TITLE 7 

GAMING OPERATIONS 
Chapters: 

Chapter 7.01 General Provisions 

Chapter 7 .02 Definitions 

Chapter 7.03 Ownership, Construction and Operation of Gaming Operation 

Chapter 7 .04 Tribal Gaming Commission and Tribal Gaming Agency 

Chapter 7 .05 Operation of the Tribal Gaming Commission 

Chapter 7.06 Enforcement and Investigation 

Chapter 7.07 Sanctions 

Chapter 7 .08 Fines as Liens 

Chapter 7.09 Exclusion of Persons from Facility 

Chapter 7.10 Appeal 

Chapter 7.11 Executive Director of the Tribal Gaming Agency 

Chapter 7.12 Indian Preference Recruitment Plan 

Chapter 7.13 Deposit of Funds 

Chapter 7.14 Checks, Etc. 

Chapter 7.15 Contracts 

Chapter 7.16 Fiscal Year 

Chapter 7.17 Records 

Chapter 7.18 Audits 

Chapter 7 .19 Dissolution 

Chapter 7 .20 Licenses 

Chapter 7.21 Personal History Statement 

Chapter 7.22 Business Disclosure Form 

Chapter 7.23 Burden on Applicant 

Chapter 7 .24 Applicant Claim of Privilege 

Chapter 7 .25 Types of Licenses 

Chapter 7.26 Background Investigations 

Chapter 7.27 Forwarding Licensing Applications and Reports to the National Indian 

Gaming Commission 

Chapter 7.28 Gaming Revenues 

Chapter 7.29 Class III Gaming: Tribal-State Compacts 

Chapter 7.30 Management of Tribal Gaming; Restrictions 

Chapter 7.31 Tribal Gaming Commission or Corporation 

Chapter 7 .32 Age Restrictions on Gaming Activities 

Chapter 7.33 Miscellaneous Provisions 

Chapter 7.34 Construction and Severability 

Chapter 7.35 Tribal Sovereign Immunity and Jurisdiction Preserved 

Chapter 7.36 Codification and Amendments 

Exhibit A - Memorandum of Understanding Regarding the Dissemination of Criminal 

History Record Information by the National Indian Gaming Commission 
Sections: 

Section 7.01.01 Title 

Section 7.01.01 Title 

Chapter 7.01 

General Provisions 

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

Chapter 7.02 

Definitions 

Section 7.02.01 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, et seq., and its regulations, 25 C.F.R. 

Part 500, et seq. Nothing herein is intended to grant the federal or any state government 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 oflndian gaming engaged in by individuals as part of, or in connection 

with, Tribal ceremonies or celebrations. 

D. "BIA" means the Bureau oflndian Affairs in the U.S. Department of the Interior; 

E. "Class II Gaming" means: 

1. 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 played in the same 

location) pull-tabs, lotto, punch boards, tip jars, instant bingo, and other games similar to 

bingo, and 

2. Card games that: 

(a) are explicitly 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 conformity 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. The term "Class II Gaming" does not include: 

(a) any banking card games, including baccarat, chemin de fer, or blackjack (21 ), or 

(b) electronic or electromechanical facsimiles of any game of chance or slot machines of 

any kind. 

F. "Class III Gaming" means all forms of gaming that are not Class I gaming or Class II gaming; 
G. "Closely Associated Independent Contractor" means any contractor that shares common 

ownership, officers or directors with any Primary Management Official; 

H. "Compact" means the Tribal-State Compact for Class III Gaming between the Jamestown 

S'Klallam Tribe and the State of Washington, as amended from time to time; 

I. "Director" means the Executive Director of the Tribal Gaming Agency; 

J. 1. "Electronic, computer or other technologic aid" means any machine or device that: 

(a) Assists a player or the playing of a game; 

(b) Is not an electronic or electromechanical facsimile; and 

(c) Is operated according to applicable Federal communications law. 

2. Electronic, computer or other technologic aids include, but are not limited to, machines or 

devices that: 

(a) Broaden the participation levels in a common game; 

(b) Facilitate communication between and among gaming sites; or 

( c) Allow a player to play a game with or against other players rather than with or 

against a machine. 

3. Examples of electronic, computer or other technologic aids include pull tab dispenser 

and/or readers, computers, telephones, cables, televisions, screens, satellites, bingo 

blowers, electronic player stations, and electronic cards for participants in bingo games; 

K. "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 multiple players to play 

with or against each other rather than with or against a machine; 

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

organization plans the use of its funds; 

M. "Gaming" or "Gambling" means staking or risking something of value upon the outcome of a 

contest of chance or a future contingent event, not under the person's 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; 

N. "Gaming Activities" means any Class II or Class III gaming conducted by or under the jurisdiction 

of the Tribe; 

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

for implementing this Title and the Compact; 

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

equipment, personnel, or services (including a Management Contract) to the Gaming Operation for 

any Gaming Activities; 
Q. "Gaming Operation" 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, and/or pays the 

expenses. A gaming operation may be operated by the Tribe directly, a tribally owned corporation 

or enterprise, a third party pursuant to a Management Contract, or, under certain conditions, by 

another person or other entity. Leasing of video lottery terminal permits pursuant to the Compact 

does not constitute a Gaming Operation; 

R. "Gaming Facility" or "Gaming Facilities" means the building(s), and specifically the portions 

thereof, in which Tribally Authorized Gaming is conducted; 

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

caller, counting room supervisor, chief 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 with 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 be 

included under, and subject to, the requirements for key employees; 

T. "Management Contract" means any contract, subcontract, or collateral agreement between the 

Tribe and a contractor and a subcontractor if such contract or agreement provides for the 

management of all or part of a Gaming Operation; 

U. "Minimum Internal Control Standards (MICS)" means the internal control standards set forth by 

the NIGC to implement the requirements ofIGRA; 

V. "Minor" or "Minors" means a person or persons under eighteen (18) years of age; 

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

pursuant to 25 U.S.C. §2704; 

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

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

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

The term "Net Revenues" does not include the revenues from the leasing of video lottery terminal 

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

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

trust, cooperative or other form of business or other entity; 

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

Management Contract; any person who has authority to hire and fire employees or to set up 

working policy for the Gaming Operation; or the Chief Financial Officer ("CFO") or other person 

who has financial management responsibility. 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; 

AA. "Reservation" means the reservation of the Jamestown S 'Klallam Tribe; 

AB. "State" means the State of Washington; 

AC. "State Gaming Agency" means the Washington State Gambling Commission; 
AD. "Tribal Citizen" means any duly enrolled or adopted member of the Tribe; 

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 ("NICS") located in Lynnwood, Washington; 

AG. "Tribal Gaming Commission (TGC)" means the oversight body for the Tribal Gaming Agency. 

The TGC is operated by a Board of Commissioners appointed by the Tribal Council; 

AH. "Tribal Gaming Agency (TGA)" means the regulatory body established by this Title to regulate 

Class II and Class III Gaming; 

Al. "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 member or held by the Tribe or individual Tribal member, 

subject to restriction by the United States against alienation and over which the Tribe 

exercises governrnental power; and 

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

lands that meet the requirements set forth in 25 U.S.C. §2719; 

AJ. "Tribally Authorized Gaming" means any Class II or Class III 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; and 

AK. "Tribe" means the Jamestown S'Klallam Tribe. 
Chapter 7 .03 

Ownership, Construction and Operation of a Gaming Operation 

Sections: 

Section 7.03.01 Ownership, Construction and Operation of a Gaming Operation 

Section 7.03.01 Ownership, Construction and Operation of a Gaming Operation 

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

of any Gaming Operation 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 Operation pursuant the 

provisions of IGRA or as otherwise permitted by law. For licensing of any individually owned 

gaming operation: 

1. The gaming operation must be licensed and regulated under an ordinance or resolution 

approved by the Chairman of the NIGC; 

2. Income to the Tribe from an individually owned gaming operation must be used only for 

the purposes stated in Section 7.28.02; 

3. Not less than 60 percent of the net revenues must be income to the Tribe; 

4. The owner must pay an assessment to the NIGC pursuant to 25 CFR §514.1; 

5. Licensing standards must be at least as restrictive as those established by State law 

governing similar gaming within the jurisdiction of the surrounding State; and 

6. A license must be denied for any person or entity that would not be eligible to receive a 

State license to conduct the same activity within the jurisdiction of the surrounding State. 

State law standards shall apply with respect to purpose, entity, pot limits, and hours of 

operation. 

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, including standards under the Compact or other applicable 

standards. Laws, resolutions, codes, policies, standards or procedures in this area shall cover, at a 

minimum: 

I . Emergency preparedness, including but not limited to fire suppression, law enforcement, 

and security; 

2. Food and potable water; 

3. Construction and maintenance; 

4. Hazardous materials; 

5. Sanitation (both solid waste and wastewater); and 

6. Other environmental or public health 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; 
C. Operation. Except to the extent authorized by an agreement pursuant to the provisions ofIGRA or 

as otherwise permitted by law, Gaming Activities are hereby authorized, provided that they shall 

only be 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 issued 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, permitted uses of the facility for other activities, rules of conduct for employees 

and patrons, regulation of alcoholic beverages, food handling and entertainment, and such other 

matters as the TGA or the Tribal Council may deem necessary to the conduct of Gaming Activities 

therein. 
Chapter 7 .04 

Tribal Gaming Commission and 

Tribal Gaming Agency 

Sections: 

Section 7.04.01 Regulatory Authority and Delegation of Certain Powers 

Section 7 .04.02 Reservation of Powers by the Tribal Council 

Section 7.04.01 Regulatory Authority and Delegation of Certain Powers 

The Tribal Council shall have primary responsibility for the regulation, control and security of the Class II 

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

responsibilities and duties to the TGC which is hereby constituted as a regulatory entity of the Tribal 

government, responsible for oversight of the TGA, both of which are subject to the Tribe's jurisdiction and 

laws. The TGA is charged with the day-to-day implementation of this Title and any other applicable laws 

and regulations. 

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 TGC: 

A. 

B. 

C. 

D. 

E. 

F. 

G. 

H. 

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

as beneficiary; 

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

States for the Tribe; 

Confirmation of the appointment and/or removal of the TGA Director by the TGC; 

Appointment and/or removal of the TGC; 

Dissolution and liquidation of the TGA and TGC when they have accomplished their purposes; 

Approval of fees and expenses paid to TGC and the compensation ofTGA employees; 

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

statement of the specific reasons for the disapproval; the TGC shall present the By-Laws again to 

the Council within 20 days of its disapproval. Should the Council fail to approve or disapprove the 

By-Laws within 30 days of its re-submission to the Council, the By-Laws shall be considered 

approved; 

Approval of the annual report, operating plan, and budget submitted by the TGC; 

~l.--~, .... '\p~~F-1-HaAetH--ei~e-lt1sien--ef~a+-memeer-s-frem-a~et~+ty--fe,:....y.jel~H&-ei 

this Title; 

Arbiter of conflicts between the TGA/TGC and Gaming Operation 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 II and III gaming operations. Additionally, the Council shall have the sole 

authority to seek advisory opinions from non-Tribal regulatory bodies and opinions from outside 

legal counsel related to such matters; and 

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

specifically to the Tribal Council through any subsequent amendment of this Title. 
Chapter 7 .05 

Operation of the Tribal Gaming Commission 

Sections: 

Section 7.05.01 Operation of the TGC 

Section 7 .05.02 Powers and Duties of the TGC - General 

Section 7.05.03 Powers and Duties of the TGC - Budgeting and Reporting Requirements 

Section 7.05.04 Powers and Duties of the TGC - Class III Gaming 

Section 7.05.01 Operation of the TGC 

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

A Appointment ofTGC Board of Commissioners. The TGC shall be composed of three (3) 

members, two (2) of whom shall be Tribal Citizens and one of whom may be a Tribal Citizen or a 

non-Tribal person, all appointed by the Tribal Council. Candidates for vacancies on the TGC may 

be recommended by the TGC to the Tribal Council for consideration; 

B. Disqualifications for TGC Board of Commissioners. The following persons may not serve on the 

TGC: 

1. Tribal Council members while serving as such; 

2. Employees of any Gaming Operation on Tribal Lands; 

3. Any persons related to any Gaming Contractor (including any principal thereof or 

Closely Associated Independent Contractor); or 

4. Any persons who would not be eligible to be officials of the Tribe pursuant to the Tribe's 

Constitution; 

C. Terms of Service for TGC Board of Commissioners. TGC Board of Commission members shall 

serve three (3) year staggered terms. Nothing in this Title shall preclude any TGC Board of 

Commissioner from serving for more than one term; 

D. Removal from TGC. TGC Board of Commissioners may only be removed from office before the 

expiration of their terms by the Tribal Council for neglect of duty, malfeasance or for other good 

cause shown; 

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

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

Chairman shall preside over meetings of the TGC and the Vice-Chairman shall preside in the 

absence of the Chairman. The Secretary, assistant secretary, or TGA staff, if so designated by the 

TGC, shall record in writing the minutes of all TGC meetings and all official actions taken by it. 

The Treasurer, or assistant Treasurer, or TGA staff if so designated by the TGC, shall account for 

and provide reports on all receipts and disbursements of the TGC. A TGC member may hold one 

or more officer positions; 

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

issue; 

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

as the TGC may decide by majority 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, or by other 

means, as approved by the TGC, 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; 

I. Compensation for Serving; Reimbursement of Expenses. TGC Board of Commissioners shall be 

compensated for serving on the TGC at rates to be set by the Tribal Council. Subject to approval 

by and in accordance with procedures to be adopted by the Tribal Council, members shall be 

reimbursed for expenses incurred in connection with the performance of their duties and shall 

receive a stipend for time 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 from the surplus account shall be retained and 

deducted from the projected revenue requirements for the next budget cycle; 

K. Bonding and Insurance. All TGC Board of Commissioners, the Director, Gaming Agents and 

others specifically designated by the TGC or the Tribal Council, shall be bonded. All employees 

of the TGA and the TGC Board of Commissioners are covered under the Tribe's Errors and 

Omissions Insurance Policy. 

Section 7 .05.02 Powers and Duties of the TGC - General 

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

A. Ensure the provisions of this Title, the Compact and applicable federal and state laws in the 

Gaming Facility are enforced; 

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

Gaming Operation; 

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

addressed by the Gaming Operation; 

D. Ensure the physical safeguarding of assets transported to and from the Gaming Facilities and 

cashier's cage department is being properly addressed by the Gaming Operation; 

E. Ensure the Gaming Operation is protecting the patrons' and the Gaming Facilities' property from 

illegal activity; 

F. Ensure that persons that may be involved in illegal acts are temporarily detained, for the purpose 

of notifying the Clallam County Sheriffs Office law enforcement authorities; 

G. Record, in a permanent and detailed manner, any unusual occurrences, all incidents requiring 

further review, alleged violations, and investigations occurring within the Gaming Facilities; 

H. Ensure the Gaming Operation adopts appropriate standards of operation and management and 

internal controls for the Gaming Facilities; 

I. Undertake such other duties as are required by this Title, the Compact, relevant provisions of 

Washington State statutes and regulations, Federal statutes and regulations and other such duties 

as the Tribal Council may direct. 

Section 7 .05.03 Powers and Duties of the TGC - Budgeting and Reporting Requirements 

The TGC 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 beginning of the next fiscal year. The justification should include any planned 

expansion or reduction in the TGC facilities, personnel, or general operations, funds required for 
training or the continuance or expansion of operations, personnel, or facilities, or funds to be held 

in reserve in a capital account for unforeseen contingencies or business set-backs. 

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

disapproves the budget as submitted, the Tribal Council shall return it to the TGC for a revision 

with a written statement of the specific reasons for the disapproval; the TGC 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. File a summary report for the most recently completed fiscal year within thirty (30) days of the 

end of the fiscal year. 

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 TGC to report on a more frequent basis than annually. 

However, the TGC shall not be required to report on more than a quarterly basis. 

Section 7 .05.04 Powers and Duties of the TGC - Class II and Class III Gaming 

The TGC, acting through the TGA, shall have the primary responsibility for both the on-site regulation, 

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

and the enforcement of the Compact.. 
Chapter 7 .06 

Enforcement and Investigation 

Sections: 

Section 7.06.01 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 and/or regulations: 

A. Shall have free access to all gaming premises, employees, books and records, related specifically 

to Class II and Class III gaming activities, at any time to inspect, examine and monitor same, 

including photocopying of relevant materials, and for any purpose related to the performance of its 

functions 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 reasons it deems to be in the Tribal or public interest. 
Sections: 

Section 7.07.01 Sanctions 

Section 7.07.01 Sanctions 

Chapter 7 .07 

Sanctions 

Every activity relating to the subject matter ohhis 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 unlawful and a public nuisance, the remedy to which shall be an 

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

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

except where specifically authorized by the TGC, provided such authorization is in full compliance with all 

applicable laws and regulations. 
Sections: 

Section 7.08.01 Fines as Liens 

Section 7.08.01 Fines as Liens 

Chapter 7 .08 

Fines as Liens 

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

by order of the Tribal Court. 
Chapter 7 .09 

Exclusion of Persons from a Gaming Facility 

Sections: 

Section 7.09.01 Exclusion of Persons from a Gaming Facility 

Section 7.09.01 Exclusion of Persons from a Gaming Facility 

A. Temporary Exclusion. 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 twenty-four (24) hours, when such person, as determined by the sole 

discretion of the TGA, is causing a disturbance, acting inappropriately, or is, in any other way, 

interfering with the orderly conduct of ordinary business within the Gaming Facility and the 

surrounding parking lots; 

B. Permanent Exclusion. The TGC shall have the power and authority to permanently 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 of ordinary 

business within the Gaming Facility through the following procedures: 

1. The request for permanent exclusion of a person may be brought only by the Director 

either at a properly convened meeting of the TGC or through an electronic polling of the 

TGC. If done at a meeting, the TGC may consider the Director's request in an open or 

closed meeting, and may or may not, at its complete discretion, allow the person subject 

to the request, to attend the meeting of the TGC. Except as herein otherwise provided, the 

decision of the TGC is final, and not subject to review. 

2. When the TGC has determined a person is to be permanently excluded from the Gaming 

Facilities, TGA shall report that person's name to the Gaming Operation and the 

Washington State Gambling Agency. 

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

TGC'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. 

4. Should the person who has been permanently excluded from any facility be a Tribal 

Citizen, that person may request that the Tribal Council review the decision of the TGC, 

which will make its own independent determination. The determination of the Tribal 

Council shall be final, and not subject to review. 
Sections: 

Section 7.10.01 Appeal 

Section 7.10.01 Appeal 

Chapter 7.10 

Appeal 

Any action taken by the TGC under Chapter 7.09 of this Title may be appealed within ten (10) days of 

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

the affected party may testify, to determine if the charges will stand. The decision of the TGC shall be final 

unless appealed to the Tribal Court within five (5) days of the written decision. The imposition of the 

sanction shall be in full force and effect unless reversed by the Tribal Court. 
Chapter 7.11 

Executive Director of the Tribal Gaming Agency 

Sections: 

Section 7.11.01 Executive Director of the TGA 

Section 7.11.01 Executive Director of the TGA 

The TGC shall have the authority to appoint the Director of the TGA, subject to the confirmation of the 

Tribal Council. The TGC shall provide with their recommendation a training plan, if needed, to address any 

skill, knowledge and/or expertise deficiency of the proposed appointee. The job opening shall be posted 

and advertised as set out in the Tribe's Policies and Procedures, including the requirement oflndian 

Preference. The job announcement for the position of Director shall be cleared with the Tribal Council 

before it is advertised or posted. The Director shall have responsibility for: 

A. Daily operations of the TGA and for the carrying out of the policies and plans approved by the 

TGC and the Tribal Council; 

B. Employing, directing, training and discharging all employees under their charge; 

C. Directing purchasing within limits set by the TGC; 

D. Planning and development of the TGA; 

E. Preparing and managing the budget of the TGA; 

F. Making monthly reports to the TGC regarding the TGA's financial performance and regulatory 

issues; 

G. Providing administrative support to the TGC, as it requests; and 

H. Not less than 30 calendar days before the end of the fiscal year of the TGA, submitting to the TGC 

an operating plan for the following year. 
Chapter 7.12 

Indian Preference Recruitment Plan 

Sections: 

Section 7.12.01 Indian Preference Recruitment Plan 

Section 7.12.01 Indian Preference Recruitment Plan 

It is the policy of the Tribe to encourage first, the employment of qualified Tribal Citizens and second, the 

members and citizens of other federally recognized Tribes. To that end, the TGC may consider someone 

who qualifies for Indian Preference for appointment to any open positions at the TGA who may not 

otherwise be qualified by experience, education or certification, provided the TGC complies with the 

training plan requirement for such person set out in Section 7 .1 1.01. 
Chapter 7.13 

Deposit of Funds 

Sections: 

Section 7.13.01 Deposit of Funds 

Section 7.13.01 Deposit of Funds 

Any funds of the TGC, not otherwise employed, shall be deposited in such banks, trust companies, or other 

reliable depositories as the TGC may from time to time determine. Each account in any depository selected 

by the TGC shall be in the name of the TGC or the TGA. 
Sections: 

Section 7.14.01 Checks, Etc. 

Section 7.14.01 Checks, Etc. 

Chapter 7.14 

Checks, Etc. 

All checks, drafts, or other orders for payment of money, notes or other evidence of indebtedness, issued in 

the name of or payable to the TGA, shall be signed or endorsed by such officers or agents of the TGA, and 

in such manner as the TGC from time to time may determine. 
Sections: 

Section 7.15.01 Contracts 

Section 7.15.01 Contracts 

Chapter 7.15 

Contracts 

When authorized by the TGC, the Director or other officers or agents of the TGA, may, in the name of, or 

on behalf of, the TGA and the TGC, enter into such contracts or execute and deliver such instruments as are 

authorized by the TGC. Such authorization by the TGC may be general or confined to specific transactions. 
Sections: 

Section 7.16.01 Fiscal Year 

Section 7.16.01 Fiscal Year 

Chapter 7.16 

Fiscal Year 

The Fiscal Year of the TGC and the TGA is January 1 through December 31. The Fiscal Year of the Tribe 

is October 1 through September 30. 
Sections: 

Section 7.17.01 Records 

Section 7.17.01 Records 

Chapter 7.17 

Records 

There shall be maintained at the principal office of the TGC and the TGA financial books and records of 

account not otherwise maintained by the Tribe's accounting department, all minutes of the TGC 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 TGC, for any lawful and proper purpose. Upon leaving 

office, each member of the TGC and each officer, agent or employee of the TGA, shall tum over to their 

successor, in good order, such monies, books, records, minutes, writs, documents, contracts or any other 

property of the TGC or TGA, as have been in the custody of such officer or agent during their term of 

office. 
Sections: 

Section 7.18.01 Audits 

Section 7.18.01 Audits 

Chapter 7.18 

Audits 

A. Annual Audits. The TGC shall require the Gaming Operation to secure an annual external 

financial audit of each Class II and Class III gaming activity by a recognized independent 

accounting firm. The results thereof shall be reported to the Tribal Council and, to the extent 

required by law, the NIGC; 

B. Contracts - Audit Requirements. All contracts for providing supplies, services, equipment or 

concessions to any Class II and Class III Gaming Operation for a contract amount in excess of 

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

subject to independent audits as established in subsection A., above, and such contracts shall so 

specify; 

C. Non-gaming Limitations. Nothing in this subsection shall extend the authority of the TGC or TGA 

to audit nongaming 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 is in compliance with the 

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

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

and provisions of the Compact. 
Sections: 

Section 7.19.01 Dissolution 

Section 7.19.01 Dissolution 

Chapter 7.19 

Dissolution 

Provided that there is no Tribally Authorized Gaming taking place on Tribal Lands, the TGC and the TGA 

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

Council cannot be present at a meeting or available via another means where such a vote is taken, their vote 

shall be counted as a vote against dissolution. 

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

provision for payment of, all debts and liabilities of the Agency and/or the TGC, shall be distributed to the 

Tribal general account, or to such other Tribal organization duly designated by the Council, so as to insure 

that the assets of the TGA will be used exclusively to accomplish the general purposes for which the TGA 

was organized. 
Sections: 

Chapter 7 .20 

Licenses 

Section 7.20.01 Licensing Requirements 

Section 7.20.01 Licensing Requirements 

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

morals, good order and welfare of Tribal Citizens and other persons on Tribal Lands and to preserve the 

honesty, fairness and integrity of such Gaming Activities. Accordingly, no person shall engage in any 

business activities with, or be an employee of, the Tribe's Gaming Operation on Tribal Lands without 

obtaining a license as required by this chapter. 

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

privilege subject to suspension or revocation. No license shall be issued that would place the TGA in 

violation of the Compact, IGRA, this Title or of any applicable law or regulation. 

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 be issued or revoked, if issued. Applicants shall also agree to release all information 

necessary in order for the TGA to achieve its goals under this Chapter and to furnish such information to 

the TGA, the NlGC or such other agency as may be required by law. 
Chapter 7.21 

Personal History Statement 

Sections: 

Section 7.21.01 Personal History Statement 

Section 7.21.01 Personal History Statement 

The TGA shall obtain from each primary management official and key employee applicant for employment 

at the Gaming Facility a form containing the information listed below: 

A. Full name, other names used (oral or written), driver's 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); also, a current photograph, current business and 

residential telephone numbers and all cell phone numbers; 

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

C. Currently, and for the previous ten-five (-W~) years, business and employment positions held, 

ownership interests in those businesses, business 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. Description of any existing and previous business relationships with the gaming industry 

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

particularly, including ownership interests in those businesses; 

G. Names and addresses of any licensing or regulatory agencies 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; 

H. 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. For each criminal misdemeanor charge for which there is ongoing prosecution or a conviction 

within ten (10) years of the date of the application (excluding minor traffic violations), the charge, 

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

J. For each criminal charge (excluding minor traffic violations), whether or not there is a conviction 

of such charge, that occurred within ten ( 10) years of the application and is not otherwise listed 

pursuant to subsection H. or I. of this section, the charge, the name and address of the court 

involved, and the date and disposition, if any, 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 permit, whether or 

not such license or permit was granted; 

L. Description of any administrative action or finding of civil violations of Gambling laws or 

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

gaming employees; 

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

0. A Privacy Act Notice worded as follows: 

"In compliance with the Privacy Act of1974 (Pub.L. 93-579, 88 Stat. 1896, enacted December 31, 1974, 5 

U.S.C. § 552a), 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 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 information 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 the 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 

consent 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."; 

P. A Notice Regarding False Statements worded as follows: 

"A false statement on any part of your application may be grounds for denying a license or the suspension 

or revocation of a license. Also, you may be punished by fine or imprisonment (U.S. Code, title 18, section 

1001)."; and 

Q. Any other information the TGA deems relevant. 
Sections: 

Chapter 7.22 

Business Disclosure Form 

Section 7.22.01 Business Disclosure Form 

Section 7.22.01 Business Disclosure Form 

Each business subject to the licensing requirements of this section shall complete a form containing the 

information listed below: 

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

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

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

of Spouse and their DOB & SSN; 

D. Description of goods/services to be provided to gaming operation; 

E. References for similar goods/services; 

F. Other 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 agencies that have granted the business a license/permit/authorization to supply 

equipment/goods/services to gaming operations; 

I. Information on whether a gaming license, permit or authorization has been revoked or suspended 

by any federal, state or Tribal government; 

J. Whether the business, business owner(s), or if a corporation, its officers, directors, or any holder 

of more than five percent ( 5%) of the voting stock, has ever been involved in any criminal or civil 

action, and if yes, a letter of explanation; 

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

the President or Chief Executive Officer, Treasurer, Chairperson of the corporation board, and 

Stockholders with 10% or more of the voting stock: Name, Address, SSN, Shares Owned, 

Percentage of Ownership, and Date Acquired; 

L. A declaration by the President or Chief Executive Officer, General Partner, or Sole Proprietor, as 

applicable, as to the accuracy and truthfulness of the information on the form; 

M. A Privacy Act Notice as contained in Section 7.21.010. of this Title; 

N. A Notice Regarding False Statements as contained in Section 7.21.0lP. of this Title; and 

0. Any other information the TGA deems relevant. 
Sections: 

Chapter 7 .23 

Burden on Applicant 

Section 7.23.01 Burden on Applicant 

Section 7.23.01 Burden on Applicant 

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

Applicants must accept any risk of adverse public notice, embarrassment or other action which may result 

from the application process and expressly waive any claim for damages as a result thereof. 
Sections: 

Chapter 7 .24 

Applicant Claim of Privilege 

Section 7.24.01 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 license application or 

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

constitute sufficient grounds for denial, suspension or revocation. 
Sections: 

Section 7.25.01 Types of Licenses 

Section 7.25.01 Types of Licenses 

Chapter 7 .25 

Types of Licenses 

Three classes of licenses may be issued to persons associated with the Gaming Operation. 

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

1. A , Primary Management Official, Key Employee, Closely Associated Independent 

Contractor, Management Contract contractor, or other individual or entity with influence 

over the management or operation of the gaming operation; 

2. A Class II or III Gaming Operation employee employed in the operation or management 

of the Gaming Operation and whose employment duties require or authorize access to 

restricted areas of the Gaming Operation, and any Gaming Contractor; and 

3. Any party who extends or intends to extend financing, directly or indirectly, to a Gaming 

Facility or Gaming Operation. Notwithstanding the foregoing, this licensing requirement 

does not apply to financing provided by a federally regulated commercial lending 

institution, the Tribe or the federal government. Federally regulated commercial lending 

institutions are those regulated by the Securities and Exchange Commission, the 

Comptroller of the Currency, the Federal Deposit Insurance Corporation, the United 

States Federal Reserve System, the National Credit Union Administration, and the 

Washington State Department of Financial Institutions. 

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

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

background investigation to determine if such person or entity has: (a) any criminal record, 

including violent crimes 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 (b) 

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 B License. Persons who are not among those identified in subsection A., above, but are to be 

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

related activities, shall be required to obtain a Class B license from 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 employee or patron, or a member of the 

public. 

C. Class C License. Minors employed at a gaming facility on Tribal Lands may be 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. Prior 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 patron, or a member of the public. 

Each Class C license shall be valid for no more than one (1) year at a time and shall be revoked 

upon the minor's reaching the age of eighteen (18), at which time either a Class A or B 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. 
Sections: 

Chapter 7 .26 

Background Investigations 

Section 7.26.01 Background Investigations 

Section 7 .26.02 Fingerprints 

Section 7.26.01 Background Investigations 

The TGA shall conduct, or cause to be conducted, a background investigation for each primary 

management official and key employee of the gaming operation sufficient to make a determination of their 

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 TGA. 

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

identity of each person interviewed in the course of the investigation. The TGA reserves the right, at any 

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

investigation. 

Section 7.26.02 Fingerprints 

Fingerprints shall be taken by the TGA]. Fingerprints will then be forwarded to the NIGC for processing 

through the Federal Bureau oflnvestigation ("FBI") and the National Criminal Information Center to 

determine the applicant's criminal history, if any. The NIGC and the Tribe operate under a memorandum of 

understanding ("MOU"), as amended from time-to-time, related to fingerprinting activities. The current 

version of the MOU is set out in Exhibit A to this Title. It contains the privacy statement which must be 

given to those individuals who are being fingerprinted by the TGA as applicants for employment by the 

Gaming Operation. 
Chapter 7.27 

Forwarding Licensing Applications and Reports to National Indian Gaming 

Commission 

Sections: 

Section 7.27.01 Forwarding Licensing Applications and Reports to NIGC 

Section 7.27.02 Eligibility Determination 

Section 7.27.03 Granting a Gaming License 

Section 7.27.04 Temporary Licenses 

Section 7.27.05 License Renewal 

Section 7.27.06 License Fees 

Section 7.27.07 Ethical Standards 

Section 7.27.08 License Determinations Appeals 

Section 7.27.09 License Suspension, Revocation or Reinstatement 

Section 7.27.10 Facilities Licenses 

Section 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 NIGC 

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

Gaming Operation authorized under this Title, the TGA shall forward to the NIGC the applicant's 

completed Personal History Statement and the TGA's investigative report. The investigative 

report shall include the following information: 

1. Steps taken in conducting a background investigation; 

2. Results obtained; 

3. Conclusions reached; and 

4. The bases for those conclusions; 

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 

Chapter, an investigative report on each background investigation. The investigative report on 

each background investigation shall be forwarded to the NIGC within sixty (60) days after the 

employee begins work. This notice of results (NOR) of the background investigation shall contain 

the following information: 

1. Applicant's name, date of birth, and social security number; 

2. Date on which applicant began or will begin work as key employee or primary 

management official; 

3. A summary of the information presented in the investigative report, which shall at a 

minimum include a listing of: 

(a) Licenses that have previously been denied; 

(b) Gaming licenses that have been revoked, even if subsequently reinstated; 

( c) Every known criminal charge brought against the applicant within the last 10 

years of the date of application; and 
(d) Every felony of which the applicant has been convicted or any ongoing 

prosecution. 

4. A copy of the eligibility determination made under 25 CFR §556.5. 

The Gaming Operation 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 of beginning work. 

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

information required by IGRA and regulations promulgated thereunder. Further, with respect to 

Key Employees and Primary Management Officials, the TGA shall retain the applications for 

licensing, investigative reports, eligibility determinations, Personal History Statements and other 

reports (if any) of background investigations for inspection by the Chair of the NIGC or their 

designee for no less than three (3) years after the date of termination of employment; and 

D. If a license is not issued to an applicant, the TGA shall notify the NIGC and shall forward copies 

of its eligibility determination, investigative report (if any), and notice of results to the NIGC for 

inclusion in the Indian Gaming Individuals Record System. 

Section 7.27.02 Eligibility Determination 

The TGA shall review the results of the background check, criminal record, if any, and prior activities, 

reputation, habits and associations to make a finding concerning the eligibility of an applicant for granting 

of a gaming license in a Gaming Operation. If the TGA determines that granting of a gaming license to 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, the 

TGA shall not license that person for employment in a Key Employee or Primary Management Official 

position; and further, the Tribal Gaming Operation shall not employ the person in any other position for 

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

Section 7.27.03 Granting a Gaming License 

A. If, within a thirty (30) day period after the NIGC receives a report as required under subsection C. 

of Section 7.27.01, above, the NIGC notifies the TGA that it has no objection to the issuance ofa 

license pursuant to the license application filed for a Key Employee or Primary Management 

Official for whom the TGA has provided an application and investigative report, the TGA may 

issue the license, and notify the NIGC of such issuance, which must be done within (30) days of 

the date of the issuance; 

B. 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. An NIGC request for additional information shall suspend the thirty (30) day 

period under subsection A., above, until the Chair of the NIGC receives the additional 

information; 

C. If, within the thirty (30) day period after which the NOR was submitted to the NIGC by the TGA, 

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 final determination whether to issue the license 

to such applicant; and 

D. The TGA may issue a temporary license, pursuant to Section 7.27.04, below, if, after reviewing an 

applicant's criminal history, they are determined suitable for employment under this Title. 

E. When the Gaming Facility employs a Primary Management Official or a Key Employee, it shall 

maintain a complete application file, for each such person, containing the information listed under 

25 CFR §556.4(a)(l) through (14). 
Section 7.27.04 Temporary Licenses 

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

sole discretion, 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 expire ninety (90) days from date of issuance, upon issuance of a 

permanent license, or until an earlier specified expiration date, whichever occurs first. 

Section 7.27.05 License Renewal 

Class A and Glas B 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, had it been 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 deposit for costs for the gathering of information and investigation in connection 

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

information prior to beginning processing of the application. At the discretion of the Tribal Council, 

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

provided to applicants upon request. 

Section 7.27.07 Ethical Standards 

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

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

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

violation of any rule, Tribal Code Title, custom or tradition of the Tribe, or other applicable laws and 

regulations 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 oflicenses shall be considered final and effective when 

issued, provided however, that within fifteen (15) days ofreceipt of the written decision disallowing 

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 ofreceiving written 

notice of such denial, appeal the denial to first, the TGC, second, the Tribal Council and third, the Tribal 

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

license be issued, provided that no such license shall be issued for more than one (1) year, subject to the 

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

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

provisions of the Compact, or of any applicable law. 

Section 7.27.09 License Suspension, Revocation or Reinstatement 

A. If, after issuance of a gaming license, the TGA receives reliable information from the NIGC or 

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

qualified for employment under the eligibility criteria established in this Title, the TGA shall 

immediately suspend the license and shall notify the licensee in writing of the license suspension 

and proposed revocation; 

B. The right to a hearing under this section shall only vest upon receipt of a license granted under this 

Title. The TGA shall notify the licensee of a time and place for the hearing on the proposed 

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

C. After the revocation hearing, the TGA shall determine whether to revoke or to reinstate the 

suspended 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 within (45) forty-five days of 

receiving notification from the NIGC. 

Section 7.27.10 Facilities Licenses 

A New Facilities. Before Gaming Activities can be conducted therein, the TGA shall inspect and 

license each place, facility, or location where Gaming Activities will be conducted in accordance 

with this Title and any requirements ofIGRA. The TGA shall submit to the NIGC a notice that a 

facility license is under consideration for issuance at least 120 days before the opening of any new 

Gaming Facility on the Tribe's Indian Lands where Class II or III gaming will occur. The notice 

shall contain the following: 

1. The name and address of the property; 

2. A legal description of the property; 

3. The tract number for the property as assigned by the BIA, Office of Land Title and 

Records, 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 when such issuance is for occasional charitable events lasting not more than a week. 

B. Existing Facilities. Gaming Facilities in which Gaming Activities were taking place on the date 

this Title was originally adopted shall be deemed to have qualified for and be operating under such 

a license upon the date of adoption of this Title. 

C. Notice. The TGA shall provide a copy of each newly issued facility license to the NIGC within 30 

days of issuance. 

D. Content of submission. The TGA shall submit to the NIGC, with each new facility license, the 

following: 

1. An attestation certifying that by issuing the facility license: 

(a) The Tribe has identified, adopted and enforces the environmental and public 

health and safety laws, resolutions, codes, policies, standards or procedures 

applicable to its Gaming Facility; 

(b) The Tribe is (i) in compliance with those laws, resolutions, codes, policies, 

standards, or procedures, or, (ii) if not in compliance with any or all of the same, 

the Tribe will identify those with which it is not in compliance, and will adopt 

and submit its written plan for the specific action it will take, within a period not 

to exceed six ( 6) months, to meet its compliance requirements. At the successful 

completion of such written plan, or at the expiration of the period allowed for its 

completion, the Tribe shall report the status thereof 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; and 

(c) The Tribe is ensuring that the construction, renovation and maintenance of the 

Gaming Facility, and the operation of the Gaming Operation are conducted in a 

manner which adequately protects the environment and public health and safety. 
2. A document listing all laws, resolutions, codes, 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, law 

enforcement, and security; 

(b) Food and potable water; 

(c) Construction and maintenance; 

( d) Hazardous materials; 

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

(f) Other environmental or public health and safety laws, resolutions, codes, 

policies, standards or procedures adopted by the Tribe in light of climatic, 

geographic, and other local conditions and which are applicable to its gaming 

places, facilities, or locations. 

E. Notification. The TGA must notify the NlGC within thirty (30) days if a facility license is 

terminated or if a Gaming Facility closes or reopens. 

Section 7.27.11 Penalties and Sanctions for Failure to Comply with Regulations or Agency 

Requirements 

Upon approval by the TGC, 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 regulations and requirements. The TGA may also assess a civil penalty ofup to five thousand 

dollars ($5,000.00) for failure to comply with this Title and TGA regulations and requirements. 
Chapter 7.28 

Gaming Revenues 

Sections: 

Section 7.28.01 Gaming Revenues as Tribal Property 

Section 7.28.02 Use of Gaming Revenues 

Section 7.28.01 Gaming Revenues as Tribal Property 

Except as provided for under the terms of an agreement pursuant to the provisions ofIGRA or as otherwise 

permitted by law, all revenues generated from any Class II or Class III 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 (which will include 

Gaming Operations accounts needed for expansion etc.). No Tribal Citizen shall be deemed to have any 

interest therein, provided that the Tribal Council, in its sole discretion, may adopt rules for distributing 

gaming proceeds to citizens on a per capita basis provided such plan meets the requirements ofIGRA, 25 

U.S.C. § 2710(b)(3). Once gaming revenues become part of the Tribe's treasury, the revenues shall lose 

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

Section 7.28.02 Use of Gaming Revenues 

Net revenues from gaming activities are not to be used for purposes other than: 

A. To fund Tribal government operations or programs; 

B. To provide for the general welfare of the Tribe and its citizens; 

C. To promote Tribal economic development; 

D. To donate to charitable organizations; or 

E. To help fund operations oflocal, non-Tribal, government agencies, including law enforcement. 
Chapter 7 .29 

Class III Gaming: Tribal-State Compacts 

Sections: 

Section 7.29.01 Class III Gaming: Tribal-State Compacts 

Section 7.29.01 Class III Gaming: Tribal-State Compacts 

Class III gaming shall be conducted on Tribal Lands in compliance with the Compact and as provided for 

by IGRA. All negotiations for any amendment to the Compact shall be conducted through the Tribal 

Council, or their designee, with the advice and recommendation of the TGC, TGA, and Gaming Operations 

management 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 provision shall prevail and shall be 

deemed incorporated by reference herein. The Compact is attached as Exhibit B to this Title. 
Chapter 7 .30 

Management of Tribal Gaming; Restrictions 

Sections: 

Section 7.30.01 Management of Tribal Gaming 

Section 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 Contract entered into by the Tribal Council for the management of Class II or 

Class III Gaming Activities must be 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 unless it is entered into pursuant to express written 

authority granted under a valid Tribal Council Resolution or Tribal Code Title. The Tribal Council 

shall specifically approve any Management Contract prior to its submission to the NIGC or 

another governmental entity for approval. 

Section 7 .30.02 Restrictions 

No elected official or employee of the Tribe, including those serving on the TGC, those employed by the 

TGA or any other committee or agency of the Tribe, shall have a financial interest in or management 

responsibility for, any Management Contract or other such agreement entered into pursuant to IGRA, nor 

shall such elected official serve on the TGC or hold (directly or indirectly) ten percent (10%) or more of the 

issued and outstanding stock of any corporation, or 10% or more of the beneficial interest in any 

partnership, trust, or other entity, 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 other 

entity, having a financial interest in, or management responsibility for, such contract, or any interest in any 

entity. 
Chapter 7.31 

Tribal Gaming Corporation 

Sections: 

Section 7.31.01 Tribal Gaming Corporation 

Section 7.31.01 Tribal Gaming Corporation 

Nothing in this Title shall be interpreted to prevent the Tribe (through the Tribal Council), in its sole 

discretion, from delegating authority to one or more subordinate Tribal corporations, to manage and operate 

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

exclusively owned by the Tribe. Any Tribal 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 through a Title of the Tribal Code. 
Chapter 7.32 

,Age Restrictions on Gaming Activities 

Sections: 

Section 7.32.01 Class III Gaming 

Section 7 .32.02 Class II Gaming 

Section 7.32.01 Class III Gaming 

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

the gaming floor of the facility where Class III gaming is conducted. PROVIDED, that such age limitations 

shall not apply to an individual accompanied by an adult for the specific and limited purpose of proceeding 

directly and immediately across the gaming area for legitimate non-gaming purpose, with no gaming area 

loitering or gaming participation by the underage person or accompanying adults. 

Section 7.32.02 Class II Gaming 

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

the gaming floor of the facility where Class II gaming is conducted, except under the following 

circumstances: 

A. Special Events. Persons under the age of eighteen (18) will be allowed to play Class II games in a 

limited number of special events, as provided below, put on by the Gaming Operation; 

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

C. Restrictions. Those who participate in Class II gaming under this Special Events exception will be 

accompanied by an adult family member, i.e., a parent, a grandparent, spouse or legal guardian 

(those individuals appointed by a court oflaw as the legal guardian of an individual) over the age 

of 18. 
Sections: 

Chapter 7.33 

Miscellaneous Provisions 

Section 7.33.01 Indemnification of TGC Board of Commissioners, Officers and Employees 

Section 7 .33.02 Patron Dispute Resolution 

Section 7 .33.03 Agent for Service of Process 

Section 7 .33.04 Charitable Contributions 

Section 7 .33.01 Indemnification of TGC Board of Commissioners, Officers and Employees 

The Tribe shall indemnify any person who was or is a party or is under threat to be made a party to any 

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

by the reason of the fact that they are or were a TGC Board of Commissioners, officer, agent or employee 

acting on behalf of the TGC or TGA, or they are or were serving at the request of the TGC or TGA, as a 

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

amounts paid in settlements actually and reasonably incurred by them in connection with such action, suit 

or proceeding. 

However, the Tribe shall not indemnify such TGC commissioner or officer if the Tribal Council shall 

determine that the TGC commissioner or officer failed to act in good faith and with the degree of diligence, 

care and skill which an ordinarily prudent person would exercise under similar circumstances in like 

positions. The right of indemnification provided for herein shall not be deemed exclusive of any other 

rights to which such TGC commissioner or officer may be entitled and shall inure to the benefit of the 

heirs, executors, and administrators of any such person. 

Section 7 .33.02 Patron Dispute Resolution 

Patrons with complaints against the gaming establishment shall have as their sole remedy the right to file a 

petition for relief with the TGA. Complaints shall be submitted in writing. The TGC shall hold a hearing 

within 30 days ofreceipt of the petitioner's complaint. The petitioner may have counsel present at the 

hearing. The petitioner may be allowed to present evidence, at the discretion of the TGC. After the hearing, 

the TGC shall render a decision in a timely fashion. All such decisions will be final when issued. Any 

patron complaint must be submitted to the TGC within thirty (30) days of the incident giving rise to the 

complaint. All claims by patrons shall be limited to a maximum recovery of $1,000.00 per occurrence, and 

a cumulative limit ot$3,000.00 per patron in any 12-month period, except for disputes relating to a patron's 

entitlement to a game prize, which shall be limited to the amount of such prize. The TGC's decision shall 

constitute the complainant's final remedy. 

Section 7 .33.03 Agent for Service of Process 

For purposes of this Title, the Tribe designates its Chief Executive Officer as the agent for service of any 

official determination, order or notice of violation. 

Section 7 .33.04 Charitable Contributions 

The TGC will adopt regulations concerning the bona fide charitable organizations that are eligible to 

receive charitable contributions made pursuant to the Compact. 
Sections: 

Chapter 7 .34 

Construction and Severability 

Section 7.34.01 Construction and Severability 

Section 7.34.01 Construction 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 application 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 

Sections: 

Section 7.35.01 Tribal Sovereign Immunity and Jurisdiction Preserved 

Section 7.35.01 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 TGC, committee, or corporation acting under the authority of the Tribe or the Tribal 

Council. Nothing in this Title shall be construed as a grant of jurisdiction to the United States or to a State, 

local or other tribal government. 
Sections: 

Section 7.36.01 Codification 

Section 7 .36.02 Amendments 

Section 7.36.01 Codification 

Chapter 7.36 

Codification and Amendments 

The original Gaming Ordinance, #4-93, was approved on November 16, 1993, by the Tribal Council, and 

reviewed and approved by the NlGC on March 2, 1994. 

The original Gaming Ordinance was codified as Title 7 Gaming of the Tribal Code on February 18, 

2005with Resolution ##11-05 

Section 7 .36.02 Amendments 

The Title was amended by the Tribal Council on November 10, 2008, and the change was reviewed and 

approved by the NlGC on February 11, 2009. The Title was amended by the Tribal Council on September 

11, 2017 with Resolution #29-17; and amended by the Tribal Council on March 15, 2018 by Resolution 

#09-18 and submitted to the NlGC for review and approval on April 5, 2018. The NlGC issued its approval 

letter on the amended Title on May 30, 2018. The Title was further amended on , 2019 by Resolution 

# -19. The NIG i ' ucd its a J Jroval letter on the amended Title on 2019. 
EXHIBIT A 

MEMORANDUM OF UNDERSTANDING 

REGARDING THE DISSEMINATION OF CRIMINAL HISTORY RECORD 

INFORMATION BY THE NATIONAL INDIAN GAMING COMMISSION