SAMISH INDIAN NATION
GAMING ORDINANCE

Samish Tribal Code § 6.200

1. The following notice shall be placed on the application form for a
key employee or a primary management official before that form is
filled out by an applicant:

In compliance with the Privacy Act of 1974, the following
information is provided: solicitation of the information on
this form is authorized by 25 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 need for
the information in the performance of their official duties.
The information may be disclosed to appropriate Federal,
Tribal, State, local or foreign law enforcement and
regulatory agencies when relevant to civil, criminal or
regulatory investigations or prosecutions or when pursuant
to a requirement by the Samish Indian Nation 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 the Samish Indian Nation or
the tribal gaming operation. Failure to consent to the
disclosures indicated in this notice will result in the Tribe
being unable to hire you in a primary management official
or key employee position.

2. Existing key employees and primary management officials shall be
notified in writing that they shall either:

a. Complete a new application form that contains a Privacy
Act notice; or

b. Sign a statement that contains the Privacy Act notice and
consent to the routine uses described in that notice.

3. The following notice shall be placed on the application form for a
key employee or a primary management official before that form is

filled out by an applicant:

A false statement on any part of your application may be grounds

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Adopted 03-09-05 by Resolution No. 2005-03-04 Subject: Gaming Ordinance
Revised Ordinance adopted 08-26-05 by Resolution No. 2005-08-017


SAMISH INDIAN NATION
GAMING ORDINANCE

Samish Tribal Code § 6.200

1. Pursuant to the procedures set out in subsection E of this section,
the Samish Indian Nation shall prepare and forward to the National
Indian Gaming Commission an investigative report on each
background investigation. An 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 basis for those conclusions.

2. The Tribe shall submit, with the report, a copy of the eligibility
determination made under subsection D of this section.

3. Ifa license is not issued to an applicant, the Tribe:
a. Shall notify the National Indian Gaming Commission; and
b. May forward copies of its eligibility determination and

4. With respect to key employees and primary management officials,

the Tribe shall retain applications for employment and reports (if
any) of background investigations for inspection by the Chairman
of the National Indian Gaming Commission or his or her designee
for no less than three (3) years from the date of termination of
employment.

G. Granting a Gaming License

1. If, within a thirty (30) day period after the National Indian Gaming
Commission receives a report, the National Indian Gaming
Commission notifies the tribe that it has no objection to the
issuance of a license pursuant to a license application filed by a
key employee or primary management official for whom the tribe
has provided an application and investigative report to the National
Indian Gaming Commission, the Tribe may issue a license to such
applicant.

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Adopted 03-09-05 by Resolution No. 2005-03-04 Subject: Gaming Ordinance
Revised Ordinance adopted 08-26-05 by Resolution No. 2005-08-017


SAMISH INDIAN NATION
GAMING ORDINANCE

Samish Tribal Code § 6.200

g. The names and addresses of any licensing or regulatory
agency with which the person has filed an application for a
license or permit related to gaming, whether or not such
license or permit was granted;

h. For each felony for which there is an ongoing prosecution
or a conviction, the charge, the name and address of the
court involved, and the date and disposition if any;

i. For each misdemeanor conviction or ongoing misdemeanor
prosecution (excluding minor traffic violations), within ten
(10) years of the date of the application, the name and
address of the court involved and the date and disposition;

j. For each criminal charge (excluding minor traffic charges),
whether or not there is a conviction, if such criminal charge
is within ten (10) years of the date of the application and is
not otherwise listed pursuant to paragraph (1)(h) or (1)(3) of
this section, the criminal charge, the name and address of
the court involved and the date and disposition;

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

1 A current photograph;
m. Any other information the Tribe deems relevant; and

n. Fingerprints consistent with procedures adopted by the
Tribe according to 25 C.F.R. §522.(2)(h). The Tribe will, if
it does not have a gaming commission in operation with the
capacity to take and process fingerprints under this Section,
contract with a state, local or other tribal law enforcement
agency to take and process fingerprints under this
Ordinance.

2. The Samish Indian Nation, if it does not have a gaming
commission with the capacity to independently conduct
background investigations, may contract with a law enforcement
agency or gaming regulatory agency from another government,

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Revised Ordinance adopted 08-26-05 by Resolution No. 2005-08-017


SAMISH INDIAN NATION
GAMING ORDINANCE

Samish Tribal Code § 6.200
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, §1001.)

4. The Samish Indian Nation shall notify in writing, existing key
employees and primary management officials that they shall either:

a. Complete a new application form that contains a notice; or
b. Sign a statement that contains the notice regarding false
statements.

Cc. Background Investigations

1. The Samish Indian Nation shall request from each primary
management official and from each key employee, all of the
following information:

a. Full name, other names used (oral or written), social
security number(s), birth date and place, citizenship,
gender, all languages (spoken or written);

b. Currently and for the previous ten (10) years: business and
employment positions held, ownership interests in those
businesses, business and residence addresses, and driver's
license numbers;

c. The 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 listed under paragraph (1)(b) of this section;

d. Current business and resident telephone numbers;

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

f. A description of any existing and previous business

relationships with the gaming industry generally, including
ownership interests in those businesses;

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Revised Ordinance adopted 08-26-05 by Resolution No. 2005-08-017


SAMISH INDIAN NATION
GAMING ORDINANCE

Samish Tribal Code § 6.200

(h) take any other appropriate steps to verify the accuracy of
the information, focusing on problem areas noted. The law
enforcement agency shall create an investigative report
noting the steps take, information gained, potential problem
areas, and any disqualifying information.

D. Eligibility Determination

The Tribe shall review a person's prior activities, criminal record,
if any, and reputation, habits and associations to make a finding
concerning the eligibility of a key employee or primary
management official for employment in a gaming operation. If the
Tribe determines that employment of the person poses a threat to
the public interest or to the effective regulation of gaming, or
creates or enhances dangers of unsuitable, unfair, or illegal
practices and methods and activities in the conduct of gaming, a
tribal gaming operation shall not employ that person in a key
employee or primary management official position.

E. Procedures for Forwarding Applications and Reports for Key
Employees and Primary Management Officials to the National
Indian Gaming Commission

1. When a key employee or primary management official begins
work at a gaming operation authorized by this ordinance, the Tribe
shall forward to the National Indian Gaming Commission a
completed application for employment and conduct the
background investigation and make the determination referred to in
subsection D of this section.

2. The Tribe shall forward the report referred to in subsection F of
this section to the National Indian Gaming Commission within
sixty (60) days after an employee begins work or within sixty (60)
days of the approval of this Ordinance by the National Indian
Gaming Commission.

3. The gaming operation shall not employ as a key employee or
primary management official a person who does not have a license
after ninety (90) days.

F. Report to the National Indian Gaming Commission

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Adopted 03-09-05 by Resolution No. 2005-03-04 Subject: Gaming Ordinance
Revised Ordinance adopted 08-26-05 by Resolution No. 2005-08-017


October 24, 2005

Via Facsimile and U.S. Mail
(503) 939-8022

Craig J. Dorsay, Esq.
2121 S.W. Broadway, Suite 100
Portland, OR 97201

RE: Approval of Class II and Class III Tribal Gaming Ordinance

Dear Mr. Dorsay:

This is in response to your letter dated August 26, 2005, requesting review and approval
of the Samish Indian Nation’s Tribal Gaming Code, as adopted by Tribal Council
Resolution No. 2005-08-017 (Aug. 26, 2005).

The tribal gaming code is consistent with the requirements of the Indian Gaming
Regulatory Act (IGRA) and the National Indian Gaming Commission’s regulations.
Therefore, the tribal gaming code is hereby approved.

Chairman

Cc: — Samish Tribal Council
Attn: Rick Landers, General Manager
P.O. Box 217 Anacortes, WA 98221
Facsimile: (360) 299-0790

NATIONAL HEADQUARTERS 1447 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 +WWW.NIGC.GoV

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK


SAMISH INDIAN NATION
GAMING ORDINANCE

Samish Tribal Code § 6.200
use of mediation or arbitration. In the absence of any such procedures, all disputes

involving the gaming public shall be subject to the jurisdiction of the Samish Tribal
Court, pursuant to the Samish Tribal Court Rules and Procedures Ordinance.

6.29 Agent for Service of Process

The Tribe shall provide NIGC from time-to-time with notice of the Tribe’s
official agent for service of process under 25 C.F.R. § 519.1. Such notice shall be
provided by letter, sent by certified mail.

§ 6.30 Repeal

To the extent that they are inconsistent with this ordinance, all prior gaming
ordinances are hereby repealed.

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Adopted 03-09-05 by Resolution No. 2005-03-04 Subject: Gaming Ordinance
Revised Ordinance adopted 08-26-05 by Resolution No. 2005-08-017


SAMISH INDIAN NATION
GAMING ORDINANCE

Samish Tribal Code § 6.200

2. The Tribe shall respond to a request for additional information
from the Chairman of the NIGC concerning a key employee or a
primary management official who is the subject of a report. Such a
request shall suspend the 30-day period under paragraph G.1. of
this section until the Chairman of the NIGC receives the additional
information.

3. If, within the thirty (30) day period described above, the NIGC
provides the Tribe with a statement itemizing objections to the
issuance of a license to a key employee or to a primary
management official for whom the Tribe has provided an
application and investigative report to the NIGC, the Tribe shall
reconsider the application, taking into account the objections
itemized by the NIGC. The Tribe shall make the final decision
whether to issue a license to such applicant.

H. License Suspension

1. If, after the issuance of a gaming license, the NIGC notifies the
Tribe that the NIGC has reliable information indicating that a key
employee or a primary management official is not eligible for
employment under subsection D above, the Tribe shall suspend
such license and shall notify in writing the licensee of the
suspension and the proposed revocation.

2. The Tribe shall notify the licensee of a time and a place for a
hearing on the proposed revocation of a license.

3. After revocation hearing, the Tribe shall decide to revoke or to
reinstate a gaming license. The Tribe shall notify the NIGC of its
decision.

§ 6.27 License Locations

The Tribe shall issue a separate license to each place, facility, or location on
Indian lands where Class II or Class III gaming is conducted under this ordinance.

§ 6.28 Dispute Resolution

The Tribe shall establish a dispute resolution procedure for each gaming operation
for resolving disputes between the gaming public and the tribe or any management
contractor. It shall be the policy of the Tribe to resolve such disputes informally through

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Revised Ordinance adopted 08-26-05 by Resolution No. 2005-08-017


SAMISH INDIAN NATION
GAMING ORDINANCE

Samish Tribal Code § 6.200

including but not limited to tribal, state or local law enforcement
agencies, to conduct an investigation sufficient to make a
determination under subsection D below. In conducting a
background investigation, the Tribe or its agents shall promise to
keep confidential the identity of each person interviewed in the
course of the investigation. The Samish Tribal Council or Tribal
Gaming Commission will review and approve any background
investigation conducted pursuant to this Section.

3. The Tribe will contract with a state, local or tribal law enforcement
agency to conduct a background investigation on each applicant
sufficient to allow the Tribal Council, or Tribal Gaming
Commission when one is formed, to make an eligibility
determination under Section D below. The law enforcement
agency selected by the Tribe will be documented with the NIGC
by letter. Any background investigation shall include at a
minimum the following items:

(a) _ verify the applicant’s identity through items such as social
security card, drivers license, birth certificate, or passport;

(b) contact personal and business references and verify other
information submitted by applicant, focusing on any
problems areas noted;

(c) __ obtain a personal credit check;

(d) conduct a civil history check;

(©) conduct a criminal history check including, if appropriate,
submission of the applicant’s fingerprints to the NIGC, and
including a check of criminal history records information
maintained by the FBI;

(f) inquire into any previous or existing business relationships
with the gaming industry and Indian tribes by contacting
those entities and tribes;

(g) __ verify applicant’s history and status with any licensing
agency by contacting the agency; and

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Adopted 03-09-05 by Resolution No. 2005-03-04 Subject: Gaming Ordinance
Revised Ordinance adopted 08-26-05 by Resolution No. 2005-08-017


SAMISH INDIAN NATION
GAMING ORDINANCE

Samish Tribal Code § 6.200

1. Key employee:

(a) A person who performs one or more of the following
functions:

(€9) Bingo caller;

(2) Counting room supervisor;

(3) Chief of security;

(4) Custodian of gaming supplies or cash;

(5) Floor manager;

(6) Pit boss;

(7) Dealer;

(8) Croupier;

(9)  Approver of credit; or

(10) Custodian of gaming devices including persons with
access to cash and accounting records within such
devices

(b) If not otherwise included, any other person whose total
cash compensation is in excess of $50,000 per year.

(c) If not otherwise included, the four most highly
compensated persons in the gaming operation.

2. Primary Management Official:

(a) The person having management responsibility for a
management contract;

(b) Any person who has authority:
(1) To hire and fire employees; or
(2) To set up working policy for the gaming operation;

or

(c) The chief financial officer or other person who has
financial management responsibility.

B. Application Forms

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Adopted 03-09-05 by Resolution No. 2005-03-04 Subject: Gaming Ordinance
Revised Ordinance adopted 08-26-05 by Resolution No. 2005-08-017


SAMISH INDIAN NATION
GAMING ORDINANCE

Samish Tribal Code § 6.200

§ 6.23 Use of Gaming Revenue

A. Net revenues from Class II and Class III gaming shall be used only for the
following purposes: to fund tribal government operations and programs; to
provide for the general welfare of the Tribe and its members; promote
tribal economic development; donate to charitable organizations; or help
fund operations of local government agencies.

B. If the Tribe elects to make per capita payments to tribal members, it shall
authorize such payments only upon approval of a plan submitted to the
Secretary of the Interior under 25 U.S.C. §2710(b)(3) and 25 C.F.R. Part
290.

§ 6.24 Audit

A. The Tribe shall cause to be conducted annually an independent audit of
gaming operations and shall submit the resulting audit reports to the
National Indian Gaming Commission.

B. All Gaming related contracts that result in the purchase of supplies,
services, or concessions in excess of $25,000.00 annually, except contracts
for professional legal and accounting services, shall be specifically
included within the scope of the audit that is described in subsection A
above.

§ 6.25 Protection of the Environment and Public Health and Safety

Class II and Class II gaming facilities shall be constructed, maintained and
operated in a manner that adequately protects the environment and the public health and
safety.

§ 6.26 Background Investigations: Key Employees and Primary Management

Officials

The Samish Indian Nation shall ensure that the policies and procedures set out in
this section are implemented with respect to key employees and primary management
officials and employed at any Class II and Class III enterprises operated on tribal lands:

A. Definitions

For purposes of this section, the following definitions apply:

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Revised Ordinance adopted 08-26-05 by Resolution No. 2005-08-017


Resolution 2005-03-04;
2005-08-017

Adopted March 9, 2005;
Revised and adopted
August 26, 2005

Subject: Gaming

Aug
SAMISH INDIAN NATION a
GAMING ORDINANCE 005

Samish Tribal Code § 6.200

§ 6.20 Purpose

(a) The Samish Indian Nation, hereinafter “Tribe,” empowered by the Tribe’s
constitution to enact ordinances, hereby adopts this Ordinance in order to
set the terms for and to regulate all gaming activities on Samish tribal
lands.

(b) The Tribe shall conduct gaming operations to obtain revenues for
tribal purposes, to employ tribal members, and to prevent the
infiltration of criminal elements into such operations.

(c) The Tribe shall conduct all gaming operations in accordance with the
Indian Gaming Regulatory Act, all applicable federal regulations and
guidelines, and consistent with the Tribe's sovereign authority over its
affairs.

(d) This Ordinance is an exercise of the policy and general welfare powers of
the Samish Indian Nation, acting in the best interests of the tribal
membership. All provisions of this ordinance shall be liberally construed
to achieve their purposes.

§ 6.21 Gaming Authorized

Class II and Class III gaming as defined in the Indian Gaming Regulatory Act,
P.L. 100-447, 25 U.S.C. §2703(7)(a) and 25 U.S.C. §2703(8) ("IGRA") and by the
regulations promulgated by the National Indian Gaming Commission ("NIGC") is hereby
authorized.

§ 6.22 Ownership of Gaming

The Tribe shall have the sole proprietary interest in and responsibility for the
conduct of any gaming operation authorized by this ordinance.

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Adopted 03-09-05 by Resolution No. 2005-03-04 Subject: Gaming Ordinance
Revised Ordinance adopted 08-26-05 by Resolution No. 2005-08-017


WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

_Samish Indian Nation

OF WASHINGTON

Motion No.: 2005-88-032 4K
Resolution No.: 2005-08-17

Date Approved: August 26, 2605

Subject: Revised Gaming Ordinance

the Samish Indian Nation was Fedvrally re-acknowledged by the Assistant Secretary of
the Department of the Interior of the United States of America on April 26, 1996; and

the Samish Tribal Council is empowered to act on behalf of the Samish Indian Nation
pursuant to Article VL, Section 2 of the Samish Constitution, approved by the Samish
General Council on March 2, 2004 and recognized by the United States Department of
the Interior, Assistant Secretary for Indian Affairs on April 20, 2004; and

the Tribal Council approved a Samish Gaming Ordinance on March 9,2005, by
Resolution No. 2005-03-004, and submitted that Ordinance to the National Indian
Gaming Commission for its review and approval as required by the Indian Gaming
Regulatory Act, 25 U.S.C. § 2701 et seq.; and

Tepresentatives of the NIGC contacted the Tribe and indicated that several minor changes
and typographical corrections needed to be made and resubmitted to the NIGC before the
Ordinance could be reviewed and approved by the NIGC;

THEREFORE BE IT RESOLVED that the Samish Tribal Council does hereby approve the revised

Gaming Ordinance attached to this Resolution, and directs the Tribal Attomey to
resubmit this revised Ordinance to the NIGC for review and approval.

SAMISH TRIBAL COUNCIL

a a
-feS Kenneth C. Hansen

Tribal Chairman

The above resolution was duly adopted by the Samish Tribal Council at a regular meeting held on the 26”
day of August, 2005 at which time a quorum was present by a vote of:
4__FOR,_0 AGAINST,_0 ABSTAIN.

Certified by: _/ SD ébkacg
Chris De Kay

Tribal Council Secretary

MAILING ADDRESS: P.O. BOX 217 ANACORTES, WA. 98221
OFFICE: 2918 COMMERCIAL AVE. ANACORTES, WA, 98221
PHONE: (360) 293-6404 FAX: (360) 299-0790 E-MAIL: samishtribe.com