acrime, or engaged in any activity, which the Gaming Comunission, in its sole discretion, deems
would render such person a danger to the safety or integrity of the Gaming Activities or the safety
or property of the Tribe, any tribal member, gaming emptoyee, patron or the public,

10.5.3 Facility Licenses. Any tribal gaming facility shall be inspected, ticensed,
certified and monitored under the provisions of this Gaming Act, IGRA, and the Compact.

10.5.4 Vendor Licenses. Vendors, suppliers, and other entities doing business
with the gaming enterprise shall be required to obtain a license from the Gaming Commission
under the process established in the Sauk-Suiattle Gaming License Regulations ani Background
Investigation Procedures, Vendor licenses shalt meet all requirements of tribal and Federal laws
and regulations end the Compact.

10.6 Licenge Renewal. All Class A and Ciass B licenses shall be subject to renewal at
least every two years, and more frequently if so required by the Gaming Commission, other
applicable law, or the Compact. Such licenses may be revoked or suspended upon the
occurrence af any act which, if known during the application process, would have tended to
disqualify such person for such a license.

10.7 ‘Temporary Licenses. Pending completion of an investigation for a license,
temporary licenses of no more than nincty (90) days duration may be issued by the Gaming
Commission if, in its sole discretion, it deems it appropriate to do so, Such licenses shall permit
the licensee to engage in such sotivities and pursuant to such terms and conditions as may be
specified by the Gaming Commission. Such temporary licenses shalt expire ninety (90) days
from date of issuance, upon issuance of a regular license, or until an established expiration date,
whichever occurs first.

10.8 License Investigations, The Gaming Commission may emptoy all reasonable
means, including engaging outside services and investigatora, and convening hearings, to acquire
the information necessary to determine whether oc not a license should be issued. Applicants
shalt also agree to release alt information necessary in order for the Gaming Commission to
echieve its goals under this section and to furnish such information to the Gaming Commission,
the NIGC or other federal agency, or such other agency as may be required by law or the

Compact.

10.9 License Fees. Unless specifically waived in advance by the Gaming Commission,
all persons apptying for a class A or B license shall be required to pay alt applicable ticense fees
and costs when due, including a reasonsbte deposit far costs incurred in obtnining information in
connection with the license application. Estimates of licensing costs shall be provided to
applicants within a reasonable period of time after a request is made, Unless otherwise provided
for in advance, all fees and costs must be received by the Gaming Commission prior to issuance
of the license.

€2-1\dewk-pasatede Gaming aat.o2 -12-


‘Commissioners’, ‘Commission’, or ‘Gaming Commission’, which shall mean the Sauk-Suiattle
Office of Gaming Commissioner, established and described herein.”; and

BE IT FURTHER RESOLVED, that Tribal Council hereby amends The Sauk-Suiattle Gaming
Act Section 2.5 to read in its entirety “‘Gaming Commission’ or ‘Tribal Gaming Agency’ shall
mean the Sauk-Suiattle Office of the Gaming Commissioner as established herein under tribal
law and designated responsibility for carrying out the Tribe’s regulatory responsibilities under
IGRA, this Gaming Act, and the Gaming Compact.”; and

BE IT FURTHER RESOLVED, that Tribal Council hereby amends The Sauk-Suiattle Gaming
Act Section 4 to be titled Office of Gaming Commissioner; and

BE IT FURTHER RESOLVED, that Tribal Council hereby amends The Sauk-Suiattle Gaming
Act Section 4.1 to read in its entirety “Establishment of Gaming Commission. There is
established by the Tribe hereby an Office of the Gaming Commissioner, to be composed of one
commissioner, acting under the authority of the Tribe, to be known as the Sauk-Suiattle Gaming
Commissioner. The Gaming Commissioner shall be a member of the Tribe, appointed by the
Sauk-Suiattle Tribal Council. Gaming Commissioners must meet the qualifications established
under this Gaming Act and by any Gaming Compact adopted by the Tribe.”; and

BE IT FURTHER RESOLVED, that Tribal Council hereby amends The Sauk-Suiattle Gaming
Act Section 4.3 to read in its entirety “Terms of Office. The Commissioner shall serve for a three
(3) year term.”; and

BE IT FURTHER RESOLVED, that Tribal Council hereby removes and reserves The Sauk-
Suiattle Gaming Act Sections 4.5, 4.6, and 4.7; and

BE IT FURTHER RESOLVED, that Tribal Council hereby amends The Sauk-Suiattle Gaming
Act Section 4.8 to read in its entirety “Notice of Proposed Regulations. In adopting, amending or
repealing any regulations under this code, the Gaming Commissioner shall give a minimum of
five (5) days notice of proposed regulations changes to all key employees, primary management
officials, and the chairman of the Sauk-Suiattle Indian Tribe.”; and

BE IT FURTHER RESOLVED, that Tribal Council hereby amends The Sauk-Suiattle Gaming
Act Section 4.9 to read in its entirety “Compensation for Serving: Fringe Benefits. The Gaming
Commissioner shall be paid a salary set by the Sauk-Suiattle Tribal Council, provided that the
salary shall not be decreased while the Gaming Commissioner remains in office. The Gaming
Commissioner shall have the same eligibility for fringe benefits as a full-time employee of the
Sauk-Suiattle Indian Tribe.”; and

BE IT FURTHER RESOLVED, that the Sauk-Suiattle Tribal Council does not waive, alter, or
otherwise diminish its sovereign immunity, whether express or implied, by virtue of the
enactment of this resolution or any administrative or legal action which may arise directly or
indirectly from the same, nor does the Sauk-Suiattle Tribal Council waive, alter, or otherwise
diminish any rights, privileges, remedies, or services guaranteed by the Point Elliot Treaty; now

BE IT FINALLY RESOLVED, that the Sauk-Suiattle Tribal Council authorizes the Tribal
Council Chairman to sign all documents on behalf of the Sauk-Suiattle Tribe and in his absence,
the Vice-Chairperson of the Sauk-Suiattle Tribal Council is authorized to sign all documents.

Page 3 of 4 Res# 05/08/2019 Amendments to the Sauk-Suiattle Gaming Act


11.2.2 Sign a statement thal cantains the Privacy Act notice and consent to the
routine uses described in that notice, and sign a statement that contains the notice regarding false
statements,

Section 12. Class IIT Gamingt: Tribal-State Compacts.

In addition to the provisions set forth above, no class ITI gaming shall be engaged in on
Tribal Lands unless a Gaming Compact has first been obtained in accordance with the IGRA.
Al! negotiations for such compacts shall be conducted through the Chairperson of the Tribe, with
the advice and suggestion of the Gaming Commission, and shall be finalized only upon the
majority vote of the tribal membership after consideration of the terms of such Gaming Compact.
In the event the Tribe approves a Gaming Compact, the provisions of such Gaming Compact,
once approved under IGRA, shall govern over the provisions herelo, to the extent the Gaming
Compact is inconsistent herewith.

Section 13. Interest is Management Contracts by Tribal Officials.

No elected official of the Tribe, including the Gaming Commission or any other
committee or agency of the Tribe, shail have a financial interest in or management responsibility
for, any management agreement entered into pursuant to IGRA, nor shall such elected official
serve on the board of directors or hold (directly or indirectly) ten percent (10%) or more of the
issued and outstanding stock of any corporation, or 10% or more of the beneficial interest in any
partnership, trust, or other entity, in any such corporation, partnership, trust or other entity,
having a financial interest in, or management responsibility for, such contract.

Section 14. Service of Process.

‘The ‘Tribe designates as its agent for the service of any official determination, order, or
notice of violation, the Chairperson of the Tribe.

Section 15. Tribal Gaming Corporation.

Nothing in this Gaming Act shall prevent tbe Tribe from delegating the authority to
Conduct gaming to one or more tribal corporations, so long as the tribal gaming enterprises to
which such authority is delegated agree to meet all requirements established under this Gaming
Act.

02-2\ Sent -Sulezcle Gaming Acx OD 16-


45° Reserved

46 Reserved -

47° Reserved

48 Notice of Proposed Regulations. In adopting, amending or repealing any regulations
under this code, the Gaming Commissioner shall give a miriimum of five (5) days notice of
proposed regulations changes to all key employees, primary management officials, and the
chairman of the Sauk-Suiattle Indian Tribe.

49  Compecnsstion-for- Serving; Fringe Benefits: oe
The Gaming Commissioner shall be paid a salary set by the Sauk-Suiattle Tribal Council, provided that the
salary shall not be decreased while the Gaming Commissioner remains in office. The Gaming
Commissioner shall have the same eligibility for fringe benefits as a full time employee of the Sauk-Suiattle
Indian Tribe. - :

4.10 Powers and Duties.

The Gaming Commission shall have the power, duty, and primary responsibility to carry
out the Tribe’s regulatory responsibilities under federal os tribal law and the Compact; to enforce
those requirements; and to protect the integrity of the gaming activities and the reputation of the
Tribe and the gaming operation for honesty, fairness, and confidence of patrons, under provisions
to include the following:

82-2 gaut-Gulaccle Gualag Aec.02 « 35S


Qamicg Ordsrante

oe VAD SURV PELE IDE eb te
: DMS Chie! Brown Lane
Prarvingcon, WA. 93824 {

360-436-013)
“The Root-Digging _ 360-435-836
People’ FAX 360-436-1511

RESOLUTION 11/290/99
BE IT RESOLVED BY THE SAUK TRIBAL COUNCIL
OF THE SAUK-SUIATILE INDIAN TRIBE OF THE STATE OF WASHINGTON

WHEREAS, the Sauk-Suiattle Tribel Council is the governing body of the Sauk-Suinttle Indian
Tribe by the authority of its Constitution and By-Laws as approved by theSecretary of the
Interior on September 17, 1975; and with the Indian Reorganization Act of June 18, 1934; and

WHEREAS, the Sauk-Suiattle Council is a duly elected governing body of the Sauk-Suiattle
Indian Tribe; and

WHEREAS, the Sank-Suiattle Tribal Council is charged with the responsibility for the
protection of the health, safety, and welfare of the members of the Sauk-Suisttle Indian Tribe;
and ee
WHEREAS, the Sauk Suiattle Tribal Council, at a duly constituted meeting held on November
19, 1999, considered the attached Sauk-Suiattle Gaming Act prepared in compliance with the
Indian Gaming Regulatory Act of 1998; and

WHEREAS, the Trital Council has determined that the best interest and welfare of the Thibe
would be served by adopting the said Gaming Act end hereby approves its adoption.

NOW THEREFORE BE IT RESOLVED, that the Sauk-Suiattle Tribal Council hereby adopts
the Sauk-Suiattle Gaming Act and directs the Tribe's Gaming Commission to sesk approval for
such from the National Indian Gaming Commission.

BE IT FURTHER RESOLVED, that the Sauk Suiattle Tribal Council authorizes the Tribal
Council to sign all documents on behalf of the Sauk-Suiattle Indian Tribe and in his absence, the
Vice-Chairperson of the Sauk-Suiatile Tribal Council is authorized to sign all documents,

CERTIFICATION

Tribal Council Member



CERTIFICATION

The above resolution was duly approved by the Sauk-Suiattle Tribal Council in a regular meeting
conducted May 10, 2019 at which time a quorum was present.

Resolution passed without objection
Chairman abstained

ayes Gp Bh He~

pthia Harris, Secretary

Page 4 of 4 Res# 05/08/2019 Amendments to the Sauk-Suiattle Gaming Act


Section 3. Ownership of Gaming.

The Tribe shall have the sole proprietary interest in and responsibility for the conduct of
any gaming operation authorized by this Gaming Act, except to the extent the Tribe may contract
with and license a person or entity to own, operate or manage the enterprise pursuant to the
provisions of IGRA or as otherwise permitted by law.

Section 4 . Office of the Gaming Commisioner.

41 Establishment of Office.of Gaming Commissioner. There is established by
the Tribe hereby an Office of the Gaming Commissioner, to be composed of one commissioner
actingunder the authority of the Tribe, to be known as the Sauk-Suiattle Gaming Commissioner.
‘The Gaming Commissioner shall be a member of the Tribe, appointed by the Sauk-Suiattle
Tribal Council,Gaming Commissioners must meet thequalifications established under this
Gaming Act and anyGaming Compact adopted by the Tribe.

42 — Discualificstions fix Office The following persons may not serve as
Commissioners:
42.1 Persons employed in or in connection with the management, supervision,
or conduct of any Gaming Activity om Tribal Lands,

422 Persons related to any gaming contractor (including any principal thereof
or closely associated independent contractor);

4.23 Persons who would not be eligible to be officers of the Tribe pursuant to
the Tribe's Asticles and By-Laws;
4.24 Unless specifically provided herein, Council members of the Tribe

are not eligible to serve as the Gaming Commissioner during their term.
43  Texms of Office. The Cdmmissioner shall serve fora three (3) year term.

44 Removal from Office. Commissioners may only be removed from office before
the expiration of their terms by the Tribal Council for neglect of duty, malfeasance ar other good
cause shown. The procedure for removing a Commissioner shall be the same as for removing an
Officer of the Tribe,

09-1\Souk-Pulacele Genivg Act.02 -4-


4 \ONAL 'No,

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September 3, 2019

Benjamin Joseph, Chairman
Sauk-Suiattle Indian Tribe
5318 Chief Brown Lane
Darrington, WA 98241

Re: Sauk-Suiattle Gaming Act Amendments, Resolution No. 05/08/2019

Dear Chairman Joseph:

This letter serves to inform you that the Sauk-Suiattle Gaming Act Amendments,
enacted via Resolution No. 05/08/2019 by the Tribal Council of the Sauk-Suiattle Indian
Tribe, and received by the NIGC on May 29, 2019, is approved by operation of law.

Pursuant to the Indian Gaming Regulatory Act of 1988, the NIGC Chair has 90
days from the date of submission to either approve or disapprove a gaming ordinance.!
Any ordinance not acted upon at the end of the 90-day period is considered to have been
approved by the Chair, but only to the extent it is consistent with the provisions of
IGRA.? Because the NIGC Chair is currently vacant, no action was taken by an NIGC
Chair within the 90-day period. Therefore, the Band’s ordinance is considered approved
to the extent that it is consistent with IGRA.

It is the opinion of the Office of General Counsel that the ordinance as amended is
not consistent with NIGC regulations. Specifically, the amendments do not comply with
the background and licensing regulations found at 25 C.F.R. parts 556 and 558. These
parts were amended in 2013 and part 556 was amended again in 2015.> Both parts require
that any ordinance amendments passed after February 25, 2013, must include
amendments to comply with the current background and licensing regulations.‘

Because the background and licensing sections comprise a substantial portion of
the Tribe’s ordinance, we strongly recommend the Tribe make additional amendments to
bring it into compliance.

'25 ULS.C. § 2710(e).
21d.

3 78 FR 5279, Jan. 25, 2013, as amended at 80 FR 31994
*25 C.F.R. §§ 556.8 and 558.6.

NEW MAILING ADDRESS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Street NW, Mail Stop # 1621 Washington, DC 20240 Tel: 202.632.7003 Fax: 202.632.7066

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


4.10.18 Cary out any requirements under tribal or federal law or the Compact far
the protection of the health and safety of gaming facility patrons, guests, and employces,
including requirements that gaming facilities meet building and safety codes duly adopted by the
Tribe.

4.10.19 Caryoutsuch other duties with respect lo Gaming Activities on Tribal
Lands as this Gaming Act, IGRA, or the Compact shall direct.

4.11 Annual Reports. On or before February 15 of each year, the Gaming Commission
shal} provide to the Tribal Council an Anmal Report summarizing its activities during the prior
twelve (12) month period ending on December 31, and accounting for revenues, receipts and
disbursemeats. The Tribal Council shall cause copies of the Annual Report to be made available
to the tribal membership within thirty (30) days after receipt.

Section 5. Permitted Gaming Activities.

5.1 _ Unmtborized Gaming Probibited. All gaming activities on Tribal Lands (whether
class I, II or Il) are prohibited except as expressly authorized under this Gaming Act.

5.1.1 Class] Gaming, Class | gaming activities are hereby permitted to the
extent consistent with tribal custom and practice. The Gaming Commission may prohibit and
Prevent any conduct which is claimed to be class I gaming if the Tribe finds thet such conduct is
not in accordance with tribal customs or practices or violates IGRA or other applicable Jaw.

5.1.2 Class J end Class 0 Gaming. Class I and class [I gaming on Tribal
Lands is hereby authorized, provided the Tribe has the sole proprietary interest in and
responsibility for the conduct of any gaming enterprise, or to the extent the Tribe may contract
with and license a person of entity to own, operats or manage tbe enterprise pursuant to the
provisions of IGRA or as otherwise permitted by law. Nothing herein shall probibit the Tribe
from engaging the services of non-tribal peseana 2s employees thereof or engaging any person or
entity to essist the Tribe in the management of a gaming activity pursuant to a management
agreement entered into undét the provisions of IGRA. Class II gaming shall be conducted in
accordance with the Compact, or any altemative thereto as provided by IGRA.

Section 6. Gaming Revenues.

61 Tribal Property. Except as provided for under the terms of an agreement pursuant
to the provisions of IGRA or as otherwise permitted by law, all revenues gencrated from any
class I or class IT gaming activity are the property of the Tribe. Any profits or net revenues
from gaming activities shall be deposited into the Tribe's general treasury. Once becoming part

(2-1\aank-fulastie Geaing Act 62 ~8-


4.10.) Inspect, examine and monitor Gaming Activities and gaming facilities,
including the power to demand access to and inspect, examine, photocopy and audit all papers,
books and records respecting such.

4.10.2 Investigate any suspicion of wrongdoing or violations in connection with
any Gaming Activilies, and require correction of violations at the Gaming Commission deemed
necessary, including establishing and imposing fines or other sanctions against licensees or other
persous who interfere with or violate the Tribe's gaming regulatory requirements under
applicable federal or tribal law or the Compact.

4.10.3 Conduct, or cause to be conducted, such investigations in canneotion
with any Gaming Activity as may be necessary to determine compliance with law, including this
Gaming Act, or with any contracts, agreements, goods, services, events, incidents, or other
matters related to the Gaming Activities

4.10.4 Conduct, or cause to be conducted, background investigations regarding
any person in any way connected with any Gaming Activities and issue licenses to, at minimum,
all] Key Employees and Primary Management Officials according to requirements at least as
stringent as those in 25 CF.R. parts 556 and 558, as well ag any employees, investors,
contractors, or others required to be licensed under standards established by the Gaming Act,

IGRA, or the Compact.

4.10.5 Hold such hearings, sit and act at such times and places, summon persons
on Tribel Lands to attend and testify at such hearings, take such testimony, and receive such
evidence as the Gaming Commission deems relevant in fulfilling its duties.

4.10.6 Administer oaths or affirmations to witnesses appearing before the

4.10.7 Implement and administer a system for investigating, licensing,
monitoring, reviewing, and license renewal for the gaming facility, employees, gaming
contractors and vendors, suppliers, investors, end others connected with Gaming Activities, as
described below, including the issuance of licenses to gaming facilities, individuals and entities
as required under this Gaming Act, IGRA, or the Cormpact;

4.10.8 Hear disputes against the gaming establishment, in accordance with the
procedures established in this Gaming Act or the Compact.

4.10.9 Hire such staff and support services as deemed necessary, subject to a
budget approved by the Tribe.

Of-timeak-tulaccte Gening Aat OS -6-


gaming, except for references to “Commissicners”, “Commission”, or “Gaming Commission”,
which shal} mean the Sank-Suiattle Office of Gaming Commsissioner, established and
described herein,
21 “Applicant” means an individual on entity that applies fer a tribal license or
ificati

2.2 “Closely associated independent contractor” shall mean any contractor that shares
common ownership, officers or directors with any management principal or person related
thereto.

23 “Gaming” shall mean an activity in which a person stakes or risks something of
value ca the outcome of a contest of chance or a future contingent event, not under his or her
control or influence, upon an agreement o:; understanding that the person, ot someone else, will
receive something of value in the event of a certain outcome, but shall not include bona fide
business transactions.

24 “Gaming Activities” shall mean any class J, class IZ, cv class 1 gaming activity
conducted by or, under the jurisdiction of the Tribe.

25 “Gaming Commission" or “Tribal Gaming Agency” shall mean the Officeof the
Gaming Comriissioner as established herein under tribal law and designated responsibility for
carrying out the Tribe's regulatory responsibilities under IGRA, this Gamting Act, and the
Gaming Compact.

2.6 “Gaming Compact” or “Compact” shall mean a class II] tribal-state gaming
compact adopted by the Tribe to govern the conduct of certain Gaming Activities on its Tribal
Lands.

2.7 “Gaming Contractor” shall mean eny person om entity that supplies gaming
devices or other gaming equipment, personnel, or services (including gaming management or
consulting services) to any gaming activity c+. enterprise.

2.8 “Gaming Enterprise” shall mean any gaming business, event, enterprise ar activity
conducted by ca’ under the jurisdiction of the Tribe.

29 “Immediate Family" or “Related to” shall mean persons who are the subject
individual's spouse, parents, siblings, and children (cither adopted cr biological).

2.10 “Key Employee” shall mean a person who performs one or more of the following
functions: bingo caller, counting room supervisct, chief of security, custodian cf gaming
supplies or cash, floor manager, pit boss, dealer, croupier, approver of credit, or custodian of

s2-t\asue-fasarcle Gaming Act.02 -2-


WHEREAS, The Sauk-Suiattle Gaming Act Section 4.3 reads in its entirety “Terms of Office.
The Commissioners shall serve for three (3) year terms, except that immediately after enactment
of this Gaming Act two (2) of the Commissioners shall serve for three (3) years, and one (1)
commissioner shall serve for two (2) years. Commissioners may serve for more than one term.

WHEREAS, The Sauk-Suiattle Gaming Act Section 4.5 reads in its entirety “Quorum. Two (2)
members of the Gaming Commission shall constitute a quorum.”; and

WHEREAS, The Sauk-Suiattle Gaming Act Section 4.6 reads in its entirety “Officers and
Duties. The Gaming Commission shall select, by majority vote, a Chairman, Vice-Chairman and
Secretary. The Chairman shall preside over meetings of the Gaming Commission and the Vice-
Chairman shall preside in absence of the Chairman. The Secretary shall record in writing the
minutes of all Gaming Commission meetings and all official actions taken by the Gaming
Commission.”; and

WHEREAS, The Sauk-Suiattle Gaming Act Section 4.7 reads in its entirety “Voting, All actions
of the Gaming Commission shall be taken by majority vote. The Commission Chairperson may
vote on any issue.”; and

WHEREAS, The Sauk-Suiattle Gaming Act Section 4.8 reads in its entirety “Meetings. Meetings
shall be held at least once per month, on the second Monday of the month at 6:00 p.m. at the
Tribe’s primary meeting facility (“Scheduled Meetings”). Any tribal member may attend
Scheduled Meetings. Scheduled Meetings may be changed at any time by the Gaming
Commission, with notice of such change posted prominently at least five (5) business days in
advance at the Office of the Gaming Commission. Additional meetings shall be held as called by
the Chairman or by at least two (2) other Commissioners. Notice of meetings shall be given in
writing to each Commissioner, served by first class mail or personal delivery at least three (3)
business days prior to such meeting; however, meetings may be called at any time, by any
means, with unanimous consent of the Commissioners. All Commission discussions,
deliberations, and votes taken regarding specific license applications and related background
investigations, or any other investigations, and any other matter the Commission deems must be
kept confidential in order to preserve the integrity of the Gaming Enterprise or the Tribe or to
protect the privacy of the applicant shall be held in executive session.”; and

WHEREAS, The Sauk-Suiattle Gaming Act Section 4.9 reads in its entirety “Compensation for
Serving: Fringe Benefits: Reimbursement of Expenses. Commissioners may be compensated for
serving on the Commission at rates to be set by the Tribe. Such rates shall be approved by the
Tribe or through the Gaming Commission budget process and shall be identical for all
Commissioners. Step increases may be allowed based on length of service. Commissioners may
be entitled, at the discretion of the Tribe, to receive fringe benefits which are available to other
employees of the Tribe to the extent the provider of such benefits qualifies Gaming Commission
positions for such benefits. Subject to approval by the Tribe and in accordance with its
procedures, Commissioners shall be reimbursed for expenses incurred in connection with the
performance of their Gaming Commission duties.”; and

NOW THEREFORE BE IT RESOLVED, that Tribal Council hereby amends The Sauk-Suiattle
Gaming Act Section 2 to begin in its entirety with “Unless specified otherwise, terms used herein
shall have the same meaning as in IGRA, including but not limited to references to ‘Net
Revenues,’ ‘Class I’, ‘Class II’, and ‘Class Ill’ gaming, except for references to

Page 2 of 4 Res# 05/08/2019 Amendments to the Sauk-Suiattle Gaming Act


10.12.16 A description of any existing and previous business
relationships with Indian tribes, including ownership interests in those businesses;

10.12.1,7 Name and address of any licensing or regulatory agency with
which the person has ever filed an application for a license or petmit related to gaming, whether
or not such license or permit was granted;

10.12.1.8 For each felony for which there is an on-going prosecution or a
conviction: the charge, the name and address of the court involved, and the date and disposition,
if any, af the case;

10,12.1.9 For each misdemeanor conviction or on-going misdemeanor
prosecution (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, of
the case; .

10.12.1.10 For each criminal charge (excluding minor traffic charges),
whether or not there is or was a conviction, if such criminal charge is within ten (10) years of the
date of the application and is not otherwise listed above pursuant to subsections 10.12.1.8 or
10.12.1.9 above: the criminal charge, the name and address of the court involved and the date

and disposition, if any, of the case;

10.12.11] Name and address of any licensing or regulatory agency
(federal, tribal, state, local or foreign) with which the person has filed an application for an
occupational license or permit, whether or pot such license or permit wes granted;

10.12.1.12 Current photograph;

10.12.1.13 Any other information the Tribe or Gaming Commission
deems relevant; and

10.12.1.14. Fingerprints consistent with procedures adopted by the
Gaming Commission acoofding to 25 CF.R. § 522.2(h).

10.122 The Gaming Commission shall conduct or cause to be conducted an
investigation sufficient to make a determination of eligibility as required under this Gaming Act.
In conducting the background investigation, the Gaming Commission and its agents shall
promise to keep confidential the identity of each person interviewed in the course of the
investigation,

10.13 Eligibility Determination. The Gaming Commission shall review a person's priar
activities, criminal record, if any, and reputation, habits and associations to make a finding

82-2 Weum-Beletele Seniog Acc.82 -14-


10.14.4 If a license is not issued to an applicant, the Ganting Commission shalt
notify the NIGC and may forward copies of its eligibility determination and investigative repart
GE any) to the NIGC for inclusion fn the Indian Gaming Individuals Records System.

10.15 Granting e Gaming License.

10.15.) Ef, within a thirty (30) day period after the NIGC receives a report as
required under subsection 10.14 above, the NIGC notifies the Tribe that it has no ob jection to the
issuance of a license pursuant to the license application filed for a key employee or primary
management official for whom the Tribe has provided an application and Investigative report, the
Gaming Commission may issue the license.

10.15.2 The Gaming Commission shall provide any additional information
requested by the NIGC conceming a key employes or primary management official who is the
subject of a report as required under this subsection. An NIGC request for additional information
repre a rt eae ae 10.15.1 above until the
NIGC receives the additional

10.15.31, within the thirty (30) day period established under subsection 10.15.1
above, the NIGC provides a statement itemizing objections to issuance of a license to a key
employee or primary management official, the Gaming Commisalon shall reconsider the
application, taking into account such objections. The Gaming Commission retuins the right to
make the final determination whether to issue the license to such epplicant.

10.16 License Suspension.

10.16.1 If, after issuance of a gaming liconse, the Tribe receives relizble
information from the NIGC or other reliable source indicating that a key employeo or a primary
offictal is not eligible for employment under the eligibility criteria established in
section 10 above, the Gaming Commission shall suspend the license and shall notify the licensee
in writing of the license suspension and proposed revocation.

10.16.2 The Gaming Commission shall notify the licensee of a time and place
for a bearing on the proposed revocation of a liomse.

10.16.3 Afterthe revocation bearing, the Gaming Commission shal] determine
whether to revoke or to reinstate the gaming license, For actions taken in response to
information provided by the NIGC, the Gaming Commission shall notify the NIGC of its
decision.

O2-1ySaut-Culacche Casing set 02 -16-


fe, Tribal Council
5318 Chief Brown Lane
Dartington, Washington 98241-9420

(360) 436-0131
Fax (360) 436-1514

onnert® Resolution Number: 05/08/2019
Amendments to the Sauk-Suiattle Gaming Act

BE IT RESOLVED BY THE TRIBAL COUNCIL OF THE SAUK-SUIATTLE INDIAN
TRIBE

WHEREAS, the Sauk-Suiattle Tribal Council (the “Tribal Council”) is the governing body of the
Sauk-Suiattle Indian Tribe (the “Tribe”) of authority of the Constitution and By-Laws as
approved by the Secretary of the Interior on September 17, 1975 and in accordance with the
Indian Reorganization Act of June 18, 1934; and

WHEREAS, the Tribal Council is charged with the responsibility for the protection of the health,
welfare and safety of its members; and

WHEREAS, the Sauk-Suiattle Tribal Council previously passed Resolution 11/29a/99
establishing the Sauk-Suiattle Gaming Act

WHEREAS, the Tribal Council has determined that changes to the structure of the Sauk-Suiattle
Gaming Commission is in the best interest of the tribe; and

WHEREAS, The Sauk-Suiattle Gaming Act Section 2 begins in its entirety with “Unless
specified otherwise, terms used herein shall have the same meaning as in IGRA, including but
not limited to references to ‘Net Revenues,’ ‘Class I’, ‘Class II’, and ‘Class III’ gaming, except
for references to ‘Commissioners’, ‘Commission’, or ‘Gaming Commission’, which shall mean
the Sauk-Suiattle Gaming Commission or its Commissioners, established and described herein.”;
and

WHEREAS, The Sauk-Suiattle Gaming Act Section 2.5 reads in its entirety “Gaming
Commission’ or ‘Tribal Gaming Agency’ shall mean the Sauk-Suiattle Gaming Commission as
established herein under tribal law and designated responsibility for carrying out the Tribe’s
regulatory responsibilities under IGRA, this Gaming Act, and the Gaming Compact.”; and

WHEREAS, The Sauk-Suiattle Gaming Act Section 4 is titled Gaming Commission; and

WHEREAS, The Sauk-Suiattle Gaming Act Section 4.1 reads in its entirety “Establishment of
Gaming Commission. There is established by the Tribe hereby a Commission, acting under the
authority of the Tribe, to be known as the Sauk-Suiattle Gaming Commission. The Gaming
Commission shall be composed of three (3) members of the Tribe, all of whom shall be elected
by the Tribe. Gaming Commissioners must meet the qualifications established under this
Gaming Act and by any Gaming Compact adopted by the Tribe.”; and

Page I of 4 Res# 05/08/2019 Amendments to the Sauk-Suiattle Gaming Act


Benjamin Joseph, Chairman

Re: Sauk-Suiattle Gaming Act Amendments, Resolution No. 05/08/2019
September 3, 2019

Page 2 of 2

If you have any questions, please feel free to contact me or Rea Cisneros, NIGC
Associate General Counsel.

Sincerely,

Madhon® $i

Michael Hoenig
General Counsel


shall be made to the Gaming Commission, and auch shall be the exclusive remedy for patron
complaints. Complaints shall be submitted in writing and, at the discretion of the Gaming
Commission, the petitioner may be allowed to present evidence. The Gaming Commission will
render a decision in a timely fashion and all such decisions will be final when issued. Any patron
having a claim against the gaming establishment or a management contractor or its employees
must eubmit such claim to the Gaming Commission within thirty (30) days af its Occurrence. All
claims by patrons shall be limited to a maximum recovery of $10,000’ per occurrence, and a
cumulative limit of $20,000 per patron in any twelve (12) month period.

Section & Andits.

Apnual Audits Arnoual outside auditing by a recognized independent accounting fim
shall be conducted of each gaming activity and the results thereof reported to the Tribal Members
end, to the extent required by law, the Bureau of Indian Affairs and the National Indian Gaming
Commission (“NIGC”) or another entity.

Section 9. Audit Requirements.

All contracts for supplies, services, or concessions for a contract amount in excess of
$25,000 annually (except contracts for professional legal or accounting services) relating to class
Wor class Il gaming on Tribal Lands shail be subject to independent audits, and such contracts
shall so specify.

Section 10. Licenses.

10.1 Licensing Requirements. it is the declared policy of the Tribe that all gaming
activities be licensed and controlled soas to protect the morals, good order and welfare of tribal
members and other persons on Tribel Lands and to presorve the honesty, fairness and integrity of
such gaming activities. Accordingly, no person shall engage in any class II or class [I Gaming
Activities on Tribal Lands without an appropriate and valid independent class II or class IT
license which meets the stdidards set forth in this Geming Act, IGRA, and those established
under the Compact, and which license is issued by the Gaming Commission. Any gaming
license, or finding of suitability or approval, which is ismed by the Gaming Commission, shall
be deemed a privilege subject to suspension or revocation. No license shall be issued that would
place the Tribe in violation of an applicable law or the Compact.

10.2 Burden op Applicant. The burden of proving an applicant's qualification to
receive any license hereunder is at all times on the applicant. Applicants must accept any risk of
adverse public notice, embarrassment or other action which may result from the application
process and expressly waive any claim for damages as a result thereof.

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coucerning the eligibility of a key employee or primary management official for employment ina
gaming operation. If the Gaming Commission determines that enrployment ofthe person poses a
threat to the public interest or to the effective regulation of gaming, or creates or enhances
dangers of unsuitable, unfrir, or illegal practices and methods and activities in the conduct of
gaming, that person shall not be employed by the gaming facility ina key employee or primary
management official position or in any other position for which a class A license is required,
unless otherwise specifically approved by the Gaming Commission.

10.14 Forwarding Licensing Applications and Reports to NIGC.

10.14.1 Unless otherwise provided by the NIGC, on or before the date any key
employee or primary management official is employed by a Gaming Enterprise authorized under
this Gaming Act, the Gaming Comunission shall forward to the NIGC the person's completed
application for employment containing the information required above under section 10.12.1 of
this Gaming Act.

10.14.2 Prior to issuing a license to a primary nnagement official or key
employee, the Gaming Commission shall forward to the NIGC, together with a copy of the
eligibility determination made under subsection 10,13 above, an investigative report on each
background investigation. The investigative report on each background investigation shall be
forwarded to the NIGC within sixty (60) days after the employee begins work, or within sixty
(60) days of the approval of this Gaming Act by the NIGC. The Gaming Enterprise shall not
employ or continue to employ amy persoa as a key employee or primery management Official who
does not have a license within ninety (90) days of beginning work.

The investigative report shall include the Following information
10.14.2.| Steps taken in conducting a background investigation;
10.14.2,2 Results obtained;
10.14.2.3 Conclusions reached; and
10,14.2.4° The bases for those conclusions,

10.14,3 The Tribe shall provide to the NIGC or other agency as required, any
other reports and information required by IGRA and regulations pronml gated thereunder.
Further, with respect to key employees and primary management officials, the Gaming
Commission shal! retain applications for employment and reports (if any) of background

investigations for inspection by the NIGC far no less than three (3) years frum the date of
termination of employment.

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