ambiguity in this chapter or in any rules or regulations hereafter

promulgated pursuant to-this chapter shall be resolved so as to be consistent with IGRA

and other applicable tribal arid federal law. (Res. 95-031 (part), passed Apr. 3, 1995)

41.5:5. Statement of Purpose. The purposes of this chapter are to:

a -(a) Govern, regulate, and provide standards forthe operation, conduct, and
_playing,.on Suquamish Indian lands, of Class | and Class II gaming, as defined by the

Indian Gaming Regulatory Act of 1988,.25 USC 2701 et seq., and Class Ill gaming, as
defined by the same act and as authorized by and pursuant to the provisions of the
tribal-state compact entered into in compliance with the Act;

(b) Strengthen the existing economy of the Suquamish Indian Tribe and promote

tribal economic development;

(c) Enhance employment opportunities for tribal members; and

(d) Generate revenue for use in the. improvement of the health, education, and
welfare of tribal members. (Res. 95-031 (part), passed Apr. 3, 1995)

11.5.6. Definitions. (a) “Act” or “IGRA” means the Indian Gaming Regulatory Act,
Public Law 100-497, codified as 25 USC 2701 et seq.

(b) “Bingo” means the game of chance (whether manual, electronic, computer, or
otherwise technologically assisted) which is played for prizes, including monetary
prizes, with cards bearing numbers or other designations, in which the holder of the
card covers such numbers.or designations when objects similarly numbered or
designated are drawn or electronically determined, and in which'the game Is won by the
first person covering a previously designated arrangement of numbers or designations
on such cards.

(c) "Class | gaming” means and shall include social and traditional games played
for prizes of minimal value and traditional forms of Indian gaming engaged in by
individuals as part of or in connection with Suquamish Tribal ceremonies or
celebrations. :

STC 411.5 Gaming Dec. 15, 2008



11.5.24, Meetings — Schedule, Quorum, Notice. The commission shall regularly meet
twice monthly. The commission shail also meet at the request of two (2) members of
the commission or the chairperson of the tribal council. A quorum shall.be three (3)
members. Voting shall be by majority. Notice of the meetings-shall be given to
commission. members and to the tribal council at least five (5) days prior to the meeting
except in the case of an emergency or special meeting. .An agenda shall be
established. Minutes shall be recorded, filed, and maintained for three (3) years. (Res.
95-031 (part), passed Apr. 3, 1995; amended by Res. 96-006 (part), passed Jan. 16,
1996; amended by Res. 2005-181 (part), passed Oct. 3, 2005; amended by Res. 2008-
021 (part), passed Dec. 15, 2008)

11.5.25.- Reporting. The commission shall cause.a monthly report, approved by the
commission, to be. submitted by the fifteenth day of the following month to the tribal
council to Include information on each of the commiission’s responsibilities. The monthly
report shall include a financial statement for the month just ended. Biannually, the

- commission shall submit a-cumulative report to the tribal council on the performance of
—-—any tribal department, approved-manager, or management company with which the-
-tribe or its authorized agent has an approved gaming contract. (Res,'95-031 (part),

passed Apr. 3, 1995; amended by Res. 2008-201 (part), passed Dec. 15, 2008)

11.5.26, Annual Audits. (a) The tribal gaming operator shall cause to be conducted
annually an independent audit of its Class |! and Class II! gaming operations and shall
submit the resulting audit reports to the tribal gaming commission, to the tribal council,
and to the.extent required by the tribal-~state compact, IGRA, or other applicable federal
law, to the National Indian Gaming Commission, The audit reports shall be made
available to federal agencies authorized by federal law to obtain copies of the results of
those audits. All audits shall be deemed to be confidential and proprietary Information
and not subject to disclosure without the express written approval of the tribal gaming
commission.

(b) Audit(s) shall be conducted by an independent auditing firm, selected at the
discretion of the gaming operator's chief financial officer. Nothing in this paragraph
shail prohibit the annual audit of tribal gaming activities from belhg encompassed within
the tribe’s existing audit system.

(c) All gaming related contracts which result in the purchase of supplies,
services, or concessions in excess of twenty-five thousand dollars ($25,000) annually,
except for. professional, legal, or accounting contracts, shall.be specifically included
within the scope of the annual independent audits. (Res. 95-031 (part), passed Apr. 3,
1995; amended by Rés.-2008-021 (part), passed Dec. 15, 2008)

11.5.27. Gaming Inspectors. (a) The tribal gaming commission shall employ as many

trlbal gaming inspectors as it deems necessaty to ensure full enforcement of this
chapter.

STC 11.5 Gaming Dec, 15, 2008



11.5.90. Cooperation with Law Enforcement. Tribal gaming inspectors and tribal police
Officials shall cooperate with law enforcement officials of the State of Washington, the
Bureau of Indian Affairs, the Federal Bureau of Investigation, and other law enforcement
agencies to the extent required by the tribal-state compact, IGRA, or other applicable
federal law. Law enforcement activities and responsibilities related to Class III gaming
shail be consistent with and in accordance with the provisions of the tribal-state
compact or any amendments thereto. (Res. 95-031 (part), passed Apr. 3, 1995;
amended by Res. 2008-201 (part), passed Dec. 15, 2008)

11.5.91. Severability; Construction. If any phrase, clause, part, sentence, provision, or
section of this chapter fs found to be invalid by the Suquamish Tribal Court, the
remainder of this chapter shall not be affected, shall remain in full force and effect, and
shall continue in effect.as if the invalid provision(s) were not a part hereof. (Res. 95-034
(part), passed Apr. 3, 1995; amended by Res. 2008-201 (part), passed Dec. 15, 2008)

---11.5.92. -Contractual Obligations. Nothing in'this chapter shall impair or affect.the

a —authority-of the commission or the tribal council-in.any. manner. whatsoever to fulfill its ee

-.._£omplete contractual_obligations related to any subject matter herein. (Res,.95-034 .. -...
(part), passed Apr. 3, 1995)

11.5.93. Incorporation of Tribal-State Compact by Reference. The provisions of the
tribal~state compact are, by this reference, incorporated into this chapter as though fully

set forth herein. (Res. 95-031 (part), passed Apr. 3, 1995)

11.5.94. Designation of an Agent for Service of Process. Consistent with 25 CFR
522.2(g) and 519.1, the tribal gaming commission shall designate-an agent for service

of any official determination, order, or notice of violation and advise the tribal council in
writing of the designation. (Res. 95-031 (part), passed Apr. 3, 1995)

11.5.95. Amendment. All provisions of this chapter are subject to amendment by the
Suquamish Tribal Council. All regulations promulgated by the commission are subject
to revision, repeal, or amendment by the commission. (Res. 95-031 (part), passed Apr.
3, 1995)

11.5.96. Effective Date. This chapter shall become effective upon adoption by the
Suquamish Tribal Council in accordance with the provisions of the Constitution and
Bylaws of the Suquamish Tribe. (Res. 95-031 (part), passed Apr. 3,1995)

11.5.97. Repeal of Inconsistent Tribal Law. To the extent they are inconsistent with this
chapter, all prior gaming codes or ordinances or other provisions of tribal law related to
gaming are hereby repealed, are of no further force and effect, and are replaced by this
chapter, (Res. 95-031 (part), passed Apr. 3, 1995; amended by Res. 2008-201 (part),
passed Dec. 15, 2008)

sTc 11.5 Gaming Dec. 15, 2008


{d) Along with the report, the tribal gaming commission shall submit a copy of the
eligibility determination made under §11.5.49(g) of this chapter.

{e) If a license is not issued to an applicant, the tribal gaming commission:
(41) Shall notify the NIGC; and

(2) May forward copies of its eligibility determination and investigative
report, if any, to the NIGC for inclusion in the Indian Gaming Individuals Records
System,

(f) With respect to key employees, high security employees, and primary
management officials, the tribal gaming commission shall retain applications for
licensing and reports, if any, of background investigations for inspection by the
chairman of the NIGC or his or her designee for not less than three (3) years from the
date of termination of employment. (Res. 95-031 (part), passed Apr. 3, 1995; amended
by Res. 2008-201 (pait), passed Dec. 15, 2008)

...11.5.55. Granting a Class || Gaming License. (a) If within thirty (30) days after the
NIGC receives a report the NIGC notifies the tribal gaming commission that it has no
objection to the issuance of a license pursuant to a license application filed by an
applicant for a key employee, high security employee, or primary management official
position for whom the tribal gaming commission has provided an application and
investigative report to the. NIGC, the tribal gaming commission may issue a license to
such applicant.

(b) The tribal gaming commission shall respond to a request for additional
information from the chairman of the NIGC concerning any key employee, high security
employee, or a primary management official who is the subject of a report. Such a
request shall suspend the thirty-day period under §11.5.55(a) until the chairman of the
NIGC receives the additional information.

(c) If within the thirty-day period described above the NIGC provides the tribal
gaming commission with a statement itemizing objections to the issuance of a license to
a key employee, high security employee, or primary management official for whom the
tribal gaming commission has provided an application and investigative report, the tribal
gaming commission shall reconsider the application, taking into account the objections
itemized by the NIGC. The tribal gaming commission shail make the final decision on
whether to issue a license to the applicant. (Res. 95-031 (part), passed Apr. 3, 1995)

11.5.56. License Suspension and Revocation. (a) The tribal gaming commission shall
immediately suspend and after notice and hearing revoke the license issued pursuant to
this chapter of any person or entity who is or becomes ineligible to hold:a license under

» this chapter and regulations promulgated hereunder or who violates any provision of
this chapter, of §7,20.2, of 25 USC 2701 et'seq., of 18 USC 1163, or of any rule or
regulation promulgated and adopted thereunder.

sT¢ 11.5 Gaming Dec. 15, 2008


(b) If, after issuing a license, the tribal gaming commission receives from the
NIGC reliable information Indicating that the applicant or employee does not meet the
standards established. and set forth in this chapter or is ineligible to hold a license under
this chapter, the commission shall immediately suspend such license and after notice
and hearing may revoke such license.

(c) Upon suspending a license and within five (5) working days, the tribal gaming
commission shall set a date, time, and place for a revocation hearing and give written
notice to any licensee whose license has been suspended and include in the notice the
following information:

(1) The effective date of the suspension;
(2) The reason(s) for the suspension and potential revocation; and

ae _(3) The date, time, and place of the revocation hearing which’shall occur
no later than thirty (30) calendar days-from the date of the suspension.

(d) At least five (5) days prior to a revocation héating involving a Class Ill license;
the tribal gaming commission shall forward to the state gaming agency a copy of any
notice of hearing to be held.

_-(e) After conducting the revocation hearing, the tribal gaming commission may
decide to revoke or to reinstate the gaming license or to reinstate with conditions on the
license and licensee consistent with the provisions-of this chapter-and the regulations
promulgated hereunder, provided such conditions shall be reviewed by the commission
on the next renewal date of the license. The commission may not reinstate any Class II
or Class Ii! gaming license with conditions if the proven acts of the licensee would be
grounds for denial of a license under this chapter, the IGRA, or the tribal-state compact
unless the commission has concurrence from the state gaming agency or NIGC. In the
conditions, The commission shall be the sole judge of the proof offered at a hearing.

(f) No later than thirty (30) days after the hearing, the tribal gaming commission
shall notify the licensee in writing as to Its decision and send a copy of the decision to
the NIGC and in the case of a Class II! gaming license to the state gaming agency. ‘The
revocation notice shall include the following information:

(1) The effective date of the revocation.
(2) The reason(s) forthe revocation.

(3) The right of the licensee to appeal the revocation decision to the tribal
court under the conditions set out in subsection (4) below within ten (10) days of
the licensee's receipt of the revocation decision. :

STC 11.5 Gaming Dec, 15, 2008



~ (2) The burden of proof is upon the tribe to establish the commission of
the infraction by a preponderance of the evidence.

(3) After consideration of the evidence and argument, the court shall
determine whether the Infraction was committed. Where it has not been
established that the infraction was committed, an order dismissing the-notice
shall be entered in the court’s records. Where it has been established that the
infraction was cominitted, an appropriate order shall be entered in the court's
records,

(4) An appeal from the court’s determination or order shall be to the
Suquamish Tribal Court of Appeals. The decision of the Suquamish Tribal Court
is subject only to discretionary review.

(c) A hearing held for the purpose of allowing a person to explain mitigating
circumstances surrounding the commission of an infraction shall be an informal
proceeding. The person may not subpoena witnesses. The determination-that an
infraction has been committed may not be contested at a hearing held for the purpose
of explaining mitigating circumstances.

(1) After the court-has heard the explanation of the circumstances
surrounding the commission of the infraction, an appropriate order-shall be
entered in the court's records.

(2) There may be no appeal from the court’s determination or order. (Res.
2008-201 (part), passed Dec. 15, 2008)

11.5.82, Order of Court. All orders entered by the court under this chapter are civil in
nature. The court may at its discretion waive, reduce, or suspend the fine. The court
may also order suspension or revocation of the violator’s privilege to gamble within the
jurisdiction of the tribe. (Res. 2008-201 (part), passed Dec. 15, 2008)

11,5.83. Other Offenses and Penalties. (a) Every other gaming activity relating to the
subject matter of this chapter held, conducted, or engaged in within the Port Madison
Reservation or Suquamish Indian lands which is contrary to the provisions of this
chapter is hereby prohibited and declared unlawful and a public nuisance. The
Suquamish Tribal Gaming Commission is authorized to apply to the tribal court for such
adjudicative, injunctive, or declaratory relief as shall be required to abate any public
nuisance under this section.

(b) Any person or entity violating any term or condition of any license issued
pursuant fo this chapter or any provision of a management contract Issued pursuant to
this chapter may be assessed a civil penalty by the tribal court under the procedures set
out in §§11.5.80-1 1.5.82 but only after the schedule of those penalties has been first
approved by the tribal council as set out in §11.5.79(a).

STC 11.5 Gaming Dec. 15, 2008


(1) Gaming operation license.

(2) Financier license.

(3) Primary management official license.
(4) High security license.

(5) Low security license.

(6) Facility license.

(7) Class Il gaming contractor's license.
(8) Class Ill gaming contractor’s license.

(9) Other licenses as necessary and appropriate. The commission shall

--= ~~ hot fequire or issue such “other licenses" except as In accordance with

regulations promulgated therefore pursuant to the provisions of this chapter.

(10) “Conditional” or “provisional” licenses to enrolled tribal members who
do not meet the state certification criteria in accordance with Section V(C)(6) of
---~ - the tribal-state gaming compact. The commission may notissue any other form
of “conditional” or “provisional” license excépt as in.accordance with defined
criteria.and standards set forth in regulations promulgated therefore pursuant to
the provisions of this chapter or asset out in §11.5.56(e)

' (f) Licenses shall indicate the type and class of license on the face of the license.
A combined Class | and Class III license may be issued If appropriate. (Res. 95-031
(part), passed Apr. 3, 1995; amended by Res, 2008-201 (part), passed Dec, 15, 2008)

14.5.42. License Fees: Application and Renewal Fees. (a) Any person or entity making
application for a tribal gaming license pursuant to this chapter shall submit his, her, or
its application, required forms and information, and an application fee, as established by
the tribal gaming commission pursuant to this chapter.

(b) A licensee shall, at least sixty (60) days prior to the expiration of his, her, or
its license, make application for renewal, as required by the tribal gaming commission,
and shall submit the application, required forms and information, and.a renewal fee
equivalent to one htindred percent (100%) of the then prevailing license fee.

(c) The tribal gaming commission may immediately issue a license if the

prospective employee has a current license or certification issued by the state:gaming
agency, if the state gaming agency certifies that the prospective employee isin good |

STC 14.5 Gaming Dec. 15, 2008



11,5.87. Tribal Sovereignty and Jurisdiction, The Suquarnish Indian Tribe, by
enactment of this chapter, intends to assert tribal sovereignty and jurisdiction on the

’ Port Madison Reservation and over all lands subject to its jurisdiction and to preempt

any civil regulatory power or law,.if any, of the State of Washington, subject to IGRA,
except as authorized under the tribal~state compact.

(a) Nothirig in this chapter shall be deemed to cofistitute a waiver of sovereign
immunity on the part of the Suquamish Tribal government, its agencies, or any entity
created by either as to any assets or property of any nature whatsoever or the
adjudication of any federal rights or immunities

(b) The Suquaimish Tribal Court shall have exclusive jurisdiction over any action
arising under this chapter, except to.the extent federal law or the tribal-state compact
provides otherwise.

(c) The Suquamish Tribal Court shall have-exclusive civil and criminal jurisdiction

--under the Suquamish Tribal Code with respect to Class Ii and Class Ill gaming

-violations.of this chapter perpetrated by Native Americans, —_ a

(d) The Suquamish Tribal Court shall have clvil Jurisdiction with respect to Class
{| and Class Ill _gaming violations perpetrated by any person. -Any person.who enters a
gambling facility within the Port Madison Reservation or is employed by the tribe, the
tribe’s enterprises, or the tribe’s boards and commissions is deemed to have consented
to the Jurisdiction of the tribal court to enforce the provisions of this chapter.

(e) With respect to Class I!l gaming violations, the tribal gaming commission may
also establish enforcement protocols with the State of Washington and other law
enforcement agencies In accordance with the tribal-state compact. Nothing in this
chapter shall be construed to authorize or require the criminal trial and punishment by
the tribe of non-lndians except to the extent allowed or required by any applicable
present or future act of Congress or any applicable federal court decision. (Res. 95-031
(part), passed Apr. 3, 1995; amended by Res. 2008-201 (part), passed Dec. 15, 2008)

11.5.88. Appeals. Any decision of the tribal gaming commission which Is not subject to
appeal under this chapter may be reviewed by the tribal court for the limited purpose of
establishing whether procedural due process was provided by the commission in the
decision for which remedy Is sought. The sole remedy available.in such a review
proceeding shall be an order of the court remanding the matter to the gaming
commission and directing the commission to comply with procedural due process
requirements of this chapter. (Res. 95-031 (part), passed Apr. 3, 1995; amended by
Res. 2008-201 (part), passed Dec. 15, 2008)

11.5.89. Nonpreemption of Federal Laws, Nothing herein shall be construed to
supersede or preempt the criminal laws of the United States of America, insofar-as sald
laws are found applicable to Indian gaming activities, (Res, 95-031 (part), passed Apr.
3, 1995)

sTc 141.5 Gaming Dec. 15, 2008



MAY-12-2009 15:32 SUQUAMISH TRIBE | 360 S98 4293 P.a2

SU QUAMISH TRIBAL GAMING COMMISSION

18460 Augusta Ave. ~ P.O. Box 527
Suquamish; WA 98392
James Armstrong, Executive Director’ 360-394-8652
Kipple toe, Executive Administrative Assistant 360-394-8652

May 12, 2009

Honorable Philip N, Hogen, Chairman.
National Indian Gaming Commission
1441 L Street, Suite 9100
Washington, DC: 20005

Attention: Antonia Z. Cowan, Esq.
VIA FACSIMILE: 202-632-7066
Dear Chairman Hogen: |

I am writing to you on behalf of the Suquamish Tribe to confirm that pursuant to Suquamish Tribal Code
Chapter 11.5.94, the Suquamish Tribal Gaming Commission has-designated the Chairman of the Suquamish
Tribe as the Tribe’s agent for scrvice-of process. This designation has remained unchanged -since 1995, The
address for service is:

Chairman, The Suquamish Tribal Council

Post Office Box498 |
Suquamish, WA 98392-0498
Phone (360) 698-3311

Fax (360) 598-6295

Sincerely,

ina Jackson; Chairman
The Suquamish Tribal Gaming Commission

Co: Leonard Forsman, Chairman, the Suquamish Tribal Council
James W. Armstrong, Director, the Suquaniish Tribal Gaming Commission
James R. Bellis, Director, Suquamish Tribe Legal Department

i .
MAY-12-2009 19:30- . 860 698 4293 98% : bor

\



(b) The primary management official shall furnish to the tribal council, the tribal
gaming commission, and the state complete information pertaining to any transfer of
controlling interest in the management company at least thirty (30) days before such
change or if the primary management official is not a-party to the transaction effecting
such change of ownership or interests, immediately upon acquiring knowledge of such
change or any contemplated change. (Res. 95-031 (part), passed Apr. 3, 1995)

11.5.76. Complaint Procedure. (a) The tribal gaming commission may receive a
complaint from a customer who claims to be adversely affected by an act or omission of
the enterprise which is asserted to violate this chapter, the tribal-state compact, or the
standards of management and operation adopted pursuant to this chapter. Prior to
lodging a complaint with the commission, the customer must exhaust the internal
complaint remedy procedures of the gaming operation.

(b) The gaming operation shall-post a notice in the gaming facility advising
customers .of Its.dispute resolution procedure and shall have complaint forms easily
accessible to its customers.

(c) A customer with a complaint shall complete a wiltten complaint form stating
the facts or circumstances of the-complaint with the tribal gaming operator and submit it
to the tribal gaming operator within four (4) days of the incident giving rise to the
complaint. The tribal gaming operator.shall immediately provide a copy of the complaint
form to the tribal. gaming commission and shall have seven (7) days to prepare.and
deliver its written response to the customer and tribal gaming commission. The tribal
gaming operator shall provide a copy of the customer's statement and its response to
the tribal gaming commission.

(d) In the event the customer is dissatisfied with the tribal gaming operator's
response, the customer may request a réview of the complaint by the tribal gaming
commission. The customer must make this request to the commission within seven (7)
days of receiving the tribal gaming operator's response.

(e) The.commission, through a commission inspector, shall review the complaint
and the tribal gaming operator's response. The inspector shall conduct whatever
investigation he/she deems necessaty, report his/her findings, and make a
fecommendation to the commission. The commission may set a hearing on the matter
or may make a decision based solely on’the commission inspector's recommendation
and the documentation provided by the parties. The commission, upon consideration of
the matter, shall Issue a written decision and mail it to the parties by registered mail or
certified mail, return receipt requested. The commission shail fully consider and
complete its final review of the dispute within twenty (20) days of receiving the
customer's request.

(f) Should the commission decide to hold a hearing, it shall provide written
notification of the date, time, and place for the hearing to thé customer and the tribal

STC 11.5 Gaming Dec. 15, 2008


{b) Such ownership, manufacture, possession, operation, or income is disclosed
to the tribal gaming commission. (Res, 95-031 (part), passed Apr. 3, 1995)

11.5.68. Rejection of License Application. The tribal gaming commission may reject an
application for either a Class 1I or Class Ill gaming contract license if the applicant has

not provided all the information requested in the application. (Res. 95-031 (part),
passed Apr. 3, 1995)

11.5.69. Criteria for Denial of Major or Sensitive Procurement Contract Application.

The tribal gaming commission shall deny a Class Il or Class Ill gaming contract
application for a major or sensitive procurement if the applicant or any owner, principal,
or key employee of the applicant:

(a) Has been convicted of a crime or is the subject of a civil judgment based
upon facts which constitute the elements of a crime desctibed in §11.5.49(g)(1-26).

(b) Has associated in a business relationship, whether as a partner, joint
_venturer, or employer, with any other person who has been convicted of one of the
crimes listed in '§11.5.49(g)(1-26).

(c) Was employed by any other person who has been convicted of one of the
crimes listed in §11.5.49(g)(1-26), if the applicant, owner, principal, or key employee
was in-any way involved In or aware of the criminal activity as it occurred. (Res, 95-031
{part}, passed Apr. 3, 1995)

11.5.70. Criteria for Denial of Minor Procurement Application. The tribal gaming
commission shall deny-a Class II or Class Ili gaming contract application for a minor

procurement if the applicant or any owner, principal, or key employee of the applicant:
(a) Has been convicted of a crime listed in §11.5.49(g)(1~26); or

(b) Is the subject of a civil judgment based upon facts which constitute the
elements of a crime listed in §11.5.49(g)(1~5). (Res. 95-031 (part), passed Apr. 3,
4995)

11.5.71. Contractor Report Requirements. (a) All licensed Class II gaming contractors
shall submit to the tribal gaming commission or the NIGC any financial and operating
date requested by the commission.

(b) All licensed Class III gaming contractors shall submit to the tribal gaming
commission and the state any financial and operating data requested by the tribal
gaming commission, the state, or their authorized agents.

(c) The tribal gaming commission may specify the frequency and a uniform
format for the submission of such data.

STC 11.5 Gaming Dec. 15, 2008


(c) The tribal gaming operator or any manager under contract to manage the
tribal Class III gaming facility may conduct any Class II] game which is legalized within
the State of Washington after the date of the compact then in effect or which becomes
permitted on Indian lands pursuant to federal law or federal regulation, through a
consensual lawsuit, or by court decision, provided that prior to commencing the play of
such games, the gaming operator complies with the terms of the tribal-state gaming
compact regulating the playing of new games. (Res. 95-031 (part), passed Apr. 3,
1995) ,

11.5.10. Unauthorized Gaming Prohibited. Gaming by any person, party, or other
entity on any jands subject to the jurisdiction of the Suquamish Indian Tribe except as
authorized pursuant to this chapter is prohibited and declared unlawful. (Res. 95-031
(part), passed Apr. 3, 1995)

11.5.11. Ownership of Gaming Operation. (a) The Suquamish Tribe shall have the sole
proprietary interest in and authority and responsibility for the conduct of any Class II
gaming operation authorized by this chapter.

_—.... (b) The Suquamish Tribe shall have the sole proprietary. interest in and
responsibility for the conduct of any Class Ill gaming conducted on Suquamish Indian
lands authorized by this chapter and the tribal—state gaming compact.

(c) Individually owned gaming operations are prohibited, except individually
owned Class I pull-tab operations and state lottery ticket sales outlets existing as of the
enactment date of this chapter are grandfathered under this provision.

(d) No license to own or operate any Class {I or Class III gaming shall be issued
to any person or entity other than the Suquamish Indian Tribe. (Res.-95-031 (part),
passed Apr. 3, 1995)

11.5.12. Management, Finance, and Construction Contracts. (a) The Suquamish Tribal
Council or its authorized agents shall have the authority to enter into construction,
consulting, or other contracts necessary to operate, build, and maintain Class II or Class
Ill gaming activities on Suquamish Indian lands, including the authority to enter
engineering, architectural, and environmental assessment agreements preliminary
thereto, provided all such contracts are in conformity with applicable tribal and federal
laws, rules, and regulations then in effect.

(b) The Suquamish Tribal Council or its authorized agents shall have the
authority to enter into finance contracts relating to Class I} or Class Ill gaming activities
on Suquamish Indian lands, provided no financing contract exceeding one million and
five hundred thousand dollars ($1.5 million) is valid to bind the Suquamish Tribe without
the prior approval of the tribal council.”

(c) The Suquamish Tribal Council or its authorized agents shall have the
authority to lease gaming equipment, provided such leases are in conformity with IGRA,

STC 11.5 Gaming Dec. 15, 2008


shall render a decision. Except as otherwise provided in this chapter, the decision of
the commission is final and not subject to judicial review.

(c) Any Suquamish Tribal member permanently and involuntarily barred from the
gaming facility may, after one year from the date of exclusion, petition the Suquamish
Tribal Council for readmittance to the facility on good cause shown. Good cause may
be demonstrated by evidence of rehabilitation and evidence that the offending behavior
is not likely to be repeated. The Suquamish Tribal Council shall have sole discretion to
grant, deny, or grant with conditions readmittance to the gaming facility. The decision of
the Suquamish Tribal Council is final and not subject to judicial review.

(d) Any patron who has requested a self-barring may, after one year from the
date of exclusion, petition the tribal gaming commission for readmittance to the facility
on good cause shown. Good cause may be demonstrated by evidence of rehabilitation
and evidence that the person requesting readmttance is aware of problem gambling’s
effects on the person and Is not likely to repeat the problem behavior. The tribal gaming
commission shall have sole discretion to grant, deny, or grant-with conditions
readmittance tothe gaming facility to a self-barred patron. The decision of the tribal
gaming.commission is final and not subject to appeal. Notwithstanding anything to the
contrary in this section, the tribal gaming commission shall only provide this opportunity
to a self-barred patron once and if the patron requests.a self-barring again, then that
patron may never again petition for readmittance to the facility.

(e) The tribal gaming commission shall establish a list of persons permanently
excluded from the gaming facility who pose a threat to the integrity of tribal gaming
activities:because of their criminal history or association with one or more career
offenders or career offender organizations.

(f) When the commission has determined that a person is permanently excluded
from the garning facility, that person’s name shall be reported to the tribal gaming
inspectors. Atleast quarterly, the tribal gaming commission shall send a copy of its list
of excluded persons to the Washington State Gambling Commission and its
enforcement agency, as well as to any other enforcement agency deemed appropriate
by the commission to receive such information.

(g) The commission or any of its gaming inspectors shall notify the person
permanently excluded of the commission’s decision in writing, either by personally
delivering the notice to the person or by mailing it by U.S. certified mail to the person’s
last known address.

(h) Except as authorized by §11.5.86(c) or §11.5.86(d), the tribal gaming
commission shall employ its best efforts to keep excluded persons from entering into
any Suquamish gaming facility. (Res. 95-031 (part), passed Apr..3, 1995; amended by
Res. 2008-201 (part), passed Dec. 15, 2008)

STC 11.5 Gaming Dec. 15, 2008


years, in order to achieve a staggered appointment schedule and to provide continuity
within the commission. The commissioners may be reappointed for one or more
successive terms. (Res. 95-031 (part), passed Apr. 3, 1995; amended by Res. 2005-
181 (part), passed Oct. 3, 2005)

11.5.17. Minimum Qualifications for Commissioners. (a) The gaming commissioners
shall possess and demonstrate as minimum qualifications:

(1) Knowledge of, experience in, or familiarity with business management;
or

(2) Knowledge of and experience in administration and administrative
procedure.

(b) The gaming commissioners shall also possess or express a willingness to
acquire: :

(1) Knowledge of and experience in the commercial gaming industry;
(2) Familiarity with IGRA;and

(3) Knowledge of and experience in law enforcement. (Res, 95-031 (part),
passed Apr. 3, 1995; amended by Res, 2005-181 (part), passed Oct. 3, 2005;
amended by Res. 2008-201 (part), passed Dec. 15, 2008)

11.5.18. Appointment of Commissioners. (a) Gaming commissioners shall be
appointed from among the tribe’s general council membership. At least one Suquamish
Tribal Council member shall be appointed to the gaming commission. The tribal council
may, at its option, appoint one non-member Indian or a non-Indian where such person
has demonstrated expertise in critical areas of gaming regulation or law enforcement.
The gaming commission shall insure that commissioners who are tribal members are
trained to assume full responsibility to regulate the tribal gaming facility as soon as
practicable.

(b) No person shall be appointed to the gaming commission unless the tribal
council is satisfied that such nominee:

(1) ls a person of good character, honesty, and integrity, whose prior
activities, criminal record, if any, reputation, habits, and associations do not pose
a threat to the public interest of the tribe, to its members, or to the effective
regulation of gaming, or create or enhance the dangers of unsuitable, unfair, or
illegal practices, methods, and activities in the conduct of gaming or the carrying
on of the business and financial arrangements incidental thereto; and

STC 11.5 Gaming Dec. 15, 2008


Resolution #94-172
Page 2

CERTIFICATION

The foregoing resolution was duly enacted by the Suquamish Tribal Council,

meeting on this < day of Deveather , 1994, by a vote of b FOR,
© AGAINST, © ABSTENTIONS, at which a quorum was present.

BY: ATTEST:

Le Iption Lr (enh, an
Lyig/Emerson Gegrge 7 Leonard -A. Forsman

Tribal Chairperso: Secretary

(A= Go Pf. Co
Date Mailed to BIA Initial



(b) An application submitted for a tribal gaming license by.an Indian from a
federally recognized Indian tribe shall not be denied, suspended, or revoked on the
grounds that such. Indian has been charged or convicted under any state law of
nongambling related offenses if the charge or conviction occurred prior to the United
States Supreme Court rulings upholding state jurisdiction over Indians for such offenses
as but not limited to:

(1) Hunting or fishing offenses;
(2) Cigarette sales offenses; or
(3) Alcohol sales offenses.

----(¢) An Indian froma federally recognized Indian tribe who has been charged or
convicted in cases involving the exercise of nongambling related trust or treaty rights
shall not be barred as a result of such activities from obtaining a tribal gaming license in
the-absence of other violations, activities, or factors which would warrant denial,
suspension, or revocation. (Res. 95-031 (part), passed Apr. 3, 1995)

11.5.53. Denial Final. Denial of a license by the tribal gaming commission is final.
(Res. 95-031 (part), passed Apr. 3, 1995; amended by Res. 2008-201 (part), passed
Dec. 15, 2008)

11,5.54. Procedures for Forwarding Applications and Reports of Class Il Gaming

License Investigations to the National Indian Gaming Commission. (a) Within sixty (60)
days after a primary management official, high security employee, or low security
employee begins working at a tribal Class II gaming facility, the tribal gaming
commission shall forward to the NIGC a completed application for licensing, conduct a
background investigation, and make the determination referred to in §11.5.49,

(b) No key employee, primary management official, high security employee, or
low security employee may be employed at the tribal Class I! gaming facility for longer
than ninety (90) days without the necessary and applicable license.

(c) The tribal gaming commission shall prepare and forward to the NIGC an
investigative report on each Class If gaming license application background
investigation it conducts. The investigative report shall include-all of the following:

(1) Steps taken in conducting a background investigation;
(2) Results obtained;
(3) Conclusions reached; and

(4) The bases for such conclusions.

STC 11.5 Gaming Dec, 15, 2008



(c) No person who is a director or equivalent position in any department of a
Class II or Class Jif gaming facility, who is employed in the compliance department of a i
Class Il or Class Ill gaming facility, or who is employed as part of the executive
management of a Class II or Class If! gaming facility (which for these purposes shall be i
the chief executive officer, chief financial officer, Class Il or Class IIt gaming facility
general manager or assistant general manager, and comptroller), whether orva full-time, i
part-time, or contract basis, may play any games conducted in any gaming facility. All
other employees of any gaming facility while not.on'the clock and while out of uniform
may play any garnes that are not part of their department. By special exception to this
section, poker employees while off the clock may participate in a Class II or Class III
poker game and while on the clock may participate in a Class II or Class Ill poker game
as.a “proposition player” using their own'money for wagering. A proposition player
participates in a poker game at the request of a customer in order to facilitate or to keep
the game in play.

(d) No ‘political appointee of the gaming operation shall be excluded from Class Il
oa or Class Ill gaming unless otherwise prohibited by this chapter. (Res. 95-031 (part),
-— passed Apr.-3,-1995; amended by Res. 96-006 (part), passed Jan. 16,.1996; amended |
=_-+..._by-Res. 96-063.(part), passed Jul. 1, 1996; amended by Res. 97-021, passed Feb. 24, f

4997; amended by Res. 2000-026, passed Jun. 19, 2000; amended by Res. 2008-201
(part), passed Dec. 15, 2008)

414.5.36. Prohibitionon Firearms. No person shall possess firearms within any Class II
or Class lll gaming facllity, except as provided in this section. The tribal gaming
commission shall place @ notice of this prohibition near the entrance to each gaming
facility. This prohibition does not.apply to lawfully commissioned tribal. gaming
inspectors; to authorized agents or officers of the tribal law enforcement agency or the
state gaming agency; or to authorized agents or officers of federal, state, or local law
enforcement agencies authorized by law or by a cooperative, mutual aid, cross-
deputization agreement or memorandum of understanding entered into with the tribe.
(Res. 95-034 (part), passed Apr. 3, 1995; amended by Res. 2008-201 (part), passed
Dec. 15,2008)

41.5.37. Bona Fide Employees. All persons involved in the conduct of Class II or Class
lil gaming must be bona fide employees of the tribal garning operator. (Res. 96-034
(part), passed Apr. 3, 1995)

11.5.38. {déntification Tags. All persons‘ assisting in, operating, or conducting any
Class tI or Glass fl] game shall wear in plain view and affixed to their uniforms a legible
identification tag.issued. by the tribal gaming commission. The.tag shall include the
person's photograph, first name, an identification number unique to the individual's tribal
gaming license, a tribal seal or'signature, and a date of expiration. (Res. 95-034 (part),
passed Apr. 3, 1995;:amended by Res. 2008-201 (part), passed Dec. 15, 2008)

11.5.39. Prizes: Taxing and Reporting to the Internal Revenue Service. The provisions

of the United States Internal Revenue Code concerning the taxation and reporting of

STC 11.5 Gaming Dec, 15, 2008


| COPY

THE SUQUAMISH TRIBE
PORT MADISON INDIAN RESERVATION
“ RESOLUTION #94-172

~ WHEREAS, the Suquamish Tribal Councll is the duly constituted governing body
of the Port Madison Indian Reservation by authority of the Constitution and Bylaws for the
Suquamish Tribe of the Port Madison Indian Reservation, Suquamish, Washington, as
approved July 2, 1965, by the Under-Secretary of the Interior, and,

WHEREAS, under the Constitution and Bylaws of the Tribe, the Suquamish Tribal
Counoll is charged with the duty of protecting the health, security, and general welfare of
the Suquamish Tribe and all Reservation residents; and,

WHEREAS, the Suquamish Tribe, asa federally recognized Indian Tribe; and,

: - --WHEREAS, the-Indian Regulatory Gaming Act provides that Indian Tribes have
». the. right-to-operate Class- Il] casino style gaming facilities, however, the Tribe must
negotiate a Compact with the State in which the Tribe is located for the regulation of such
activities prior to commencing operation of any gaming:actlvities; and,

WHEREAS, the Suquamish Tribe’s General Council determined that it Is In the
best Interest of the Tribe to operate a Class III gaming facility of the reservation and
diracted its Tribal Councit to negotiate a Compact with the State of Washington; and,

WHEREAS, the Suquamish Tribal Council has negotiated a Compact with the
State of Washington, such Compact is in its final draft form and has been reviewed by
all Tribal Council members; and,

WHEREAS, the Suquamish Tribal Council has fully discussed the terms of the final
draft Compact and finds the terms:as negotiated to. be acceptable and finds the Compact
meats the needs and requirements of the General Councl!'s directive;

NOW, THEREFORE, BE IT RESOLVED THAT THE SUQUAMISH TRIBAL
COUNCIL: :

1. Approves and accepts the final draft Compact presented to the Council; and,

2. Directs arid authorizes the Tribal ‘Council Chairman and his delegates to
take whatever steps are necessary to finalize and execute the Compact on behalf of the
Suquamish Tribe.



(j) It shall be.a civil offense for any person to claim, collect, or take or attempt to
claim, collect, or take money or anything of value in or froma gambling game with intent
to defraud without having made a wager thereon or to claim, collect, or take an amount
greater than the amount won,

(k) It shall be a civil offense for any person to knowingly entice or induce another
to go’to any place where a gambling game is being conducted or operated in violation of
the provisions of this chapter or the tribal-state gaming compact with the.intent that the
other person play or participate in that gambling game.

(l) It shall be a civil offense for any person to place or increase a bet after
acquiring Knowledge of the outcome of the game or other event which is the subject of
the bet, including past-posting-and pressing-bets. -- - - -

{m) It shall be a civil offense for any person to reduce the amount. wagered or
cancel the bet after acquiring knowledge of the outcome of the game or other event
which Is the subject of the bet, including pinching bets. :

_--.-(n) It shall_be.a civil offense for any person knowingly to use other than coins.or ____

tokens approved by the tribal gaming commission of other lawful coin or legal tender of
the United States of America or to use coin not.of the same denomination as the coin
intended to bé Used in the gambling game.

(o) It shall be a civil offense for any person to engage in any act, practice, or
operation or possess any device while participating if a gaming activity with the Intent of
cheating any other participant or any operator in order to gain an advantage In the game
over.any other participant or-any operator. For the purposes of this chapter, the word
“cheat” means to alter the selection of criteria which determines the result of a gaming
activity or the. amount or frequency of payment in such gaming activities.

(p) It shall be.a civil offense for any person to induce any person having a direct
or indirect financial interest in a management contract, a person having management
responsiblity for a management contract; or their agents to significantly and unduly
influence the adoptlon of an ordinance or resolution regarding Class II or Class Ill
gaming.

(q) Except as authorized by this chapter,.the- rules and regulations adopted
pursuant to this chapter, IGRA, and in the case of Class III gaming activities, the tribal~
state gaming compact, it shall be a civil offense for any person to-give, provide, or offer
to give or provide directly or indirectly any compensation, reward, .or share of money or
property paid or received through gambling activities in consideration for obtaining any
license, authorization, permission, or privilege to participate in any gaming operations to
any of the following persons: tribal council member, tribal gaming commission member
‘or employée, primary management official, key employee, high security employee, low
security employee, contractor, person with a direct or indirect interest in the operation of

sTc 11.5 Gaming Dee, 15, 2008



(3) Interviews with a sufficient number of knowiedgeable people such as
former employers, personal references, and others to whom reference Is made in
order to provide a basis for the commission to make a finding concerning an
applicant's eligibility for a license inthe gaming operation; and

(4) Documentation of the disposition of all potential problem areas shall be
noted and disqualifying information will be obtained.

(f) The tribal gaming commission shall review-and approve the investigative work
done. ‘If the tribal gaming commission determines that the licensing of the applicant
poses a threat fo the public interest or to the effective regulation of gaming-or creates or
enhances the dangers of unsuitable, unfair, or illegal practices, methods, and activities
in the-conduct of-gaming, the tribal gaming commission shall not license.that applicant
in a key employee, high security employee, or primary management official position.

(g) The tribal gaming commission shall deny a gaming license to any prospective
=  . key.employee,-high security employee, or primary management official who has

--- - committed any of-the following crimes under-the law of any jurisdiction or who Is the
=i.....Subject.of.a.civil judgment in any jurisdiction that is-based upon facts which constitute

{he elements of any of the following crimes:
(1) Aggravated murder; murder in the first degree;
(2) Assault in the firstor second degree;
(3) Kidnapping in the first degree;
(4) Rape in the first degree;
(5) Sodomy in the first or second degree;
(6) Unlawful sexual penetration in'the first degree;
(7) Sexual abuse in the first. or second degree;
(8) Any crime related to child pornography;
(9) Forgery in the first degree;
(10) Possession of a forgery device;
(11) Unlawful factoring of a credit card. transaction;
(12) Falsifying business records;

(13) Sports bribery or receiving a-sports bribe;

sTc 11.5 Gaming Dec. 15, 2008



41.5.63. Background Investigation during Employment. The tribal gaming commission
may request the state to conduct additional background investigations of any gaming

employee at any time during the term of employment. The commission shall request
the state to advise the commission of any facts which would cause the revocation of a
license and dismissal of any employee under the criteria established in.§11.5.49 and to
furnish the commission with copies of all relevant information supporting such facts.
The tribal gaming commission shall review the state’s report and supporting materials
and revoke the employee's license if the report presents facts establishing that the tribal
gaming commission would have been required to deny a license to thatemployee under
the provisions of §11.5.49 if the Information had been known. (Res. 95-031 (part),
passed Apr, 3, 1995; amended by Res. 2008-201 (part), passed Dec. 15, 2008)

11.5.64. Procedural Manual. The tribal gaming operator shall maintain a procedural
manual.for.employees that Includes rules and regulations of conduct; provides
disciplinary standards for breach of procedures; and prohibits violation of the tribal—-state
compact and applicable federal or tribal law. (Res. 95-031 (part), passed Apr. 3, 1995;
amended by Res. 2008-201 (part), passed Dec. 15, 2008)

11.5.65. Contracts with Manufacturers and Suppliets. (a) The primary management
officials shall contract in writing with any manufacturers and suppliers of goods and
services related to the play of any Class Ii or Class II! game before offering such game
to the public-for play.

(b) The tribal gaming commission may require that Class I! and Class III gaming
contractors be subject to a background investigation by the tribal gaming commission
before any contracts for goods and services are executed. The tribal gaming
commission shall submit any proposed Class IIl gaming contract to the state for a
background investigation of the contract licensee applicant in accordance with the terms
of the tribal-state compact.

(c) All Class Il and Class Ill gaming contract applicants and any principal, owner,
or key employee of a gaming contract applicant shall provide all personal and business
information required by the tribal gaming commission and/or the state to conduct the
background investigation.

(a) Primary management officials shall not enter into any Class Il gaming
contract if the license applicant does not provide the tribal gaming commission or the
NIGC with access to the its business and financial records.

(e) Primary management officials shall not enter into any Class Ill gaming
contract if the license applicant does not provide the tribal gaming commission, the
state, or the NIGC access to the contractor's business and financial records.

(f) If a Class Ill gaming contract license applicant is currently licensed or certified
hy the state gaming agency to supply goods or services to any other tribe in the state,

sTC 11,5 Gaming Dec. 15, 2008


standing, and If the employee consents to disclosure of his, her, or its records to the
tribal gaming commission.

(d) The tribal gaming commission shall have the authority to establish the license
application fees provided in this section by regulation. The basis for any such license
Tee shall reflect the costs incurred by the tribal gaming commission associated with the
issuance of gaming licenses, including background checks,

(e) The tribal gaming commission shall be authorized to collect payment for
license fees by lump sum payment, monthly payment plan, payroll deduction, or by any

other means deemed appropriate by the commission. (Res. 95-031 (part), passed Apr.
3, 1995)

11.5.43.. Duration and Renewal of Tribal Gaming License. (a) Each tribal gaming
license shall be effective for one (1) year from the date of issuance.

-(b) A licensed employee of entity who has timely applied for renewal of the
license may continue to be employed under the expired tribal gaming license until the
tribal gaming commission takes action on the renewal application.

(c) Applicants seeking renewal of a gaming license shall provide information
updating originally submitted information on the appropriate renewal forms. Applicants
shall not be required to resubmit historical data already available to the tribal gaming
commission.

(d) Additional background investigation by the tribal gaming commission shall not
be required unless the commission discovers hew information concerning the
applicant's continuing suitability or eligibility for a tribal gaming license.

(e) In the event the commission denies a renewal application, the commission
shall notify the applicant in writing of the denial determination and forward a copy of the
denial to the NIGC and, for Class III gaming license renewal denials, to the state
gaming agency in accordance with the tribal-state gaming compact. (Res. 95-031
(part), passed Apr. 3, 1995; amended by Res. 2008-201 (part), passed Dec. 15, 2008)

11.5.44, Privacy Act Notice on Application Forms. (a) The following notice shall be
placed on the application form provided to any applicant for a key employee, high
security employee, or primary management official position:

In compliance with the Privacy Act of 1974, the following information is
provided: Solicitation of the information on this form is authorized by the
Indian Gaming Regulatory Act, 25 USC 2701 et seq. The purpose of the
requested information is to determine the eligibility of individuals to be
employed in a gaming operation. The information will be used by National
Indian Gaming Commission members and staff who have a need for the
information in the performance of their official duties. The information may

STC 11.5 Gaming Dec. 15, 2008


(ij) “Prize” means any United States currency, cash, or other property or thing of
value awarded to or received by a player or players as a result of their participation in a
gaming activity.

(kk) “Pull-tabs” means factory-covered tickets which are purchased and opened
by customers and which reveal a predetermined winning arrangement.

(ll) “Punchboard” means a small board which has many holes, each filled with a
rolled up, printed slip to be punched out upon payment of a player fee in an effort to
obtain a slip that entitles the player to a predesignated prize.

(mm) “Regular bingo card” means a paper card or board issued to a person ora
game card generated by and appearing on the screen of a computer employed by the
gaming facility and assigned to a player which, upon payment of an admission fee,
affords the person an.opportunity to participate in all regular bingo games played at a
bingo occasion.

(nn) “Secretary” means the Secretary_.of the United States Department of the
Interior.

(00) “Sensitive procurement” means any procurement action or contract for
goods or services, other than a major procurement, that may either directly or indirectly
affect the integrity, security, honesty, and fairness of the operation and administration of
Class I! or Class Ill gaming. A typical example of this class of procurement is the
acquisition of security systems required to protect the security and integrity of Class I! or
Class Ill gaming.

(pp) “Special bingo card” means a disposable, specially marked bingo card or a
game card generated by and appearing on the screen of a computer employed by the
gaming facility and assigned to a player which affords a person the opportunity to
participate in a special bingo game for special prizes.

(qq) “Special bingo game” means any bingo game which is not a regular bingo
game and which is played with special bingo cards whether or not for special prizes.

(rr) “State” means the State of Washington.
(ss) “State gaming agency” means the Washington State Gambling Commission.

(it) “Tribal council’ or “Suquamish Tribal Council” means the governing body of
the Suquamish Tribe as set forth in the Suquamish Tribe’s Constitution and Bylaws.

(uu) “Tribal court” means the Suquamish Tribal Court.

STC. 11.5 Gaming : Dec. 15, 2008


Class II or Class II] gaming, or person who licenses, regulates, or enforces laws related
to gaming activities on Suquamish Indian lands.

(r) It shall be a civil offense for any person to knowingly cause, aid, abet, or
conspire with another to cause any person to violate any provision of this chapter, any
rules or regulations adopted by the tribal gaming commission, or in the case of Class |II
gaming, any provision of the tribal-state gaming compact.

(s) It shall be a civil offense for any person, in violation of this chapter, to engage
in, be employed in, manage, or operate any professional gambling activity In concert
with any number of persons or for any wager amounts.

(t) For the purposes of this chapter, the word“proféssional gambling” means
engaging in conduct which materially aids any other form of gaming activity; knowingly
accepting or receiving money or other property pursuant to an agreement or
understanding with any other person whereby he or she participates in or is to
participate in:the-proceeds of the gaming activity; engaging in bookmaking, conductirig
a Jottery, or acting in any manner to create or establish a particular game, contest,
scheme,.or device; engaging in any activity to acquire or maintain premises,
paraphernalia, equipment, or apparatus for the purpose of soliciting or inducing persons
to participate in the playing of a game, contest, scheme, or device; or arranging any of
the financial or recording phases of the operation of such game, contest, scheme, or
device. This definition includes any person who has substantial proprietary or other
authoritative control over any premises and knowingly permits the premises to be used
for the purpose of conducting gambling activities not authorized by this chapter arid
makes no effort to prevent their occurrence or continuation. (Res. 95-031 (part), passed
Apr. 3, 1995; amended by Res. 2008-201 (part), passed Dec. 15,2008)

11.5.79. Civil Fines and Penalties, (a) Any person who violates any provision of this
chapter or any rule or regulation promulgated hereunder shall be guilty of a civil offense
punishable by a fine not to exceed five thousand dollars ($5,000) for each violation or
for each day the violation continues. Before the tribal gaming commission may issue
any civil gaming Infraction or corresponding fine, it must first establish a schedule of
fines for each civil gaming infraction set out in §11.5.78 and §11.5.88 and must have the
schedule approved via resolution by the Suquamish Tribal Council.

(b) Any non-indian who violates a provision of this chapter may also be excluded
from Indian lands within the jurisdiction of the Suquamish Indian Tribe.

{c) Any property, equipment, material, or supplies used in the commission of a
violation of a provision of this chapter may be seized by the tribal gaming commission or
its agents. The owner of the property shall be afforded an opportunity to object and be
heard in accordance with the principles of due process. If no objection is raised or the
objection is not sustained, the seized property shall be forfeited to the Suquamish Tribe.

sTc 11.5 Gaming Dec. 15, 2008


(6) A statement that at any hearing to contest the determination the tribe
has the burden of proving by a preponderance of the. evidence that the infraction
was committed and that the person may subpoena witnesses, including the
officer who issued the notice of infraction.

(7) A statement that at any hearing requested for the purpose of
explaining mitigating circumstances surrounding the commission of the infraction
the person will be deemed to have committed the infraction and may not
subpoena witnesses.

(8) A statement that the person must respond to the notice as provided in
this chapter within fifteen (15) days or the person’s privilege to gamble or to hold
a gaming license within the exterior boundaries of the Port Madison Reservation
may be suspended or révoked.

(9) A statement that failure to appear.at a hearing requested for the

-purpose of contesting the determination or for the purpose of explaining

mitigating. circumstances may result in the suspension or revocation of the
person's privilege to hold a gaming license or to gamble within the exterior
boundaries of the Port Madison Reservation.

(10) A statement that failure to respond to a notice of civil gaming
infraction and/or the nonpayment of a fine may result in the person's case being
sent to a collection agency and/or the loss of any gaming license issued by the
gaming commission.

(11) A statement, which the person shall sign, that the person promises to ©
respond to the notice of infraction in one of the ways provided in this chapter. If
the person refuses to.sign the infraction, the officer shall write “refused” in place
of the person's signature. A person who refuses to sign a citation Is presumed to
have notice of its contents.

(e) Any person who receives a notice of civil gaming infraction shall respond to

such notice as provided in this subsection within fifteen (15) days of the date of the

notice.

STC

(1) If the person determined to have committed the infraction does not
contest the determination, the person shall respond by completing the
appropriate portion of the notice of infraction and submitting it, either by mail or in
person, to the Suquamish Tribal Court. A check or money order in the amount of
the penalty prescribed for the infraction must be submitted with the response.
When a response which does not contest the determination is received, an
appropriate order shall be entered in the court's records, and a copy of the order
shall be-mailed to the person who committed the infraction at the address listed
on the citation.

11.5 Gaming Dec. 15, 2008


the provisions of this chapter, and any other applicable tribal and federat laws, rules,
and regulations then in effect.

(d) The Suquamish Tribal Council or its authorized agents may enter Into a !
contract with an individual manager or managers or with a management company for H
the operation-and management of Class I! or Class Ill gaming.activities. Each such
contract must comply with IGRA, the provisions of this.chapter, and other applicable

provisions of tribal and federal law, rules, and regulations then in effect. (Res. 95-031
(part), passed Apr. 3, 1995) i

11.5.13. Net Revenue Tax. There shall be a tribal tax upon the net revenue of any
Class II or Glass Ill gaming activity within the jurisdiction of the tribe, In an amount to be
determined by the tribal-council. The tribal tax shall be assessed and paid monthly into
the Suquamish Indian Tribe general fund. Net revenues, for the purposes of this
section, shall mean gross gaming revenues less amounts paid out.as.or paid for prizes
and total-gaming-related operating expenses, excluding any management contract fees.
Thettribal council may reduce or walve such tax as Is necessary fo promote economle

--- .—development-on-the Port Madison Reservation, (Res. 95-031 (part), passed Apr. 3,
1995; amended by Res. 2008-021 (part), passed Dec. 15, 2008)

11.5.14. Use of Gaming Revenue. Net revenues from Class |] and Class. Il gaming
shall be used only for the following purposes:

(a) To fund tribal government operations, programs, or businesses;
(b) To provide for the general welfare of the tribe and its members;
(c) To promote tribal economic development;

(d) To donate to charitable and/or nonprofit organizations; and

(e) To fund, in whole or In part; operations of local government agencies affected
by gaming activities. (Res. 95-031 (part), passed Apr. 3, 1995)

11,5.16. Suquamish Gaming Commission - Establishment, The Suquamish Tribal
Council is authorized to establish a. Suquamish Tribal Gaming Commission ahd to

designate five (5) members to be Its commissioners. The gaming commission shall i
exercise all powers necessary and proper to administer this chapter and regulations i
promulgated thereunder. (Res. 95-031 (part), passed Apr. 3, 1995; amended by Res.
2005-181 (part), passed Oct. 3, 2005; amended by Res. 2008-021 (part), passed Dec.
15, 2008)

41.5.16. Terms for Commissioners. Appointment of commissioners shall be for a
period of three (3) years, except that of the initial commissioners, one commissioner
stiall be appointed for one year, one for two years, and one for three years, and of the
two commissioners added in 2005, one shall be appointed for one year and one for two

STC : 411.5 Gaming Dec, 15, 2008