December J, 2017 

VIA EMAIL: earlm@fahehalistga. com 

AND FIRST-CLASS MAIL 

C. Earl McWhorter, Executive Director 

Chehalis Tribal Gaming Agency 

Confederated Tribes of the Chehalis Reservation 

12888 I 88th Ave SW 

Rochester, WA 98579 

Dear Mr. Mc Whorter: 

Re: Amended Tribal Gaming Ordinance of the 

Confederated Tribes of the Chehalis Reservation 

This letter responds to your request on hehalf of the Confederated Tribes of the Chehalis 

Reservation for the National Indian Gaming Commission to review and approve the Tribe's 

amended gaming ordinance, Chehalis Tribal Code Chapter 13.05 "Gaming". 

The amended gaming ordinance was adopted on September 26, 201 7, by Confederated 

Tribes of the Chehalis Reservation Resolution No. 2017-080 (RE: Approving Chehalis Tribal 

Code Chupter J 3. 05 "Gaming," as revised, and Directing the Chehalis Tribal Gaming Agency 

to Resubmit the Gaming Code, as revised, to the National Indian Gaming Commission/or 

Review and Approval). Because the Tribe's existing gaming ordinance was approved in 

December 1993, and changes were made to the NIGC fegulatory requirements in the interim, the 

ordinance was amended to comply with those regulations. 

Thank you for submitting the amended gaming ordinance for review and approval. As it 

is consistent with the requirements of the Indian Gaming Regulatory Act and the NIGC's 

regulations, the amended gaming ordinance is approved. If you have any questions, please feel 

free to contact Armando Acosta, Senior Attorney, at 202-632-7003. 

Sincerely, 

Jonodev 0. Chaudhuri 

N£W MAILING ADDRESS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Slreel NW, Moil Stop# 1621 Washington, DC 20240 Tel: 202.632.7003 Fax: 202.632.7066 

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Poul, MN; Tulsa OK; Oklahoma City, OK 

WWW.NIGC.GOV 
CONFEDERATED TRIBES 

of the 

CHEHALIS RESERVATION 

RESOLUTION NO. 2017~ 080 

RE: Approving Chehalis Tribal Code Chapter 13.05 ~'Gaming,'~ as revised and Directing the ChehaliK 

Tribal Gaming Agency to Resubmit the Gaming Code, as revised, to the National Indian Gaming 

Commission for Review and Approval · 

Whereas: The Business Committee of the Confederated Tribes of die Chehfll.is Re~ervation is the duly constih1tcd 

goveming body qf.lhe Chehalis Tribe, .in accordance with the Constitution and By-laws adopted by voring members 

of the Tribe and approved by Lhe Commi:;;sionei: or I ndi:m Affairs; and 

Whereas: Tbe Buif~ ~~& Committee is 1·csponsible for protecting and eilhandng the :1ocial, health, educational and 

economic wcll.:b~g oi\tf.ribal Members; and 

! s J 

Whereas: ~&n;rib~t~as riscliction over the Reset-vation and all ttll$t lands in Indian Countty; and ~ . ~ i l . ·. I J l" 

Whereas: The 1)J~~ ex~ctises its inherent sovereignty through, among other means, enacting legislation under the 

Chehalis T.ri.b.;ll Gh.d~ rb ;m,rulate irsdf an9 all persons with:n it<> jurisdiction; and 

• · · ·11,;r '•v1 , rt: ,· \\ · ~ .. ~ 

Whete~s: 91~elii;J1~. ·~~t~~. Code Chaptet 1.6 requires the Business Corrunittee to follow a certain process for enacting 

new levslaticin;,ar.\~ . ¥ill• . . I , /·1' • f \ 1

, 

Wherc~sr 'T:he ·b;f!Gc. ~eques't~d three minor additions to the language of Chapter 13.05 to coqlp!y with the lndian 

··Gaming Rf<igi.1 at<~~Y Ac.t ~equiletp.e ts, which additions Lo change Lhe basis on which Lhe Business Committee 

previously cotnptied with·the 'process for enacting new legislation; and 

-==='""' W11ew ~; 'l~e Cb~Ji~':,l'flJ~&.&ru:nfa g s~11c;• :m£! the Unslt'\t.'1.$ Committee have drnfre1;Lth!'..J!J1Bthed Gaming 

Ordinance, al>' tevlseq,. [61 .. adop ~on as the new Chnpter 1 ~.05 of the Chelrnlis Tribal Code, the Business Committee 

apptoyed ~1is G~rrti.t g Ordi1rnnce; and · 

. . . Whereas: The Jjusi1tes.s Committee has reviewed a tevii;ed dtaft of the p1·oposed revised Chaptei: 13.05, a copy of 

· which is attacheJ h~etoJ and the Business Committee has followed che ptocedures fo.r ndoption of the Gaming • .L ~ if\ . Ordioauce; and.:} .. 1 ~ • • • , 

: ' .. , ~ r . I 

./J j i 'Where ~~~·':fhe Tti;b~t~ ol'ilignted f{) comply with the Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et ietp, an~ is 

?1'1 , . itcP..ili~J~Hcfei: 25SC.F.R:: §·f>22.3 to submit its gaming ordin:uicC! to the Cbaii;mah of the Nationa\.l~~d\11~ Chp:Ung.., j ~. ; · ~~~tission witbih fifteen days of adoption. ·. · - ·.1 .' : ,·,) 1 l /·[ '-.. y · 

l lj, • .... ~:-.. -·· -J . . , . I I. i \ 1 ~ 

./ /. N~~~lle'f~fure; Let It Be ResoJve'd : Thul the Busin<!SS Committee of .the Gliehalis ·r·~l,be ~oe~ fi·e\k.bJ. !lp~r~ve lj J ';. 

/ ,. tnd adOJ?.it the Ga1tl.ing Ordl~a~ce teplacing the existing Chapter '13.05 of\:he Cf ~halis Tiib~ Co~le ~~ ~:fta9hl!<l ~ fi ; J/ ·~ · l;\ereto, nn<l di.tects the Executive Director of the Chehalis Tribal Garni'ng/1.gency .. ~~ submi~ th,is brqinfi!iice t~ th~. If ~t .... f.1 

Ch11ic.mar1 of the Natlonal lndii!n Gn ~g Co111mission for approval. The or4i11a11ce-shal.l ~ec~ni,19ff~~tive dp~n ~ If . approvil by the Nati~nal Indian Gam.ing Commission. · ;. \ ,• ,'\fl J ; 1

\ I . ·! .. , .. • ' ' I ! 1' I Ii 1 • ! . i ,; . • • ' • 

P.O. BOX 536 • OAKUU .. Lf. WA. 98568 

AC 360-213-5911 • FAX 360-273-5914 

· . , \ •if I f .. i'. • Ji : I .. I t ' I I• / 

J.· J Id; , ti f 

' ! .9 
CHAPTER 13.05 

GAMING 

Sections: 

13.05.0 I 0 Title. 

13.05.020 Purpose. 

13. 05. 03 0 De tin itions. 

13.05.040 Chehalis Tribal Gaming 

Commission-Qualifications. 

13.05 .050 Chehalis Tribal Garn ing 

Commission-Selection. 

13.05.060 Chehalis Tribal Gaming 

Commission - Powers and Duties 

13.05.070 Chehalis Tribal Gaming 

Commission - Officers; Conduct 

of Meetings. 

13.05.080 Chehalis Tribal Gaming Agency -

Powers and Duties. 

13.05.090 Chehalis Tribal Gaming AgencyExecutive Director. 

13 .05. I 00 Chehalis Tribal Gaming Agency -

Employees. 

13 .05. I I 0 Chehalis Tribal Gaming Agency -

Duty to Report. 

13.05.120 Chehalis Tribal Gaming Agency -

Activities Prohibited. 

13.05.130 Chehalis Tribal Gaming AgencyEnforcement, Investigations and 

Sanctions. 

13 .05. 140 Cheha lis Tribal Gaming AgencyLicensing. 

13 .05.150 Chehalis Tribal Gaming Agency -

Audits. 

13.05. !60 Rulemaking 

13.05.170 Allocation ofNet Revenues. 

13. 0 5. 1 80 Grievances. 

13. 05. l 90 Concurrent J uri sd icti on. 

13.05.200 Law Enforcement Jurisdiction 

Relating to Gambling -

Investigative Authority. 

13. 0 5 .2 I 0 Law Enforcement Jurisdiction 

Relating to GamblingJurisdictional Forums. 

13.05.220 Authorized Gaming. 

13.05.230 Severability. 

13.05.010 Title. 

This chapter shall be known as Chapter 

13.05 CTC, Chehalis Tribal Gaming 

Ordinance, and shall become effective upon 

final approval by the National Indian Gaming 

13-1 

Commission (hereinafter ''NIGC"). (Res. 

1995-20, passed Apr. 19, 1995, adopting Res. 

95-1, passed by the Chehalis Community 

Council, Apr. 18, 1995; Amended by Res. No. 

2013-37, Jun. 4, 2013) 

13.05.020 Purpose. 

The General Council and the Business 

Committee of the Confederated Tribes of the 

Chehalis Reservation, acting pursuant to the 

Constitution of the Confederated Tribes of the 

Chehalis Ind ian Reservation (collective ly 

hereinafter "Tribe,,), with full power to enact 

ordinances, and further acting pursuant to the 

Class Ill Gaming Compact between the Tribe 

and the state of Washington (hereinafter 

"Compact,,), hereby enacts this regulatory 

ordinance to achieve the following purposes: 

A. That there shall be and hereby is 

created the Chehalis Tribal Gaming Agency 

("Agency") as an agency and department of 

the Chehalis tribal government, whose purpose 

is to be the single tribal agency primarily 

responsible for regulatory oversight of Class I, 

II, and III gaming as defined in the Indian 

Gaming Regulatory Act (hereinafter "IGRA"), 

and the Compact. 

B. In recognition of the close relationship 

between professional gambling and organized 

crime, and except as explicitly authorized 

hereby: to restrain all persons or entities from 

seeking profits from professional gambling 

activities within the Tribe's jurisdiction as 

defined in its Constitution and Bylaws, Article 

11; to restrain all persons from patronizing such 

professional gambling activities; to safeguard 

the Indian and non-Indian public of the Tribe 

against the evils induced by common gamblers 

and common gambling houses engaged in 

professional gambling; and at the same time, 

to avoid restricting participation by individuals 

in activities and soc ial pastimes, which 

activities and social pastimes are more for 

amusement rather than for profit, may have 

cultural value, do not maliciously affect the 

Indian and non-Indian public of the Tribe, and 

do not breach the peace. 

C. The Tribe further declares that the 

exercise of tribal power through this chapter is 

necessary to protect the right of tribal selfgovemment and to regulate its internal 

relations so as to protect its political and 
economic security. 

D. To ensure proper operation and 

regulation of authorized Class I, Class II and 

Class Ill gaming activities. 

E. To provide revenue for social services, 

Jaw enforcement, and other services provided 

by the Chehalis Tribe for the protection and 

welfare of the Chehalis tribal community. 

F.To allow tribal members and guests to 

participate in certain fonns of Class I, Class 11 

and Class III gaming activities as authorized 

pursuant to the Compact.(Res. 1995-20, 

passed Apr. 19, 1995, adopting Res. 95-1, 

passed by the Chehalis Community Council. 

Apr. 18, 1995; Amended by Res. No. 2013-37. 

Jun. 4, 2013) 

13.05.030 Definitions. 

The following tenns when used in this 

chapter shall have the meaning set forth in this 

section: 

"Agency" means the Chehalis Tribal 

Gaming Agency. This includes Agents, Soft 

Count Inspectors, and Surveillance Observers, 

including managers and supervisors hired by 

the Chehalis Tribal Gaming Agency Executive 

Director to enforce certain federal, state, and 

Tribal laws, policies, and procedures in the 

Gaming Facility. 

"Class I gaming'' means social games 

solely for prizes of minimal value as 

detennined by the Tribe, or traditional forms 

of Indian gaming engaged in by individuals as 

a part of, or in connection with, bona fide 

tribal ceremonies or celebrations; 

"Class II gaming" means: 

I. The game of chance commonly known 

as bingo {whether or not electronic, computer, 

or other technologic aids are used in 

connection therewith): 

a. Which is played for prizes, 

including monetary prizes, with cards bearing 

numbers or other designations, 

b. In which the holder of the 

card covers such numbers or designations 

when objects, similarly numbered or 

designated are drawn or electronically 

determined, and 

c. In which the game is won by 

the first person covering a previously 

designated arrangement of numbers or 

designations on such cards, including (if 

13-2 

played in the same location) pull-tabs, lotto, 

punch boards, tip-jars, instant bingo, and other 

games similar to bingo, and 

2. Non-banking card games that: 

a. Are exp I icitly authorized by 

the laws of the state, or 

b. Are not explicitly prohibited 

by the laws of the state and are played at any 

location in the state, but only if such card 

games are played in confonnity with those 

laws and regulations (if any) of the state 

regarding hours or periods of operation of such 

card games or limitations on wagers or pot 

sizes in such card games. 

3. Notwithstanding any other provision 

of this subsection, the tenn ''Class II gaming" 

includes those card games played in the state 

pf Washington, that were actually operated in 

such state by an Indian tribe on or before May 

l, 1988, but only to the extent of the nature 

and scope of the card games that were actually 

operated by an Indian tribe in such state on or 

before such date as detennined by the 

Chainnan of the NIGC. 

4. Notwithstanding any other provision 

of this subsection, the term "Class II gaming" 

includes, during the one-year period beginning 

on October 17, 1988, any gaming that was 

legally operated on Indian lands or before May 

I', 1988, if the Indian tribe having jurisdiction 

over the lands on which such gaming was 

operated requests the state, no later than the 

date that is 30 days after October 17, 1988, to 

negotiate a tribal-state compact under 25 

u.s.c. § 2710 (d)(3). 

"Class III gaming" means all fonns of 

gaming that are not Class I or Class JI gaming. 

"Commission» means the Chehalis Tribal 

Gaming Commission elected by the Chehalis 

Tribal General Council. 

"Gaming Facility" means the building, 

including the room or rooms in which Class HI 

Gaming activities as authorized by the 

Compact are conducted on Tribal Lands. 

"Gaming Operation•• means the enterprise 

operated by the Tribe on Tribal Lands for the 

conduct of Class Ill gaming in any Gaming 

Facility. 

"Key Employee" means: 

I . A person who perfonns one or more 

of the following functions: 

a. Bingo caller; 
b. Counting room supervisor; 

c. Chief of security; 

d. Custodian of gaming supplies 

or cash 

e. Floor Manager; 

f. Pit boss; 

g. Dealer; 

h. Croupier; 

1. Approver of credit; or 

j. Custodian of gambling 

devices, including persons with access to cash 

and accounting records within such devices; 

2. If not otherwise included, any other 

person whose total cash compensation is in 

excess of $50,000.00 per year; 

3. If not otherwise included, the four 

most highly compensated persons in the 

gaming operation; or 

4. Any other person designated by the 

Tribe as a key employee. 

"Net revenues" means gross revenues of a 

gaming activity less amounts paid out as, or 

paid for, prizes and total gaming-related 

operating expenses, including all those 

expenses of the gaming operation commonly 

known as operating expenses and nonoperating expenses consistent with 

professional accounting pronouncements, 

excluding management contract fees. 

"Player" means a natural person who 

engages, on equal terms with the other 

participants, and solely as a contestant or 

bettor, in any form of gambling in which he or 

she may not receive or become entitled to 

receive any profit therefrom other than 

personal gambling winnings, and without 

otherwise rendering any material assistance to 

the establishment, conduct or operation of a 

particular gambling activity. A natural person 

who gambles at a social game of chance on 

equal terms with the other participants therein 

does not otherwise render material assistance 

to the establishment, conduct or operation 

thereof by performing, without fee or 

remuneration, acts directed toward the 

arrangement or facilitation of the game, such 

as inviting persons to play, permitting the use 

of premises therefor, and supplying cards or 

other equipment used therein. 

"Primary Management Official" means 

any of the following: 

13-3 

I. The person(s) having management 

responsibility for a management contract. 

2. Any person who has authority: 

a. To hire and tire employees; or 

b. To set up working policy for 

the gaming operation; or 

c. The chief financial officer or 

other person who has financial management 

responsibility. 

3. Any other person designated by the 

Tribe as a primary management official. 

"Punch boards" and "pull-tabs" shall be 

given the usual and ordinary meaning as of 

January I, I 982; or as otherwise defined by 

the Tribe by rule or regulation. 

"Sports pool" means a game of wagers, on 

a regularly scheduled athletic contest, of one 

hundred squares wherein each square is sold 

for not more than ten dollars (wager) plus an 

administrative charge payable to the Tribe of 

not more than fifty cents per ten-dollar wager. 

All wagers shall be awarded to winners as 

prizes. All other provisions of st.ate law 

established in RCW 9.46.0335, as of 

December 21 , 1992 and as thereafter amended, 

r.egard ing the conduct of sports pools are 

n~reby adopted by the Tribe and incorporated 

by reference, and shall be applicable, in 

accordance with Compact Section HI, F. 

"State Gaming Agency" Means the 

Washington State Gambling Commission, or 

such other agency formed under Washington 

State law to replace or perform the duties of 

the Washington State Gambling Commission. 

"Tribal Law Enforcement Agency" means 

the police force of the Confederated Tribes of 

the Chehalis Reservation established and 

maintained by the Tribe pursuant to the 

!fribe's powers of self-government to enforce 

the law within Tribal Lands. (Res. 1995-20, 

passed Apr. 19, 1995, adopting Res. 95-1, 

passed by the Chehalis Community Council, 

Apr. 18, 1995; Amended by Res. No. 2013-37, 

Jun. 4, 2013) 

13.05.040 Chehalis Tribal Gaming 

Commission - Qualifications. 

A. The Business Committee shall require 

that all persons being considered for 

appointment submit to a background 

investigation and state and tribal licensing 

requirements for Class 11 and Class III gaming. 
B. No person may be a commissioner 

unless they are a duly enrolled member of the 

Tribe and at least twenty-one (21) years of 

age. 

C. No person may be a commissioner if 

they have been convicted of a felony or 

misdemeanor indicating that such person 

would be determined to be a person whose 

prior activities, criminal record, or associations 

pose a threat to the effective regulation of 

gaming or create or enhance the chances of 

unfair or illegal practices, methods and 

activities in the conduct of the gaming 

activities permitted pursuant to the Compact; 

or if the person has violated, failed or refused 

to comply with the provisions, requirements, 

conditions, limitations or duties imposed by 

any provision of the Compact. 

D. Notwithstanding anything herein to 

the contrary, in the absence of other violations, 

it shall not be automatic grounds for removal 

of a commissioner or ineligibility to serve on 

the Commission if such person has been 

charged or convicted of the following nongambling related offenses: 

I. Hunting or fishing offenses; 

or 

2. A ciga.rette or alcohol sales 

offense. 

E. Within thirty (30) days of their 

appointment to the Commission, all 

commissioners sha ll be required to certify in 

writing to the Chairman of the Chehalis Tribal 

Business Committee that the commissioner 

has read and is familiar with the contents of 

this ordinance and the Compact. (Res. 1995-

20, passed Apr. 19, 1995, adopting Res. 95-1, 

passed by the Chehalis Community Council, 

Apr. 18, 1995) 

13.05.050 Chehalis Tribal Gaming 

Commission - Selection. 

A. The Commission shall consist of five 

members appointed by the General Council, 

upon an election called by the Business 

Committee at a regularly-scheduled General 

Council Meeting. Absentee ballots will not be 

valid. Once elected, the members of the 

Commission shall decide who among them 

sha ll serve as chair, vice-chair, secretary, 

treasurer, and commission member. Members 

13-4 

of the Commission shall be known as 

"commissioners," who shall ho ld tenns as 

follows: 

I. Three-year terms, provided of 

the first appointed commissioners, 

three-year term, 

year tenn, and 

year term. 

2. 

a. Two shall hold a 

b. Two shall hold a twoc. One shall hold a oneCommissioners shalt hold 

office until their successors are duly appointed 

and qualified, which successors shall all hold 

three-year terms. 

B. No employee of any tribal Class I, II, 

or Ill gaming operation as defined in IGRA or 

any non-tribal gaming operation may be a 

commissioner or an employee of the Agency. 

C. In case of a vacancy on the 

Commission, the Commission shall, within 

seven (7) days of such vacancy, make a 

written recommendation to the Business 

Committee of a person to fill such vacancy. 

Within thirty (30) days of receiving such 

written recommendation from the 

Commission, the Business Committee shall 

appoint a commissioner to serve in the vacated 

position for the unexpired term, provided that 

soch person need not be the person 

recommended by the Commission but, 

provided further, that if the Business 

Committee does not appoint a replacement for 

the vacancy within thirty (30) days of 

receiving the Commission's recommendation, 

the person recommended by the Commission 

shall serve in the vacated position for the 

unexpired term provided such person meets a ll 

other applicable requirements for service on 

the Commission .. 

D. If a commissioner shall die, resign, be 

removed from office, or be found guilty while 

.in office of a felony or misdemeanor involving 

dishonesty in any tribal, state, or federal court, 

the Business Committee shall declare that 

commissioner's position vacant and shall 

appoint a successor to fill the unexpired term. 

E. A member of the Commission may be 

removed by vote of the majority of the 

Business Committee, after notice and an 

opportun ity for a hearing is given. 
I. Removal shall be only for 

cause, such as the inability or unwillingness to 

perfonn duties necessary to the office, misuse 

of funds, or under the provisions of subsection 

(2) below. 

2. A commissioner may be 

removed upon specific written charges filed by 

the Commission or by the Business Committee 

and with a majority vote of the Business 

Committee due to: an arrest and/or conviction 

of that commissioner of any crime; failure to 

attend Commission meetings; failure to 

comply with applicable rules of conduct; or 

inefficiency, misconduct, malfeasance and/or 

misfeasance in office. However, such 

commissioner shall be given a written 

statement of the charges against him or her at 

least ten (I 0) days before the meeting of the 

Business Committee at which he or she is to 

appear, and shall be given an opportunity to 

answer any and all charges at the meeting 

before a vote is taken in the matter. The 

decision of the Business Committee shall be 

final and non-appealable. Removal of any 

commissioner by the Business Committee 

shall disqualify such member for reappointment to the Commission. (Res. 1995-

20, passed Apr. 19, 1995, adopting Res. 95-1, 

passed by the Chehalis Communiry Council, 

Apr. 18, 1995; Amended by Res. No. 2013-37, 

Jun. 4, 2013) 

13.05.060 Chehalis Tribal Gaming 

Commission - Powers and Duties. 

The Chehalis Tribal Gaming Commission 

exercises certain powers delegated to the 

Commission by the Business Committee for 

the purpose of ensuring that the Tribe remains 

in compliance with the Compact, IGRA, and 

other applicable laws. To accomplish this 

purpose, the Commission shall perfonn lhe 

following functions and duties: 

A.Interview and hire a candidate for 

appointment as Tribal Gaming Agency 

Executive Director when the Executive 

Director position becomes vacant. 

B. Review the monthly, quarterly, and 

other regular summary repons provided by the 

Tribal Gaming Agency pursuant to this 

13-5 

chapter. Individual incident reports shall be 

provided to the Commission as directed by the 

Chair of the Commission or his or her 

designee. Incident reports and all related 

materials concerning the appeal of a Tribal 

Gaming Agency action shall be provided to 

the Commission during the appeal process; 

C. Hear appeals of actions taken by the 

Tribal Gaming Agency and prescribe the 

procedures for the conduct of appeal hearings; 

D.Maintain the confidentiality of 

information received by the Commission 

concerning the Gaming Operation and the 

~ctions of the Agency; except that no 

Commissioner shall be deemed to breach this 

duty of confidentiality should the 

Commissioner disclose infonnation which he 

or she is obligated to report under the tenns of 

this chapter or other applicable law, so long as 

the disclosure is perfonned in the manner 

required by this chapter or other applicable 

law. Any other disclosure or release of 

~onfidential information shall be considered 

Commissioner misconduct and grounds for 

removal of the Commissioner under the rules 

of this chapter. 

E. Advise the Tribal Gaming Agency 

Executive Director on matters relating to 

implementation of the requirements of this 

chapter, the Compact, IGRA, and other laws, 

rules, and regulations applicable to tribal 

gaming. 

F. Comply with rules of conduct 

Jlpplicable to Tribal Gaming Agency Agents 

under Standard Operating Procedures 

approved by the Business Committee, 

including without limitation rules regarding 

fraternization, conduct, gambling, and 

consumption of alcohol. A violation of these 

rules shall be considered Commissioner 

misconduct and grounds for removal of a 

Commissioner under the rules of this chapter. 

· · G. Review the proposed annual budget 

for the Tribal Gaming Agency set forth in 

:J;J.05.090 of this Chapter prior to its 

submission to the Business Committee for 

approval. 

li3.0S.070 Chehalis Tribal Gaming 

Commission - Officers; Conduct of 

Meetings. 
A. The chair of the Commission shall 

preside over all meetings of the Commission, 

shall perfonn al I duties of a chair, and shall 

exercise any authority delegated to him or her 

by the Commission. The chair may vote and 

shall be counted in the establishment of a 

quorum. 

B. The vice-chair shall assist the chair 

when called upon to do so and will preside in 

the absence of the chair. When presiding, the 

vice-chair shall have all the rights, privileges 

and duties as well as responsibilities of the 

chair. 

C. The secretary shall conduct all 

Commission correspondence and shall keep an 

accurate record of all matters transacted at 

Commission meetings. It shall be the 

secretary's duty to promptly submit to the 

Secretary of the Business Committee all 

minutes of regular and special meetings of the 

Commission. 

D. A quorum shall be three 

commissioners. 

E The principal office of the 

Commission shall be at such place as 

designated by the Business Committee. The 

Commission shall hold meetings at least 

quarterly and at such other times as may be 

called by the chair or upon written request to 

the chair by any other commissioner or at the 

direction of the Business Committee. 

F. Commissioners may be compensated 

and receive reimbursement for their expenses 

as determined by the Business Committee. 

G. All Commission meetings shall be 

open to Chehalis tribal members, except 

hearings for revocation or suspension of 

licenses which may be held in closed session 

in the discretion of the Commission. 

H. The Commission shall give prior 

notice, including an agenda and/or description 

of al I topics slated for discussion, of al I 

Commission meetings to the Business 

Committee, who may send at least one of its 

members to each Commission meeting, if 

available. A Business Committee member 

need not be present to conduct a Commission 

meeting. (Res. 1995-20, passed Apr. 19, 1995, 

adopling Res. 95-1. passed by ihe Chehalis 

Community Council, Apr. 18, 1995; Amended 

by Res. No. 2013-37, Jun. 4, 2013) 

j !I 

13-6 

13.05.080 Chehalis Tribal Gaming 

Agency- Powers and Duties. 

A. The primary responsibility for the onsite regulation, control and security of the 

Gaming Operation authorized by the Compact, 

and for the enforcement of the Compact within 

Tribal Lands, shall be that of the Agency and 

the Tribal Law Enforcement Agency. The 

Agency shall perform the following functions: 

l. Enforce in the Tribe's Gaming 

Operation, including the Tribe's Gaming 

Facility, all relevant laws and ordinances; 

2. Ensure the physical safety of 

patrons in the Gaming Facility; 

3. Ensure the physical safety of 

personnel employed by the Gaming Facility; 

4. Ensure the physical 

~afeguard i ng of assets transported to and from 

the Gaming Facility and cashier's cage 

department; 

5. Protect the patrons and the 

Gaming Operation's property from illegal 

activity; 

6. Temporarily detain, to the 

eixtent of irs authority and in cooperation with 

the Tribal Law Enforcement Agency, persons 

who may be involved in illegal acts for the 

purpose of notifying the appropriate law 

enforcement authorities; and 

7. Record, in a permanent and 

detailed manner, any and all unusual 

occurrences within the Gaming Facility. Each 

incident, without regard to materiality, shall be 

assigned a sequential number and, at a 

minimum, the following infonnation shall be 

recorded into the computer system by the 

Agency as part of their daily log. These logs 

can be accessed by date of entry by the 

Agency. Furthermore, all occurrences 

requiring an incident report will be assigned a 

sequential number and will at least include the 

following: 

a. The assigned number; 

I b. The date of the 

incident; 

c. The time of the 

incident; 

d. The nature of the 

incident; 

e. The person(s) 

involved in the incident; and 
f. The security 

department or Tribal Gaming Agency 

employees assigned. 

8. Collect, audit, issue, and/or 

establish and collect fees, licenses, taxes, and 

pennits, subject to ratification by the Business 

Committee; 

9. In an attempt to develop and 

foster a relationship in the enforcement of the 

provisions of the Compact, representatives of 

the State Gaming Agency and Tribal Gaming 

Agency shall meet, not less than on an annual 

basis, to review past practices and examine 

methods to improve the regulatory program 

created by the Compact. The meetings shall 

take place at a location selected by the Tribal 

Gaming Agency. 

B. The Agency shall have the primary 

responsibility for the on-site regulation, 

auditing, controls and security of all Class I 

and II Gaming Operations authorized by the 

Tribe, including, but not limited to, the 

following areas as set forth in IGRA, and any 

tribal gaming ordinance as it now exists or 

may hereafter be enacted, for the following 

matters: 

1. Conduct annual outside audits 

of the Gaming Operation; 

2. Conduct other audits as 

authorized by the management contract, if any; 

3. Ensure that the construction 

and maintenance of any Gaming Facility and 

the operation of that gaming is conducted in a 

manner which adequately protects the 

environment and public health and safety; 

4. Ensure that background 

investigations are conducted on all primary 

management officials and key employees of 

the Gaming Operation, and that oversight of 

such officials and their management is 

conducted on an ongoing basis, including the 

issuance of tribal licensing for primary 

management officials and key employees of 

the Gaming Operation; 

5. Establish standards whereby 

any person whose prior activities, criminal 

record, if any, or reputation, habits and 

associations pose a threat to the public interest 

or to the effective regulation of gaming or 

create or enhance the dangers of unsuitable, 

unfair or illegal practices and methods and 

t 3-7 

activities in the conduct of such gaming shal l 

not be eligible for a license; 

6. Notify the NIGC of the results 

of background checks before the issuance of 

any I icenses; 

7. Seek, where appropriate, 

certificates of self-regulation for Class II 

gaming activities under IORA; 

8. Monitor and ensure 

enforcement of ordinance provisions, whether 

relating to regulations or law enforcement; 

9. Adopt and issue interpretive 

rulings concerning the Compact, IGRA, and 

other applicable laws governing Class I and II 

gaming as applied to activities in the Gaming 

Facility. 

C. The Agency shall have the primary 

responsibility for the on-site regulation, 

auditing. controls and security of all Class m 

Gaming Operations authorized by the Tribe 

;ind for the enforcement of the Compact, 

including, but not limited to, the following 

areas as set forth in the Compact and this 

chapter for the following matters, which 

referenced Compact provisions are 

incorporated herein by reference: 

1. Nature, size and scope of 

<21ass Ill gaming, (Compact, Section 3). 

2. Licensing and certification 

requirements, (Compact, Section 4). 

3. Licensing and state 

certification procedures, (Compact, Section 5). 

4. Tribal enforcement of 

Compact provisions, (Compact, Section 6). 

5. Regulatory jurisdiction 

relating to the enforcement of the provisions of 

the Compact, (Section 8). 

6. Law enforcement jurisdiction 

r.elating to gambling, (Compact Section 9). 

, ; , 7. Enactment of regulations 

governing gambling, (Compact, Section 10), 

aS: provided in this chapter. 

8. Adoption and issuance of 

interpretive rulings concerning the Compact, 

IORA, and other appl icable laws governing 

Class III gaming as applied to activities in the 

Gaming Facility. 

9. Enforcement of public health 

and safety provisions, (Compact Section 14). 

, 10. Provision for all aud its 

required or pennitted under the Compact 

and/or the management contract, if any. 
D. For purposes of I 8 USC 31I66(d), for 

enforcing the provisions of the Compact with 

respect to certification and criminal conduct, 

and for protection of the public health, safety 

and welfare, and to the extent not inconsistent 

with other provisions of the Compact, RCW 

9.46.075; 9.46.140; 9.46.155 9.46.170; 

9.46.180; 9.46.185; 9.46.190; 9.46.196; 

9.46.198; 9.46.220; 9.46.221; 9.46.222; 

9.46.230; 9.46.240; as now or hereafter 

amended, to the extent such amendments 

concern the same subject matter as the herein 

referenced statutory provision, shall be 

applicable and incorporated herein as part of 

this chapter to provide consistency and 

equality between state and tribal law. 

E. Not less than thirty (30) days prior to 

providing the proposed annual budget for the 

Tribal Gaming Agency set forth in 13.05.090 

of this Chapter to the Business Committee for 

approval, the Executive Director of the Tribal 

Gaming Agency shall present such budget to 

the Tribal Gaming Commission for review and 

comment. 

F. Additional Duties: 

I. Advise the Business Committee on 

policy matters relating to tribal gaming and 

compliance with the Compact and applicable 

law; 

2. Develop rules and regulations for 

carrying into effect the purposes and 

provisions of this chapter, IGRA, and the 

Compact, including enforcement provisions 

and penalties; 

3. Review agreements with the State 

Gaming Agency to amend Compact Appendix 

A and Appendix X2 for the purpose of 

ensuring compliance with applicable 

Minimum Internal Control Standards or with 

the Compact, IGRA, or other applicable laws. 

(Res. 1995-20, passed Apr. 19, 1995, 

adopting Res. 95-1, passed by the Chehalis 

Community Council, Apr. 18, 1995; Amended 

by Res. No. 2013-37, Jun. 4, 2013) 

13.05.090 Chehalis Tribal Gamin~ 

Agency - Executive Director. 

The day-to-day operations of the Agency sha 11 

be administered by an executive director, who 

shall be the chief administrator and lead 

enforcement official for the Agency in 

13-8 

carrying out its powers and duties, and shall 

supervise other Agency employees in carrying 

out the purposes and provisions of this 

chapter. Subject to and within an annual 

budget approved by the Business Committee, 

the executive director shall employ such staff 

as he or she determines is necessary to carry 

out the purposes and provisions of this 

chapter. (Res. 1995-20, passed Apr. 19, 1995, 

ad.opting Res. 95·1, passed by the Chehalis 

Community Council, Apr. 18, 1995; Amended 

by Res. No. 2013-37, Jun. 4, 2013) 

13.05.100 Chehalis Tribal Gaming 

Agency - Employees. 

A. The Agency shall employ qualified 

inspectors or agents under the authority of the 

Agency's executive director. Said inspectors 

shall be independent of the tribal Gaming 

Operation, and shall be supervised and 

accountable to the executive director. 

B. All Tribal Gaming Agency personnel 

shall be Class III certified by the State Gaming 

Agency. 

C. The Agency shall ensure that a tribal 

gaming inspector shall be present in the 

Gaming Facility during all hours of gaming 

operation, and shall have immediate access to 

any and all areas of the Gaming Operation for 

the purpose of ensuring compliance with the 

provisions of the Compact and applicable law. 

(Res. 1995-20, passed Apr. 19. 1995, adopting 

Res. 95·1, passed by the Chehalis Community 

Council, Apr. 18, 1995; Amended by Res. No. 

2013-37, Jun. 4, 2013) 

lJ.05.110 Chehalis Tribal Gaming 

Agency - Duty to Report. 

A. The Agency shall submit regular 

summary reports containing both financial and 

operating information as provided by the 

Gaming Operation and collected by the 

Agency to the Business Committee and to the 

Gaming Commission at least once per quarter 

and not more than once per month. 

B. All violation(s) of the provisions of 

the Compact or of applicable law by the 

Gaming Operation, a gaming employee, or any 

person on the Gaming Facility premises 

whether or not associated with the Gaming 

Operation shall be documented and all records 

of.such violations shall be available to the 
State Gaming Agency for review on-site at the 

Agency office or shall be forwarded to the 

State Gaming Agency by request. 

C. If requested by the Agency, the State 

Gaming Agency shall assist in any 

investigation initiated by the Tribal Gaming 

Agency and provide other requested services 

to ensure proper compliance with the 

provisions of the Compact, tribal ordinances, 

laws of the Tribe, or applicable laws of the 

state. 

D. The Agency shall no less than 

quarterly make repo11s to the Business 

Committee covering such matters in 

connection with this chapter or as the Business 

Committee may otherwise more frequently 

require. (Res. 1995-20, passed Apr. 19, 1995, 

adopting Res. 95-1, passed by the Chehalis 

Community Council, Apr. 18, 1995; Amended 

by Res. No. 2013-37, Jun. 4, 20 l 3) 

13.05.120 Chehalis Tribal Gaming 

Agency - Activities Prohibited. 

A. Chehalis Tribal Gaming 

Commissioners and employees of the Agency 

may not: 

I . Serve as an officer, employee 

or manager of any organization, person, group, 

Tribe or entity which conducts gambling 

activities; except that Gaming Commissioners 

and Agency employees may serve as an 

officer, employee, or manager of any Chehalis 

tribal government department or enterprise 

that is not engaged in gambling activities; or 

2. Receive or share in, directly 

or indirectly, profits of any gambling activity, 

other than authorized per capita payments or 

other general welfare programs; or 

3. Be beneficially interested in 

any contract for the manufacture or sale of 

gambling equipment, services or devices, or 

the provision of independent consulting 

services in connection with a gambling 

activity; or 

4. Participate in Class Il or Class 

Ill gambling within the Gaming Facility. 

B. Gambling within Tribal Lands by any 

person acting other than as a player, or by any 

party, partnership, entity, finn, and/or 

corporation is prohibited and declared 

unlawful except when authorized by the Tribe 

by ordinance or resolution and conducted 

13-9 

pursuant to the control, rules and regulations 

of the Agency, as well as IGRA and rules and 

regulations promulgated thereunder. (Res. 

1995-20, passed Apr. 19, 1995, adopting Res. 

95-1, passed by the Chehalis Community 

Council, Apr. 18, 1995; Amended by Re.'I. No. 

2013-37, Jun. 4, 2013) 

13.05.130 Chehalis Tribal Gaming 

Agency - Enforcement, Investigations and 

Sanctions. 

The Agency, in order to ensure the compliance 

of Gaming Operations with the provisions of 

applicable laws, codes, ordinances, rules 

and/or regulations: 

A. Shall have free access to all gaming 

premises, employees, books and records at any 

time and for any purpose related to 

performance of its functions hereunder; 

B. May deny an application for or 

suspend or revoke any license or permit issued 

by it, for any reason or reasons it deems to be 

in the Tribal or public interest; 

C. Shall investigate any reported 

violation of the Compact and shall require the 

Gaming Operation to correct the violation 

upon such terms and conditions as the Agency 

determines are necessary. 

D. May impose fines and other sanctions 

within the jurisdiction of the Tribe against a 

gaming employee, or any other person directly 

or·indirectly involved in, or benefiting from, 

the Gaming Operation, such fines not to 

exceed five thousand dollars ($5,000) per 

violation for any violation of this chapter, 

l<JRA and/or the Compact, including rules and 

regulations promulgated thereunder; and 

E. Any action taken by the Agency under 

this subsection shall be reduced to writing with 

1l copy delivered to the affected organization 

or person(s), who may appeal the action to the 

Commission within ten (10) days of receipt of 

notice thereof. The Commission shall conduct 

a hearing and determine the appeal of the 

action at a time in their discretion, as well as 

prescribe the procedures for the hearing. The 

decision of the Commission may be appealed 

to: the Chehalis Business Committee, so long 

as.:the appeal is filed within five days of the 

<Commission's written decision. The 

imposition of the sanction shall be in full force 

and effect unless reversed finally by the 
Chehalis Business Committee. (Res. 1995-20, 

passed Apr. 19, 1995, adopting Res. 95-1, 

passed by the Chehalis Community Council, 

Apr. 18, 1995; Amended by Res. No. 2013-37. 

Jun. 4. 2013) 

13.05.140 Chehalis Tribal Gaming 

Agency - Licensing. 

A. The Agency shall license one Class Ill 

Gaming Operation within the Gaming Facility, 

located on Tribal Lands for the operation of 

any Class Ill games as authorized pursuant to 

Section III, G of the Compact, and shall issue 

a separate license for Class 11 gaming at a 

separate Gaming Facility in the Tribe's Hotel 

located on Tribal Lands in accordance with 

Chehalis Tribal Code Section 13.05.220 

below. 

I. The Gaming Operation and 

Gaming Facility authorized by the Compact 

shall be licensed by the Agency in confonnity 

with the requirements of the Compact prior to 

commencement of operation, and annually 

thereafter. 

2. Verification of this 

requirement shall be made by the Tribal 

Gaming Agency and the State Gaming Agency 

through ajoint pre-operation inspection 

conducted not later than ten (I 0) days prior to 

the scheduled opening to the public, pursuant 

to Section IV, A of the Compact. 

8. The Tribe shall have the sole 

proprietary interest and responsibility for the 

conduct of any Class II and Class 111 gaming 

activity. 

I. The Tribe shall be entitled to 

contract for management of the Gaming 

Facility and Gaming Operation. 

2. Such contract shall subject the 

manager to the terms of the Compact, 

including annual certification and licensing. 

C. No license shall be issued for a 

Gaming Facility unless the Agency determines 

that its construction has been completed in a 

manner which adequately protects the 

environment and public health and safety. One 

of the conditions of such license shall be that 

the facility also be maintained and the gaming 

so operated as to continue to meet th is 

standard. 

D. The Agency shall require a tribal 

license for primary management officials, key 

employees, vendors, and all other individuals 

or entities required under the Compact with 

respect to the Gaming Operation on Tribal 

Lands, with prompt notification to the NIGC 

of the issuance of such 1 icense. The Tribe sh al I 

not employ an individual in a primary 

management official or key employee position 

who does not have a license after 90 days of 

beginning work at the gaming operation. 

I. The following notice shall be 

placed on the Tribe's license application form 

for a key employee or a primary management 

official before it 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 fonn 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 

granted a gaming license. The information will 

be used by the Tribal gaming regulatory 

authorities and by the National Indian Gaming 

Commission members and staff who have 

need for the infonnation in the performance of 

their official duties. The information may be 

disclosed by the Tribe or the NIGC to 

appropriate Federal, Tribal, State, local, or 

foreign law enforcement and regulatory 

agencies when relevant to civil, criminal or 

regulatory investigations or prosecutions or 

when pursuant to a requirement by a tribe or 

trye NIGC in connection with the issuance, 

denial, or revocation of a gaming license, or 

investigations of activities while associated 

with a tribe or a gaming operation. Failure to 

~onsent to the disclosures indicated in this 

notice will result in a tribe being unable to 

license you for a primary management official 

or .. key employee position." The disclosure of 

your Social Security Number (SSN) is 

voluntary. However, failure to supply a SSN 

may result in errors in processing your 

application." 

2. The following additional 

notice shall be placed on the application form 

for a key employee or a primary management 

official before it is filled out by an applicant: 

'~A false statement on any part of your license 

application may be grounds for denying a 

J~cense or the suspension or revocation of a 

jicense. Also, you may be punished by fine or 

13-10 ' 
imprisonment (U.S. Code, title 18, section 

1001)." 

E. I. The Agency shall cause 

background investigations to be conducted on 

the primary management officials and key 

employees of the Gaming Operation on Tribal 

Lands, as mandated by IGRA. Such 

background investigations shall be according 

to requirements that are at least as stringent as 

those in 25 CFR Parts 556 and 558 and as 

those parts are hereafter amended. The Agency 

shall promulgate rules and regulations 

establishing a background investigation 

procedure and ensure that background 

investigations are conducted on all persons 

and entities set forth in Part (d) above and that 

oversight of such officials and their 

management is conducted on an ongoing 

basis; and includes a standard whereby any 

person whose prior activities, criminal record, 

if any, or reputation, habits and associations 

pose a threat to the public interest or to the 

effective regulation of gaming, or create or 

enhance the danger of unsuitable, unfair, or 

illegal practices and methods or activities in 

the conduct of gaming, shall not be eligible for 

employment. 

2. In conducting the background 

investigation, the Agency shall obtain from 

each primary management official and key 

employee all of the following information: 

a. Full name, other 

names used (oral or written), social security 

number, birth date, place of birth, citizenship, 

gender and all languages spoken and/or 

written); 

b. Currently, and for the 

previous five (5) years, business and 

employment positions held, ownership 

interests in those businesses, business and 

residential addresses, and driver's license 

numbers; 

c. The names and 

current addresses of at least three (3) personal 

references, including one ( l) personal 

reference who was acquainted with the 

applicant during each period of residence 

listed under paragraph (e)(2)(B) of this 

section; 

d. Current business and 

residential telephone numbers, and all cell 

phone numbers; 

13-11 

e. A description of any 

existing and previous business relationships 

with other tribes, including any ownership 

interests in the businesses; 

f. A description of any 

existing and previous business relationships 

with the gaming industry generally, including 

ownership interests in the businesses; 

g. The name and address 

ohny 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 of 

disposition, if any; 

• 1. For each 

misdemeanor conviction or ongoing 

misdemeanor prosecution (excluding minor 

traffic violations) within I 0 years of the date 

of the application, the name and address of the 

court involved and the date of disposition, if 

any; 

j . For each criminal 

charge (excluding minor traffic charges). 

whether or not there is a conviction, if such 

criminal charge is within 10 years of the date 

of the application, and is not otherwise listed 

pursuant to paragraphs (e)(2)(H) or (e)(2)(1) of 

this Section, the criminal charge, the name and 

address of the court involved, and the date of 

disposition, if any; 

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; 

I. A photograph 

m. Any other information 

the Tribe deems relevant; and 

n. Fingerprints obtained 

in accordance with procedures adopted by the 

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

3. When a primary management 

official or key employee is employed by the 

;rribe, a complete application file, containing 

all of the information listed in CTC § 

~3.05.140.E.2 shall be maintained. 

4. In conducting a background 

investigation, the Agency shall keep 
confidential the identity of each person 

interviewed in the course of the investigation. 

F. Before issuing a license to a primary 

management official or a key employee, the 

Agency shall create and maintain an 

investigative report for each background 

investigation of such primary management 

official or key employee, which shall include 

all of the following information: 

1. Steps taken in conducting the 

investigation~ 

2. 

3. 

4. 

conclusions. 

Results obtained; 

Conclusions reached; and 

The basis for those 

G. I. Before issuing a license to a 

primary management official or key employee, 

the Agency shall prepare a notice of results of 

the applicant>s background investigation to 

submit to the NIGC. The notice of results must 

be submitted to the NIGC no later than 60 

days after the applicant begins working for the 

Tribe. 

2. The notice of resu Its shall 

include the following infom1ation: 

a. The applicant's name, 

date of birth, and social security number; 

b. The date on which the 

applicant began, or will begin, working as a 

primary management official or key employee; 

c. A summary of the 

information presented in the investigative 

report, including: 

1. licenses that 

have previously been denied; 

ii. gaming 

licenses that have been revoked, even if 

subsequently reinstated; 

111. every known 

criminal charge brought against the applicant 

within the last 10 years of the date of the 

application; and 

iv. every felony 

offense of which the applicant has been 

convicted or any ongoing prosecution; and 

d. A copy of the 

eligibility determination made in accordance 

with CTC § 13.05.080.B.5. 

H. The Agency must reconsider a license 

application for a primary management official 

or key employee if it receives a statement of 

itemized objections to issuing such a license 

13-12 

from the NIGC, and those objections are 

received within 30 days of the NIGC receiving 

a notice of results of the applicant's 

background investigation. The Agency shall 

take the NIGC's objections into account when 

reconsidering a license application. If the 

Agency has issued a license to a primary 

management official or key employee before 

receiving the NIGC's statement of objections, 

notice and a hearing shall be provided to the 

licensee. 

· I. The Agency shall notify the NIGC of 

the issuance of a license to a primary 

management official or key employee within 

30 days of issuance. When the Agency does 

not issue a license to an applicant for a 

primary management official or key employee 

position, or revokes a previously issued license 

after reconsideration, it shall: Notify the 

NIGC; and Forward copies of its eligibility 

determination and notice of results of the 

applicant's background investigation to the 

NIGC for inclusion in the lndian Gaming 

Individuals Record System. 

J. If after the issuance ofa gaming 

license, the Agency receives reliable 

infonnation from the NIGC or other reliable 

source(s) that a licensee does not meet the 

standard established under Part (e) above, or 

other rules and regulations promulgated 

thereunder, the Agency shall immediately 

suspend his or her license and, provide the 

I icensee with written notice of suspension and 

proposed revocation; including notifying the 

licensee of a time and a place for a hearing on 

~he proposed revocation of the I icense and 

after notice and hearing, may revoke such 

1.icense. By regulation, the Agency may set 

grounds for I icense suspension, revocation, 

and denial, including the above-referenced 

standard and such ocher grounds as it deems 

appropriate. 

K. The right to a revocation hearing vests 

only when a license is granted under an 

ordinance approved by the NIGC Chair. 

Following a revocation hearing, the Tribe shall 

decide whether to revoke or reinstate the 

license at issue. The Tribe shall notify the 

NIGC of its decision to revoke or reinstate a 

license within 45 days of receiving notification 

from the NIGC that a primary management 
official or key employee is not eligible for 

employment. 

L. No license shall be required for Class I 

gaming on Tribal Lands. 

M . No license shall be issued for a 

gaming activity managed or operated by any 

person or entity other than the Tribe, except 

state and tribally licensed Washington State 

lottery retailers. 

N. Additional procedures for license 

application and review shall be set forth in 

regulations to be promulgated by the Agency. 

All licenses shall be for one year only and 

renewable upon review and approval of the 

Agency, as set forth in its regulations. 

0 . The Agency shall adopt, as a 

minimum, those standards in Section V(A) 

through (N) of the Compact, pertaining to 

Licensing and State Certification Procedures. 

P. The Agency shall license all nongaming employees, whom shall be licensed 

through the Agency and be issued tribal 

licenses accordingly, 

Q. The Agency may adopt all or part of 

any licensing standard for non-gaming 

employees, pursuant to this chapter or rules 

and regulations of the Agency. 

R. The Agency shall maintain a complete 

application file containing the information 

listed under 25 C.F .R. § 556.4(a)( I) through 

( 14) or as hereafter amended for all primary 

management officials and key employees. The 

Agency shall retain, for no less than three 

years from the date a primary management 

official or key employee is terminated from 

employment with the Tribe, the primary 

management official or key employee's: 

applications for licensing; investigative 

reports, and eligibility determinations. (Re.s. 

1995-20, passed Apr. 19, 1995, adopting Res. 

95-1, passed by the Chehalis Community 

Council, Apr. 18, 1995; Amended by Res. No. 

20 I 3-37, Jun. 4, 2013) 

13.05.150 Chehalis Tribal Gaming 

Agency - Audits. 

A. Annual outside audits of Class II and 

Class Ill gaming on Tribal Lands, which may 

be encompassed within existing independent 

tribal audit systems, shall be provided by the 

Tribe to the NIGC. 

13-13 

8. All contracts for su pplies, services, or 

concessions for a contract amount in excess of 

twenty-five thousand dollars ($25,000) 

annually (except contracts for professional, 

legal, or accounting services) relating to Class 

II or Ill gaming shall be subject to such 

independent audits. 

C. The Agency shall apply the annual 

audit and other report requirements of 

Appendix A, Section 5 of the Compact, herein 

included by reference, as minimum audit 

standard of the Agency. 

. ' 0. The Agency shall perform such other 

audits as permined by the management 

contract, if any. (Res. 1995-20, passed Apr. 19, 

1995, adopting Res. 95-1, passed by the 

Chehalis Community Council, Apr. 18, 1995; 

Amended hy Res. No. 2013-37, Jun. 4, 2013) 

13.05.160 Rulemaking. 

To meet its responsibility for the on-site 

regulation of gaming, the Agency is hereby 

!'mpowered to issue certain rules and 

~egulations without the approval of the 

Business Committee, which shall have the 

force of tribal law, and both the Commission 

and the Agency are hereby empowered co 

develop and propose other rules and 

regulations concerning the regulation of 

gaming for consideration and approval by the 

Business Committee: 

A. The Agency may issue the following 

types of rules and regulations without the 

approval of the Business Committee: 

I. Written rulings and advisories 

interpreting and enforcing the requirements of 

the Compact, IGRA, and other applicable laws 

and regulations as applied to a particular 

11ctivity which is occurring in the Gaming 

fiacility or which is proposed by the Gaming 

(!)peration. 

2. Technical Amendments to 

Agency-issued rules and regulations or to 

Compact provisions governing Standards of 

Operation and Management, including 

Appendices "A," "X2," and similar appendices 

of.the Compact; but only if: (i) the technical 

amendments are necessary to maintain 

compliance with Minimum lnternal Control 

Standards under applicable federal law or 

regulation; and (ii) the amendments are 

~pproved in writing by both the Agency's 
Executive Director and the authorized 

representative of the State Gaming Agency. 

B. All proposed rules or regulations other 

than those issued by the Agency under Part (a) 

of this subsection shall be reviewed and 

enacted according to the following procedure: 

I. When the Commission 

develops a proposed rule or regulation, the 

Commission shall consult with the Agency 

Executive Director or his/her designee 

regarding the proposed rule or regulation 

before presenting the proposed rule or 

regulation to the Business Committee. 

2. When the Agency develops a 

proposed rule or regulation, the Agency 

Executive Director shall first present the draft 

rule or regulation to the Commission for 

review and comment before presenting the 

proposed rule or regulation to the Business 

Committee. The Commission shall review and 

comment on the proposed rule or regulation 

within thirty (30) days. Should the 

Commission recommend any changes to the 

proposed rule or regulation, the Agency shall 

either incorporate the changes in the proposed 

rule or regulation, or prepare a separate 

summary of the Commission's 

recommendations. The Agency shall then 

present either the revised proposed ru le or the 

original proposed ru le and summary of the 

Commission's recommendations to the 

Business Committee for consideration. Should 

the Commission fail to review or comment on 

the proposed rule or regulation within thirty 

(30) days, the Agency may present the 

proposed rule to the Business Committee 

without review or comment from the 

Commission. 

3. The Business Committee shall 

review all proposed Tribal Gaming Agency 

and I or Commission internal administrative 

procedures relating to the day to day functions 

of those bodies, but not rules or regulations 

relating to gaming operations, and take any 

action it deems appropriate, including without 

limitation enacting the proposed 

administrative procedure, enacting a revised 

administrative procedure, declining to enact 

the proposed administrative procedure, or 

referring the proposed admin istrative 

procedure to the Commission, the General 

13-14 

Council, or any other advisory body for further 

review and comment. 

13.05.170 Allocation of Net Revenues. 

A. Net revenues from Tribal gaming shall 

be used only for the following purposes: 

1. To fund Tribal government 

operations or programs; 

•,, 2. To provide for the general 

welfare of the Tribe and its members; 

3. To promote Tribal economic 

development; 

4. To donate to charitable 

or.ganizations; or 

, 5. To help fund operations of 

local government agencies. 

B. Per capita distributions of net revenues 

shall be made pursuant to a Revenue 

Allocation Plan approved by the Secretary of 

the Interior or his/her designee as required by 

federal law. 

13.05.180 Grievances. 

Complaints may be presented to the 

Agency in accordance with its rules and 

regulations now in effect, or hereinafter 

adopted and/or amended. (Res. 1995-20, 

passed Apr. 19, 1995, adopting Res. 95-1, 

passed by the Chehalis Community Council, 

Apr. 18, 1995; Amended by Res. No. 2013-37, 

Jun. 4, 2013) 

13.05.190 Concurrent Jurisdiction. 

: :. The Agency and the State Gaming Agency 

shall have concun·entjurisdiction to 

io.vestigate violations of the provisions of the 

Compact, and to bring administrative charges 

in accordance with tribal laws and the 

prpvisions of Chapter 9.45 RCW, Chapter 

34,.05 RCW and Chapter 230-50 WAC, 

against any individual or business entity that is 

licensed by the Agency or certified by the 

State Gaming Agency in accordance with the 

Compact. (Res. 1995-20, passed Apr. 19, 

1995, adopting Res. 95-1, passed by the 

Chehalis Community Council, Apr. 18, 1995; 

A'l'!'lended by Res. No. 2013-37, Jun. 4, 2013) 

13.05.200 Law Enforcement 

:Jurisdiction Relating to Gamblingl(!vestigative Authority. 

. The Agency, Tribal Law Enforcement 

Agency, the Thurston and Grays Harbor 
County Sheriff or Jaw enforcement agencies to 

the extent cross-deputized by the Tribal Law 

Enforcement Agency, the Washington State 

Patrol and the State Garn ing Agency shall 

have the authority to investigate gambling and 

related crimes against the laws of the Tribe 

and/or of Chapter 9.46 RCW made applicable, 

that occur within the Gaming Facility or 

within Tribal Lands, provided that such 

activities shall relate only to the te1111s of the 

Compact. (Res. 1995-20, passed Apr. 19, 

1995, adopting Res. 95-1, passed by the 

Chehalis Community Council, Apr. 18, 1995; 

Amended by Res. No. 2013-37, Jun. 4, 2013) 

13.05.210 Law Enforcement 

Jurisdiction Relating to GamblingJurisdictional Forums. 

A. Following investigation and arrest of 

an individual for gambling related crimes by 

the appropriate law enforcement agency, 

formal charges will be brought in the 

appropriate venue. Criminal prosecution of 

nontribal members will be through the proper 

state or federal courts. 

B. Tribal members who are criminal 

defendants will be prosecuted in Chehalis 

tribal and/or federal court. Wherever possible, 

for criminal defendants who are tribal 

members, Chehalis Tribal Court will be the 

preferred venue for individual prosecutions 

unless the Tribe declines to place jurisdiction 

in the Tribal Court within six months of 

apprehension by a law enforcement agency. 

(Res. 1995-20, passed Apr. 19, 1995, adopting 

Res. 95-1, passed by the Chehalis Community 

Council, Apr. 18, 1995; Amended by Res. No. 

2013-37, Jun. 4, 2013) 

13.05.220 Authorized Gaming. 

No person, whether natural or corporate, 

may engage in Class II or Class III gam ing 

within the jurisdiction of the Tribe without the 

approval of the Tribe's Husiness Committee 

by tribal resolution. Authorized gaming is 

further limited as follows: 

A. Only those Class IT gaming activities 

shall be allowed which are: 

1. Pennitted by IGRA; and 

2. Licensed by the Tribe and 

conducted in confonnity with all applicable 

tribal laws and regulations; 

13-15 

B. Only those Class Ill gaming activities 

shall be allowed which are: 

1. Permitted by IGRA; and 

2. Licensed by the Tribe and 

conducted in confonnity with all applicable 

tribal laws and regulations; and 

3. Conducted in conformance 

with a tribal-state compact entered into by the 

Tribe and State of Washington, and in effect 

C. The Tribe, in its sole discretion, may 

either by ordinance or resol ution revoke any 

authorization for Class II or Class III gaming. 

(Res. 1995-20, passed Apr. 19, 1995, adopting 

Res. 95-1, passed by the Chehalis Community 

Council, Apr. 18, 1995) 

.fJ.05.230 Severability. 

If any clause, part or subsection of this 

chapter shal I be adjudged invalid, such 

judgment shall not affect or invalidate the 

remainder of the chapter, but sha ll be confined 

in its operation to the clause, part or subsection 

directly involved in the controversy in which 

such judgment is rendered. If the operation of 

any clause, part or subsection of this chapter 

shall be held to impair the obligations of a 

valid management contract, or to deny any 

person any right or protection secured to him 

by the Constitution of the Tribe or the 

Constitution of the United States of America, 

it is hereby declared that, had the invalidity of 

such clause, part or subsection be considered 

at.the time of the enactment of this chapter, the 

remainder of the chapter would nevertheless 

hilVe been adopted without such and any and 

all such invalid clauses, parts or subsections. 

(Res. 1995-20, passed Apr. 19, 1995, adopting 

Res. 95-1, passed by the Chehalis Community 

Council, Apr. 18, 1995; Amended by Res. No. 

2013-37, Jun. 4, 2013