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SUQUAMISH GAMING ORDINANCE -

TITLE11

CHAPTER 5

11.5.1 Title

1. This Ordinance shall be known as the usuquamish Gaming Ordinance.

11.5.2 Authorization

1. This Ordinance, 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, P.L. 100-447, 25 U.S.C. Sec. 2703

(I.G.R.A.) and by regulations promulgated by the National Indian Gaming

Commission at 25 C.F.R. Sec. 502 (as published in the Federal Register at 57

FR 12382-12393, April 9, 1992).

11.5.3 Findings

1. The Suquamish Tribal Council finds that;

a. The Suquamish Tribe has the sovereign right and exclusive authority

to regulate Class I and Class II 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 has

entered into and 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 non-profit organizations through gaming

activities on Suquamish Indian Lands 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

e. It is essential to the health, safety and general welfare of the

Suquamish Tribe and to visitors of the Port Madison Reservation that standards

and regulations be promulgated to govern the conduct of gaming activities on

Suquamish Indian Lands.

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11.5.4 Interpretation

1. This Ordinance shall be deemed an exercise of the sovereign power of the

Suquamish Indian Tribe and all provisions of this Ordinance shall be liberally

construed for the accomplishment of the Statement of Purpose.

2. Any ambiguity in this Ordinance or in any rules or regulations hereafter

promulgated pursuant to this Ordinance shall be resolved so as to be consistent

with I.G.R.A. and other applicable Tribal and federal law.

11.5.5 Statement of Purpose

1. The purposes of this Ordinance are to:

a. Govern, regulate and provide standards for the operation, conduct and

playing, on Suquamish Indian Lands, of Class I and Class II Gaming, as defined

by the Indian Gaming Regulatory Act of 1988, 25 U.S.C. Section 2701 et. seq.,

and Class Ill Gaming, as defined by the same Act and as authorized by and

pursuant to the provisions of a 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.

11.5.6 Definitions

Act or I.G.R.A means the Indian Gaming Regulatory Act, Public Law

100-497, codified as 25 U.S.C. Section 2701 et. seq.

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.

Class I Gaming means and shall include social and traditional games

played for prizes of minimal value and traditional forms of Indian gaming

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engaged in by individuals as part of, or in connection with, Suquamish Tribal

ceremonies or celebrations.

Class II Gaming means and shall include afl forms of gaming which are

defined as Class II Gaming in I.G.R.A., P.L. 100-447, 25 U.S.C. Section 2703

(7) (A) and the regulations promulgated by the National Indian Gaming

Commission at 25 C.F.R. 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 and, if played in the same location, pull

tabs, punchboards, tip jars, instant bingo, speed bingo, and other games similar

to or which is a form of bingo; and non-banking card games, when played in

conformity with l.G.R.A, 25 U.S.C. Sec. 2703 (7).

Class Ill Gaming means and shall include all gaming which is not Class

I or Class II, as defined in l.G.R.A., 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 Ordinance.

Class II Gaming Contract means a contract for the provision of any

goods or services for the conduct of Class II Gaming.

Class Ill Gaming Contract means a contract for the provision of any

goods or services for the conduct of Class Ill Gaming.

Class Il Gaming Contractor means any individua, business or other

entity who applies for or is a party to a Class II Contract.

Class Ill Gaming Contractor means any individual, business or other

entity who applies for or is a party to a Class Ill Contract.

Commission or Tribal Gaming Commission means the Suquamish

Tribal Gaming Commission established by this Ordinance.

Commissioner means a member of the Suquamish Tribal Gaming

Commission.

Contractor means any contractor who manages or operates a Class II or

Class Ill gaming operation for the Tribe or is a lessor of gaming equipment or

supplier of gaming services to the Tribe.

Entity means any organization, including 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,

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proprietorship, trust, estate, commission, bureau, or agency, except this

definition shall not include the Suquamish Indian Tribe.

Game Card or Bingo Game Card means a regular or special bingo

card.

Gaming Activities means the conduct of gaming activities permitted

pursuant to I.G.R.A. or the Tribal/State Gaming Compact.

Gaming Facility means the room or rooms in which Class II or Class Ill

gaming activities as authorized by I.G.R.A. or the Tribal/State Gaming Compact

are conducted on Suquamish Indian Lands.

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

by a Tribal department or agency, the terms shall not include those portions of

the department or agency which are unrelated to gaming.

Gross Receipts means the total receipts from the conduct of gaming

activities.

High Security Employee means

1. any person who performs one or more of the following functions:

a. floor manager;

b. pit boss;

c. dealer;

d. croupier;

e. approver of credit;

f. counting room supervisor;

h. custodian of gaming supplies or cash;

I. custodian of gaming devices, including persons with

access to cash or accounting records within such

devices;

j. bingo caller;

k. chief of security; and

I. If not otherwise included in subsection 1, any other

person whose total cash compensation is in excess of

$50,000 per year; and

m. If not otherwise included, the four most highly

compensated persons in the gaming operation.

Indian Lands or Suquamish Indian Lands means Indian lands as

defined by 25 U.S.C. Section 2703 (4)(A) and (B).

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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.

Key Employee means any officer or person who can affect the course of

business, make matØrial decisions or is in a sensitive employment position.

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 Ordinance.

Lottery means any scheme for the disposal or distribution of property, by

chance, among persons who have paid valuable consideration for the chance of

obtaining such property, or a portion of it, or for any share 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.

Low security employee means any person employed to work in a

gaming area with no responsibility for management or operation of Class II or

Class Ill gaming activities and no access to cash or to the interior of any gaming

terminals.

Major procurement means any procurement action or contract for any

goods, services, or products involving the determination of winners in any Class

Ill gaming activities, for the printing of tickets used in any Class Ill gaming

activity; or for any goods or services involving the receiving or recording of

number selections in any Class Ill gaming activity;

Minor Procurement means any procurement action or contract related to

any Class Ill gaming activity that is neither a Major Procurement or a Sensitive

Procurement.

uNational Indian Gaming Commission or NIGC means the federal

gaming regulatory commission established pursuant to l.G.R.A..

Native American or Indian means a person who is an enrolled member

of a Federally recognized Indian Tribe.

Net Revenues means the total gross revenues from gaming activities,

less all reasonable sums actually expended for operating expenses, including

but not limited to, amounts paid for or paid out as prizes.

NIGC Chairman means the Chairman of the National Indian Gaming

Commission.

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Non-banking 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.

Non-banking card games played in conformity with State law regulating such is

Class II gaming. All other non-banking card games are Class Ill games.

Player means any person paying some amount of United States

currency to the Tribe for admission to or participation in Class II or Class Ill

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.

Primary Management Official means any person within the Gaming

Operation who: (I) has management responsibility for a management contract;

(ii) has the authority to hire and fire employees; (iii) has the authority to set up

working policy for the Gaming Operation; or (iv) has financial management

responsibility, including but not limited to the Chief Financial Officer.

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 (10) percent of the share of the

corporation, if a corporation; and (5) each person or entity other than a banking

institution who has provided financing for the enterprise constituting more than

ten percent of the start-up capital or operating capital over a twelve (12) month

period, or any combination thereof.

Prize means any United States currency, cash or other property or thing

of value awarded to a player or players, or received by a player or players, as a

result of their participation in a gaming activity.

Pull Tabs means factory covered tickets which are purchased and

opened by customers and which reveal a predetermined winning arrangement.

Punch Board 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 pre-designated prize.

Regular Bingo Card means a paper card or board issued to a person 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, upon payment of an

admission fee, affords the person an opportunity to participate in all regular

Bingo games played at a Bingo occasion.

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Secretary means the Secretary of the United States Department of the

Interior.

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 II or Class IU gaming. A typical example of this class of

procurement is the acquisition of security systems required to protect the

security and integrity of Class Il or Class Ill gaming.

Specia 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.

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.

uStaten means the State of Washington.

State Gaming Agency means the Washington State Gambling

Commission.

Tribal Council or Suquamish Tribal Council means the governing body

of the Suquamish Tribe as set forth in the Suquamish Tribes Constitution and

Bylaws.

Tribal Court means the Suquamish Tribal Court.

Tribal Gaming Inspector means an enforcement officer hired by the

Tribal Gaming Commission and who is authorized by this Ordinance 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 carry 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, shall oversee and monitor

the day to day operations of any Tribal Gaming Facility.

Tribal Gaming Operator means any person or entity operating a Tribal

Gaming Operation on behalf of or under contract with the Suquamish Indian

Tribe.

Tribal Member means an enrolled member of the Suquamish Tribe.

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Tribal/State Gaming Compact means the Compact between the

Suquamish Indian Tribe and the State of Washington regulating Class Ill gaming

activities on Suquamish Indian Lands;

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.

11.5.7 Class I Gaming Authorized

1. Class I Gaming is hereby authorized on Suquamish Indian Lands and may be

conducted by any person. Class I Gaming shall not be regulated by this

Ordinance.

11.5.8 Class II Gaming Authorized

1. Class II 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 Facilities on Indian Lands in a manner consistent with the

provisions of this Ordinance and I.G.R.A.

2. A Tribal Gaming Operator or any manager under contract to manage a Tribal

Class II Gaming Facility, may conduct Bingo, non-banking card games and other

Class II gaming activities.

11.5.9 Class III Gaming Authorized

1. Class Ill Gaming is hereby authorized on Suquamish Indian Lands. Class Ill

shall be regulated by the Tribal Gaming Commission and shall only be operated

in a manner consistent with this Ordinance, the Tribal/State Gaming Compact

and I.G.R.A.

2. The Tribal Gaming Operator or any manager under contract to manage the

Tribal Class III Gaming Facility, may conduct any Class Ill game permitted in the

Tribal/State Gaming Compact.

3. The Tribal Gaming Operator or any manager under contract to manage the

Tribal Class Ill Gaming Facility may conduct any Class III 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,

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.

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11.5.10 Unauthorized Gaming Prohibited

1. Gaming by any person, party or other entity on any lands subject to the

jurisdiction of the Suquamish Indian Tribe, except as authorized pursuant to this

Ordinance, is hereby prohibited and declared unlawful.

11.5.11 Ownership of Gaming Operation

1. The Suquamish Tribe shall have the sole proprietary interest in, authority and

responsibility for the conduct of any Class II gaming operation authorized by this

Ordinance, except as provided in Section 11.5.11.2 below.

2. Individually owned gaming operations are prohibited, except individually

owned Class II pull tab operations and State lottery tickets sales outlet

operations existing as of the enactment date of this Ordinance are grandfathered

under this provision, provided such operations and outlets comply with all laws,

rules and regulations applicable to their operation.

3. No license to own or operate any Class II gaming shall be issued to any

person or entity other than the Suquamish Indian Tribe, except as provided in

this Section 11.5.11 to individually owned Class II pull tab operations and State

Lottery ticket sales outlet operations exempted under Section 11.5.11.2.

4. Class II pull tab operations and State lottery ticket sales outlets exempted

under the grandfathering provision of Section 11.5.11.2 shall be licensed and

regulated by the Tribal Gaming Commission and shall be subject to the

Suquamish Gaming Ordinance, and as it may be amended. Tribal licensing

standards for operations and outlets exempted under Section 11.5.11.2 shall be

at least as restrictive as those established by Wasington State law governing

similar gaming operations. Washington State law standards with respect to

purpose, entity, pot limits and hours of operation shall apply to all operations

and outlets exempted under Section 11.5.11.2.

5. Owners of operations and outlets exempted under Section 11.5.11.2 shall

pay an assessment to the National Indian Gaming Commission in accordance

with 25 C.F.R. Sec tion 514.1., and as it may be amended.

6. Any person or entity who is not eligible to receive a Washington State license

to conduct a Class II pull tab operation or a State lottery ticket sales outlet shall

be denied a Tribal gaming license.

7. No less than sixty percent (60%) of the net pull tab or lottery ticket sales

revenues from the exempted Class II pull tab operations and State Lottery ticket

sales outlets shall be income to the Tribe.

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8. Income to the Suquamish Tribe from individually owned Class II pull tab

operations and State lottery ticket sales operations shall be used only for the

purposes listed in Section 11.5.14.1 of this Ordinance.

9. 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 Ordinance and the Tribal/State Gaming

Compact.

10. No license to own or operate any Class Ill gaming shall be issued to any

person or entity other than the Suquamish Indian Tribe.

11.5.12 Management. Finance and Construction Contracts

1. 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.

2. The Suquamish Tribal Council or its authorized agents shall have the

authority to enter into finance contracts relating to Class II or Class Ill gaming

activities on Suquamish Indian Lands, provided no financing contract exceeding

One Million Five Hundred Thousand Dollars ($1,500,000.00) is valid to bind the

Suquamish Tribe without the prior approval of the Tribal Council.

3. The Suquamish Tribal Council or its authorized agents shall have the

authority to lease gaming equipment, provided such leases are in conformity

with I.G.R.A., the provisions of this Ordinance and any other applicable Tribal

and Federal laws, rules and regulations then in effect.

4. 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 the operation and management of Class II or Class Ill gaming

activities. Each such contract must comply with I.G.R.A., the provisions of this

Ordinance, other applicable provisions of Tribal and Federal law, rules and

regulations then in effect.

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11.5.13 Net Revenue Tax

1. There shall be a Tribal Tax upon the net revenue of any Class II or Class Ill

gaming activity within the jurisdiction of the Tribe, in a percentage 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. The Tribal Council may reduce or

waiver such tax as is necessary to promote economic development on the Port

Madison Reservation.

11.5.14 Use of Gaming Revenue

1. Net revenues from Class II and Class Ill 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 non-profit organizations;

e. To fund, in whole or in part, operations of local government agencies

impacted by gaming activities.

11.5.15 Suguamish Gaming Commission--Establishment

1. The Suquamish Tribal Council is hereby authorized to establish a Suquamish

Tribal Gaming Commission, empowered to administer this Ordinance and to

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

to designate three (3) members to be its Commissioners and one (1) person to

be an alternate Commissioner.

11.5.16 Terms for Commissioners

1. Appointment of Commissioners and the Alternate shall be for a period of

three (3) years, except that of the initial Commissioners, one Commissioner shall

be appointed for one year, one for two years and one for three years in order to

achieve a staggered appointment schedule and to provide continuity within the

Commission. The Alternate shall be appointed for one year. The

Commissioners and the Alternate may be re-appointed for one or more

successive terms.

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11.5.17 Minimum Qualifications for Commissioners

1. The Gaming Commissioners and the Alternate shall possess and

demonstrate as minimum qualifications:

a. Knowledge, experience or familiarity with business management; or

b. Knowledge of and experience in administration and administrative

procedure.

2. The Gaming Commissioners and the Alternate, shall also possess or express

a willingness to acquire:

a. Knowledge of and experience in the commercial gaming industry;

b. Familiarity with l.G.R.A; and

c. Knowledge of and experience in law enforcement.

11.5.18 Appointment of Commissioners

1. Gaming Commissioners and the Alternate shall be appointed from among the

Trib&s General Council membership except the Tribal Council may appoint a

non-member Indian or a non-Indian as a Gaming Commissioner where such

person has demonstrated expertise in critical areas of gaming regulation or law

enforcement. At no time shall there be more than one Gaming Commissioner

who is not a member of the Tribe. The Gaming Commission shall insure that

Commissioners who are tribal members shall be trained to assume full

responsibility to regulate the Tribal Gaming Facility as soon as practicable.

2. No person shall be appointed to the Gaming Commission unless the Tribal

Council is satisfied that such nominee:

a. Is a person of good character, honesty and integrity, whose prior

activities, criminal record, if and, and reputation, habits, associations do not

pose a threat to the public interest of the Tribe, its members, 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 or the

carrying on of the business and financial arrangements incidental thereto; and

b. 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.

11.5.19 Commissioners. No financial Interest in Gaming

1. Neither the Commissioners nor the Alternate shall have any direct or indirect

financial interest in the Class II or Class Ill gaming activities.

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11.5.20 Commissioners. Compensation

1. Tribal Gaming Commissioners and the Alternate 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 Tribes income from gaming activities, including taxes and profits paid

to the Tribe from the Class it and Class Ill gaming activities.

11.5.21 Removal of Commissioners

1. Any Gaming Commissioner may be removed for good cause, after written

notice and an opportunity to be heard by the Tribal Council. Good cause exists

when any condition occurs or is discovered which would exclude a person from

appointment. The decision of the Tribal Council on such removal shall be final.

11.5.22 Commission Administration -

Purpose and Responsibility

1. The Commission shall be guided by this Ordinance and in the case of Class

Ill gaming, also the Tribal/State Compact, and shall cause the development of,

approve and monitor the implementation of policies for the operation of Gaming

Activities, personnel policies and procedures, training and operations

procedures, all budgets, the record keeping and accounting methods, cash

management systems, and shall rate the performance of Tribal Gaming agency

or any manager or management company with whom the Tribal Gaming

Operator or its authorized agent has an approved contract.

2. The Commission shall be guided by this Ordinance and shall cause the

development of, approve and monitor all gaming operations within Suquamish

Indian Lands which conduct Class Il pull-tab gaming and sell State lottery

tickets.

3. The members of the Commission shall not interfere with or become involved

in the day to day operations of any gaming activities.

11.5.23 Promulgation of Regulations

1. It shall be the responsibility of this Commission to promulgate regulations

necessary to administer this Ordinance and to perform its functions, including

the enforcement provisions and penalties. The Commission, in order to

accomplish the following illustrative acts for and on behalf of the Suquamish

indian Tribe, where it deems appropriate, may:

a. Promulgate, adopt, amend, enforce and repeal appropriate rules and

regulations as may be necessary and desirable for the proper implementation of

this Ordinance;

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b. Execute contract and interlocal agreements, papers and documents in

the name of the Commission, and shall honor related contracts heretofore

entered into by the Suquamish Tribal Council related to the business of the

Commission;

c. Approve all contracts for the rental of equipment for the operation of

Class II and Class Ill Gaming as provided in this Ordinance;

d. Authorize the Suquamish Tribal government to establish and operate

itself, or through its authorized agent, all Class II and Class Ill gaming activities

on Suquamish Indian Lands; provided, the Tribe shall have sole proprietary

interest and responsibility for the conduct of any Class It or Class III gaming

activity, with the exôeption of existing gaming activities specifically

grandfathered in pursuant to Section 11.5.11.3 of this Ordinance;

e. Pay all customs, duties, excises, charges, and obligations whatsoever

related to the business of the Commission.

f. Identify and define the rules of play for each Class II and Class Ill game

permitted.

g. License, inspect and oversee all gaming activities and persons

employed in gaming activities conducted on Suquamish Indian Lands;

h. Establish systems to:

1. Adequately check the background of Primary Management

Officials and Key Employees of the gaming enterprise;

2. Monitor Primary Management Officials, Key Employees and

High Security Employees on an ongoing basis;

3. Provide for the verification of background check results

provided by the NIGC before any licenses are issued for Class II or Class Ill

Gaming;

j. Ensure that Class Il gaming facilities are operated in compliance with

this Ordinance and I.G.R.A.

k. Ensure that Class Ill gaming facilities are operated in compliance with

this Ordinance, the Tribal/State Gaming Compact and I.G.R.A.

I. Ensure the physical safety of patrons in gaming facilities;

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m. Ensure the physical safety of personnel employed by the Gaming

Operation;

n. Ensure the physical safeguarding of assets transported to and from

the Gaming Facility and the cashiers cage department;

o. Protect the patrons and the Gaming Operations property from illegal

activity;

p. Temporarily detain, to the extent of its authority under this Ordinance,

and until notification~ of the appropriate law enforcement authorities, persons who

may be involved in illegal acts;

q. Carry on a continuous study and investigation of Class II and Class Ill

gaming on Suquamish Indian Lands for the purposes of:

1. Ascertaining any defects in or abuses of the standards and

regulations in this Ordinance and any and all applicable rules and regulations;

2. Formulating recommendations for changes in the standards and

regulations in this Ordinance and any and all applicable rules and regulations;

3. Preventing abuses and evasions of the standards and

regulations prescribed by this Ordinance and applicable rules and regulations.

r. Report to the Tribal Council on any matters related to gaming which

are deemed by the Tribal Gaming Commission to constitute an emergency

requiring immediate action;

s. Take any action it deems necessary and appropriate for violation(s) of

this Ordinance, applicable rules or regulations, including but not limited to

license suspension, license revocation, prosecution, referral for prosecution or

civil suit;

t. 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 Gaming Inspectors. Commission employees shall meet all license

requirements of High Security Employees.

u. Establish systems to log and record, in a permanent and detailed

manner:

1. a security log, recording any and all unusual occurrences at any

Gaming Facility that require further investigation under the terms of the

Tribal/State Gaming Compact.

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2. a surveillance log, as written or computerized records, recording

all surveillance activities in the monitoring room of the Gaming Facility;

v. Perform all matters and things directly or indirectly necessary to

conduct its business and carry out its duties and functions;

w. Perform all other duties related to the conduct and operation of the

powers and duties authorized by this Ordinance.

11.5.24 Meetings -

Schedule, Notice: Quorum

1. The Commission shall regularly meet monthly. The Commission shall also

meet at the request of two members of the Commission or the Chairperson of the

Tribal Council. A quorum shall be three members. Voting shall be by majority.

Notice of the meetings shall be given to Commission members and to the Tribal

Council at least five 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 years.

2. The alternate Commissioner shall not attend any meetings of the Commission

unless attendance is necessary to establish a quorum. The alternate

Commissioner shall receive all copies of meeting minutes and the Commission

shall keep the alternate Commissioner apprised of the activities, decisions and

actions of the Commission.

11.5.25 Reporting

1. The Commission shall cause a report, approved by the Commission, to be

submitted each month by the fifteenth day of the following month to the Tribal

Council to include information on each of the Commissions responsibilities. The

monthly report shall include a financial statement for the month just ended and a

cumulative report to the Tribal Council twice annually on the performance of the

Tribal department or any approved manager or management company with

whom the Tribe or its authorized agent has an approved contract.

11.5.26 Annu& Audits

1. The Tribal Gaming Commission shall cause to be conducted annually an

independent audit of its Class II and Class Ill gaming operations and shall

submit the resulting audit reports to the Tribal Council and 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

16
and not subject to disclosure without the express written approval of the Tribal

Gaming Commission.

2. Audit(s) shall be conducted by an independent auditing firm, selected at the

discretion of the Gaming Operators Chief Financial Officer or the Tribal Gaming

Commission on the Gaming Operators behalf. Nothing in this paragraph shall

prohibit the annual audit of Tribal gaming activities from being encompassed

within the Tribes existing audit system.

3. All gaming related contracts which result in the purchase of supplies,

services, or concessions in excess of Twenty five Thousand Dollars

($25,000.00) annually, except for professional, legal or accounting contracts,

shall be specifically included within the scope of the annual independent audits.

11.5.27 Gaming Inspectors

1. The Tribal Gaming Commission shall employ as many Tribal Gaming

Inspectors as it deems necessary to ensure full enforcement of this Ordinance.

2. 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 Ordinance and

I.G.R.A.

3. At least one Tribal Gaming Inspector shall be present in the Class III 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 Ordinance and with the Tribal/State Gaming

Compact.

4. Tribal Gaming Inspectors shall immediately report to the Tribal Gaming

Commission any violation of this Ordinance, the Tribal/State Gaming Compact,

I.G.R.A. or other law, ordinance or regulation by the Gaming Operation, a

gaming employee or any person on the premises, whether or not associated with

the Gaming Operation.

5. The Tribal Gaming Commission shall forward a report of any Class III Gaming

violation to the State Gaming Agency on a continuing basis.

11.5.28 Investigation of Violations and Sanctions

1. The Tribal Gaming Commission shall investigate any reported violation of this

Ordinance, the Tribal/State Compact provisions or any other applicable law,

ordinance or regulation.

17
2. In the event a violation is found, the Tribal Gaming Commission shall require

the Gaming Operato,r or manager to correct the violation upon such terms and

conditions as the Commission determines is necessary. In addition, the Tribal

Gaming Commission may impose fines or other sanctions as provided in this

Ordinance against any gaming employee or any person directly or indirectly

involved in, or benefiting from, the violation.

3. The Tribal Gaming Commission shall forward copies of all completed

investigation reports and final dispositions concerning Class Ill gaming violations

to the State Gaming: Agency on a continuing basis.

4. 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.

11.5.29 Meetings with State Gaming Agency

1. The Tribal Gaming Commission shall meet with the State Gaming Agency at

least once a year, and on a quarterly basis for the first twelve (12) months after

the execution of the Tribal/State Gaming Compact, for the purpose of reviewing

existing practices and examining methods to improve the regulatory program

created by the Tribal/State Gaming Compact.

2. The Tribal Gaming Commission shall follow the protocol established in the

Tribal/State Gaming Compact in initiating and conducting the Agency meeting.

11.5.30 Gaming Facility

1. 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 codes, safety codes and building codes.

2. The Tribal Gaming Facility shall be subject to inspection to insure

compliance, annually or on such basis as the Tribal building inspector, or if

none, the Tribal Gaming Commission, determines is necessary and appropriate.

11.5.31 Operation of Class II Gaming Facility

1. The Tribal Gaming Operator shall obtain a Facility license as a condition of

operating a Class II Gaming Facility.

2. Class II 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 Tribes sole

18
discretion, and 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

Tribes sole discretion.

3. Prior to commencing operation of a Class II game or making any material

change in the operation, the Tribal Gaming Operator shall:

a. Notify the Tribal Gaming Commission of the proposed hours and days

its facility will be open, and the hours and days gaming will be conducted.

b. The proposed schedule shall be approved unless the Tribal Gaming

Commission notifies the operator or manager of its objection(s) within fifteen (15)

days of its receipt of the proposed schedule.

c. If the Tribal Gaming Commission makes an objection(s), it shall state

its reason(s) and the change(s) necessary, and the operator may submit a

revised proposal accommodating the Commissions objection(s), or may request

an opportunity to rebut the objection(s).

d. The Tribal Gaming Operators submission of a revised schedule which

incorporates and accommodates the Tribal Gaming Commissions objection(s),

shall be deemed approved upon its submission.

e. If the Tribal Gaming Operator requests an opportunity to rebut then,

within fifteen (15) days of receiving the request, the Tribal Gaming Commission

shall set a date, time and place for a conference with the operator. The Tribal

Gaming Commission shall issue its decision within fifteen (15) days after the

occurrence of the conference. The Tribal Gaming Commissions decision shall

be final and not subject to further appeal.

4. A schedule of the Class II games to be conducted must be conspicuously

posted at each entrance to the Class II Gaming Facility each week in which

games will be conducted. The schedule must include a statement of the prizes

offered for each game.

5. The number of person permitted to play any Class II game shall be

determined by the Tribal Gaming Operator as is appropriate, provided, the

number of people permitted in any Class II Gaming Facility or in any room within

the Facility shall not exceed the limitation regarding maximum occupancy

permitted under the applicable fire, building, or other safety codes or standards.

6. The number of people permitted to play any Bingo game shall not exceed the

number of seats available in the room(s) in which the game is being played.

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7. No person may loiter in any room in which a Bingo game is being played.

Persons entering any room in which a Bingo game is being played must be a

player, accompanying a player, a facility employee, a food facility patron or a

persons present by authority of the Tribal Gaming Commission for authorized

purposes.

8. The Tribal Gaming Operator shall provide the game cards to be used for

each Bingo game conducted and each card shall be marked to indicate that the

issuing facility is the Tribal Class II Gaming Facility.

9. Special Bingo cards must be issued separately from regular Bingo cards, and

must be specially marked to indicate the particular Special Bingo game,

including date and the facility of issuance. In the case of computer generated

cards, the computer must be programmed to lock on a card at the start of the

game, prior to the calling of the first number or designated symbol, so as not to

permit altering or changing of the card during the game, and every winning card

can be verified. A Special Bingo card shall be valid only for the designated

game.

11.5.32 Operation of Class Ill Gaming Facility

1. The Tribal Gaming Operator of a Class Ill gaming facility shall obtain a

Facility license as a condition of operating a Class Ill Gaming Facility.

2. Class Ill 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.

3. Prior to commencing operation of a Class III game or making any material

change in the of operation, the Tribal Gaming Operator of the Class Ill Gaming

Facility shall:

a. Notify the Tribal Gaming Commission of the proposed hours and days

its facility will be open, and the hours and days gaming will be conducted.

b. The proposed schedule shall be approved unless the Tribal Gaming

Commission notifies the Tribal Gaming Operator of its objection(s) within fifteen

(15) days of its receipt of the proposed schedule.

c. If the Tribal Gaming Commission makes an objection(s), it shall state

its reason(s) and the change(s) necessary, and the Tribal Gaming Operator may

submit a revised proposal accommodating the Commissions objection(s), or

may request an opportunity to rebut the objection(s).

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d. The Tribal Gaming Operators submission of a revised schedule which

incorporates and accommodates the Tribal Gaming Commissions objection(s),

shall be deemed approved upon its submission.

e. If the Tribal Gaming Operator requests an opportunity to rebut then,

within fifteen (15) days of receiving the request, the Tribal Gaming Commission

shall set a date, time and place for a conference with the Operator. The Tribal

Gaming Commission shall issue its decision within fifteen (15) days after the

occurrence of the conference. The Tribal Gaming Commissions decision shall

be final and not subject to further appeal.

11.5.33 Record Maintenance

1. The Tribal Gaming Operator shall maintain accurate and up to date records

for each Class II and Class Ill gaming activity conducted.

2. Records for each Class II and Class Ill gaming activity shall include records

of:

a. 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;

b. all gaming machine testing, malfunctions, maintenance and repairs:

c. personnel;

d. complaint of patrons and resolutions thereof;

e. in house investigations of incidents or accidents of any kind;

f. actions by the Gaming Facility against players or facility visitors;

g. actions by the Gaming Facility against or reprimanding employees.

h. tax records or information provided to the Tribal, State or Federal

Government as required by Tribal or Federal law.

3. Records for each Class Ill gaming activity shall also include any information

required to be kept under the terms of the Tribal/State Compact.

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11.5.34 Prohibition on Per Capita Payments

1. 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 I.G.R.A.

25 U.S.C. section 2710(b) (3).

11.5.35 Prohibition on Minors. Employees

1. No person under the age of eighteen (18) years shall be permitted to play

any Class Ill game.

1. No person under the age of eighteen (18) years shall be permitted in any

area of a Class II or Class Ill Gaming Facility which has been designated for

pari-mutuel or off track betting activities.

2. Where alcoholic beverages are offered in any Class II or Class Ill Gaming

Facility, no person under the age of twenty-one (21) shall be permitted on the

gaming floor of that Gaming Facility during actual hours of operation.

3. No person employed by a Class II or Class Ill Gaming Operation may play

any game conducted in any Gaming Facility.

4. No person who assists in or holds, operates or conducts a Class II or Class Ill

Gaming Operation may play any game conducted in any Gaming Facility.

11.5.36 Prohibition on Firearms

1. No person shall possess firearms within any Class II or Class Ill Gaming

Facility, except as provided in this section. The Tribal Gaming Commission shall

place a notice of this prohibition near the entrance to each Gaming Facility. This

prohibition does not apply to Tribal Gaming Inspectors, 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 co-operative, mutual aid, cross deputization

or memorandum of understanding agreement entered into with the Tribe.

11.5.37 Bona Fide Employees

1. All person involved in the conduct of Class II or Class Ill gaming must be a

bona tide employee of the Tribal Gaming Operator.

11.5.38 Identification Tags

1. All persons assisting in, operating or conducting any Class II or Class Ill

game shall wear in plain view and affixed to their uniforms, a legible

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identification tag issued by the Tribal Gaming Commission, which includes such

persons photograph, first name, an identification number unique to the

individuals Tribal gaming license, a Tribal seal or signature, and a date of

expiration.

11.5.39 Prizes. Taxing and Reporting to the Internal Revenue Service

1. Provisions of the Internal Revenue Code of 1986, as amended, concerning

the taxation and reporting of withholding of taxes with respect to prizes or

winnings from gaming or wagering pursuant to the operation of Class II or Class

ill gaming operated on the Port Madison Reservation shall apply to the Tribes

gaming operations.

11.5.40 Assignment. Forfeiture of Prizes

1. 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.

2. Any unclaimed prize of a Class II or Class III Gaming Activity shall be

retained by the Gaming Operator for ninety (90) days after the prize is available

to be claimed. 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 awarded to the

Tribe.

3. Any consideration paid by and all rights to any prize won by a person under

the age of eighteen (18) years or by an employee while on duty or in uniform

shall be forfeited as a violation of Section 11.5.35 of this Ordinance. The

amount of any such consideration and/or prize shall be awarded to the Tribe.

11.5.41 Licenses for Gaming Employees. Facilities. Financiers and Contractors

1. No licensing shall be required for Class I gaming.

2. The Tribal Gaming Commission shall have the sole and exclusive authority to

license Class II gaming operations on Suquamish Indian Lands which are now or

may hereafter be permitted by federal law, this Ordinance, the Tribal/State

Compact or court decision.

3. The Tribal Gaming Commission shall have the sole and exclusive authority to

license Class Ill Gaming operations on Suquamish Indian Lands which are now

or may hereafter be permitted by federal law, this Ordinance, the Tribal/State

Compact or court decision.

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4. 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 II or Class Ill gaming enterprise operated on Suquamish

Indian Lands.

5. The Tribal Gaming Commission shall issue the following licenses for gaming

on Suquamish Indian Lands:

a. Gaming Operation License

b. Financier License

c. Primary Management Official License

d. High Security License

e. Low Security License

f. Facility License

g. Class II Gaming Contractors License

h. Class Ill Gaming Contractors License

i. Other Licenses as necessary and appropriate

6. Licenses shall indicate the type and class of License on the face of the

License. A combined Class II and Class Ill license may be issued if appropriate.

11.5.42 License Fees: Application and Renewal Fees

1. Any person or entity making application for a Tribal gaming license pursuant

to this Ordinance 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 Ordinance.

2. 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,

together with a renewal fee equivalent to one hundred percent (100%) of the

then prevailing license fee.

3. 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 and the State Gaming Agency certifies that the prospective

employee is in good standing and the employee consents to disclosure of his,

her or its records to the Tribal Gaming Commission.

4. 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 fee sha!l reflect the costs incurred by the Tribal Gaming

Commission associated with the issuance of gaming licenses, including

background checks.

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5. 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.

11.5.43 Duration and Renewal of Tribal Gaming License

1. Each Tribal gaming license shall be effective for one year from the date of

issuance.

2. A licensed employee or 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.

3. 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 re-submit historical data already available to

the Tribal Gaming Commission.

4. Additional background investigation by the Tribal Gaming Commission shall

not be required unless the Commission discovers new information concerning

the applicants continuing suitability or eligibility for a Tribal gaming license.

5. In the event the Tribal Gaming Commission denies a renewal application, the

Commission shall notify the applicant in writing of the denial determination and

forward of copy of the statement to the National Indian Gaming Commission and,

for Class Ill gaming license renewal denials, to the State Gaming Agency in

accordance with the Tribal/State Gaming Compact.

11.5.44 Privacy Act Notice on Application Forms

1. 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 U.S.C. 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 be disclosed to appropriate Federal, Tribal,

25
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 tribes being unable

to hire you for a primary management official, high security

employee 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.

2. The Tribal Gaming Commission shall notify existing Key Employees, High

Security Employee and Primary Management Officials in writing that they shall

either:

a. Complete a new application form which contains a Privacy Act notice;

or

b. Sign a statement which contains the Privacy Act notice and consent to

the routine use described in that notice.

11.5.45 False Statement Notice on Application Forms

1. 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.

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

2. The Tribal Gaming Commission shall notify existing Key Employees, High

Security Employees and Primary Management Officials in writing that they shall

either:

a. Complete a new application form which contains a notice regarding

false statements; or

b. Sign a statement which contains the notice regarding false statements.

26
11.5.46 License: Qualifications and Requirements

1. 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 I.G.R.A.

2. 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 I.G.R.A.

3. 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:

a. Full name, other names used (oral or written), maiden name, mothers

maiden name,

b. social security number(s),

c. date and place of birth,

d. citizenship,

e. gender,

f. all languages (spoken or written);

g. Current and for the previous five (5) years: business and employment

positions held and the address of each such business or employer;

h. Current and for the previous five (5) years: ownership interests in any

business and the address of each such business;

i. Current drivers license number and any other drivers license held in

the past five years;

j. 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);

k. 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 (g) of this

section;

I. Current business and residence telephone numbers;

m. A description of any existing and previous business relationships with

the gaming industry generally, including ownership interests in those

businesses;

n. 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;

27
o. 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;

p. For each felony conviction or ongoing prosecution, the charge, the

name and address of the court involved, and the date and disposition, if any;

q. For each misdemeanor conviction or ongoing 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;

r. For each criminal charge (excluding minor traffic charges), whether or

not there is a conviction, if such criminal charge is within ten (10) years of the

date of the application and is not otherwise listed pursuant to paragraph (p) or

(q) of this section, the criminal charge, the name and address of the court

involved and the date and disposition, if any;

s. Two current photographs;

t. Any other information the Tribal Gaming Commission deems relevant;

and

u. Fingerprints consistent with procedures adopted by the Tribal Gaming

Commission in accordance with 25 C.F.R. Section 522.2(h). The Suquamish

Gaming Commission shall engage the Suquamish Tribal Police or other qualifed

law enforcement agency to complete the fingerprinting license applicants.

11.5.47 Completion of State Certification Application

1. Each applicant for a 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.

2. The Tribal Gaming Commission shall transmit a copy of all Class Ill Gaming

licenseapplication materials for each applicant, together with a set of fingerprint

cards, a current photograph, and the fee required, to the State Gaming Agency.

11.5.48 Request for Temporary State Certification of Gaming Employees

1. 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 Agencys

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 States certification requirements.

28
2. Any temporary certification granted shaH become 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.

11.5.49 Background Investigation Procedures

1. 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 in the course of the investigation.

2. The Tribal Gaming Commission shall be responsible for the conduct of

background investigations, and for making suitability determinations for

employees of the Class II Gaming Operation.

3. 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 II Gaming Operation. The Tribal Gaming

Commission may utilize the National Indian Gaming Commission or the State

Gambling Commission Enforcement Agency, as may be required by I.G.R.A. or

the Tribal State Gaming Compact, to process the fingerprints.

4. The Tribal Gaming Commission is authorized to conduct background

investigations of Class Ill 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 Ill Gaming license.

5. 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:

a. Verification by written or oral communication of information submitted

by the applicant;

b. Inquiry into the applicants prior activities, criminal record, if any, and

reputation, habits and associations.

c. Interviews with a sufficient number of knowledgeable 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

applicants eligibility for employment in the Gaming Operation; and

29
d. Documentation of the disposition of all potential problem areas shall

be noted and disqualifying information will be obtained.

6. The Tribal Gaming Commission shall review and approve the investigative

work done. If, after investigation, the Tribal Gaming Commission determines

that employment of the applicant poses a threat to the public interest or to the

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

unfair, or illegal practices and methods and activities in the conduct of gaming, a

tribal gaming operation shall not employ that applicant in a Key Employee, High

Security Employee or Primary Management Official position.

7. 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 is the subject of a civil judgment in any jurisdiction that is based

upon facts which constitute the elements of any of the following crimes:

a. Aggravated murder; murder in the first degree;

b. Assault, in the first or second degree;

c. Kidnapping in the first degree;

d. Rape in the first degree;

e. Sodomy in the first or second degree;

f. Unlawful sexual penetration in the first degree;

g. Sexual abuse in the first or second degree;

h. Any crime related to child pornography;

i. Forgery in the first degree;

j. Possession of a forgery device;

k. Unlawful factoring of a credit card transaction;

I. Falsifying business records;

m. Sports bribery or receiving a sports bribe

n. Making a false financial statement

o. Obtaining execution of a document by deception

p. Theft by extortion;

q. Arson in the first degree;

r. Computer crime;

s. Robbery in the first or second degree;

t. Bribery;

u. Bribing a witness;

v. Perjury;

w. Any theft accomplished by manipulation of records, e.g.

embezzlement;

x. Promotion of unlawful gambling;

y. Conviction of any crime if the original charge was promotion of

unlawful gambling, and a lesser charge was plea-bargained;

z. Tax evasion.

30
8. The Tribal Gaming Commission shall deny a gaming license to any

prospective Key Employee, Primary Management Official or High Security

Employee who:

a. 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 (7) of this Section;

b. had been employed by any other person who has been convicted of

one of the crimes listed in subparagraph (7) of this Section, if the prospective

employee or official was in any way involved in or aware of the criminal activity

as it occurred.

c. fails to disclose any material fact to the Tribal Gaming Commission or

its authorized agents during a background or security investigation.

d. who misstates or falsifies a material fact to the Tribal Gaming

Commission

during a background or security investigation.

e. is ineligible for any other reason the Tribal Gaming Commission

deems sufficient, provided such reason is consistent with the Tribal/State

Compact and this Ordinance.

9. In determining 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:

a. Whether the applicant has been convicted of any crime other than a

crime listed in subparagraph (7) in any jurisdiction;

b. Whether the applicant has associated with persons or businesses of

known criminal background, or persons disreputable character, that may

adversely affect the general credibility, honesty, integrity, security, fairness or

reputation of the Gaming Operation; or

c. Whether there is any aspect of the applicants past conduct that the

Tribal Gaming Commission determines would adversely affect the honesty,

integrity, security or fairness of the Gaming Operation.

31
11.5.50 Denial of License Application

1. The Tribal Gaming Commission shall deny a gaming license to any

prospective Low Security Employee who has committed any of the crimes listed

in subsection (a) through (e) of 11.5.49 (7).

2. The Tribal Gaming Commission may deny a gaming license to any

prospective Low Security Employee who has committed any of the crimes listed

in subsection (f) through (z) of 11.5.49 (7).

3. 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 Ordinance, I.G.R.A. or the

Tribal/State Gaming Compact;

3. Fails 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 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 (12) months prior to the date on which the Tribe received the application;

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.

11.5.51 Waiver of Disqualifying Criteria

1. If a prospective Key Employee, Primary Management Official, High Security

Employee or Low Security Employee is disqualified for icensing or employment

under the provisions of 11.5.49 above, 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 meeting to confer on the waiver of an applicants disqualification in

accordance with the terms of the Tribal/State Compact.

2. In order to waive a disqualification of licensing or employment of any

prospective Key Employee, Primary Management Official, High Security

32
Employee or Low Security Employee, both the Tribal Gaming Commission and

the State must agree on the waiver.

3. Waiver of disqualification of licensing or employment may be based on one

or more of the following circumstances:

a. Applicants age at the time of any conviction;

b. Passage of time since conviction for the crime committed;

c. Severity of the offense committed;

d. Applicants overall criminal record;

e. Applicants current reputation and standing in the community;

f. The nature of the position for which the application is made.

11.5.52 Gaming Applications by Tribal Members. Indians

1. 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 to

the 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.

2. 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 non-gambling related offenses if the charge or conviction occurred prior to the

United States Supreme Court rulings uphoding State jurisdiction over Indians for

such offenses as, but not limited to, (1) hunting or fishing offenses; (2) cigarette

sales offenses; (3) alcohol sales offenses.

3. An Indian from a federally recognized Indian Tribe who has been charged or

convicted in cases involving the exercise of non-gambling related trust or treaty

right 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.

11.5.53 Denial Final

1. Denial of employment or a license by the Tribal Gaming Commission is final.

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11.5.54 Procedures For Forwarding Applications And Reports of Class II

Gaming License Investigations To The National Indian Gaming Commission

1. 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 employment and conduct a background investigation and make

the determination referred to in 11.5.49 of this Ordinance.

2. No Key Employee, Primary Management Official, High Security Employee or

Low Security Employee may be employed at the Tribal Class II Gaming Facility

for longer than ninety (90) days without the necessary and applicable license.

3. The Tribal Gaming Commission shall prepare and forward to the NIGC an

investigative report on each Class II gaming license application background

investigation it conducts. The investigative report shall include all of the

following:

a. Steps taken in conducting a background investigation;

b. Results obtained;

c. Conclusions reached; and

d. The bases for such conclusions.

4. Along with the report, the Tribal Gaming Commission shall submit a copy of

the eligibility determination made under 11.5.49 (7) of this Ordinance.

5. If a license is not issued to an applicant, the Tribal Gaming Commission:

a. Shall notify the NIGC;

b. May forward copies of its eligibility determination and investigative

report,

if any, to the NIGC for inclusion in the Indian Gaming Individuals

Records System.

6. With respect to Key Employees, High Security Employees and Primary

Management Officials, the Tribal Gaming Commission shall retain applications

for employment 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.

11.5.55 Granting a Class II Gaming License

1. If, within a 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

34
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.

2. 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 (30) day period under section

11.5.55 (1) until the Chairman of the NIGC receives the additional information.

3. If, within the thirty (30) 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 shall make the final decision on whether

to issue a license to the applicant.

11.5.56 License Suspension and Revocation

1. The Tribal Gaming Commission shall immediately suspend, and after notice

and hearing, revoke the license issued pursuant to this Ordinance to any person

or entity who is or becomes ineligible to hold a license under this Ordinance or

who violates any provision of this Ordinance, of 25 U.S.C. Section 2701 et. seq,

or of 18 U.S.C. Section 1163 or any rule or regulation promulgated and adopted

thereunder.

2. If, after issuing a license, the Tribal Gaming Commission receives from the

National Indian Gaming Commission reliable information indicating that the

applicant or employee does not meet the standards established and set forth in

this Ordinance or is ineligible to hold a license under this Ordinance, the

Commission shall immediately suspend such license, and after notice and

hearing, may revoke such license.

3. Upon suspending a license, the Tribal Gaming Commission shall promptly set

a date, time and place for a revocation hearing and give written notice to any

licensee whose licehse has been suspended and include in the notice the

following information:

a. The effective date of the suspension;

b. The reason(s) for the suspension and potential revocation; and

c. The date, time and place of the revocation hearing.

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4. At least five (5) days prior to a revocation hearing, the Tribal Gaming

Commission shall forward to the State Gaming Agency a copy of any notice of

hearing to be held.

5. After conducting the revocation hearing, the Tribal Gaming Commission shall

decide to revoke or to reinstate the gaming license.

6. The Tribal Gamihg Commission shall notify the licensee in writing as to its

decision and send a copy of the decision to the National Indian Gaming

Commission and, in the case of a Class Ill gaming license, to the State Gaming

Agency. The revocation notice shall include the following information:

a. The effective date of the revocation:

b. The reason(s) for the revocation;

c. The right of the licensee to appeal the revocation decision to the Tribal

Court within ten (10) days of the Licensees receipt of the revocation

decision.

11.5.57 Appeal of Revocation Decision

1. A Licensee may appeal the revocation of his or her license to the Tribal Court

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 why the licensee believes the license should not be revoked.

2. Upon receipt of the notice of appeal of the license revocation, the Tribal

Court shall schedule an appeal hearing to be conducted within twenty (20) days

of receipt of the licensees 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.

3. The licensee and the Tribal Gaming Commission may be represented by

legal counsel at the appeal hearing. The licensee and the Tribal Gaming

Commission may present witnesses and evidence in support of their respective

positions and may cross examine witnesses and examine evidence submitted by

the opposing party.

4. The Tribal Court shall issue its decision on the appeal no later than ten (10)

working days following the appeal hearing. The decision of the Tribal Court

shall be final and conclusive and no appeal to a higher court shall be allowed.

5. The Tribal Gaming Commission shall forward to the NIGC of a copy of the

Tribal Courts decision concerning the license revocation.

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11.5.58 Application for Re-licensing

1. 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.

11.5.59 Facility License

1. The Tribal Gaming Commission shall issue a separate license to each place,

facility, or location on Suquamish Indian Lands where Class II or Class Ill

gaming is conducted under this Ordinance.

11.5.60 Facility Inspection

1. The Tribal Gaming Commission shall inspect each Gaming Operation prior to

commencement of operation and annually thereafter to verify its conformance to

the licensing and other requirements of this Ordinance 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 Ordinance or,

as to Class Ill Gaming Activities, the Tribal/State Gaming Compact, the Tribal

Gaming Commission shall send a non-compliance letter to the Gaming Operator

within seven (7) working days after completion of the inspection.

2. Prior to commencement of any gaming operation, the Tribal Gaming

Commission shall, in a joint pre-operation review with the State Gaming Agency,

make an initial verification that all licenses have been issued and that

requirements for such licensing have been met. The joint pre-operation review

shall be conducted no later than ten (10) days prior to the scheduled opening of

the Gaming Facility to the public.

11.5.61 Financier License

1. Any party who extends or intends to extend financing directly to the Gaming

Facility or Gaming Operation shall be subject to the annual licensing

requirements of this Ordinance, I.G.R.A. and/or the Tribal/State Gaming

Compact. Such party shall obtain a Tribal license prior to completing the

financing agreement and annually thereafter so 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.

2. An applicant for a Financier license shall fully disclose to the Tribal Gaming

Commission 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 I.G.R.A. and/or the Tribal/State Gaming Compact. As to Class Ill Gaming

37
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.

11.5.62 Key Personnel List

1. 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 in accordance with the Tribal/State Gaming Compact.

11.5.63 Background Investigation During Employment

1. 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 above, and

to furnish the Commission with copies of all relevant information supporting such

facts. The Tribal Gaming Commission shall review the States report and

supporting materials and dismiss the employee if the report presents facts

establishing that, had the information been known, the Tribal Gaming

Commission would have been required to deny a license and employment to that

employee under the provisions of 11.5.49.

11.5.64 Procedural Manual

1. The Tribal Gaming Commission shall insure that the Primary Management

Officials maintain a procedural manual for employees which includes rules and

regulations of conduct, provides disciplinary standards for breach of procedures

and prohibits violation of this Ordinance, I.G.R.A., the Tribal/State Compact

and/or other applicable Federal or Tribal law.

11.5.65 Contracts with Manufacturers and Suppliers

1. 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 Ill game before offering such game to the public for play.

2. The Tribal Gaming Commission may require that Class Il Gaming Contractors

be subject to a background investigation by the Tribal Gaming Commission

before any contract for goods and services are executed.

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3. The Tribal Gaming Commission may require that Class Ill Gaming

Contractors be subject to a background investigation by the Tribal Gaming

Commission before any contract for goods and services are executed. The

Tribal Gaming Commission shall submit any proposed Class III Gaming Contract

to the State for a background investigation of the contract licensee applicant in

accordance with the terms of the Tribal/State Compact.

4. All Class II 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.

5. Primary Management Officials shall not enter into any Class II 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.

6. 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 contractors business and

financial records.

7. If a Class Ill Gaming Contract license applicant is currently licensed or

certified by the State Gaming Agency to supply goods or services to any other

tribe in the State, the Tribal Gaming Commission may immediately issue a

Contract license to supply the same services or goods to the Tribal Gaming

Operation

8. In the event a Class Ill Gaming Contractor provides or intends to provide less

than twenty five thousand dollars ($25,000.00) worth of gaming services

annually, the Tribal Gaming Commission, upon mutual agreement with the State

Gaming Agency, the certification and licensing requirement may be waived.

11.5.66 Criteria for Denial of Class II or Class Ill Gaming Contract License

App) ication

1. The Tribal Gaming Commission shall deny a Class II or Class Ill Gaming

Contract License application:

a. If the applicant fails to disclose any material fact to the Tribal Gaming

Commission or the State or their authorized agents during a background or

security investigation;

b. If the applicant misstates or falsifies a material fact to the Tribal

Gaming Commission or the State or their authorized agents during a background

or security investigation; or

39
c. If a person who is unqualified or disqualified to be a Class II or Class

III 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;

d. If the applicant demonstrates inadequate financing for the business

proposed under 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 financing is in an amount to ensure the likelihood of

success in the performance of the contractors duties and responsibilities; or

e. If the applicant or its employees fail to demonstrate business ability

and experience to estabish, operate, and maintain the business for the type of

contract for which application is made.

f. For any other reason the Tribal Gaming Commission deems sufficient.

11.5.67 No Interest in Electronic Gaming Devices

1. No person applying for a Class II or Class Ill 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 the devices are approved and certified by another state Lottery,

gambling, or gaming control agency, Indian Tribe, National Indian Gaming

Commission, or foreign country which has jurisdiction to approve that activity,

and such ownership, manufacture, possession, operation, or income is disclosed

to the Tribal Gaming Commission.

11.5.68 Rejection of License Application

1. The Tribal Gaming Commission may reject an application for either a Class II

or Class lii Gaming Contract License if the applicant has not provided all the

information requested in the application.

11.5.69 Criteria for Denial of Major or Sensitive Procurement Contract

Application

1. The Tribal Gaming Commission shall deny a Class II or Class III Gaming

Contract application for a Major or Sensitive Procurement if the applicant, or any

Owner, Principal or Key Employee of the applicant:

40
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 described in 11.5. 49

subparagraphs (a) through (z).

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 subparagraphs (a) through (z).

c. Was employed by any other person who has been convicted of one of

the crimes listed in 11.5.49 subparagraphs (a) through (z), if the applicant,

Owner, Principal or Key Employee was in any way involved in or aware of the

criminal activity as it occurred.

11.5.70 Criteria for Denial of Minor Procurement Application

1. The Tribal Gaming Commission shall deny a Class II or Class Ill 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(7) subparagraphs (a)

through (e); or

b. is the subject of a civil judgment based upon facts which constitute the

elements of a crime listed in 11.5.49(7) subparagraphs (a) through (e).

11.5.71 Contractor Report Requirements

1. 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.

2. All licensed Class Ill Gaming Contractors shall submit to the Tribal Gaming

Commission and the State any financial and operating date requested by the

Tribal Gaming Commission or the State or their authorized agents.

3. The Tribal Gaming Commission may specify the frequency and a uniform

format for the submission of such data.

4. 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.

5. 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.

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11.5.72 Duration of Contractor License and Renewal

1. 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.

2. Class II Gaming Contractors shall comply with all LG.R.A. requirements for

license renewals.

3. Class II Gaming Contractors shall comply with all Tribal/State Gaming

Compact requirements for license renewals.

11.5.73 Revocation of Contractor License

1. 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 Ordinance.

11.5.74 Fee for Approval of Employment License and Contracts

1. The Tribal Gaming Commission shall set fees for the conduct of its

background investigations and for its review of employee and contractor license

applications.

2. The Tribal Gaming Commission shall additionally collect fees from 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.

3. Should actual costs incurred by the State exceed the fees set forth in the

States fee schedule, pursuant to Section V.1 of the Tribal/State Compact, and

assesses those additional costs to the Tribal Gaming Commission during or after

the investigation, the Tribal Gaming Commission shall collect such costs from

the license applicant.

4. The applicant shall be required to pay all license fees in full prior to the

issuance of the contract or license. License fees are non-refundable.

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11.5.75 Management Contract

1. 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 with the Tribal Gaming Operator which allows it to

conduct Class Ill Gaming on Suquamish Indian Lands.

2. 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.

11.5.76 Complaint Procedure

1. 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 Ordinance, the Tribal/State Compact, or the

standards of management and operation adopted pursuant to this Ordinance,

provided that prior to lodging a complaint with the Commission, the customer has

exhausted the internal complaint remedy procedures of the Gaming Operation.

2. The Gaming Operation shall post a notice in the Gaming Facility advising

customers of its dispute resolution procedure and shall have claim forms easily

accessible to its customers.

3. A customer with a complaint shall complete a written claim 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 have three (3) days to

prepare and deliver its written response to the customer. The Tribal Gaming

Operator shall provide a copy of the customers statement and its response to

the Tribal Gaming Commission.

4. In the event the customer is dissatisfied with the Tribal Gaming Operators

response, the customer may request a review 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 Operators response.

5. The Commission, through a Commission Inspector, shall review the complaint

and the Tribal Gaming Operators response. The Inspector shall conduct

whatever investigation it deems necessary and shall report its findings and make

a recommendation to the Commission. The Commission may set a hearing on

the matter or may make a decision based solely on the Commission Inspectors

43
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 shall fully consider and complete its final review of the dispute

within twenty (20) days of receiving the customers request.

6. Should the Commission decide to hold a hearing, it shall provide written

notification of the date, time and place for the hearing to the customer and the

Tribal Gaming Operator at least five (5) days prior to the hearing conduct a

hearing and receive evidence. 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 customers complaint with evidence or testimony.

7. The liability of the Tribal Gaming Operator~in any dispute under this Section

shall be limited to the amount of the alleged winnings. No complainant shall be

entitled to any other award, including but limited to special or punitive damages,

or damages for mental distress.

8. The decision of the Commission shall be final and not subject to judicial

review.

11.5.77 Recording and Reporting of Incidents

1. 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.

2. Each incident entered of record shall be assigned a sequential number and,

at a minimum, the following information shall be recorded in indelible ink in a

bound notebook from which pages cannot be removed and in which each side of

each page is sequentially numbered:

a. the assigned number;

b. the date;

c. the time;

d. the nature of the incident;

e. the name, address and telephone number of all persons involved in

the incident;

f. the name and identification number of the Tribal Gaming Inspector or

Commission employee assigned responsibility for recording the occurrence.

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11.5.78 Grimes; Penalties

1. It shall be unlawful for any person to operate, perform, supervise, hold,

conduct or participate in gaming on Suquamish Indian Lands in violation of the

provisions of this Ordinance or in violation of rules or regulations promulgated

pursuant to this Ordinance;

2. It shall be unlawful for any person to conduct any gaming activity for which a

license is required by this Ordinance, by LG.R.A, or, in the case of Class III

gaming activities, the Tribal/State Gaming Compact, without the required license

or licenses;

3. It shall be unlawful for any person to knowingly make a false statement in an

application for an employment or a license application required in this

Ordinance, by I.G.R.A. or, in the case of Class III gaming activities, the

Tribal/State Gaming Compact;

4. It shall be unlawful 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 Ill gaming activities, by any person authorized to inspect

pursuant to Tribal law, LG.R.A. or the Tribal/State Gaming Compact, any book,

record, or document required to be maintained or made by Tribal law, or Federal

law or the Tribal/State Gaming Compact;

5. It shall be unlawful for any person to bribe or attempt to bribe, or 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.

6. It shall be unlawful for any person operating any gaming activity on

Suquamish Indian Lands, directy or directly, to employ any device, scheme, or

artifice to defraud, to make any untrue statement of a material fact or to mislead

by omitting a material fact, or to engage in any act practice or course of

operation which would operate as a fraud or deceit upon any person.

7. It shall be unlawful for any person participating in any gaming activity on

Suquamish Indian Lands, directly or indirectly, to employ or attempt to employ

any device, scheme, or artifice to defraud any other participant or any operator;

to engage in any act, practice or operation which would operate as a fraud or

deceit upon any other participant or any operator;

8. It shall be unlawful 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.

45
9. It shall be unlawfUl 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, increasing or decreasing a bet or

determining the course of play contingent upon that event or outcome.

10. It shaH be unlawful for any person to claim, collect or take, or attempt to

claim, collect or take, money or anything of value in or from a 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.

11. It shall be unlawful 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 Ordinance or the Tribal/State Gaming Compact

with the intent that the other person play or participate in that gambling game.

12. It shall be unlawful 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.

13. It shall be unlawful 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.

14. It shall be unlawful for any person to knowingly to use other than coins or

tokens approved by the Tribal Gaming Commission or 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 be used in the gambling game.

15. It shall be unlawful for any person to engage in any act, practice or

operation or possess any device while participating in 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 Ordinance, 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.

16. It shall be unlawful for any person to any person having a direct or indirect

financial interest in a management contract, a person having management

responsibility for a management contract, or their agents to significantly and

unduly influence the adoption of an ordinance or resolution regarding Class II or

Class Ill gaming.

46
17. It shall be unlawful for any person to give or provide, or offer to give or

provide, directly or indirectly to any Tribal Council member, Tribal Gaming

Commission member, Primary Management Official, Key Employee, High

Security Employee or Low Security Employee, Contractor or any person with a

direct or indirect interest in the operation of Class II or Class Ill gaming or any

person who licenses, regulates, or enforces laws related to gaming activities on

Suquamish Indian Lands, any compensation or 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 except as authorized by this Ordinance, the rules and

regulations adopted pursuant to this Ordinance, the I.G.R.A. and, in the case of

Class Ill gaming activities, the Tribal/State Gaming Compact.

18. It shall be unlawful for any person to knowingly cause, aid, abet, or conspire

with another to cause any person to violate any provision of the Ordinance, any

rules or regulations adopted by the Tribal Gaming Commission, or, in the case of

Class Ill Gaming, any provision of the Tribal/State Gaming Compact.

19. It shall be unlawful for any person to engage in, be employed in, manage or

operate any professional gambling activities in concert with any number of

persons, or any wager amounts.

20. For the purposes of this Ordinance, the word Professional 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; or

engages in bookmaking, conducts a lottery, or acts in any manner to create or

establish a particular game, contest, scheme, device, or engages 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 arranges 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 Ordinance and

makes no effort to prevent its occurrence or continuation.

11.5.79 Criminal Fines and Penalties

1. Any non- Indian person who willfully or knowingly violates any provision of

this Ordinance or any rule or regulation promulgated thereunder, shall be guilty

of a criminal offense punishable by a fine not to exceed five hundred dollars

($500) for each violation or for each day the violation continues or by

imprisonment for not more than six (6) months or both.

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2. Any Indian who violates a provision of this Ordinance or of other Tribal law

relating to gaming activities may be fined not more than $5,000 and/or

imprisoned for up to one year for each violation.

3. Any non-Indian who violates a provision of this Ordinance may be excluded

from Indian Lands within the jurisdiction of the Suquamish Indian Tribe.

4. Any property, equipment, material or supplies used in the commission of a

violation of a provision of this Ordinance 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.

5. A separate violation occurs on each day that a violation arises or continues.

11.5.80 Civil Fines and Penalties

1. Every activity relating to the subject matter of this Ordinance, held and/or

conducted or engaged in within the Port Madison Reservation or Suquamish

Indian Lands which is contrary to the provisions of this Ordinance is hereby

prohibited and declared unlawful and a public nuisance, the remedy to which

shall be an injunction, abatement and/or civil fines not to exceed $5,000.00 per

day, per violation, and/or the cancellation of any license or permit issued to or

relating thereto, or all, except where authorized by the Commission.

2. Any person or entity who violates any term or condition of any license issued

pursuant to this Ordinance or any provision of a management contract issued

pursuant to this Ordinance may be assessed a civil penalty by the Tribal Gaming

Commission. Such penalty may be assessed only after the person or entity has

been given notice and an opportunity to be heard before the Tribal Court. Each

violation shall be treated separately and may be assessed as a separate

violation.

3. The penalty assessed pursuant to Subsection 1 above, shall not exceed

$5,000 per violation or twice the amount of any grand prize awarded in a gaming

activity which is directly associated with the violation, whichever is greater.

4. Civil penalties provided for in this Section may be imposed in addition to the

criminal penalties provided for in section 11.5.79 above.

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11.5.81 Jurisdiction

1. The Suquamish Tribal Court shall have exclusive civil and criminal

jurisdiction with respect to Class Il gaming violations of this Ordinance

perpetrated by Native Americans.

2. The Suquamish Tribal Court shall have civil jurisdiction with respect to Class

II gaming violations of this Ordinance perpetrated by non-Indians.

3. With respect to Class lii gaming violations, the Tribal Gaming Commission

may establish enforcement protocols with the State of Washington and other law

enforcement agencies in accordance with the Tribal/State Compact. Nothing in

this Ordinance shall be construed to authorize or require the criminal trial and

punishment by the Tribe of non-Indians except to the extent allowed or required

by any applicable present or future act of Congress or any applicable federal

court decision.

11.5.82 Enforcement

1. Enforcement Through Court Action After a person or entity fails or refuses to

pay a final assessment levied pursuant to 11.5.79 and/or 11.5.80 above, the

Tribal Gaming Commission may proceed to collect the assessment by initiating a

civil action against the person or entity in the Tribal Court or in any other court of

competent jurisdiction. In such civil action, validity and amount of the

assessment shall not be subject to judicial review. The Tribal Gaming

Commission shall be entitled to all remedies in law or equity that are available to

civil litigants generally.

2. Fines as Liens Fines may be established as liens upon specifically described

property involved in a violation of this Ordinance, 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 Auditor where the real 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 later than ten (10) days after

expiration of the notice period, the Tribal Court may order the property sod at

public auction, or forfeited to the Suq varnish Tribe.

11.5.83 Cooperation with Law Enforcement

1. Tribal Gaming Inspectors and Tribal Police Officials may 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 when it

is deemed to be in the best interest of the Tribe to assure that fair, honest and

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honest gaming activities are conducted by the Tribe. As to law enforcement

activities related to Class Ill Gaming, such activities and responsibilities shall be

consistent with and in accordance with the provisions of the Tribal/State

Compact or any amendments thereto.

11.5.84 Removal of Persons from A Gaming Facility

1. Tribal Gaming Inspectors shall have the power and authority to remove or

exclude or cause the removal or exclusion of any person from any Gaming

Facility or surrounding parking area for a period of twenty-four (24) hours, if the

person, in the sole determination of the Gaming Inspector, is causing a

disturbance, acting inappropriately, or is, in any other way, interfering with the

orderly conduct of ordinary business within the Gaming Facility or surrounding

parking areas.

11.5.85 Permanent Exclusion of Persons from a Gaming Facility

1. The Tribal Gaming Commission shall establish a list of persons permanently

excluded from the Gaming Facility who, because of their criminal history or

association with one or more career offenders or career offender organizations,

pose a threat to the integrity of Tribal Gaming Activities.

2. The Tribal Gaming Commission shall have the power and authority to

permanently exclude any person from a Gaming Facility, 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 Facility.

3. The request for permanent exclusion of a person may be brought only by a

Tribal Gaming Commissioner before a properly convened en banc meeting of

the Commissioners. The Commissioners may consider the exclusion request in

an open or a closed meeting, and may or may not, at their complete discretion,

allow the person sought to be excluded, to attend the meeting. Except as

otherwise provided in this Ordinance, the decision of the Commissioners is final

and not subject to review.

4. When the Commission has determined that a person is permanently excluded

from the Gaming Facility, that persons name shall be reported to the Tribal

Gaming Inspectors. 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 any other enforcement agency deemed

appropriate by the Commission to receive such information on, at least, a

quarterly basis.

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5. The Commission, or any of its Gaming Inspectors, shall notify the person

permanently excluded of the Commissions decision in writing, either by

personally delivering the notice to the person or by mailing it by U.S. certified

mail, to the persons last known address.

6. Should the person who has been permanently excluded from the Gaming

Facility be a member of the Suquamish Indian Tribe, that person may request

that the Suquamish Tribal Council review the decision of the Commission, and

make its own independent determination as to the exclusion. The Suquamish

Tribal Councils decision is final and not subject to further review.

7. The Tribal Gaming Commission shall employ its best efforts to keep excluded

persons from entering into its Gaming Facilities.

11.5.86 Tribal Sovereignty and Jurisdiction

1. The Suquamish Indian Tribe, by enactment of this Ordinance, intends to exert

Tribal Sovereignty and jurisdiction on the Port Madison Indian Reservation and

over all 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, except

as authorized under the Tribal/State Compact.

11.5.87 No Waiver of Sovereign Immunity

1. Nothing in this Ordinance shall be deemed to constitute 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.

11.5.88 Non-preemption of Federal Laws

1. 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

Indian gaming activities.

11.5.89 Exclusive Jurisdiction

1. The Suquamish Tribal Court shall have exclusive jurisdiction over the

enforcement of this Ordinance, except to the extent federal law or the

Tribal/State Compact provides otherwise.

11.5.90 Appeals

1. Any person or entity may appeal a final order of the Suquamish Tribal Court,

as provided in the Suquamish Tribal Code.

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11.5.91 Severability-- Construction

1. If any phrase, claUse, part, sentence, provision or section of this Ordinance is

found to be invalid by a court of competent jurisdiction, the remainder of this

Ordinance shall not be affected and shall remain in full force and effect and

continue in effect as if the invalid provision(s) were not a part hereof. If the

operation of any clause, part or section of this Ordinance shall be held to impair

the obligation of a contract or to deny any person any right secured to him or her

by the Constitution of the Suquamish Indian Tribe or of the United States, it is

hereby declared that the remainder of this Ordinance would have nevertheless

been enacted without such invalid clause, part or section.

11.5.92 Contractual Obligations

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

Commission or the Tribal Council in any manner whatsoever to fulfill its complete

contractual obligations related to any subject matter herein.

11.5.93 Incorporation of Tribal/State Compact by Reference

1. The provisions of the Tribal/State Compact is, by this reference, incorporated

into this Ordinance as though fully set forth herein.

11.5.94 Designation of an Agent for Service of Process

1. 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.

11.5.95 Amendment

1. All provisions of this Ordinance are subject or amendment by the Suquamish

Tribal Council. All regulations promulgated by the Commission are subject to

revision, repeal or amendment by the Commission.

11.5.96 Effective Date

1. This Ordinance shall become effective upon adoption by the Suquamish

Tribal Council in accordance with the provisions of the Constitution and Bylaws

of the Suquamish Indian Tribe.

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11 2~1 995 2: 3OPM FROM -

AMI SH TRIBE 3605986295 P. 3

11.5.97 i~epeal of lnconsisj~nt Tribal Law

1. To the extent they~ are inconsistent with this Ordinance, all prior gaming

codes or ordinances,~or other provisions of Tribal Law relevant to gaming, are

hereby repealed and are of no further force and effect and is replaced by this

Ordinance.

CERTIFICATION

The foregoing Ordinance was on Odo ~~4!( ~ , 1995, duly adopted

by a vote of c for and 0 against, by the Suquamish Tribal Council

pursuant to the authority vested in it by the Constitution and Bylaws of the

Suquamish Indian Tribe as indicated in the body hereof.

Attestod to by:

~

Leonard Forsman, Secretary

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