NOOKSACK INDIAN TRIBE

P.O. Box 157 Deming, WA 98244

Phone: (206) 592-5176 FAX: (206) 592-5721

RESOLUTION #93-97

SUBJECT: AMENDMENT TO NTCL

TITLE 56, THE GAMING ORDINANCE

OF THE NOOKSACK INDIAN TRIBE

RESOLUTION NO. 93-~7OF THE NOOKSACK TRIBAL COUNCIL

WHEREAS, the Nooksack Tribal Council is the duly elected governing body of the

Nooksack Tribe; and

WHEREAS, the Nooksack Tribal Council has the power and authority to establish

tribal organizations and promulgate ordinances under Article VI, Sections 1(f) and (h) of the

Constitution of the Nooksack Indian Tribe; and

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

Tribe and will be economically beneficial for the Tribe to amend Title 56 of the Nooksack Tribal

Code of Laws, the Gaming Ordinance of the Nooksack Indian Tribe to make it more

comprehensive, and

WHEREAS, the Tribal Council submitted an amended ordinance pursuant to

Resolution No. 93-37 to the National Indian Gaming Commission (NTGC) for approval, and the

NIGC requested additional changes to the proposed ordinance, and

WHEREAS, the Tribal Council should rescind Resolution 93-37 and should approve

the amendment to Title 56 of the Nooksack Tribal Code of Laws, as attached to this resolution;

and

WHEREAS, the Tribal Council desires the National Indian Gaming Commission to

approve the amended ordinance as being in compliance with the Indian Gaming Regulatory Act,

Public Law 100-497.

NOW, THEREFORE BE IT RESOLVED, that the Nooksack Tribal Council

_~I hereby rescinds Resolution 93-37, and amends Title 56 of the Nooksack Tribal Code of Laws,

entitled the Gaming Ordinance of the Nooksack Indian Tribe to read in its entirety as attached to

< this Resolution, and requests that the Chairman, National Indian Gaming Commission, or the

Chairmans designee, approve the Gaming Ordinance as amended.

(DII

~ Resolution 93- 2717

~ Subject: Amendment to NTCL Title 56,

The Gaming Ordiance of the Nooksack

Indian Tribe
p

CERTIFICATION

The above resolution was adopted at a ______________ meeting of the Nooksaçk

Tribal Cojincil at which a quorum was present on ~b , J993 by a vote of t

FOR, ~ AGAINST, and p5 ABSTENTIONS.

~J~2~ ~~3~a~c

hUBERT WILLIAMS LILA ZAPAT~iV /

Tribal Chairman Tribal Secretary

Resolution 93

Subject: Amendment to NTCL Title 56,

The Gaming Ordiance of the Nooksack

Indian Tribe
TITLE 56

GAMING ORDINANCE OF THE NOOKSACK INDIAN TRIBE

56.01 TITLE AND PURPOSE

56.01.010 TITLE:

This Ordinance shall be known as the Nooksack Gaming Ordinance.

56.01.020 PURPOSE AND AUTHORIZATION:

This is an Ordinance governing the Conduct and Regulations of

Gaming Activities on the Nooksack Indian Reservation and other

tribally-owned land, and to authorize those classes of gaming

activities as defined in the Indian Gaming Regulatory Act, P.L. 100-

447, 25 U.S.C. § 2703 (IGRA) and by the regulations promulgated by

the National Indian Gaming Commission at 25 C.F.R. § 502 (as

published in the Federal Register at 57 FR 12382-12393, April 9,

1992).

56.01.030 POLICY:

The Nooksack Tribe declares that the raising of funds for the

promotion of bona fide charitable or non-profit organizations

and/or Tribal governmental and social programs is in the Tribal and

public, interest as is participation in such activities hereinafter

authorized.

The Nooksack Tribe further declares that the exercise of Tribal

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.

Any ambiguity in this Ordinance or any rules or regulations shall be

resolved so as to be consistent with the Indian Gaming Regulatory

Act, 25 U.S.C. § 2701, ~and other applicable federal law.

56.02 DEFINITIONS

56.02.010 CLASS I GAMING:

Games include social or traditional games played for minimum prize

value and which are engaged in as part of Nooksack Tribal

ceremonies or celebrations, or those of its members.

56.02.020 CLASS II GAMING:

Games include bingo, and, if played in the same location, pull-tabs,

lotto, punch boards, tip jars, instant bingo and other games similar to

bingo; card games either authorized by the laws of the State of

Washington or are not prohibited by the laws of the State of

Washington.

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56.02.030 CLASS III GAMING:

Games include all gaming which is not Class I or Class II defined

herein. Such gaming must be operated pursuant to a compact

between the Nooksack Indian Tribe and the State of Washington,

which is negotiated under Public Law 100-497 and which compact is

approved by the Secretary of the Interior.

56.02.040 NATIONAL INDIAN GAMING COMMISSION:

The federal commission established pursuant to Public Law 100-497.

56.02.050 NOOKSACK GAMING COMMISSION:

The Commission established by this title herein, which shall have

such power as established herein or adopted by the Commission not

in derogation of this title.

56.02.060 NOOKSACK GAMING AGENTS:

The Gaming Agents are enforcement officers hired by the

Commission, and who are authorized by the Nooksack Tribal Council

to enforce the provisions of this Ordinance and the Tribal/State

Gaming Compact, including the right to detain and/or arrest

individuals. The Gaming Agents are the only persons authorized to

carry and/or display badges as tribal gaming enforcement agents on

Nooksack Tribal Lands. The Gaming Agents, under the Director of

the Nooksack Gaming Commission, shall oversee and monitor the

day-to-day operations of any tribal gaming facility.

56.02.070 NET REVENUES:

Net revenues means gross revenues of a gaming activity less

amounts paid out as, or paid for, prizes and total operating expenses,

including reimbursement to the State of Washington for its incurred

expenses under the approved Tribal/State Gaming Compact,

excluding management contract fees.

56.03 .& ADMINISTRATION

OF GAMING OPERATION

56.03.010 JURISDICTION:

The Nooksack Indian Tribe shall have exclusive jurisdiction in

Class I, Class II, and Class III Gaming activities, subject to any

limitation thereof pursuant to Public Law 100-497, and as

hereinafter amended.

56.03.020 ADMINISTRATION, MANAGEMENT AND OPERATION

OF GAMING:

The Nooksack Indian Tribe is empowered to administer this

Ordinance, including general control, management and supervision

of all herein authorized activities and properties, both real and

personal, and to exercise all of the powers necessary and proper to

accomplish all of the purposes of this Ordinance and as further

hereinafter set forth and may do the following illustrative acts and

things for, and on behalf of, and in the names of, the Nooksack

Indian Tribe:

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a) to adopt and enforce appropriate rules and regulations for the

purpose of carrying into effect the purposes and provisions of

this Ordinance and the Indian Gaming Regulatory Act and the

performance of its functions, including enforcement

provisions and penalties;

b) collecting, auditing, issuing andfor establishing and collecting

fees, licenses, taxes and permits; and,

c) purchasing, leasing, warehousing and selling bingo, punch

board and pull-tab devices and other equipment for permissible

gaming hereunder.

56.03.030 SELF-REGULATION:

During any year in which the Nooksack Tribe has a certificate for

self-regulation from the National Indian Gaming Commission, as

provided in 25 U.S.C. § 2701(c) of the Indian Gaming Regulation Act

of 1988,

a) the Tribe shall not be subject to the provisions of paragraphs

(1), (2), (3) and (4), Section 7(b) of the Act; and,

b) the Tribe shall continue to submit an annual independent audit

as required by subsection (b)(2)(C) of 25 U.S.C. § 2701 and shall

submit to the National Commission a complete resume on all

employees hired and licensed by the Tribe subsequent to the

issuance of a certificate of self-regulation.

56.03.040 REVOCATION OF CLASS III GAMING:

The Nooksack Tribe, in its sole discretion, may, either by ordinance

or resolution, revoke any authorization for Class III gaming.

56.04 NOOKSACK GAMING COMMISSION

56.04.010 ESTABLISHMENT AND POWERS OF COMMISSION:

The Nooksack Tribal Council is hereby authorized to designate three

(3) members as the Nooksack Gaming Commission (hereinafter

Commission) which is empowered to administer this Ordinance and

to exercise all the powers necessary and proper as set forth in this

Ordinance. It shall be the responsibility of this Commission to

promulgate regulations necessary to administer this Ordinance and

the performance of its functions, including enforcement provisions

and penalties. The Commission, in order to accomplish the following

illustrative acts and things for, and on behalf of, and in the name of,

the Nooksack Indian Tribe may, where it deems appropriate:

a) Adopt and enforce appropriate rules and regulations as

heretofore stated;

b) Execute contract and inter-local agreements, papers and

documents in the name of the Commission; and shall honor

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related contracts heretofore entered into by the Nooksack

Tribal Council.

c) Performing all matters and things directly or indirectly

necessary to conduct its business and carry out its duties and

functions.

d) To establish and operate, or authorize a Nooksack tribal

government agency and/or a tribally-chartered corporation

wholly owned by the tribe to establish and operate, all Class 1,

Class II, and Class III gaming activities on lands subject to the

jurisdiction of the Nooksack Indian Tribe; provided, however,

the Tribe, or a tribally-chartered corporation wholly owned by

the Tribe, shall have sole proprietary interest and

responsibility for the conduct of any gaming activity;

e) Paying all customs, duties, excises, charges, and obligations

whatsoever related to the business of the Commission.

f) Performing all other duties related to the conduct and operation

of the powers and duties authorized by this Ordinance.

g) Establishing a system which adequately checks the background

of the primary management officials and key employees of the

gaming enterprise, and that oversight of said individuals and

their management is conducted on an ongoing basis; and

provides for verification of background check results by the

Chairman of the National Indian Gaming Commission before

any licenses are issued, for Class II & III Gaming. This system

shall include:

i) tribal licenses for primary management officials and key

employees of the gaming enterprise with prompt

notification to the National Indian Gaming Commission of

the issuance of such licenses;

ii) a standard whereby any person whose prior activities,

criminal record, if any, or reputation, habits and

associations pose a threat to the public interest or to the

effective regulation of gaming, or create or enhance the

dangers of unsuitable, unfair, or illegal practices and

methods and activities in the conduct of gaming shall not

be eligible for employment; and,

iii) notification by the Indian tribe to the National Indian

Gaming Commission of the results of such background

check before the issuance of any such licenses.

56.04.020 LICENSES FOR KEY EMPLOYEES AND PRIMARY

MANAGEMENT OFFICIALS:

The Commission shall ensure that the policies and procedures set out

in this section are implemented with respect to key employees and

primary management officials employed at any Class II and/or

Class III gaming enterprise operated on tribal lands:

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a) Definitions

For the purposes of this section, the following definitions apply:

i) Key employee means

A) A person who performs one or more of the following

functions:

1) Bingo caller;

2) Counting room supervisor

3) Chief of security;

4) Custodian of gaming supplies or cash;

5) Floor manager;

6) Pit boss;

7) Dealer;

8) Croupier;

9) Approver of credit; or

10) Custodian of gambling devices including persons

with access to cash and accounting records

within such devices;

B) If not otherwise included, any other person whose

total cash compensation is in excess of $50,000 per

year; or

C) If not otherwise included, the four most highly

compensated persons in the gaming operation.

ii) Primary management official means

A) The person having management responsibility for a

management contract;

B) Any person who has authority to:

1) hire and fire employees; or

2) set up working policy for the gaming operation;

or

C) The chief financial officer or other person who has

financial management responsibility.

b) Application Forms

i) The following notice shall be placed on the application

form for a key employee or a primary management official

before that form is filled out by an applicant:

In compliance with the Privacy Act of 1974, the

following information is provided: solicitation of

the information on this form is authorized by 25

Page 5
U.S.C. § 2701 ~ 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

need for the information in the performance of

their official duties. The information may 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 a tribes being unable to hire you in a primary

management official or key employee position.

The disclosure of your Social Security Number

(SSN) is voluntary. However, failure to supply a

SSN may result in errors in processing your

application.

ii) Existing key employees and primary management officials

shall be notified in writing, that they shall either:

A) Complete a new application form that contains a

Privacy Act notice; or

B) Sign a statement that contains the Privacy Act notice

and consent to the routine uses described in that

notice.

iii) The following notice shall be placed on the application

form for a key employee or a primary official before that

form is filled out by an applicant:

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.

(U.S. Code, Title 18, Section 1001.)

iv) The Commission shall notify, in writing, existing key

employees and primary management officials that they

shall either:

A) Complete a new application form that contains a

notice regarding false statements; or

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B) Sign a statement that contains the notice regarding

false statements.

c) Background Investigations

i) The Commission shall request from each primary

management official and from each key employee all of

the following information:

A) Full name, other names used (oral or written), social

security number(s), birth date, place of birth,

citizenship, gender, all languages (spoken or

written);

B) Currently and for the previous 5 years: business and

employment positions held, ownership interests in

those businesses, business and residence addresses,

and drivers license number(s);

C) The names and current addresses of at least three

personal references, including one personal

reference who was acquainted with the applicant

during each period of residence listed under

paragraph (i)(B) of this section;

D) Current business and residence telephone numbers;

E) A description of any existing and previous business

relationships with Indian tribes, including

ownership interests in those businesses;

F) A description of any existing and previous business

relationships with the gaming industry generally,

including ownership interests in those businesses;

G) The name and address of any licensing or regulatory

agency with which the person has filed an

application for a license or permit related to gaming,

whether or not such license or permit was granted;

H) For each felony for which there is an ongoing

prosecution or a conviction, the charge, the name and

address of the court involved, and the date and

disposition if any;

I) For each misdemeanor conviction or ongoing

misdemeanor prosecution (excluding minor traffic

violations), within 10 years of the date of the

application, the name and address of the court

involved and the date and disposition;

J) For each criminal charge (excluding minor traffic

charges), whether or not there is a conviction, if

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such criminal charge is within 10 years of the date of

the application and is not otherwise listed pursuant to

paragraph (i)(H) or (i)(1) of this section, the criminal

charge, the name and address of the court involved

and the date and disposition;

K) The name and address of any licensing or regulatory

agency with which the person has filed an

application for an occupational license or permit,

whether or not such license or permit was granted;

L) A current photograph;

M) Any other information the Tribe deems relevant; and

N) Fingerprints consistent with procedures adopted by

the Tribe according to 25 C.F.R. § 522.2(h).

ii) The Commission shall conduct an investigation sufficient

to make a determination under subsection (d) below. In

conducting a background investigation, the Commission or

its agent shall promise to keep confidential the identity of

each person interviewed in the course of the

investigation.

d) Eligibility Determination

The Commission shall review a persons prior activities,

criminal record, if any, and reputation, habits and associations

to make a finding concerning the eligibility of a key employee

or primary management official for employment in a gaming

operation. If the Tribe determines that employment of the

person poses a threat to the public interest or to the effective

regulation of gaming, or creates or enhances dangers of

unsuitable, unfair, or illegal practices and methods and

activities in the conduct of gaming, a tribal gaming operation

shall not employ that person in a key employee or primary

management official position.

e) Procedures for Forwarding Applications and Reports for Key

Employees and Primary Management Officials to the National

Indian Gaming Commission

i) When a key employee or primary management official

begin work at a gaming operation authorized by this

ordinance, the Commission shall forward to the National

Indian Gaming Commission a completed application for

employment and conduct the background investigation

and make the determination referred to in subsection (d)

of this section.

ii) The Commission shall forward the report referred to in

subsection (f) of this section to the National Indian Gaming

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Commission within 60 days after an employee begins work

or within 60 days of the approval of this ordinance by the

Chairman of the National Indian Gaming Commission.

iii) The gaming operation shall not employ as a key employee

or primary management official a person who does not

have a license after 90 days.

f) Report to the National Indian Gaming Commission

i) Pursuant to the procedures set out in subsection (e) of this

section, the Commission shall prepare and forward to the

National Indian Gaming Commission an investigative

report on each background investigation. An investiga

tive report shall include all of the following:

A) Steps taken in conducting a background investiga

tion;

B) Results obtained;

C) Conclusions reached; and

D) The bases for those conclusions.

ii) The Commission shall submit, with the report, a copy of the

eligibility determination made under subsection (d) of this

section.

iii) If a license is not issued to an applicant, the Commission:

A) Shall notify the National Indian Gaming Commission;

and

B) May forward copies of its eligibility determination

and investigative report (if any) to the National

Indian Gaming Commission for inclusion in the

Indian Gaming Individuals Records System.

iv) With respect to key employees and primary management

officials, the Commission shall retain applications for

employment and reports (if any) of background

investigations for inspection by the Chairman of the

National Indian Gaming Commission or his or her designee

for no less than three (3) years from the date of

termination of employment.

g) Granting a Gaming License

i) If, within a thirty (30) day period after the National Indian

Gaming Commission receives a report, the National Indian

Gaming Commission notifies the tribe that it has no

objection to the issuance of a license pursuant to a license

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application filed by a key employee or a primary

management official for whom the tribe has provided an

application and investigative report to the National Indian

Gaming Commission, the Commission may issue a license to

such applicant.

ii) The Commission shall respond to a request for additional

information from the Chairman of the National Indian

Gaming Commission concerning a key employee or a

primary management official who is the subject of a

report. Such a request shall suspend the thirty (30) day

period under paragraph (g)(i) of this section until the

Chairman of the National Indian Gaming Commission

receives the additional information.

iii) If, within the thirty (30) day period described above, the

National Indian Gaming Commission provides the

Commission with a statement itemizing objections to the

issuance of a license to a key employee or to a primary

management official for whom the Commission has

provided an application and investigative report to the

National Indian Gaming Commission, the Commission shall

reconsider the application, taking into account the

objections itemized by the National Indian Gaming

Commission. The Tribe shall make the final decision

whether to issue a license to such applicant.

h) License Suspension

i) If, after the issuance of a gaming license, the Commission

receives from the National Indian Gaming Commission

reliable information indicating that a key employee or a

primary management official is not eligible for

employment under subsection (d) above, the Commission

shall suspend such license and shall notify, in writing, the

licensee of the suspension and the proposed revocation.

ii) The Commission shall notify the licensee of a time and a

place for a hearing on the proposed revocation of a

license.

iii) After a revocation hearing, the Commission shall decide to

revoke or to reinstate a gaming license. The Commission

shall notify the National Gaming Commission of its

decision.

56.04.030 LICENSE OF GAMING FACILITY/LOCATION

The Commission shall issue a separate license to each place, facility,

or location on Indian lands where Class II gaming is conducted

under this ordinance.

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56.04.040 MEMBERSHIP OF COMMISSION:

The Council shall appoint a Chairman, Vice-Chairman and SecretaryTreasurer, as members of the Commission. For the first appointment,

the Council shall appoint the Chairman for a term of three (3) years;

shall appoint the Vice-Chairman for a term of two (2) years; and

shall appoint the Secretary-Treasurer for a term of one (1) year.

Thereafter, all appointments shall be for a three (3) year term.

56.04.050 CONFLICT OF INTEREST:

No employee of any Tribal Class I, II or III gaming operation as

defined in IGRA or any non-Tribal gaming operation may be a

Commissioner or employee of the Commission. In case of a vacancy

it shall be filled by the appointment of the Council for the unexpired

term. In order to avoid an appearance of impropriety or conflict of

interest, the Commissioners and enforcement agents are prohibited

from participating in any Class II or Class HI gaming on the

Reservation, or consume alcohol in the tribal gaming facility.

56.04.060 QUALIFICATIONS:

No person may be a Commissioner unless they are a duly enrolled

member of the Nooksack Tribe and twenty-one (21) years of age. The

Council may require, in order that a person be considered for

appointment, that such person submit to a background investigation.

56.04.070 REMOVAL:

Any Commissioner may be removed for any of the following:

a) the arrest and/or conviction of any crime;

b) inefficiency;

c) malfeasance and/or misfeasance in office; or

d) improper conduct while on official business or in the tribal

gaming facility.

The process of removal is commenced when specific written charges

are filed by the Executive Director of the Tribe with the Secretary of

the Council. The Council shall hear the matter at a public or closed

hearing and adjudicate the charges at a time set in their discretion;

as well as prescribe the procedure for the hearing. The decision of

the Council shall be final and non-appealable. Removal of any

Commissioner by the Council shall disqualify such Commissioner for

reappointment.

56.05 REVENUE

56.05.010 NET REVENUE ALLOCATION:

All revenue and funds collected by the tribal gaming

operation/facility are the property of the Nooksack Indian Tribe.

The management of the tribal gaming facility shall monthly account

for the same to the Nooksack Tribal Council and pay the sum of the

net revenues, less the agreed management fee, directly to the

Nooksack Tribal Council. The Nooksack Tribal Council shall pay to

the Nooksack Gaming Commission, the appropriation to the

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Commission for the use by the Commission to pay its necessary

expenses for its operations as provided in a budget approved by the

Nooksack Tribal Council. However, the net revenues from any tribal

gaming are not to be used for purposes other than the following:

a) to fund tribal government operations or programs;

b) to provide for the general welfare of the Indian Tribe and its

members;

c) to promote tribal economic development;

d) to donate to charitable organizations; or

e) to help fund operations of local government agencies.

56.05.020 AUDITS:

The Commission shall cause yearly independent audits to be

conducted of all gaming activities in Class II and Class III Gaming,

and said audits shall be provided to the Chairman of the National

Indian Gaming Commission. The Commission shall also cause

independent audits of all contracts over $25,000 annually (except

accounting or legal services) related to Class II and Class III Gaming.

56.06 PROHIBITIONS

56.06.010 TRIBAL LANDS:

Gaming on any lands subject to the jurisdiction of the Nooksack

Indian Tribe by any person, party, or other entity is hereby

prohibited and declared unlawful except as authorized pursuant to

this Ordinance.

56.06.020 TRIBAL SOVEREIGNTY AND JURISDICTION:

It is the intent of this Ordinance to exert Tribal Sovereignty and

jurisdiction on the Nooksack Indian Reservation and lands subject to

its jurisdiction and to pre-empt any civil regulatory power or law, if

any, of the State of Washington, subject to Public Law 100-497.

56.06.030 NON PRE-EMPTION OF FEDERAL LAWS:

Nothing herein shall be construed to supersede or pre-empt the

criminal laws of the United States of America, insofar as said laws are

found applicable to gaming activities.

56.06.040 NO WAIVER OF IMMUNITY:

Nothing in this Ordinance shall be deemed to constitute a waiver of

immunity on the part of the Nooksack tribal government,

corporation, 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.

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56.07 CIVIL REMEDY/ENFORCEMENT/APPEAL

56.07.010 EXCLUSIVE JURISDICTION:

The Nooksack Tribal Court shall have exclusive jurisdiction over the

enforcement of this Ordinance brought by the Tribe, except to the

extent federal law provides otherwise.

56.07.020 ENFORCEMENT:

Every such activity relating to the subject matter of this Ordinance,

held and/or conducted or engaged in within the Nooksack

Reservation or on lands subject to the Tribes jurisdiction which is

contrary to the provisions of this Ordinance is hereby prohibited

and declared to be unlawful and a public nuisance, the remedy to

which shall be an injunction and/or abatement and/or civil fine(s)

not to exceed $5,000.00 per day, per violation, and/or cancellation of

any license or permit issued to or relating thereto, or all, except

where authorized by the Nooksack Gaming Commission.

56.07.030 FINES AS LIENS:

Fines may be established as liens upon specifically described

property involved in a violation of this Ordinance, by order of the

tribal court. In the case of real property, such order shall be filed

for record notice with the Whatcom County Auditor. Liens on

personal property shall be filed with Washingtons Secretary of

State. Upon twenty (20) days written notice served, or fifty (50)

days notice by publication, with opportunity to request a hearing

on the maker no later 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 Nooksack Tribe.

56.07.040 APPEALS:

Any person or entity may appeal a final order of the tribal court, as

provided in The Nooksack Tribal Code of Laws.

56.07.050 REMOVAL OF PERSONS FROM FACILITY:

Any Gaming Agent of the Nooksack Gaming Commission shall have

the power and authority to cause the removal and exclusion of any

person from the Nooksack River Casino, and surrounding parking

lot for a period of twenty-four (24) hours, who, in the sole discretion

of the Gaming Agent, is causing a disturbance, acting inappro

priately, or is, in any other way, interfering with the orderly

conduct of ordinary business within the facility and the surround

ing parking lots.

56.07.060 EXCLUSION OF PERSONS FROM FACILITY:

The Nooksack Gaming Commission shall have the power and

authority to permanently exclude any person from the Nooksack

River Casino, who has caused a serious or repeated disturbance,

inappropriate actions, or in any other way, has interfered with the

orderly conduct of ordinary business within the facility.

a) The request for permanent exclusion of a person may be

brought only by the Director of the Nooksack Gaming

Page 13
Commission before a properly convened meeting of the

Commissioners. The Commissioners may consider the Directors

request in an open or closed meeting, and may or may not, at

their complete discretion, allow the person subject to the

request, to attend the meeting of the Commissioners. Except as

herein otherwise provided, the decision of the Commissioners is

final, and not subject to review.

b) When the Nooksack Gaming Commission has determined a

person is permanently excluded from the facility, that persons

named shall be reported to the Tribal gaming enforcement

agents; Washington State Gambling Commission, and its

enforcement agents; and the Whatcom County Sheriffs Office.

c) The Nooksack Gaming Commission, or any of its agents, shall

notify the person permanently excluded of the Commissions

decision in writing, either by personally delivering the notice

by handing it to the person, or mailing it by certified mail to

the persons last known address.

d) Should the person, who has been permanently excluded from

the facility, be a member of the Nooksack Tribe, that person

may request that the Nooksack Tribal Council review the

decision of the Nooksack Gaming Commission, and make its own

independent determination. The determination of the Tribal

Council shall be final, and not subject to review.

56.08 MISCELLANEOUS

56.08.010 SEVERABILITY/CONSTRUCTION:

If any clause, part, or section of this Act shall be adjudged invalid,

such judgment shall not affect or invalidate the remainder of this

Ordinance, but shall be confined to its operation to the clause, part,

or section, directly involved in the controversy in which such

judgment is rendered. If the operation of any clause, part or section

of this Act shall be held to impair the obligation of a contract or to

deny any person any right secured to him by the Tribal or United

States Constitution, it is hereby declared that had the invalidity of

such clause, part or section been considered at the time of the

enactment of this Act, the remainder of the Act would nevertheless

have been adopted without such and any all such invalid clauses,

parts, or sections.

56.08.020 CONTRACTUAL OBLIGATIONS:

Nothing in this Ordinance shall impair or affect the authority of the

Commission and/or Tribal Council in any manner whatsoever to

fulfill its complete contractual obligations related to any subject

matter herein.

56.08.030 AMENDMENT:

All provisions of this Ordinance are subject to amendment by the

Nooksack Tribal Council. All regulations promulgated by the

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Commission are subject to proper revision, repeal, or amendment by

the Commission.

56.08.040 ENVIRONMENTAL AND SAFETY REGULATIONS:

The construction, maintenance, and operation of any Class 11 and III

Gaming facility shall be in a manner that adequately protects the

environment and the public health and safety.

56.08.050 EFFECTIVE DATE:

This Ordinance shall become effective in accordance with the

provisions of the Constitution of the Nooksack Indian Tribe.

56.09 REVOCATION OF PRIOR ORDINANCE

56.09.010 REVOCATION:

All Ordinances of the Nooksack Indian Tribe regulating, authorizing,

controlling and/or prohibiting the conduct of gaming activities

heretofore enacted or now in effect are hereby repealed and of no

further force and effect.

Enacted: Res. 85-13 04/23/85

Amended: Res. 91-29 05/24/91

Res. 92-51 09/08/92

Res. 93-37 07/20/93 (Rescinded)

Res. 93-47 10/26/93

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