February 1 I, 2009 

Via U. S. Mail and Facsimile 

W. Ron Allen, ChairmadCEO 

Jamestown S'Klallam Tribe 

1033 Old Blyn Highway 

Sequim, WA 98382 

Fax: (360) 683-1 109 

RE: Revision f the Jamestown S'Klallam Tribe Gaming Code 

Dear Chairman Allen: 

On November 14,2008, you, on behalf of the Jarnestown S'KIallam Tribe 

(Tribe), requested that the National Indian Gaming Commission (MGC) review and 

approve the Tribe's revision of its gaming ordinance. On November 10,2008, the Tribe 

approved the conversion of its existing gaming ordinances into a new Tribal Gaming 

Code (gaming code). The Gaming Code incorporates previously approved tribal gaming 

ordinances, makes various revisions and adopts additions to the definitions section, and 

additional provisions from NIGC regulations. Further, the Gaming Code clarified the 

Tribal Gaming Agency? role in non-gaming activities at tribal gaming facilities or nongaming facilities that are operated by the same tribal business entity that operates the 

Jamestown S'KlaIIam Casino. 

This letter constitutes approval of the Gaming Code because nothing therein 

conflicts with IGRA's requirements and the NIGC's regulations. 

for submitting the Tribal Gaming Code for review and approval. If you 

please contact Staff Attorney Heather McMillan at (202) 632-7003. 

NATIONAL HEADQUARTER5 14-41 L St. NW, Surte 9103 Washington, DC 20005 Tel 202.632 7003 Fax 202.632.7066 WWW.Nrc;c.cw 

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REVISIONS 

1 111 0108 

Title 7 

GAMING 

Chapters: 

7.01 General Provisions 

7.02 Definitions 

7.03 Ownership, Construction and Operation of Gaming 

7.04 Tribal Gaming Agency 

7.05 Operation of the Commission 

7.06 Enforcement and Investigation 

7.07 Sanctions 

7.08 Fines As Liens 

7.09 Exclr~sion of Persons from Facility 

7.10 Appeal 

7.1 1 Executive Director of the TGA 

7.1 2 Indian Preference Recruitment Plan 

7.13 Deposit of Funds 

7.14 Checks, Etc. 

7.15 Contracts 

7.16 Fiscal Year 

7.17 Records 

7.18 Ai~dits 

7.19 nissol~ltion 

7.20 Licenses 

7.21 Personal History Statement 

7.22 Rusiness Disclosure Form 

7.23 Rnrden on Applicant 

7.24 Applicant Claim of Privilege 

7.25 Types of Licenses 

7.26 Backgro~ind Investigations 

7.27 Forwarding Licensing Applications and Reports to NTGC 

7.28 Gaming Revenues 

7.29 Class 111 Gaming: TribaI-State Compacts 

7.30 Management of Tribal Gaming; Restrictions 

731 Tribal Gaming Commission or Corporation 

7.32 Age Restrictions on Gaming Activities 

7.33 Miscellaneous Provisions 

7.34 Constr~rction and Severability 

7.35 Tribal Sovereign Immunity and Jurisdiction Preserved 

7.36 Codification 
Chapter 7.01 General Provisions 

Section 7.01 .OS TitIe 

This Title shall be known as the Jamestown S'Klallam Gaming Code. 

Chapter 7.02 Definitions 

Section 7.02.01 Definitions 

Unless a different meaning is clearly indicated herein, the terms used herein shall have the same meaning 

as defined in the Indian Gaming Regulatory Act, 25 U.S.C. $2701, er scq., and it? regulations, 25 C.F.R. 

Part 500, el s~q. Nothing herein is intended to grant the federal or state governments any authority beyond 

what they possess under applicable law. 

A. "Audit" may refer to either a financial audit and/or a compliance audit; 

B. "Bingo" means a game in which prizes are awarded on the basis of designated numbers or symbols on a 

card conforming to numbers or symbols selected at random and which, for the opportunity to win such 

prize or prizes, persons are charged some consideration. 

C. "Class I Gaming" means games that are either: 

1. Social games solely for prizes of minimal value; or 

2. Traditional forms of Indian gaming engaged in by individuaIs as part of, or in connection with, Tribal 

ceremonies or ceIebratjons. 

D. "BIK means the Bureau of Indian Affairs in the U.S. Department of the Interior; 

E. "Class I1 Garmng" means: 

P . Ringo or lotto (whether or not electronic. computer, or other technologic aids are used) when players: 

(a) Play for prizes wit11 cards bearing numbers or other designations; 

(b) Cover numbers or designations on a card when an object, similarly numbered or designated, is drawn or 

electronicalIy determined; and 

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

2. Games played in the same location as bingo such as lotto, pull-tabs, punch boards, tips jars, instant 

bingo, and other games similar to bingo; 

3. Non-banking card games that: 

(a) State law explicifly authorizes, or does not explicitly prohibit. and are played legally anywhere in the 

state; and 

(b) A player plays in conformity with State laws and regulations coriceming hours, period of operation. 

and limitations on wagers and pot sizes; 

F. "Class III Gaming" means all forms of gaming that are not Class I gaming or Class I1 gaming; 

G. "Closely associated independent contractor'' means any contractor that shares common ownership, 

officers or directors with any management principal or person reIated thereto; 

H. "Commission" or "Commissioners" means the Board of Commissioners of the Tribal Gaming Agency, 

acting as a group, and "Commissioner" means a member of the Board of Commissioners; 

I. "Compact" means the Tribal-State Compact for Class 111 Gaming between the Jarnestown S'KIaIlam 

Tribe and the State of Washington, as amended fiom time to time; 

J. "Director" means the Executive Director of the Tribal Gaming Agency 

K. "Electronic, computer or other technologic aid" means any machine or device that: 

I. Assists a player or rhe playing of a game: 

2. Is not an electronic oi electromechanical facsimile; and 

3. Is operated according to applicable Federal communications law. 

EIectronic. computer or other technologic aids include, but are not llrnited to, machines or devices that: 

1. Broaden the participation levels in a common game; 

2. Facilitate communication between and among gaming sites; or 

3. Allow a player to play a game with or against other players rather than with or against a machine. 

Exarnples of electronic, co~nputer or other technologic aids lncludc pull tab dispenser andlor readers, 

computers, telephones, cables, televisions, screens, satellites, bingo blowers, electronic player stations. and 

tlectronic cards for parlicipants in bingo games: 
L. "Electronic or electro-mechanical facsimile" means a game played in an electronic or electromechanical 

format that replicates a game of chance by incorporating all of the characteristics of the game, except when. 

for bingo, lotto. and other games similar to bingo. the electronic or electromechanical format broadens 

participation by allowing multipIe players to play with or against each other rather than with or against a 

machine; 

M. "Fiscal Year" refers to the accounting period, consisting of twelve (12) months, for which an 

organization plans the use of its funds; 

N. "Gaming" or "Gambling" means an activity in which a person stakes or risks something of value on the 

outcome of a contest of chance or a future contingent event, not under his or her control or influence, upon 

an agreement or understanding that the person, or someone else, will receive something of value in the 

event of a certain outcome, but shall not include bona fide business transactions; 

0. "Gaming Activities" means any Class II or Class 111 gaming conducted by or under the jurisdiction of 

the Tribe; 

P. "Gaming Agent" means any employee of the Tribal Gaming Agency, each of whom is responsible for 

implementing this Title and the Compact; 

Q. "Gaming Contractor" means any person or entity that supplies gaming devices or other gaming 

equipment. personnel, or services [including gaming management or consulting services) to any gaming 

activity or enterprise: 

R. "Gaming Operation" or "Gaming Enterprise" means each economic entity, or division thereof, engaged 

in gaming, that is licensed by the Tribe, operates the games, receives the revenues, issues the prizes, andor 

pays the expenses. A gaming operation may be operated by the Tribe directly, by a management contractor, 

or, under certain conditions, by another person or other entity. Leasing of video lottery terminal permits 

pursuant to the Compact does not constitute "Gaming Operation" or "Gaming Enterprise"; 

S. "Gaming Facility" or "Gaming Facilit~es" means the building(s), and specificalIy the room or rooms, in 

which Tribally Authorized Gaming is conducted; 

T. "Key Employee" means a person who performs one or more of the following functions: bingo caller. 

counting room supervisor. chef of security, custodian of gaming supplies or cash, floor manager, pit boss, 

dealer, croupier. approver of credit, or custodian of gaming devices (including those persons wlth access to 

cash and accounting records within such devices). If not otherwise included, any other person whose total 

cash compensation is in excess of $50,000 per year, and the four most highly compensated persons in the 

gaming enterprise are included in the definition of key employees. At the discretion of the Tribal Gaming 

Agency, other positions or persons may he included under, and subject to, the requirements for key 

employees; 

U. "Management Contract" means any contract. subcontmct, or collateral agreement between the Tnbe and 

a contractor and a subcontractor if such contract or agreement provides for the management of all or part of 

a Gaming Operation: 

V. "Minimum Internal Control Standards (MICS)" mealis the internal control standards set forth in 25 CFR 

Part 542, as amended from time tn time, issued by the NIGC to implement the requirements of IGRA; 

W. "Minor" or "Minors" means persons under eighteen (I X) years of age; 

X. "National Indian Gaming Commission" or "NIGC" means the federal commission established pursuant 

to 25 U.S.C. $2704; 

Y. "Net Revenues" mean gross gaming revenues of the Gaming Operations less: 

1. Amounts paid out as, or pad for, prizes; and 

2. TotaI gaming-related operating expenses, excluding management fees; 

The term "Net Revenues" docs not include the revenues from the leasing of video lotteq terminal permits 

pursuant to the Compact by the Jarnestown S'Klallam Tribe to other tribes; 

Z. "Person" means any natural person, unincorporated association, partnership, corporation, firm, trust, 

cooperative or other form of business or other entity; 

M. "Primary Management Official" means the person who has management responsibility for a 

Management Contract: any person who has authority ro hire and fire employees or to set up working policy 

for the Gaming Operation; or 'the Chief Financial Officer (TFO") or other person who has financial 

management responqibility. At the discretion of the Tribal Gaming Agency. other positions or persons may 

be included under, and subject to, the requirements for primary management officials: 

AR. "Reservation" means the reservation of the damestown S'KFallam Tribe; 

AC. "State" means the State of Washington; 

AD. "State Gaming Agency" means the Washington State Gambling Commission; 
AE. 'Tribal Council" means the Tribal Council of the federally recognized Jamestown S'Klallam Tribe; 

AF. "Tribal Court" means the Jamestown S'Klallam Tribal Court that is part of the Northwest Intertribal 

Court System C'NICS') located in Lynnwood, Washington; 

PIG. "Tribal Gaming Agency (TGA)" means the regulatory body established by the Tribal Council to 

rebvlate Class I1 and Gtass TI1 Gaming and which is overseen by a Board of Commissioners; 

AH. "Tribal Lands" or "Indian lands'' means: 

1. All lands within the limits of the reservation; 

2. Any land, title to which is either held in trust by the United States for the benefit of the Tribe or 

individual Tribal citizen or held by the Tribe or individual Tribal citizen, subject to restriction by the 

United States against alienation and over which the Tribe exercises governmental power; and 

3. For all lands acquired into trust for the benefit of the Tribe after October 17, 1988, the lands meet the 

requirements set forth in 25 U.S.C. 427 19; 

AT. "Tribal citizen" means any duly enrolled or adopted citizen of the Tribe; and 

N. "Tribally Authorized Gaming" means any Class IT or Class I11 Gaming taking place that is licensed by 

the Tribe or Tribal Gaming Agency and conducted in accordance of with this Title and all other applicable 

laws. 

AK. "Tribe" means the Jamestown S'Klallam Tribe, 

Chapter 7.03 Ownership, Constnrction and Operation of a Gaming Enterprise 

Section 7.03.011 Ownership, Construction and Operation of a Gaming Enterprise 

A. Ownership. The Tribe shall have the sole proprietary interest in and responsibility for the conduct of any 

Gaming Enterprise authorized by this Title, except to the extent the Tribe may contract with and license a 

person or entity to own, operate or manage the Gaming Enterprise pursuant to the provisions of TGRA or as 

otherwise permitted by law; 

B. Facility Construction and Maintenance. Construction and maintenance of the Gaming Facility. and the 

operation of the Gaming Facility shall be conducted in a manner that adequately protects the environment 

and the public health and safety. The Tribe shall enforce laws, resolutions, codes, policies, standards or 

procedures applicable to each Gaming Facility that protect the environment and the public health and 

safety, inchding standards under the Compact or other applicable standards. Laws. resolutions, codes, 

polic~es, standards or procedures in this area shall cover, at a minimum: 

(i) Emergency preparedness. including but not limited to fire suppression, Iaw enforcement, 

and security; 

(ii) Food and potable water; 

(iii) Construction and maintenance; 

(iv) Hazardous materials; 

(v) Sanitation (both solid waste and wastewater); and 

(vi) Other environmental or public heaIth and safety standards adopted by the Tribe in light of 

climate, geography, and other local conditions and applicable to its Gaming Facilities, places or 

locations.: and 

C. Operation, Except to the extent authorized by an agreement pursuant to the provisions of EGRA or as 

otlierwise permitted by law, Gaming Activities are hereby authorized, provided that they shall only he 

conducted in 'Tribally owned, operated and licensed facilities pursuant to this Title. Such activities shall be 

conducted in accordance with the terms and conditions of any license issuecl by the Tribe for such 

purposes. as to each Gaming Facility. before any Gaming Activities may occur therein. Such licenses shall 

specify the hours of operation, type and scope of Gaming Activities allowed therein, permined uses of the 

facility for other activities. rules olconduct for employees and patrons, rebwlation of alcoholic beverages, 

food handling and entertainment. and such other matters as the TGA or the IribaI Council may deem 

necessary to the conduct of Gaming Activities therein. 
Chapter 7.04 Tribal Gaming Agency 

Sections: 

7.04.01 Regulatory Authority and Delegation of Certain Powers 

7.04.02 Keservation of Powers by the Tribal Cokrncil 

Section 7.04.01 Regnlntory Authority and Delegation of Certain Powers 

'Fhe Tnbal Council shall have primary responsibility for the replation, control and security of the Class I1 

and Class I11 Gaming Operations. By adopting this Title. the Tribal Council is delegating certain of its 

responsibilities and dut~es to the TGA which is hereby constituted as a regulatory entity of the Tribal 

government, subject to its jurisdiction and laws. 

Section 7.04.02 Reservation of Powers by the Tribal Council 

The Tribal Council reserves for its exclusive exercise the following powers related to the Tribal Gaming 

Commission: 

A. Transfer of any real estate or real property into trust to be held by the United States for the Tribe as 

beneficiary; 

B. Obligation, sale or encumbrance of any real estate or real property held in trust by the United States for 

the Trihe; 

C. Confirmation of the appointment and/or removal of the TGA Director by the Commissioners; 

D. Appointment andlor removal of the Commissioners; 

E. Dissolution and liquidation ofthe TGA and Commission when they have accomplished their purposes; 

F. Approval of fees and expenses paid to Commissioners and the compensation of TGA employees; 

G. Approval of any By-Laws proposed by the Commissioners. If the Council disapproves the proposed ByLaws. as submitted, the Council shall return them to the Commissioners for revisions with a written 

statement of the specific reasons for the disapproval: the Commissioners shall present the By-Laws again to 

the Council within 20 days of its disapproval. Should the Council fail to approve or disapprove the ByLaws within 30 days of its re-submission to the Council, the By-Laws shall be considered approved; 

11. Approval of the annual report and operating plan submitted hy the Commissioners; 

I. Approval of the permanent exclusion of Tribal citizens from a gaming facility for violations of this Title: 

J. Arbiter of conflicts between the TGA/Commissioners and Casino Management over interpretation of the 

provisions and applicability of the (a) Compact, (b) NIGC rules and regulations, and (c) IGRA to the Tribe 

and its Class I1 and III gaming operations. Additionally, the CounciF shall have the sole authority to seek 

advisory opinions from non-Tribal regulatory hodies and opinions from outside legal counsel related to 

such matters; and 

K. Such other powers which have not been granted to the TGA or Commission or that may be reserved 

specifically to the Tribal Council thugh any subsequent amendment of this Title. 

Chapter 7.05 Operation of the Commission 

Sections: 

7.05.01 Operation of the Commission 

7.05.02 Powers and Duties of the Commission - General 

7.05.03 Powers and Duties of the Commission - Budgeting and Reporting Requirements 

7.05.04 Powers and Dnties of the Commission - Class 111 Gaming 

Section 7.05.01 Operation of the Commission 

The business and affairs of the Commission shall be managed as follows: 

A. Appointment of Commissioners. The Commission shall be composed ofthree (3) members, two (2) of 

whom shaII he Tribal citizens and one ofwham may be a Tribal citizen or a non-Tsihal person. all 

appointed by the Tribal Council; candidates for vacancies on the Commission may be recommended by the 

Commission to the Tribal Counc~I for consideration; 
B. Disqualifications for Commission Membership. The folIowing persons may not serve as 

Commissioners: 

1. Tribal Council members while serving as such; 

2. Employees of any Gaming Enterprise on TribaI Lands; 

3. Persons related to any gaming contractor (including any principal thereof or Closely Associated 

Independent Contractor); or 

4. Persons who would not be eligible to be oficials of the Tribe pursuant to the Tribe's Constitution: 

C. Terns of Service for Commissionws. Commissioners shall continue to serve for three (3) year staggered 

terms. Nothing in ths Title shall preclude any member for serving for more than one term; 

D. Removal from Commission. Commissioners may only be removed hm office before the expiration of 

their terms by the Tribal Council far neglect of duty, malfeasance or other good cause shown; 

E. Quorum. Two (2) members of the Commission shall constitute a quorum; 

F. Commission Officers and Duties. The officers of the Commission shall be appointed by the Tribal 

Council. The Chairman shall preside over meeting of the Commission and the Vice-chairman shI1 

preside in the absence of the Chairman. The Secretary, or assistant secretary, shall record in writing the 

minutes of a11 Commission meetings and all official actions taken by it. The Treasurer, ar assistant 

Treasurer, shall account for and provide report.4 on all receipts and disbursements of the Commission. A 

Commission member may hold one or more officer positions; 

G. Voting. All actions of the Commission shall be taken by majority vote. The Chairman may vote on any 

issue; 

H. Commission Meetings. Meetings shall be heId at least once per month, at such time and in such location 

as the Commission may decide by rn+iority vote. Additional meetings shall be held as called by the Chair 

or by at least two (2) other members. Notice of meetings shall be given in writing to each member at least 

five (5) business days prior to such meeting. Meetings may be called at any time. by any means, with 

unanimous consent of the members; 

1. Compensation for Serving; Reimbursement of Expenses. Commissioners shall be compensated for 

serving on the Commission at rates to he set by the Tribal Council. Subject to approval by and in 

accordance with procedures to bc adopted by the Tribal Council, members shall be reimbursed for expenses 

incurred in connect~on wth the performance of their duties and shall receive a stipend for days spent in 

performance of their duties; 

J. Excess Funds. Funds collected in excess of the funds actually expended in the operation of the TGA at 

year-end shall be considered surplus revenues and identified separately in a surplus fund account. If so 

directed by the Tribal Council, funds kom the surplus account shall be retained and deducted frnm the 

projected revenue requirements for the next budget cycle; 

K. Ronding and Insurance. A11 Commission members, the Director, Gaming Agents and others specifically 

designated by the Commission or the Tribal Counc~l, shall be bonded. All employees of the TGA and the 

Commission members are covered under the Tribe's Errors and Omissions Insurance Policy. 

Section 7.05.02 Powers and Duties of the Commission - General 

The Cnmmission, working through the TGA, shall have the general powers and duties to: 

A. Enforce provisions of this Title, the Compact and appIicable federal and state law in the Gaming 

Facility; 

B. Ensure the physical safety of patrons in the Gaming Facility is being properly addressed by the Casino 

Management; 

C. Ensure the physical safety of personnel employed by the Gaming Facility is being properly addressed by 

the Casino Management: 

D. Ensure the physical safeguarding of assets transported to and firom the Gaming Facility and cashier's 

cage department is being properly addressed by the Casino Management; 

E. Protect the patrons' and the Gaming Enterprise's proper@ from illegal activity; 

F. Temporarily detain persons that may be involved in illegal acts. for the purpose of notifying CIaIlam 

County law enforcement authorities; 

G, Record, in a permanent and detailed manner, any and all unusual occurrences within the Gaming 

Facility for which the assignment of a Tribal Gaming Agent is made. Each incident shaIl be assigned a 

sequential number; 

H. Ensure the Casino Management adopts standards of operation and management for the Gaming Facility. 

which initial standards shall be those set out in Appendix A to the Compact: 
I. Undertake such other duties as required by this Title, the Compact. relevant provisions of Washington 

State statutes and regulations and Federal statutes and regulations: 

J. Engage in any and all activities which will directly and indirectIy cany out the purposes of the TGA; and 

K. Carry out such other duties as the Tribal Cauncil shall, from time to time, direct. 

Section 7.05.03 Powers and D~ities of the Commission - Budgeting and Reporting 

Requirements 

The Commission shall be responsible and accountable to the Tribal Council. To fulfill this duty, it shall: 

A. Present to the Tribal Council the projected annual budget and justification at least thirty (30) days prior 

to the begitlning of the next fiscal year. The justification should include any planned expansion or reduction 

in the Commission facilities, personnel, or general operations, funds required for training crr the 

continuance or expansion of operations, personnel, or fac~lities, or funds to be held in reseme in a capital 

account for unforeseen contingencies or busincss set backs; 

The budget must he approved by the Tribal Council before it is implemented. If the Tribal Council 

disapproves the budget as submitted, the Tribal Council shalI return it to the Commission for a revision 

with a written statement of the specific reasons for the disapprova1; the Commission shall present the 

revised budget and justification again to the Tribal Council within twenty (20) days of its disapproval; 

Should the Tribal Council fail to approve or disapprove a budget within thirty (30) days of its submission to 

the Tribal Council, it shall be considered approved; 

B. FjIe a surnmav report for the most recently completed fiscal year within thirty (30) days of the end of 

the fiscal year; and 

C. File such further reports as are required by the Tribal Council from time to time. The Tribal Council 

may, at its discretion, require the Commission to report on a more frequent basls than annually. However. 

the Commission shall not be required to report on more than a quarterly basis. 

Section 7.05.04 Powers and Duties of the Cemnlission - Class TI and Class HI Gaming 

The Commission, acting through the TGA, shall have the primary responsibiIity for the on-site regulation, 

oversight, and internal MICS auditing, of Class II and Class 111 Gaming Operations authorized by the Tribe 

and enforcement of the Compact, including, but not limited to, the following sections in the Compact, 

which referenced provis~ons are fully incorporated as if set out herein: 

Nature, size and scope of Class III gaming 

Licensing and certification requirements 

Ciccnsing and State certification procedures 

Tribal enforcement of Compact provisions 

Regulatory jurisdiction reIating to the enforcement of the provisions 

I,aw enforcement jurisdiction relating to gaming 

Enactment of Compact provisions and regulations governing gambling 

Regulations for the operations and management of tribal gaming 

Enforcement of pubIic health and safety provisions. 

Chapter 7.06 Enforcement and Investigation 

Section 7.06.01 Enforcement and Investigation 

The TGA, in order to assure the compliance of any Tribally Authorized Gaming with the provisions of 

applicable laws, codes, Titles, rules andor regulations: 

A. Shall have free access to all gaming premises, employees, books and records at any time to inspect. 

examine and monitor same, including photocopying of relevant matenals, and for any purpose related to 

performance of its hnctions under this Title; and 

B. May deny an application for or suspend or revoke any license or permit issued by it, for any reason or 

seasons it deems to be in the Tribal or public interest. 
Chapter 7.07 Sanctions 

Section 7.07.01 Sanctions 

Every activity relating to the subject matter of this Title, held and/or conducted, or engaged in, within the 

Reservation or on lands subject to the Tribe's jurisdiction, which is contrary to the provisions of this Title, 

is hereby prohibited and declared to be unlawfbl and a public nuisance, the remedy to which shall be an 

injunction andtor abatement and/or civil fine(s) not to exceed Five Thausand Dollars ($5,000.00) per day, 

per violation, andor cancellation of any license or permit issued to or relating thereto, or all of the above, 

except where specifically authorized by the Commission. 

Chapter 7.08 Fines As Liens 

Section 7.08.01 Pines as Liens 

Fines may be established as liens upon specifically described property involved in a vioIation of this Title, 

by order of the Tribal Court. In the case of real property, such order shall be filed for record notice with the 

Clallam County Auditor. Liens on personal property shall be filed with the State's Secretary of State. Upon 

twenty (20) days' written notice served, or fifty (50) days' notice by publication, with opportunity to 

request a hearing on the maker no later than ten (1 0) days after expiration of the notice period, the Tribal 

Court, Federal Court. or other court of appropriate jurisdiction may order the property sold at public 

auction. or forfeited to the Tribe. 

Chapter 7.09 Exclusion of Persons from a Gaming Facility 

Section 7-09-01 Exc111sion of Persons from a Gaming Facility 

A. Temporary. Any Gaming Agent shall have the power and authority to cause the removal and exclusion 

of any person from any Gaming Facility, and surrounding parking lots thereto for a period of hventy-four 

(24) hours, who, in the sole discretion of the Gaming Agent, is causing a disturbance. acting 

inappropriately. or is, in any other way. interfering with the orderly conduct of ordinary business within the 

Gamlng Facility and the surrounding parking lots; 

B. Permanent. The Uommissinn shall have the power and authority to peimanently exclude any person 

from any Gaming Facility, who has caused a serious or repeated disturbance, engages in inappropriate 

actions. or in any other way has interfered with the orderly conduct nf ordinary business within the facility. 

Further: 

I. The request for permanent exclusjon of a person may be brought only by the Director before a properIy 

convened meeting of the Commission. The Commission may consider the Director's request in an open or 

closed meeting, and may or may not, at its complete discretion, alIow the person subject to the request, to 

attend the meeting of the Commission. Except as herein otherwise provided. the decision of the 

Commission is final, and not subject to review; 

2. When the Commission has determined a person is to be permanently excluded from the facility, that 

person's name shall be reported to the Gaming Agents, Washngton State Gambling Agency, and the 

Clallam County Sheriffs Office; 

3. The Commission, or any of the TGA agents, shall notify the person permanently excluded of the 

Commissjon's decision in writing, either by personally delivering the notice. by handing it to the person. or 

by mailing it by certified mail to the person's last known address; and 

4. Should the person who has been permanently excluded from any Facihty. bc a Tribal citizen, that person 

may request that the Tribal Council review the decision of the Cornmrssion, wlrich will make its own 

independent determination. The determination of the Tribal Council shall he final. and not subject to 

review. 

Chapter 7.1 0 Appeal 

Section 7.1 0.01 Appeal 

Any action taken by the Commission under this scction may be appealed within ten (10) days of rcccipt nf 

the notice by the affected party. The Commission shall then conduct a public or private hearing, at which 

Chapter 7.1 6 Fiscal Year 

Section 7.16.01 Fiscal Year 

The Fiscal Year of the Commission and the TGA will be January I through December 3 1. The Fiscal Year 

of the Tribe will be October 1 through September 30. 

Chapter 7.1 7 Records 

Section 7.1 7.01 Records 

There shall be maintained at the principal office of the Comnlissjon and the TGA financial hooks and 

records of account not othenvise maintained by the Tribe's accounting department, all minutes of the 

Commission meetings, and copies of other material, books, records, documents and contracts. All such 

books, records, minutes, documents and contracts shall be made available for inspection at any reasonable 

time during usual business hours by any member or members of the Commission. for any lawful and proper 

purpose. Upon leaving ofice, each member of the Commission and each officer, agent or employee of the 

TGA, shall turn over to their successor, in good order, such monies. books. records, minutes. writs, 

documents. contlacts or any other property of the Commission or TGA. as have been in the custody of such 

officer or agent during his or her term of office. 

Chapter 7.18 Audits 

Section 7. t 8.01 Audits 

A. Annual Audits. The Commission shall require the Gaming Operation or Gaming Enterprise to secure an 

annual external financial Audit of each Class 11 and Class I11 gaming activity by a recognized independent 

accounting firm. The results thereof shall he reported to the Tribal Council and. to the extent required by 

law. the NIGC; 

R. Contracls - Audit Requirements. All contracts for providing supplies, services. equipment or concessions 

to any Class II and Class I11 Gaming Enterprise for a contract amount in excess of $25,000 annualIy (cxcept 

contracts for professional legal or accounting services) shall be subject to independent audits as established 

in G., above. and such contracts shall so specify; 

C. Non-gaming Iimitations. Nothing in th~subsection shall extend the authority of the Commission or 

'TGA to audit nongarning activities; and 

D. Compliance Audits. With the approval of the Tribal Council, the Commission may direct the TGA to 

undertake an internal review to determine if a Gaming Operation or Gaming Enterprise is in compriance 

with the applicable provisions of the Tribal Code, Federal statues and regulations, and Washington State 

laws and regulations related to public heaIth, safety and environmental issues, MICS requirements and 

provisions of the Compact. 

Chapter 7.19 Dissolution 

Section 7.1 9.01 Dissolution 

Provided that there is no Tribally Authorized Gaming talung place on Tribal Lands, the Commission and 

the TGR may be dissolved by a vote of a four-fifths (4/5) majority of the entire Council. If any member of 

the Council cannot be present at a meeting whwe such a vote is taken. histher vote shall be counted as a 

vote against dissolution. 

Upon winding up and dissolution of the TGA, the assets of the Agency remaining after payment of, or 

provision for payment of, a11 debts and liabilities of the Agency, shall be drstnbuted to the Tribal general 

accorlnt, or to such other Tribal organization duly designated by the Council, so as to insure that the assets 

of the TGA will be used excIusively to accomplish the general purposes for which the TGA was organized. 
Chapter 7.20 Licenses 

Section 7.20.0 1 Licensing Reg~rircments 

It is the policy of the Tribe that all Gaming Activities be licensed and controlled so as to protect the morals, 

good order and welfare of Tribal Citens and other persons on Tribal Lands and to preserve the honesty, 

fairness and integrity of such Gaming Activities. Accordingly, no penon shalI engage in any Gaming 

Activities on Trihal Lands without an appropriate and valid independent license issued by the TGA. 

Any gaming license, or finding of suitability or approvaI by the TGA, whch is issued, shall be deemed a 

privilege subjecr to suspension or revocation. No license shall be issued that would place the TCiA En 

violation of the Compact, IGU or of any applicable law. 

The TGA may employ all reasonable means, including the engagement of outside services and 

investigators and the holding of hearings, to acquire the information necessary to determine whether or not 

a license should he issued. Applicants shall also agree to release alI information necessary in order for the 

TGA to achieve its goals under this section and to hrnish such information to the NEGC or such other 

agency as may be required by law. 

Chapter 7.21 Personal History Statement 

Section 7.21.01 Personal History Statement 

Each applicant for employment at the Gaming Facility shall complete a form containing the information 

listed below: 

A. Full name, other names used (oral or written), drivers license number(s), social security number(s), date 

of birth, age, place of birth, citizenship. gender, physical description and degree of familiarity with all 

languages (spoken or written); 

8. Currently, and for the previous five (5) years. personal residences and phone numbers; 

C. Currently. and for the previous ten (1 0) years, business and employment positions held, ownership 

interests in those businesses, husiness addresses and phone numbers; 

D. Names and current addresses of at least three (3) personal references, including one personal reference 

who was acquainted with the applicant during each period of residence as listed above; 

E. Description of any existing and previous relationships with Indian tribes, including ownership interests 

in those businesses; 

F. Descript~nn of any existing and previous business relationships with the gaming industry generally, 

including ownership interests in those businesses and Indian gaming operations particularly, including 

owcrship interests in those businesses; 

G. Name and address of any licensing or re~wlatory agency with which the person has ever filed an 

application for a license or permit related to gaming, whether or not such license or permit was granted; 

PI. For each criminal felony charge for which there is an ongoing prosecution or a conviction, the charge, 

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

I. Far each crimrnal misdemeanor charge for which there is ongoing prosecution or a conviction within ten 

(1 0) years of the date of the application (excluding minor traffic violations), the charge, the name and 

address of the court involved, and the disposition, ~f any, of the case; 

J. For each criminal charge (excIuding rninor traffic violations), whether or not there is a conviction of such 

charge occurred within ten (10) years of the application and is not otherwise listed pursuant to (H) or (I) of 

this section, the charge. the name and address of the court invoived, and the date and disposition of the 

charge; 

K. Name and address of any licensing or regulatory agency (Federal. Tribal, State. local or foreign) with 

which the person has filed an application for an occupational license or pennit, whether or not such license 

or permit was granted; 

1,. Current photograph; 

M. Fingerprints consistent with procedures adopted by the TGA according to 25 C.F.R. 5 522.2(h) for 

gaming employees; 

N. Fingerprints for the non-gaming employees of thc gaming facility as provided for by the TGA; 

0. A Privacy Act Notice worded as follo~vs: 

"In compliance wirh thc Privacy Act of 1974, the following information is provided: Solicitation of the 

information on this form is authorized by 25 U.S.C. $270 1 et seq. The purpose of the requested 
information is to determine the eligibility of individuals to be employed in a gaming operation. The 

inforn~ation will he used by National Indian Gaming Commission members and staff and Tribal officials 

wIio have need for the information in the performance of their official dut~es. The information may be 

disclosed to appropriate Fedcral. Tribal, State, local, or foreign law enforcement and reguIatory agencies 

when relevant to civiI, criminal or regulatory investigations or prosecutions or when pursuant tn a 

requirement by a Tribe or the National Indian Gaming Commission in connection with the hinng or firing 

of an employee, the issuance or revocation of a gaming license, or investigations of activities whle 

associated with a Tribe or a gaming aperation. Failure to consent to the disclosures indicated in this notice 

will result in a Tribe's being unable to hire you in a primary management official or key employee position. 

The disclosure of your Social Security Number (SSN) is vo1untary. However, faiIure to supply a SSN my 

result in errors in processing your application"; 

P. A Notice Regarding False Statements rvorded as follows: 

Q "A false statement on any part of your application may he grounds for not hiring you, or for firing you 

after you begin work. Also, you may be punished by fine or imprisonment (18 U.S.C. $1001)."; and 

R. Any other information the TGA deems relevant. 

Chapter 7.22 Business DiscIosure Form 

Section 7.22.01 Business Disclosure Form 

Each investor, management entity. closely associated independent contractor, or other individual or entity 

with influence over the management or opwation of the gaming operation shall complete this form 

containing the information l~sted helow: 

A. Name, Principal Address and Contact Name for business; 

B. Type of Business (sole proprietorship. corporation. etc.); 

C. For each partner in a partnership: Name of Partner - DOB & SSN. Residence Address, and Naine of 

Spouse - DOB R: SSN; 

D. Description of goods/scrvices tn he provided to gaming operation; 

E. References for similar goods/semices; 

F. Othcr companies for which they have provided goods/services in the gaming industry; 

G. All Indian nations with which business has been. or is being. conducted; 

H. All agenc~es tha~ have anted the business a license/permitlautI~orization to supply 

equipment~goodslservices to garnlng operations: 

1. Information on whether a gaming license, permit or authorization has been revoked or suspended by any 

federal, state or Tribal government; 

3. Whether the business. business owner(s), or if a corporation, officers. directors, or any holder of more 

than five percent (5%) of the voting stock, has ever heen Involved in any criminal or civil actlon. and if yes, 

a letter of explanation; 

K. For n corporation: Corporation Name, Address, Trade Name. Total Stock, Total Issued Shares; For 

President, Treasurer, Chairperson of the Commission, and Stockholders with 10% or more of the voting 

stock: Name, Address. SSN, Shares Owned, Percentage of Ownership, and Date Acquired; and 

1,. A declaration by the Chief Executive Officer, General Partner. or Sole Propnetor, as applicable. as to the 

accuracy and tn~thfulness of the information on the form; 

M. A Privacy Act Notice as contained in Section 7.2 1.0 l(0) of this Title; 

N. A Notice Regarding False Statements as cmtained in Section 7.2 I .O I (P) of this Title; and 

0. Any other information the TGA deems relevant. 

Chapter 7-23 Burden on Applicant 

Section 7.23.01 R~rrden on Applicant 

The burden of proving an applicant's qual~fication to receive any license is at all times on the applicant. 

Appbcants must accept any risk of adverse puhIic notice, embarrassment or other action which may result 

from the application process and expressly waive any clalm for damages as a result thereof. 
Chapter 7.24 Applicant Claim of Privilege 

Section 7.24.01 Applicant Claim of Privilege 

An applicant may claim any privilege afforded by law in connection with a gaming licensc application or 

investigation, hut a claim of privilege with respect to any testimony or evidence pertaining thereto may 

constitute suficient grounds for denial, suspenslnn or revocation. 

Chapter 7.25 Types of Licenses 

Section 7.25.01 Types of Licenses 

Three cIasses of licenses may be issued to persons associated with Tribal gaming activities: 

A. CIass A License. A Class A license is required for: 

1. An investor, management entity, Primary Management Oficial. Key Employee. Closely Associated 

Independent Contractor, or other individual or entity with influence over the management or operation of 

the gaming operation; and 

2. A Class IT or TI1 Gaming Operation employee, and a supplier, manufacturer or distributor of any goods or 

services to a Gaming Facility: 

The completed license application (which will be a Personal History Statement or Business DiscIosure 

Form, as applicable) shall be used by the TGA to conduct, or cause to be conducted, a background 

investigation to determine if such persodentity has: 

(a) Any criminal record, including violent cnmes against a person, or any reputation, prior activities, habits 

or associations which might pose a threat to the public interest or to the effective regulation of gaming; and 

(h) Anything else in their background which might create or enhance the dangers of unsuitable. unfair, or 

illegal practices and methods and activities in the conduct of gaming; 

B, Class R License. Persons who are not among those identified in subsection A. ( I), above, but are to be 

employed at a Gaming Facility on Tribal Lands in some othw capacity, such as in non-gaming related 

activities, shall be required to obra~n a Class B license hrn the TGA. Such persons must establish that they 

have not been convicted of a crime, or engaged in any activity which would render such person a danger to 

the safety or integrity of the gaming activity or the safety or property of the Tribe, a Tribal citizen. a 

gaming operation empIoyee nr patron, or a member of the public; 

C. Class C License. Minors employed at a gaming facil~ty on TribaI Lands may bc issued a Class C license, 

which will entitle them to work in any position for which a Class B license is required for adults and not 

otherwise prohibited by this Title or other applicable law. Pnor to issuance of a Class C license, such 

minors shall be determined by the TGA to pose no threat to the: safety or integrity of the gaming activity or 

the safety or property of the Tribe, a Tribal citizen, a Gaming Operation employee or patmn, or a member 

of the public. 

Each Class C license shaI1 he valid for no more than one (I) year at a time and shall he revoked upon the 

minor's reaching the age of eighteen ( 181, at which time either a Class A or N license, as applicable, will be 

required. Minors shall not be employed as dealers or otherwise allowed to operate or supervise the 

operations of games. or to serve liquor. 

Chapter 7.26 Background Investigations 

Section 7.26.01 Rackgronnd Investigations 

The TGA shall conduct or cause to be conducted a background investigation sufficient to make a 

determination of eligibility to receive a license by an applicant as required under this Title. This 

investigation shall be based on the information provided by the applicant in the Personal History Statement 

or Business Disclosure Form, as applicable, provided to the I'GA. 

In conducting the background investigation, the TGA or its agent(s) shaIl promise to keep confidential the 

identity of cach person interviewed in the course of the investigation. The TGA reserves the nght, at any 

time, to requeql additional information either prior to, during. or subsequent to any background 

invcsfigation. 
Chapter 7.27 Forwarding Licensing Applications and Reports to NIGC 

Sections: 

7.27.01 Fonvarding Licensing Applications and Reports to NTGC 

7.27.02 Eligibility Determination 

7.27.03 Granting a Gaming Licensc 

7.27.04 Temporary Licenses 

7.27.05 License Renewal 

7.27.06 1,icense Fees 

7.27.07 Ethical Standards 

7.27.08 License Determinations Appeals 

7.27.09 License Suspension 

7.27.10 Facilities Licenses 

7.27.11 Penalties and Sanctions For Failure to Comply with Regulations or Agency 

Requirements 

Section 7.27.01 Forwarding Licensing Applications and Reports to NTGC 

A. On or before the date any Key Employee or Primary Managerncnt Official is employed by a Gaming 

Enterprise authorized under this Title, the TGA shall forward to the NIGC the person's completed Personal 

History Statement; 

B. Prior to issuing a license to a Primary Management Official or Key Employee, the TGA shall forward to 

the NIGC, together with a copy of the eligibility determination made under this section, an investigative 

report on each background investigation. The investigative report on each background investigation shall 

he forwarded to the NIGC within sixty (60) days after the employee begins work. The Gaming Enterprise 

shall not employ or continue to employ any person as a Key Employee or Primary Management Official 

who does not have a license within ninety (90) days ofbcginning work, unless the delay in the issuance of 

such liccnse is the fault of the NIGC, m which case the ninety (90) period may be extended by the TGA for 

an additional ninety (90) days; 

The investigative report shall include the foIlowing information: 

I. Steps taken in conducting a background investigation; 

2. Kcsults obtained; 

3. Conclusions reached; and 

4. The bases for those conclusions. 

C. The TGA shall provide to the NIGC, or other appropriate agency, any other reports and information 

required by TGU and replations promulgated hereunder. Further, with respect to Key Employees and 

Primary Management Officials, the TGA sl1a12 retain the Personal History Statements and reports (if any) 

of background investigations for inspection by the Chair of the NIGC or his or her designee for no less than 

three (3) years after the date of termination of employment; and 

D. If a Iicense is not issued to an applicant, the TGA shall notify the NIGC and may forward copies of itf, 

eligibility determination and investigative report (if any) to the NIGC for inclusion in the Indian Gaming 

Individuals Records System. 

Section 7.27.02 Eligibility Determination 

'I'he TGA shall review the results of the background check and reputation, habits and associations to make 

a finding concerning the eligbility of an applicant for einployment in a Gaming Operation. If the TGA 

determines that employment of the person poses a threat to the public interest or to the effective regulation 

of gaming, or creates or enhances dangers of unsuitable. unfair, or illegal practices and methods and 

act~vities in the conduct of gaming, the 'Tribal Gaming Enterprise shall not employ that person in a Key 

Employee or Primary Management Official position; and further, shall not empIoy the person in any other 

position for which a license is required. except as specifically provided by the TGA. 

Section 7.27.03 Grnnting a Gaming License 

A. [f. within a thirty (30) day period after the NIGC receives a report as requii-ed undm subsection U. of 

Section 7.27.01, above. the NIGC notifies the 1'GA that it has no objection to the issuance of a license 
pursuant to the license appIication filed for a Key Employee or Primary Management Oficial for whom the 

TGA has provided an application and investigative report. the TGA may issue the license; 

R. The TGA shall provide any additional information requested by the Chair of the NIGC concerning a 

Key Employee or Primary Management Official who is the subject of a report as required under this 

subsection. A NIGC request for addit~onal information shalI suspend the thirty (30) day period under this 

subsection above until the Chair of the NIGC receives the additional information; and 

C. If, within the th~rty (20) day period established under subsection (A) above, the NIGC provides a 

statement itemizing objections to issuance of a license to a Key Employee or Primary Management 

Official, the TGA shall reconsider the application, taking into account such objections. The 'TGA retains 

the right to make the finaI determination whether to issue the license to such applicant. 

Section 7.27.04 Temporary Licenses 

Pending completion of an investigation for a Iicense, temporary licenses may be issued by the TGA if, in its 

sole d~scretion, it deems it appropriate to do so. Such licenses shall permit the licensee to engage in such 

activities, pursuant to such terms and conditions as specified by the TGA, in its sole discretion as are 

required. Such temporary licenses shall explre: ninety (90) days from date of issuance, upon issuance ofa 

permanent license, or until an earIier specified expiration date, whichever occum first. If the delay in the 

issuance of permanent Iicense is the fault of the NIGC for not completing an investigation for a license 

within ninety (90) days from the time of the filing with the NIGC, the ninety (90) day period may be 

extended by the TGA for an additional ninety (90) days. 

Section 7.27.05 License Renewal 

Class E licenses, unless otherwise exempted by the TGA. shall be subject to renewal every three (3) years 

and may be revoked or suspended upon the occurrence of any act which, if known during the application 

process, would have tended to disqualify such person for such a license. Class A and Class C licenses shall 

be subject to renewal every year. 

Section 7.27.06 License Fees 

All persons applying for a license shall agree to pay all applicable license fees and costs when due, 

including a reasonable deposlt for costs for the gathering of infomation and investigation in comlection 

with the license application. Applicants may be required to pay all fees and costs incurred in obtaining 

informazion prior to beginning processing of the application. At the discretion of the TnbaI Council, 

members of the TGA may he exempted from any license fees or costs. An cstimate of such costs shall be 

provided to applicants upon seasonable request. 

Section 7.27.07 Ethical Standards 

All persons employed by or associated with any gaming activity on Trjbal Lands shall conduct themselves 

with honesty, integrity, and with such decorum and manners as may be necessary to reflect positively on 

the Tnbe, its citizens and the gaming activity involved. Any failure to abide by such standards, or any 

violation of any rule, TitIe. custom or tradition of the Tribe on the Tribal Lands, or in the gaming activity. 

or the terms or conditions of the license, may be grounds for immediate suspension or revocation of any 

license issued hereunder. 

Section 7.27.08 License Determinations Appeals 

All decisions of the 'TGA regarding the issuance of licenses shall be considered final and effective when 

issued, provided however, that within fifteen ( 15) days of receipt of the written decision disaIlowing 

issuance of a license, an applicant may file a petition for reconsideration with the TGA. 

Any Tribal citizen who is denied a license by the TGA may. within thirty (30) days of receiving written 

notice of such denial, appeal the denial to, in order. the Commission. the Tribal Council and the Tribal 

Court. Each of these bodies shall have the power to reverse the decision of the TGA and order that such 

Iicense be issued, provided that no such Iicense shalI bc issued for more than one (1 $ year. subject to the 

renewal procedures set forth herein, and provided further that no order of the Commission, Tribal Council 

or Tribal Court that a license be issued shall be valid if such issuance would place the 'TGA in violation of 

any the Compact. or of any applicable law. 
Section 7.27.09 License Slrspension 

A. If, afler issuance of a gaming license, the TGA receives reliable information finm the NIGC or other 

credible sources indicating that a Key Employee or a Primary Management Official is not quaiified for 

employment under the eligibility criteria established in this Title, the TGA shalI suspend the license and 

shall notify the licemee in writing of the license suspension and proposcd revocation; 

B. The TGA shalt notify the licensee oEa time and place for a hearing on the proposed revocation of a 

license, at which time the affected party may testify; and 

C. Afier the revocation hearing. the TGA shall determine whether to revoke or to reinstate the gaming 

license. For actions taken in response to information provided by the NIGC, the TGA shall notify the NIGC 

of its decision on any revocation action. 

Section 7.27.10 Facilities Licenses 

A. New FaciIities. Before Gaming Activities can be conducted therein, the TGA shall invpect and license 

each Gaming Facility in accordance with this Title and any requirements of IGU. TGA shall submit to 

the NIGC a notice that a facility license is under conaideration for issuance at least 120 days before opening 

any new Gaming Facility on Indian Lands where Class 11 or 111 gaming will occur. The notice shaIl contain 

the following: 

(I) The name and address of the property; 

(2) A legaI descnption of the property; 

(3) 'I'he tract number for the property as assigned by the RIA, Land Title and Records Offices, if any; 

(4) If not maintained by the BIA a copy of the trust or other deed(s) to the property or an explanation as to 

why such documentation does not exist: and 

(5) If not maintained by the BIA, documentation of the property's ownership. 

The 'Tribe does not need to submit to the NIGC a notice that a facility license is under consideration for 

issuance for occasional charitable events lasting not more than a week. 

B. Existing Facilit~es. Gaming Facilities in which Gaming Activities wme taking place on the date thls 

Title was adopted shall be deemed tn have qualified for and be operating under such a license upon 

adoption of this Title. 

C. Renewals. At least once every three (3) years after (i) for new facilities, the initial issuance of a facility 

license or (ii) for faciIities already in operation, enactment of this section, TGA shall renew or reissue a 

separate facility license to each existing Gaming Facility and provide a copy of each newly issued or 

renewed facility license to the NIGC within 30 days of issuance. 

U. Uontcnt of submission. TGA shalI submit to the NTGC w~th each new or renewed facility license: 

(I) An attestation certifying that by issuing the facility license: 

(a) The Trihe has identified and enforces its environment and public health and safety laws. resolutions, 

codes. policies, standards or procedures applicable to its Gaming Facility; 

(g) The Tribe is in compliance with those laws, resoIutions. codes, policies, standards, or procedures. or, if 

not in compliance with any or all of the same. the Tribe will identify those with which it is not in 

compIiance, and will adopt and submit its written plan for the specific action it will take, within a period 

not to exceed six (A) months, required far compliance. At the successful completion of such written plan, or 

at the expiration of the penod allowed for its completion, the Tribe shall report the status hereof to the 

NIGC. In the event that the tribe estimates that action for compliance will exceed six (6) months, the Tribe 

may request an extension of the time period. 

(c) The Tribe is ensuring that the construcbon and maintenance of the Gaming Facility, and the operation 

of that Gamlng is conducted in a manner which adequately protects the environment and the public health 

and safety. 

(2) A document Iisting all laws. resolutions, codts, policies. standards or procedures identified by the Tribe 

as applicable to its Gaming Facilities, other than Federal laws. in the following areas: 

(a) Emergency preparedness. including but not limited to fire suppression, Iaw enforcement, and security: 

(h) Food and potable water; 

(c) Construction and maintenance; 

(d) Hazardous materials; 

(e) Sanitatian (both solid waste and wastewater); and 

(f) Other environmental or pubIic health and safety laws, resolut~ons, codes. policies, standards or 

procedures adopted by the Tribe in light of climate. geography. and other local conditions and applicable to 

its gaming places. facilities, or Iocntions. 
(3) After the first submission of a document under paragraph (2) of this section, upon reissuing a license to 

an existing Gaming Facility, and in lieu of complying with paragraph (2) of this section, TGA may certify 

to the NIGC that the Tribe has not substantially modified its laws p~otecting the environment and public 

health and safety. 

E. Notification. TGA tnust notify the NIGC within 30 days if a facility license is terminated or not 

renewed OT if a gaming place, facility, or location closes or reopens. 

Section 7.27.1 3. Penalties and Sanctions For Failure to Comply with Regulations or Agency 

Requirements 

Upon approval by the Commission, any person or entity failing to comply with any of the provisions of this 

Title, or regulations adopted pursuant to it, shall be denied a license or have its license revoked if a license 

has already been issued. In case of a revocation, the revocation shall take effect ninety (90) days after it is 

issued by the TGA. The TGA may withdraw the revocation when it is satisfied the entity is in compliance 

with all reb~lations and requirements. The TGA may also assess a civil penalty of up to five thousand 

dollars ($5,000) for failure to comply with this Title and TGA replations and requirements. 

Chapter 7.28 Gaming Revenues 

Section 7.28.01 Gaming Reven~~es as Tribal Property 

Ylxcept as provided for under the terms of an agreement pursuant to the provisions of IGRA or as othenvise 

permitted by law, all revenues generated from any Class 11 or Class I11 gaming activity are the property of 

the Tribe. Any profits or net revenues from activities within gaming facilities shall be deposited into the 

Tribe's general treasury or such other Tribal account as the Tribe shall determine. No Tribal citizen shalI be 

deemed to have any interest therein, provided that the Tribal Council, in its sale discretion, may adopt rules 

for distributing gaming proceeds to citizens on a per capita basis provided such plan meets the requirements 

of IGRA, 25 U.S.C. 4 2710(b)(3). Once gaming revenues become part of the Tribe's treasury, the revcnues 

shall lose any identity as gaming revenues except to the extent necessary to comply with applicable law. 

Section 7.28.02 Use 

Net revcnues hm gaming activities are not to be used for purposes other than: 

A. To fund Tribal government operations or programs; 

R. To provide for the general welfare of the 'I'rihe and i& Tribal citizens; 

C'. 7'0 promotc Tribal ecnnom~c development: 

D. To donate to charitable organizations: or 

E. To help fund operations of local, non-Tribal, government agencies. 

Chapter 7.29 Class I11 Gaming: Tribal-State Compacts 

Section 7.29.01 Class I11 Gaming: Tribal-State Compacts 

In ncldition to the provisions set forth above, no Class 111 gaming shalI be engaged in on Tribal Lands 

unless a Campact or alternative agreement, as provided for by IGRA, has first been obtained. A11 

negotiations for such cornpacts shall he conducted through thc Tribal Council, with the advice and 

recommendation of the Commission and TGA. and shall be finalized in accordance with Tribal law. TO the 

extent any provision of a Compact is inconsistent with the provisions of this Title, such Compact provrsion 

shall prevail and shall be deemed incorporated by reference herein. 
Chapter 7.30 Management of Tribal Gaming; Restrictions 

Sections: 

7.30.01 Management of Tribal Gaming 

7.30.02 Restrictions 

Section 7.30.01 Management of Tribal Gaming 

Nothing herein shall prevent the Tribe from entering into Management Contracts or other agreements with 

any person or entity for the management or operation of any game otherwise authorized under this Title, so 

long as such agreement is in compliance with applicable law. Further: 

A. Any Management Contmct entered into by the Tribal Council for the management of Cla~ IT or Class 111 

Gaming Activities must he submitted to the NIGC for approval; 

B. Any references to Management Contracts shall be considered to include all collateral agreements to such 

contract or agreement that relate to the Gaming Activity; and 

C. No Management Contract shall be effective unIess it is entered into pursuant to express written authority 

granted under a valid Tribal Council Resolution or Title. The Tribal Council shall specifically approve any 

Management Contract prior to its submission to the NIGC or another governmental entity for approval. 

Section 730.02 Restrictions 

No elected official or employee of the Trihe, including the Commission, TGA or any ather committee or 

agency of the Tribe. shall have n financial interest in or management responsibility for, any Management 

Contract or other such agreement entaed into pursuant to IGRA, nor shall such elected oficial serve on the 

Commission or hold (directly or indirectly) ten percent (10%) or more of the issued and outstanding stock 

of any corporation, or 10% or more of the beneficial interest in any partnership, mst. or other entity, or in 

the case of any entity having thirty-five (35) or less owners, shareholders, partners or beneficiaries, any 

interest In any such corporation, partnership, trust or nther entity, having a financial interest m, or 

managemen1 responsibility for. such contract, or any interest in any entlty. 

Chapter 7.31 Tribal Gaming Commission or Corporation 

Section 7.31.01 Tribal Gaming Commission or Corporation 

Nothing in this Title shall he interpreted to prevent the Tribe (thrr1ug11 the TribaI Council), in its sole 

discretion, hm delegating authority to one or more subordinate Tribal commissions and corporations, to 

manage and operate a Tribal gaming facility, so long as the enterprises to which licenses are issued are 

solely and exclusively owned by the 'Tribe. Any Tribal commission or corporation established by the Tribe 

to conduct business on behalf of the Tribe retains the sovereign immunity of the Tribe, unless specifically 

and expressly waived by the Tribal Council by resolution or Title. 

Chapter 7.32 Age Restrictions on Gaming Activities 

Section 732.01 Class XI1 Gaming 

No person under the age of twenty-one (2 1) shall participate in any Class 111 gaming acrivily, or be aIlowed 

on the gaming floor of the facility where Class 111 gaming is conducted. 

Section 7.32.02 Class 11 Gaming 

No person under the age of eighteen (18) shall participate in any Class 11 gaming activity or be allowed on 

the gaming floor of the fncilitqr where Class I1 gaming is conducted, except under the following 

circumstances: 

A. Special Events. Persons under the age of eighteen (1X) will be allowed to play Class 11 games in a 

limited number of special events, as provided below. put on by the Casino Management; 

R. Limit The number of Special Events will he limited to a maximum of four (4) a year; and 

C. Restrictions. Those \\ha participate in Class IT gaming under this Specral Events exception will be 

accompanied by an adult family member, i.e., parenls. grandparenrs. spouse or legal guardian (those 

individuals appointed by n court of Iaw as the legal guardian of an individual) over the age of 18. 
Chapter 7.33 MisceElaneous Previsions 

Section 7.33.01 Indemnification of Commission Members, Officers and Employees 

the Tribe shaIl indemnify ally pcTson who was or is a party or is under threat to he made a party to any 

pending or completed action, suit or proceeding either civil, criminal, administrative or investigative soIeIy 

by the reason of the fact that he or she is or was a Commissioner, Officer, agent or employee acting on 

behalf of the Commission or TGA, or is or was serving at the request of the Commission or TGA, as a 

director or officer. against expenqes (including attorney's fees), judgments fees, judgments, fines and 

amounts paid in settlements actually and reasonabIy incurred by him or her in connection with such action, 

suit or proceeding. 

However, the Tribe shall not indemnify such Commissioner or oficer if the Tribal Council shalI determine 

that the Commissioner or officer hiled to act in good faith and with the degree of diligence, care and skill 

which ordinarily prudent men wouId exercise under similar circumstances in like positions. The right of 

indemnification provided for herein shalI not be deemed exclusive ofany other rights to which such 

Commissioner or officer may be entitled and shall inure to the benefit of the heirs, executors, and 

administrators of any such person. 

Chapter 7.34 Construction and Severability 

Section 7.34.01 Constrllction and Severability 

A. This Title is exempted from the rule of strict construction, and shall be liberally construed to give full 

effect to the objectives and purposes for which it was enacted; and 

B. If any section of this Title, or its applicatjon to any person or entity or circumstance, is held invalid. the 

remainder of the Title. or the application of the provision to other persons or entities or circumstances. shall 

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

Chapter 7.35 Tribal Sovereign Immunity and Jurisdiction Preserved 

Section 735.01 Tribal Sovereign Immunity and Jurisdiction Preserved 

Nothing in this Title shall be construed as a waiver of the sovereign immunity of the Tribe, the Tribal 

Council, or of any Commission. committee, or corporation acting under the authority of the Tribe or the 

Tnbal Council. Nothing in th~s Title shall be construed as a grant ofjurisdiction to the United States or to a 

State or local government.