December 16, 2016 

By Facsimile and First Class Mail 

William B. Iyall, Chairman 

Cowlitz Indian Tribe 

P.O. Box 2547 

Longview, WA 98632-8594 

Re: Cowlitz Indian Tribe Gaming Ordinance Amendment 

Dear Chai1man Iyall: 

This letter responds to your request for the National Indian Gaming Commission 

to review and approve an amendment to the Cowlitz Indian Tribe's Gaming Ordinance. 

The Cowlitz Tribal Council approved Ordinance No. 16-0lon September 10, 2016. 'The 

amendment revises the definition to Key Employees and Primary Management Officials. 

In addition, the section regarding law enforcement agencies that are authorized to take 

fingerprints on behalf of the Tribe was revised. 

Thank you for bringing this amendment to our attention and providing us with 

copies. The amendment is approved as it is consistent with the Indian Gaming Regulatory 

Act and NIGC regulations. If you have any questions, please feel free to contact Staff 

Attorney Esther Dittler at 202-420-9229. 

Sincerely, 

_t-O. 

cc: Edward Fleisher, Esq. 

NEW MAILING ADDRESS: NIGC/OEPARTMENT OF THE INTERIOR 1 !H9 C Str~"t NW, '11\oil Step ll' 1621 Wa•hington, DC 20240 1.,1, 202.632.7003 f.,,, 20~.63?..7066 

REGIONAL OFFICES Por!lc.nd, OR; Sacrcimcoto, CA; Pho<>nix, AZ; St. Pov!, MN; r.,1,a, 01<; Oklahoma City, OK 
Cowlitz Indian Tribe 

Tri Im I ( :oundl Ordinanrl' \o. I (1-01 

Short ·l itk: (iaming 01dimu11.:c i\n11..~nd111c111 

\\ llEREAS, the ( o\\ liv lndi<m ·1 rib~ is :\L·kn\1\\ kdg\.'d as a Sm ..::n: ign lndian ;\;it ion by 

th ... · l 'nikd St<lle-. Clm-. .. !11 1nw11t: 1111d 

\\'I H :R EAS. the ·1 rihal <. \n111l'i I is tl11.: g\1\ crning bild) of thi.: C'u\\'f iv Indian Trih<.: as 

authl1ri/\.·d by lh<.! tribe's ( ·tllhlitutiu11 :md lh-L1\\ s: and 

WllEREAS. at a duly ('.a\IL-d 1iicL'lil\g 11f tli..:: rrihal Cou1wil on :\ugu.:;l 22, 200.\ 1hc 

["ribal ( ·(•Unl.'il adopted 1'1 ihal ( 0(1urh:il l1rdi1Hlll\..'L'. llS-ll~. L:ntitkd "'Gaming Ordinance.''; and 

WHEREAS, al a dul) culkd llll'di11g tl!'tlit: l'rihal Council on (ktobcr (1 , 2007. tilt: 

·1 rib I Coum:il mh1plcd l'ribal ( ·\1t11Kil ordi11a11cc 07-0.1, enlitkd ··(laming Ordinance 

J\mcnd1rn.:11 t": anti 

W II ER EAS. al <l duly cn l kd llH.:\.'l in~ 11 f' the ·1 rihal ('tium:i l on August (). 20 1 I. the.! 

Tribal ( \1tn1L·il mlopkd Trihal Council \1rdinance I 1-02. entitled"( ia111ing Ordina1H.:c 

Amc11d11h:nt'': and 

WHEREAS, al a dul) l.:allcd lllC\.'ting \lflhl! Tribal C\iuncil on :vlmch 1, 2014. the 

I ribal Council udnpt1.:d Tribal Council (Hdi 11a11cc 14-0 l. en\ i tkd "Cirnning Ordi nan cc 

1\l11L'J1clllll.:llt": Hild 

\\ II EIH::\S, al a duly called m~c ti 11g of the I ribal l 'oum:il on August 14. 2015, the 

T ribul C\nrnci I adopkd Tribal Colinl.:i I ordi11;rn('1,; I 5-0:~. cnlitkd "G;1111i ng Onli m111ct.: 

i\mendrnl·nt". and itH:orptin:ning al I Cimning Onlinani.: ... · mncndrnent.s iulo 11nc conformed 

dncumcm of the Gaming Ordinance as amended: and 

WHEREAS, the Tribal Council wishes to ti.n1hcr amend the Tribe's Gaming Ordinance 

to clarify certain licensing issues; 

"O\\', TH EREFOl~E BE IT E\.-\CTt-:U b) lhc "I ribal c 'oum:il ( 11 the ( ·o,, litz Indian Trine. 

that S.xti\111:; 2(1\.). ~(;i.. ). >~and >4(.\)(>J are :u11\.!11,k<l tl1 rem\ a~ t~illl •\\s: 

"Se1.:ti<..rn 2(K) "Kt:y Emμloy~t:" means: 

(I) A person who pcrfonns one or more of the following functions: 

(a) Bingo caller: 

(h) Counting rnom supervisor 

(c} Chief of security: 

P.O. Rox 2547 • long"Vlew, WA 98632-8594 • (360) 577-8140 ·Fu (360) 577-7432 • EMAIL cowlltztrlbe@cowlltz.orai 
(d) Custodian of gaming supplies or cash; 

(c) Floor manager; 

(t) Pit boss; 

(g) Dealer; 

(h} Croupier; 

(i) Approver of credit; et= 

(j) Custodian of gambling devices including persons with access to cash and 

accounting records within such devices; or 

(k) Any other person designated bv the Tribe as a Key Emplovcc. 

(2) If not otherwise included, any other person whose total cash compensation is in 

excess of $50,000 per year~ or 

(3) If nor otherwise included, the four most highly compensated persons in the 

gaming operation." 

"Section 2(M) "Primary Management Official" means 

( l) · The person (s) having management responsibility for a management contract; 

(4) Any person who has authority: 

(a) To hire and fire employees; 0f 

(b) To set up working policy for the gaming operation; 9f 

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

responsibilityt; or 

(d) J\ny other person clcsrnnaLccl by the Tnhc as a Primary Management 

Official." 

"Section 32. Fingerprints. Each applicant for a gaming license who is a Kev Employee or 

Primarv Management Official shall be required to have fingerprints taken as part of lhe license 

application procedure. Fin~rprints ~;hall bt! lalum. l:iy the Clark Cmmly Sheri frs Offiee. 

Fingerprints will then be fon.varded to the NIGC for processing through the FBI and NCIC to 

dctcnnine the applicant's criminal history, if any." 

"Section 34. Procedures for Conducting a Background Check on Applicants. 

(A)As part of its review procedure, the Tri ha I Gaming Commission or its agent shall employ 

or engage a private investigator to conduct a background investigation on each applicant 
sufficient to allow the Tribal Gaming Commission to make an eligibility dctennination 

under Section 35 of this ordinance. The investigator shall 

(l) Verify the applicant's identity through items such as a social security card, driver's 

license, hirth certificate, or passport; 

(2) Contact each personal and business reference provided in the License Application, 

when possible; 

(3) Obtain a personal credit check at the discretion of the Tribe. 

(4) Conduct a civil history check; 

(5) Conduct a criminal history check via the submission of the applicant's fingerprints to 

the NIGC and further obtain infonnation from the appropriate court regarding past 

felony and/or misdemeanor convictions and criminal charges within the last ten years. 

(6) Inquire into any previous or existing business relationships with the gaming industry 

and Indian tribes by contacting the entities or tribes; 

(7) Verify the applicant's history and status with any licensing agency by contacting the 

agency; and 

(8) Take other appropriate steps to verify the accuracy of the information, focusing on 

problem areas noted." 

CERIFICA TION 

The foregoing ordinance was adopledr Sepl)imher /0 , 2,.Q t 6 at a duly called meeting of the 

Cowlitz Tribal Council by a vote of l!f_ for j!_ Against _{/_ Abstain. 

O ..... ..,.CJ-.""':rt.,,,, ....... ,__.\,_,_i _,_,3..,; .... >i,...~;..,.c.._ . _-_\..._,'"-'~'-'V...,,,,,1~t"-.. _ 

Patty Kinswa-Gaiser 

Tribal Council Chair 

wA b wJJ_ 
Cowlitz Indian Tribe 

GAMING ORDINANCE 

Attachment to Tribal Council Ordinance 15-..Q..'i 

Confonncd copy of Ordinance 05·02, ::is amended by Ordinances 07-03, 11-02, 14-01, 15-03, and Is. 12...1:/ 

Section 1. Introduction. The Tribal Council empowered by the Tribe's Constitution to enact 

ordinances, hereby enacts this ordinance in order to govern Class U and Class HI gaming 

operalions on the Tribe's Indian Lands. 

Section 2. Dclinitinns. Unless a different meaning is clearly indicated in this Ordinance, the 

terms used herein shall have the same meaning as defined in the lndian Gaming Regulatory Act 

of 1988 (IGRA), 25 U.S.C. § 2701 et seq .• and its regulations. 25 C.f.R. § 500 et seq. 

Speci tically: 

(A) "Board of Directors" means the Tribal Gaming Board of Directors, who shall serve as 

primary mimagement officials in overseeing the general manager or management 

contractor and the dny·to-dny non-regulatory aspects of the gaming operation. 

(B) "Commission" means the Tribal Gaming Commission established to perform regulatory 

oversight and to monitor compliance with Tribal. Federal, and applicable State 

regulations. 

(C) "Class I gaming" means social games solely for prizes of minimal value or traditional 

forms of Indian gaming engaged in by individuals as a part of. or in connection with, 

tribal ceremonies or celebrations. 

(0) "Class U gaming" means: 

(I) The game of chance commonly lcnown as bingo (whether or not electronic, 

computer, or other tcchnoJogic aids are used in connection therewith): 

(a} Which is played for prizes, including monetary prizes, with cards bearing 

numbers of other designations, 

(b) Jn which the holder of the card covers such numbers or designations when 

objects, similarly numbered or designated, are drawn or electronically 

determined, and 

(c) ln which the game is won by the first person covering a previously 

designated arrangement of numbers or designations on such cards, 

including (if ployed in the SDme locntion) pull·tabs, lotto, punch boards, tip 

jars. instant bingo, and other gnmes similar to bingo, and 

P.O. Dos 2s.l7 • LonJlvlc1r, WA 9K6.'.'l-8S94 • (36U} 577·1U.ao •Fall ()Ml) 571-7432 •EMAIL tawlllilrilll:flf fdMom 
Gnming Ordinance as amended through September 13, 20l 5 

(2) Card games that: 

(a) Are explicitly aulhorized by the faws of lhe State, or 

(b) Are not explicitly prohibited by the laws of the State and arc played at any 

location in the State, but only if such card games are played in conformity 

with 1hose 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 tcnn ••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 ony kind. 

(E) "Class Ill gaming" means all forms of gaming that are not class I gaming or class II 

gaming. 

(F) ··commissioner" means a Tribal Gaming Commissioner. 

(G) "Compact" means a Tribal-State Compact concerning clnss ltl gaming under 25 USC 

Sec. 2110(d). 

(H) "Directly related to means" an individual residing in the same household who is related 

as a spouse, child, parent, grandparent, grandchild or sibling. 

(I) "Director" means a Member of the Trib<ll Gaming Board of Directors. 

{J) "Elders Tribunal" means the tribunal established in Title 19 oflhe Cowlitz Tribal Code. 

(K) "Key Employee" means: 

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

(a) Bingo caller; 

(b) Councing room supervisor 

(c) Chief of security; 

(d) Custodian of gaming supplies or cash; 

(c) Floor manager; 

2 
Gaming Ordinance as amended 1hrough September 13, 2015 

( f) Pit boss; 

(g) Dealer; 

(h) Croupier; 

(i) 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 cnsh compensation is in 

excess of$50,000 per year; or 

(3) If not otherwise included, the four most highly compensated persons in the 

gaming operation. 

(L) "Net Revenues" means gross gaming revenues of the gaming operation Jess 

(I) Amounts paid oul as, or paid for, prizes; and 

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

{M) "Primary Management Official" means 

(I) The person (s) hnving management responsibility for a management contract; 

(2) Any person who hos lluthority: 

(a} To hire and fire employees; or 

(b) To set up working policy for the gaming operation; or 

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

responsibility. 

(N) "Tribe" means the Cowlitz Indian Tribe. 

(0) "Tribe's Indian Lands" means: 

(I) All lands within the limits of &he Cowlitz Indian reservation; or 

(2) Any lands title to which is either held in lrust by the United States for the benefit 

of the Tribe or individual member of the Tribe, or held by the Tribe or individual 

member of &he Tribe subject to restriction by the United States against alienation 

and over which the Tribe exercises governmental power, including but not limited 

. to, certain land for which the Tribe has submitted a fee-to-trust application and 

which the Tribe intends lo use for the development of a gaming facility as 

allowable under 25 U.S.C. 2719(b)( l)(B), provided that this certain tand will not 

3 
Gaming Ordinance as amended through September 13, 2015 

be deemed the 'Tribe's Indian Lands' until such time as the United States bas 

acquired trust title to it and the Tribe exercises governmental power over it. Said 

hind is specifically described as follows: 

PARCEL I 

BEGINNJNO at lhe intersection of the West line of rrimary State Highway 

No. I and the East line of the Southeast quarter of Section 5, Township 4 

North, Range I East of the Willamette Meridian, Clark County, 

Washington; thence Northerly along said West line of Primary State 

Highway No. I a distance of 1307.5 feet to the Point of Beginning of this 

description; thence West 108.S feet to nn angle point thereon; thence 

Northerly afong the fence 880.5 feet to the center line of a creek; thence 

Northerly along said creek 443 feet to the West line of Primary State 

Highway No. 1; thence Southerly along said West line of Highway to the 

Point of Beginning. 

EXCEPT that portion conveyed to the State of Washington by Auditor's 

File Nos. G 450664 and G 147358. 

PARCEL II 

Thnt portion of the following described land lying West of the Westerly 

line of Interstate 5, formerly known as Pacific Highway, in Sec1ion 9, 

Township 4 North. Range I East of the Willamette Meridian, Clark 

County, Washington. 

The North half of the Southwest quarter of the Northwest quarter nnd the 

South half of the Northwest quarter of the Northwest quarter of Section 9, 

Township 4 North, Range l East of the Willamette Meridian, Clarie. 

County, Washington. 

Excenany portion lying within NW 31st Avenue. 

ALSO EXCErT that portion thereof ncquired by the State of Washington by 

deed recorded under Auditor's File Nos. G 140380 and D 95767. 

PARCEL Ill 

BEGINNING at the Northwest comer of the Norlhcnst quarter of the 

Northeast quarler of Section 8, Township 4 North, Range I East of the 

Willamette Meridian, Clark County, Washington; and running thence East 

390 feet to the Point of Beginning; thence East 206 feel; thence South 206 

feet; thence West 206 feet; and thence North to the Point of Beginning. 

EXCEPT that portion lying within the right of way of NW 319lh Street. 

PARCEL IV 

4 
Gaming Ordinance as amended through September 13, 20 IS 

All that part of the Southeast quarter of Section S, Township 4 North, 

Range I Easl of the Willamette Meridian, Clark County, Washington, 

lying West of Pri111ary State Road No. I (Pacific Highway). 

EXC'l!ri the Henry Ungemach tract recorded in Volume 76 of Deeds, page 

33, records orCh:irk County, Washington, described as follows: 

BEGINNING at a point 19.91 ch&iins North of the Southwest comer of said 

Southeast quarter; thence East 13.48 chains to creek; thence Northerly 

along creek to North line of said Southeast quarter at a point 6.66 chains 

West of the Northeast comer thereof; thence West to Northwest comer of 

said Southeast quarter; thence South 19.91 chains to the Point of 

Beginning. 

ALSO EXCErT the John F. Anderson tract as conveyed by deed recorded 

under Auditor's File No. F 38759, records of Clark County, Washington, 

described as follows: 

BEGINNING al the Northwest comer of the Southwest quarter of the 

Southeast quarter of Section 5, Township 4 North, Range I Eos1 of the 

Willamette Meridian, Clark County, Washington; and running 1hcnce East 

S 14 feet; thence Southerly 340 feet; thence Northwesterly 487 feet lo a 

point 196 feet due South of the Point of Beginning; thence North to the 

Point of Beginning. 

ALSO EXC'En that tract described ns follows: 

BEGINNING at a point 26 rods and 9 feel West of lhe Southeast comer of 

Section S, Township 4 North, Ronge I East of the Willameue Meridian, 

Clark County. Washington; and running thence West 20 rods to County 

Road; thence North 182 feet; thence East 20 rods; thence South 182 feet to 

the Point of Beginning. 

ALSO EXC'ErT a certain reserved tract described as follows: 

BEGINNING al the intersection of the West Unc of Primary State Highway 

No. l (Pacific Highway) •md the East line of the Southeast quarter of said 

Seclion 5, Township 4 North, Rnnge I East of the Willameue Meridian, 

Clark Counly, Washington; lhence Northerly along said West line of 

Primary Stale Highway No. I, a dislnnce of 1307.S feet to the True Point 

of Beginning of this description; thence West I 08.5 feet 10 an angle point 

therein; thence Northerly along fence 880.5 feet to center line of creek; 

thence Northeasterly along said creek 443 feet, more or less, to the West 

line of Primary State Highway No. I, lhence Southerly along snid West 

line of highway to the True Point of Beginning. 

ALSO EXCEPT that portion chereof lying within Primary Stale Highway No. 

I (SR-5) as conveyed to the 

s 
Gaming Ordinance as amended through September 13, 20 IS 

State of Washington by deed recorded under Audilor's File Nos. G 

458085, G 143553 and D 94522. ALSO EXCEPT any portion lying 

with in NW 3 I 9th Street llnd Primary State Highway No. I. 

PARCEL V 

A portion of the Northwest quarter of the Northeast quarter of Section 8, 

Township 4 North, Range I East of the Willamette Meridian, Clark 

County, Washington, described as follows: 

BEGINNING at the Northwest comer of the Northeast quarter of Section 8; 

thence South along the West line of the Northeast quarter of said Section 

8, I 320 feet, more or less, to the Southwest comer of the Northwest 

quarter of said Northeast quarter; thence East along the South line to a 

point 830 feet West of the Southeast comer of the Northwest quarter of 

said Northeast qunrter; thence North parallel with the East line of said 

Northeast quarter lo n point 600 feet South of the North line of said 

Northeast quarter; thence East pnrallct with the North line of said 

Northeast quarter 370 feet; thence North parallel wi1h the East line of said 

Northeast quarter 600 feet 10 the North line of said Scclion 8; thence West 

along the North line of so id Section 8 10 the Point of Beginning. 

EXCEJ'IT that portion lying whhin NW 319th Street. 

Atso EXCErT the following described tract: 

A portion of the Northwest quarter of the Nonhcast quarter of Section 8, 

Township 4 North, Range I East of the Willamctlc Meridian, Clark 

County, Washington, described as follows: 

BEOtNNING at the Northwest corner of the Northeast quarter of said 

Section 8; thence South along lhe West line of the Northeast quarter of 

said Section 8, J 320 feet, more or less, to the: soulhwest comer of the 

Northwest quarter of said Northeast quarter; thence East along the South 

line to a point 830 feet West of the Southeast corner of the Northwest 

quarter of said Northeasl quarter; thence North, parallel with the East line 

of said Northeast quarter co a point 600 feet South of the Norlh line of said 

Northeast quarter; thence East, parallel with the North fine of said 

Northeast quarter, 370 feet, said point being the True Point of Beginning 

of the tract herein described; thence West parallel with the North line of 

soid Northeast quarter, a distance of 4S1 feet; lhence Norlh parallel with 

the West line of said Northeast quarter, a distance of 240 feet; lhence Enst 

parallel with the Norch line of said Northeast quarter, a dislnnce of 157.0 

feet; thence North, parallel with the West line of said Northeast quarter, a 

distance of 360 feel, more or less, to the North line of said Northeast 

quarter; thence East, along said North line, o distance of 300 feet; thence 

6 
Gaming Ordinance as amended through September 13, 2015 

South, parallel with the West line of snid Northeast quarter, a distance of 

600 feet, more or Jess, to the True i>oint of Beginning. 

PARC-EL VI 

A portion of the Nonhwcsl quarter of the Northeast quarter of Section 8, 

Township 4 North, Range I East of the Willamette Meridian, Clark 

County, Washington, described as follows: 

BEGINNING at the Northwest comer of the Northeast quarter of said 

Section 8; thence Soulh along the West line of the Northeast quarter of 

said Section 8, 1320 feet, more or less, to the Sou1hwes1 comer of the 

Northwest quarter of 5'>id Northeast quarter; thence Eost olong the South 

line to a point 830 feet West of the Southeast comer of the Northwest 

quarter of said Northeast quarter; thence North, parallel with the East line 

of said Northeast quarter to a point 600 feet South of the North line of said 

Northeast quarter; thence East, parallel with the North line of said 

Northeast quarter 370 feel 10 a point, said point being the True Point of 

Beginning of the tract herein described; thence West, parallel with 1he 

North line of said Northeast quarter, a dis1ance of 457 feet; thence North, 

parallel with the West line of said Northeast quarter, a dis1ance of 240 

feet; thence East, parallel with the North line of said Northeast quarter, a 

distance of 157.0 feet: thence North, parallel with the West line of said 

Northeast quarter, a distance of 360 feet, more or less, to the North line of 

said Northeast quarter. thence Enst, along said North line, a dismnce of 

300 feet~ thence South, parallel with the West line of said Northeas1 

quarter, a distance of 600 feet, more or less, to lhe True Point of 

Beginning. 

i>ARC'EL VII 

The East 830 feet of the Northwest qm1rter of the Northeast q.u;irter of 

Sectjon 8, Township 4 North, Range I East of the Willamette Meridian, 

Clark County, Washington. 

ExcEf>T the West 370 feet to the North 600 feet thereof. 

ALSO EXCEPT that portion of the remainder thereof, lying within NW 

3 I 9th Street 

PARCEL VIII 

The Northeast quarter of the Northeast qu:irtcr of Section 8, Township 4 

North, Range I East of the Willamette Meridi11n, Clark County, 

Woshington. 

ExnrrT that portion of said premises, described ns follows: 

7 
Gaining Ordinance as umended through September 13, 2015 

BEGINNING at a point 612 feet East of the Northwcsl comer of said 

Northeast quarter of the Northeast qunrter of said Section 8; thence South 

191.0 feet; !hence East 228.0 feet; thence North 191.0 feet~ thence West 

228.0 feet to the Point of Beginning. 

EXCEPT that portion of said premises, described as follows: 

BEGINNING at a point 390.0 feet East of the Northwest comer of said 

Northeast quarter of the Northeast quarter of said Section 8; thence East 

206.00 feet; thence South 206.0 feet; thence West 206.0 feet; thence North 

206.0 feet to the Point of Beginning. 

EXCEPT that P<Jrtion of said premises lying within Pekin Ferry County 

Road, and 

EXCEPT that portion of said premises lying within County Road No. 25; 

EXCErT that portion conveyed to the State of Washinaton by deed 

recorded under Auditor's File Nos. G 143551andG499101. 

EXCEPT that portion conveyed to the State of Washington for Interstate 5. 

EXCl!PT that portion conveyed to Jnmes Fisher ond wife, by instrument 

recorded under Auditor's File No. G 669690, described ns follows~ 

BEGINNING at the Southeast comer of the Northeast quarter of the 

Northeast quarter of Section 8, Township 4 North, Range I East of lhe 

Willamette Meridian, Clark County, Washington; thence North 200 feet; 

thence West 435 feet; thence South 200 feet to a point on the South line of 

the Northeast quarter of the Northeast quarter of said Section; thence ED.st 

435 feet to the Point of Beginning. 

PARCEL IX 

That portion of the Northeast quarter of the Northeast quarter of Section 8, 

Township 4 North, Range l Enst of the Willamette Meridian, Clark 

County, Washington, described ns follows: 

BEGINNING at a point 612 feet East of the Northwest comer of the 

Northeast quarter of the Northeast quarter of Section 8, Township 4 North, 

Range I East of the Willamette Meridi11n, Clark County, Washington; 

thence South 191 feet; thence East 228 feet; thence North 191 feet; thence 

West 228 feet to the Point of Beginning. 

EXCEPT County Roads. 

ALSO EXCEPT that portion thereof conveyed to the Stnte of W;ishington by 

deed recorded under Auditor's File Nos. G 500929 and G 14355 I. 

8 
Gaming Ordinance as amended through September 13. 2015 

Section l. Tribal Gamine Authorized. Class II and Class 111 gaming is hereby authorized on 

the Tribe's Indian Uinds. 

Section 4. Ownership or Gaming Operation. The Tribe shall have the sole proprietary interest 

in and responsibility for the conduct of any gaming operation authorized by this ordinance. 

Section 5. Use of Gaming Revenue. 

(A) Net revenues from tribal gaming shall be used only for the following purposes: 

(1) To fund tribal government operations and 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 organizations; or 

(5) To help fund operations of local government agencies. 

(B) If the Tribe elects to make per capita paymenls to tribal members, it shaU authorize such 

payments only in accordance with a revenue nUocntion plnn submitted to and approved 

by the Secretary of the Interior under 25 U.S.C. § 27 IO(b)(3). 

(C) The Tribe shall ensure that the interests of minors and olhcr lcgnUy incompetent persons 

who are entitled to receive any per capita payments under a Tribal per capita payment 

plan are protected and preserved. and that the per capita payments are disbursed to the 

parenls or legal guardian of such minors or legal incompetents in such amounts as mny be 

necessary for the health, education. or wel fore of the minor or other legally incompetent 

person. under n plan approved by the Tribal Council ond the Secretary of the (nterior. 

Section 6. (REPEALED! 

Section 7. (REPEALED! 

Section 8. (REPEALED[ 

Section 9. IREPEALEDI 

Sc..>ttlon 10. (REPEALEDI 

Section 11. Tribal Gnmlng Commission. There is hereby established a Tribal Gaming 

Commission whose duty it is to regulate tribal gaming operations. The Tribal Gaming 

Commission shall consist of five (5) Commissioners appointed by the Tribal Council. The 

Commissioners shall sclecl a Chairperson. Vice.Chairperson, and other officers ns they 

determine. 

Tcnns of office for Commissioners shall be as follows: one member shall be appointed for an 

initial term ending tivc years following commencement of gaming operations by the Tribe; Two 

9 
Gaming Ordinance as amended through September 13. 2015 

members shall be appointed for an initial term ending six years following commencement of 

gaming operations by the Tribe; Two members shaU be appointed for an initial tenn cndins 

seven years following commencement of gaming operations by the Tribe. Subsequent members 

shall be appointed for three year tenns. Members may be reappointed for one or more 

successive terms. 

The minimum requirements for appointment as a member of the Tribal Gaming Commission 

shall include a basic knowledge of gaming management, business, finance, or law. 

Com1nissioncrs must satisfy the suitability standards set forth for key employees and primary 

management officials set forth in this Ordinance. Such background investigations shall be 

performed under the direction of the Tribal Council or designated official. 

Section 12. Purpose of Gomlng Commission. The purpose of the Tribal Gaming Commission 

is regulatory, not managerial. The Commission will conduct oversight to ensure compliance 

with Tribal, Federal, and, if applicable. Stale laws and regulations. The Commission will serve 

as the licensing ;iuthority for individuals employed in the gaming operation and will 1.1dminiscer 

bJckground investigations as part of the licensing precess. The Commission wilt atso have a role 

in monitoring compliance with the internal control standards for the gaming operation and in 

&racking revenues. In order to carry out its regulatory duties. the Commission shaU have 

unrestricted access to atl Jrcas of the gaming operation and to all records. The Commission shnlJ 

have authority to take enforcement actions, including suspension or revocation of an individual 

gaming license when appropriate. 

Section 13. Independence of Commission. The Tribe recognizes the importance of nn 

independent Tribal Gaming Commission in maintaining a weU-regulnled gaming operation. The 

Commission shall be and act independently and autonomously from the Tribal Council in an 

matters within its purview. In order to assure n regular and stable funding source for the Tribal 

Gaming Commission, not less than thirty-five one hundredths of one percent (0.35%) of Gross 

Gaming Revenue from any gaming operation shall be dcdicaled 10 &he budget of the 

Commission. No prior or subsequent review by the Tribal Council of any actions of the 

Commission shalt be required or pennittcd except as otherwise explicitly provided in this 

Ordinance. To avoid potential conflicts of interest between the operation and regulation of the 

gaming facilily. the Tribe hereby finds that, at minimum: 

(A) No member of the Tribal Gaming Board of Directors may serve on the Tribal Gaming 

Commission; 

(B) No person directly related to any Tribal Gaming Director member may serve on the 

Tribal Gaming Commission without a written waiver of this section by the Tribal 

Council; and 

(C) Commissioners are prohibited from gambling in the facilily. 

Section 14. Duties of the Commission. The Tribal Gnming Commission shall: 

(A) Conduct or cnuse background invescigations co be conducted on, at a minimum, primary 

management official, key employees nnd service suppliers; 
Gaming Ordinance as amended through September 13, 2015 

(B) Review and approve all investigative work conducted; 

(C) Report results of background investigations to 1he Stale and the NlGC os required by 

IGRA; 

(0) Obtain and process fingerprints, or designate a law enforcement agency 10 obtain and 

precess fingerprints; 

(E) Make suitability determinations, which shoU be signed by the Chairman of the Gaming 

Commission; 

(F) Issue gaming licenses to management officials and employees of the operation, and 

service suppliers consistent with the suitability de1ermination; 

(0) Inspect, examine and monitor all gaming activities, and have immediate access to review, 

inspect, examine, photocopy and audit all records of the gaming establishment; 

(H) Ensure compliance wilh all Tribal, State, and Federal laws, rules, and regulations 

regarding Indian gaming; 

(I) Investigate any suspicion of wrongdoing associated with any gaming activities; 

(J) Hold hearings on patron and/or employee complaints. in compliance with procedures 

established in the Compact, the man:igement ngreemen1, 1he gaming ordinance and other 

Tribal gaming regulations: 

(K) Comply with any and all reporting requirements under the IGRA, the Compact to which 

the Tribe is a party, and any other applicable law; 

(L) r>romulgate and issue regulations necessary to comply with the NIGC's Minimum 

Internal Control Standards (MlCS); 

(M) Promulgate and issue reguhuions on the levying of fees nss<1ciated with gaming license 

applications; 

(N) Promulgate and issue regulntions on the levying of fines and/or suspension or revocation 

of gaming licenses for violations of 1he gaming ordinance, or any other Tribal, Federal, or 

State. if applicable, gaming regulations; 

(0) Promulgate nnd issue licensing regulations. 

(P) Emp1oy such persons as are necessary to carry out the duties of the Gnming Commission, 

including but not limited to gaming inspectors; and 

(Q) Perform such other duties 1he Commission deems appropriate for the proper regulation of 

the Tribal gaming operation. 

Section IS. Confidentiality. The Gaming Commission shall ensure that an records and 

information obtained as a result of an employee background investigation shall remain 

l 1 
Gaming Ordinance as amended 1hrough September 13, 2015 

confidential and shall not be disclosed to persons who are not directly involved in the licensing 

process. Under no circumstances shall infonnation obtained during the cours¢ of an employee 

background investigation be disclosed to members of management, human resource personnel or 

others employed by the tribal gaming operation. 

This Section docs not apply to requests from or the furnishing or such information or records to 

nny Tribal. Federal or Seate law enforcement, regulatory or judicial agency, or for the use of such 

information or records by the Commission and staff in the perfonnance of lheir official duties. 

Section l,. Eligibility. The following persons are not etigibte to serve as Tribal Gaming 

Commissioners: employees of the gaming operation, whtle serving as such; gaming contractors 

(including any principal of a management or other contracting company); persons directly related 

to any of the above wi1hout a written waiver of this section by the Tribal Council; persons 

ineligible to be key employees or primary management officials. 

Section 17. Removal of Commissioners. The independence oflhe Tribal Gaming Commission 

is essential to a well-regulated gaming operation. For that reason, Commissioners· may only be 

removed from office by the Tribal Council prior to the expiration of their respective tenns for 

neglect of duty, misconduct, malfeasance, or other acts that would render a commissioner 

unqualified for his/her position. Any aflegntions of neglect of duty. misconduct, malfeasance, or 

other acts 1hat would render him or her unqualified for his/her position must be substantiated by 

a preponderance of the evidence. Commissioners will be given an opportunity to provide 

evidence rebuuing the grounds for their proposed removal before the removal is decided. 

Commissioners may appeal their removal to the Elders Tribunal. A vote of the Elders Tribunat 

on the validity of the removal shall be final and not subject to further appeal. A wrongful 

removal shall entitle the affected Commissioner to compensation for expenses incurred in an 

appeal and any pay withheld. 

Section 18. Quorum. A majority of the Commission shall constitute a quorum. The 

concurTence of a majorily of the Commissioners appointed to the Commission shall be required 

for any final determination by the Commission. The Commission may act in its official capacity 

even if there arc vacancies on the Commission. 

Section 19. Compensation. Tribal Gaming Commissioners shall be compensated at a level 

determined by the Tribal Council. 

Section 20. Records. The Commission shall keep a written record of all its meetings. 

Section 21. Audit. 

(A) The Tribe shall cause an annual outside independent audit of gaming operations to be 

conducted, and shall submit the resulting audit reports to !he National Indian Gaming 

Commission. 

(B) All gaming related contraccs that result in the purchase of supplies, services, or 

concessions in excess of$25,000.00 annually, except contracts for professional legal and 

accounting services, shall be spccHicaJly included within the scope of the audit that is 

described in subsection (A} above. 

12 
Gaming Ordinance ns amended through September 13. 2015 

Section 22. Envlronmcnt and Public HeaJCh and Safety. 

(A) Gaming facilities shall be oonstrucled. maintained and operated in a manner that 

adequately protects the environment and the public henlth and safety. 

(B) The Tribe's gnming facility in Clark County. Washington, shall be governed by Tribal 

Council Ordinance No. 07-02 .. Environmental, Public Health and Safety Protections for 

the Construction and Operation of the Cowlitz Indian Tribe Gaming Facility." 

SC(tion 23. lttldcs. The Tribe recognizes that the duties of the Gaming Board of Directors and 

the Tribal Gaming Commission include making important decisions on highly sensitive issues. 

As such, lhe Tribe has detennined thnt the members of the Tribal Gaming Board of Directors and 

the Tribal Gaming Commission shall be held to extreme( y high ethical standards. Prior to taking 

their positions the Board and Commission members shall agree to be bound by the following 

principles, in addition to the requirements of the code of Ethics established in Chapter 01.06 of 

the Cowlitz Tribal Code: 

(A) Members shall not hold financial interests that conflict wilh the conscientious 

performance of their duties as managers and regulators. 

(B) Members shoU not engage in financial transactions using nonpublic information or aUow 

the improper use of such information by others on their behnlf to further any private 

interest. 

(C) Members shall not solicit or accept any gift or other item of monetary value, from any 

person or entity seeking orficiol action or inaction from, doing business with, or 

conducting activities regulated by the member's organization. or whose interests may be 

substantially affected by the performance or nonperformance of the Members• duties. 

(0) Members shall make no unauthorized commitments or promises ofany kind purporting to 

bind the Tribe. 

(E) Members shall not use their positions for private gain. 

(F) Members shall act impnnially, in accordance with all relevant Tribal, Federal, and State 

laws (where appJicabte), and shall not give preferential treatment to any private 

organization or individual, including to any persons related io Members. 

(G) Members shnll ensure that Tribal property and gaming assets shall be property segregated 

and safeguarded, and that such property and assets shall not be used for unauthorized 

activities. 

(H) Members shall not engage in outside employment or ac&ivities. including seeking or 

negotiating for future employment, which conflict with their official duties and 

responsibilities; provided, however, that nothing herein shall prohibit a Member from 

seeking any public office, including any other elected or appointed Tribal office. 

13 
Gaming Ordinance ns amended through September 13, 2015 

(I) Members shall disclose waste, rraud, abuse, and corruption to appropriate authorities. 

(J) ·Members shall endenvor 10 avoid any actions creating the appearance that they arc 

violating the law or the ethical standards listed herein. 

(K) Members shall disclose any real or apparent linnncinl or personal conflicts. If there is n 

real or the appet>rance of one, the member shall not take part in imy decision related to the 

conflict. 

Section 24. Minimum Internal Control Standards. The Tribe acknowledges its obligation to 

o.dopt and implement Minimum Internal Control Standards (MICS) for the operation of its Tribal 

gaming operation no less stringent than those found in the regulations of Lhe NIGC ot 2S C.F.R. 

Part 542. The Tribe's MICS shall be set out in separiue regulations to be reviewed and approved 

by the Tribal G:uning Commission. 

Section 25. Agent for Service of Process. The Tribe hereby designates the General Council 

Chair as agent for service of process, who may be contacted at: 

r.o. Box 2547 

I 05541

' A venue Suite B 

Longview, WA 98632 

Section 26. Compliance with Federal Law. The Tribe will comply with all applicable federal 

law, including the Bank Secrecy Act, 31 U.S.C. § S3 I I et seq. 

Section 27. Patron Dispute Resolution. Patrons who have complaints against the gaming 

establishment, a gaming employee, or a management contractor shaU have as their sole remedy 

the righl to file a petition for relief with the Tribal Gaming Commission. Complaints shall be 

submitted in writing, and at the discretion of the Commission, the petitioner may be allowed 10 

present evidence. The Gaming Commission shall hold a hearing within 30 days ofre<:eipt of 

petitioner's complaint. Petitioner moy have counsel present at such hearing. The Commission 

shall render a decision in a limely fashion and all such decisions will be final when Issued. Any 

p&alron complaint must be submiucd lo the Commission within thirty (30) days of the incident 

giving rise to the complaint. The Commission's decision shall constitute the complainant's final 

remedy. 

Section 28. License Locations. The Tribal Gaming Commission shall issue a separnte license 10 

each place, facility, or location on the Tribe's Lands where gaming is conducted under this 

ordinance. 

Section 29. Licenses for Key Employees ond Primary Mana~ment Officials. The Tribe shall 

ensure that the policies and procedures set out in this chapter are implemented with respect to 

key employees and primary management officials employed ·at any gaming enterprise optmUed 

on the Tribe's Indian lands. The Tribal Gaming Commission shall perform background 

investigations and issue licenses for Key Employees and Primary Management Officials 

according to requirements at least ns stringent as those in 25 CFR Ports 556 and 558. 

Section JO. Lic~nse Applicutlon Forms - Notices. 

14 
Gaming Ordinance ns amended through September 13, 20 IS 

(A) The following notice shall be placed on the application form for n key employee or o 

primary management official: 

In compliance with the Privacy Act of 1974, the following 

information is provided: Solicitation of the information on this form 

is authorized by 25 U .S.C. 2 70 I et seq. The purpose of the requested 

inform11tion is to determine the eligibility of individuals to be granted 

a gaming license. The infonmttion will be used by the Tribnl gaming 

rei:ulatory authorities ilnd 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 to appropriate Federal, Tribal, St.ate, locnl, or foreign law 

enforcement and regulatory agencies when relevant 10 civil, criminal 

or regulatory investigotions or prosecutions or when pursuant to a 

requirement by a Tribe or che National Indian Gaming Commission in 

connection with the •ssuance, denial or revocation of a gaming 

license, or invescigation of activities while ossodated wilh o Tribe or 

a gaming operation. Failure 10 consent to 1he disclosures indicated in 

this notice will result in a tribe's being unable lo license you for a 

primary management official or lccy employee position. 

The disclosure of your Socinl Security Number (SSN) is voluntary. 

However, failure to supply a SSN may result in errors in processing 

your application. 

(B) The following additional notice shall be placed on the application form for a key 

employee or a primary official: 

A false Statement on any part of your license application may be 

grounds for denying a license or &he suspension or revoca1ion of a 

license. Also, you may be punished by fine or imprisonment. (U.S. 

Code, Title 18, section I 00 I) 

(C) The Commission shall notify in writing existing key employees and primary management 

officials who have not completed an application containing the notices set forth above 

that they shall either: 

(I) Complete a new application form that contains both the Privacy Act and false 

statement notices; or 

(2) Sign o statement that contains the Privacy Act and false st1ucment notices and 

consent to the routine uses described in thnt notice. 

Section JI. License Fees. The Tribe may charge il license fee, to be set by the Tribal Gaming 

Commission, to cover its expe~s in investigating and licensins Key Employees, Primary 

Management Orficials of the gaming operation. 

15 
Gaming Ordinance as amended through September t 3, 20) S 

Section 32. Flngerprlncs. Each applicant for gaming ficense shall be required to huve 

fingerprints talc en as part of the license npplication procedure. Fingerprints shall be taken by the 

Clark County Sheriff's Office. Fingerprints will then be forwarded to the NIGC for processing 

through the FBI and NCIC to determine the appUcont's criminal history, if any. 

Section 33. Buckground Investigations. 

(A) The Tribal Gaming Commission is responsible for conducting background investigations 

and suitability determinations for each primary management official and for each key 

employee of the gaming operation. 

(8) The Tribal Gaming Commission shall request from each primary management official 

and from each key employee ~n of the fotlowing information: 

(I) Full name, other nnmes used (oral or written), social security number(s), binh 

date. place of birth, citizenship, gender, all languages (spoken or written); 

(2) Currently and for the previous 5 years: business and employment positions held, 

ownership interests in those businesses. business and residence addresses, und 

drivers license numbers; 

(3) The names and current addresses of at least three personal references. including 

one person:il reference who was acquainted with the applicant during cnch period 

of residence listed under paragraph (8)(2) of this section; 

(4) Current business and residence telephone numbers; 

(S) A description of any existing and previous business relationships with Indian 

Tribes, including ownership interests in those businesses; 

(6) A description of any existing and previous business relationships with the gaming 

industry generally, including ownership interests in those businesses; 

(7) The name and address of any licensing or regulatory agency with which the 

person hos tiled an applic:ition for a license or permit relotcd to gaming, whether 

or not such license or pcnnit was granted; 

(8) For ench felony for which there was an ongoing prosecution or a conviction, the 

charge, the name and address of lhe court involved, and the date and disposition if 

nny; 

(9) For each misdemeanor conviction or ongoing misdemeanor prosecution 

(excluding minor traffic violations), wilhin 10 years of the date of lhe application, 

the name and address of the coun involved and the date and disposition; 

( l 0) For ench criminal charge (excluding minor traffic charges), whether or not there is 

a conviclion, if such criminal charge is wilhin lO years of the date of the 

application and is not othc1wise listed pursuant to paragraph (8)(8) or (8)(9) of 

16 
Gaming Ordinance 11s amended through September 13, 20 15 

this section, the criminal charge, the name and address of the court involved and 

lhe date and disposition; 

( 1 I) 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 pennit was granted; 

(12) A photograph taken within the last year, and 

( 13) Fingerprints consistent with procedures adopted by the N IGC according to 2.5 

C.F.R. § .522(h). 

( 14) Any other information 1he Tribe deems relevant. 

Section 34. Procedures for Conducting a Backi;:round Check on Appllconls. 

(A) As part or its review procedure, the Tribal Gaming Commission or its agent shall employ 

or engage a private investigator to conduct a background investigation on each applicant 

sufficient to allow the Tribal Gaming Commission to make nn eligibility determination 

under Section 35 of this ordinnnce. The inves1igntor s~H: 

( l) Verify the applicant's identity through ilems such as a social security card, drivers 

license, birth ccrtificutc, or passport; 

(2) Contact each personal and business reference provided in the License 

Application, when possible; 

(3) Obtain o personal credit check; 

(4) Conduct a civil history check; 

(5) Conduct a criminal history check via the submission of the applicant's 

rinserprints to the NIGC, and further obtain infonnation from the appropriate 

court regnrding pnst felony and/or misdemeanor convictions ond criminal charges 

within the lost ten years; 

(6) Inquire into any previous or existing business relationships with the gaming 

industry and Indian tribes by contacting the entities or tribes; 

(7) Verify the applicant's history and status with any licensini: neency by contacting 

the agency; nnd 

(8) Take other appropriate steps to verify the nccurncy or the infonn:ition, focusing 

on problem areas noted. 

(B) The investigator shall create an investigative report noting the steps taken, information 

gnincd, potential problem areas, ond disqualifying information. 

17 
Gaming Ordinance as amended through September 13, 201 S 

(C) The Tribal Gaming Commission nnd its investigator shaU promise to keep confidential 

the identity of ench person interviewed in the course of the investigation. other than 

disclosure as required under Federal, Tribal, or State law. 

Section 35. Ellgiblllty Determination. The Tribal Gaming Commission shall review a person's 

prior activities, criminnl record, if any. and reputation, habits and associations to make a finding 

concerning the eligibility of a key employee or primary mnnogement officiid for a gaming 

license. Jf the Tribal Gaming Commission, in applying the standards adopted in this ordinance, 

detcnnines that licensing of the person poses a threat to the public interest or to the effective 

regulation of gaming, or creates or enhances dangers of unsuitable, unfnir, or illegal practices 

and methods and activities in· the conduct of gaming, an authorized tribal official shall not 

license 1hat person in a key employee or primary management official position. 

Section 36. Procedures for Forwarding Applications ond Reports to tl1c National Indian 

Gaming Commission. 

(A) When a key employee or primary management official is employed to work at a gaming 

operation authorized by this ordinance, the Tribal Gaming Commission shall forward to 

lhe National (ndian Gaming Commission a completed application for employment ond 

conduct the background investigation and make the determination referred to in Section 

35 of this ordinance. 

(B) The gaming operation shall not employ as a key employee or primary management 

official a person who docs not have license aAer 90 days. 

Section 37. Report to lhc Nationnt Indian Gamtng Commission. 

(A) The Tribal Gaming Commission shall maintain a complete apptication file containing the 

information listed in Section 33(B). 

(B) Before issuing a license to a primary management official or lo a key employee, the 

Tribal Gaming Commission shall: 

(I) Create and maintain an investigative report on each background investigation. An 

investigative report shall include all of the following: 

(a) Steps taken in conducting a background investigation; 

(b) Results obtained; 

(c) Conclusions reached; and 

(d) The bases for those conclusions. 

(2) Submit a notice of results of she applicant's background investigation lo the NIGC 

no Inter than sixty (60) days after the applicant begins work. The notice of results 

shall contain: 

18 
Gaming Ordinance as amended through September 13, 20 IS 

(3) Applicant's name. date of birth, and socinJ security number; 

(b) Date on which applicant began or wilt begin work as a key employee or 

primary management official; 

(c) A summary of the information presented in the investigative repon, which 

shall at minimum include a listing of: 

(i) Licenses that hnve been previously denied; 

(ii) Gaming licenses that have been revoked, even if subsequently 

reinstated; 

(iii) Every known criminal charge brought against the applicant 

within the last ten (I 0) years of the date of application; and 

(iv) Every felony of which the applicant has been convicted or any 

ongoing prosecution. 

(d) A copy of the eligibitity determination made under Section 35. 

(C) If a license is not issued to an applicant, the Tribal Gaming Commission: 

(1) Shall notify the NIGC; and 

(2) Shall forward copies of its eligibility determination and investigative repon (if 

any) to the NlGC for inclusion in the Indian Gaming 0lndividuals Records 

System. 

(D) With respect to aU employees, and in particulnr key employees and primary management 

officials, the Tribal Gaming Commission shall retain applications for licensing, reports (if 

any) of backGround investigations, and eligibility detenninations for inspection by the 

Chairman of the NlGC or his or her designee for no Jess than three (3) years from lhe 

date of termination of employment. 

S(!ction 38. Gronting a Gaming License. 

(A) If. within a thirty (30) day period after the National Indian Gaming Commission receives 

a complete notice of results, the National Indian Gaming Commission notifies the Tribe 

that it has no objection to the issuance of a license pursunnt to a license application filed 

by a key employee or a primary management official, the Tribal Gaming Commission, 

acting for lhe Tribe, moy issue a license to such applicant. 

(B) The Tribal Gaming Commission shaH respond to a request for nddicionnl information 

from the Chairman of the National Indian Gaming Commission concerning a key 

employee or a primary management official who is the subject of a report. Such a 

request shall suspend the 30-day period under paragraph (A) of this section until the 

19 
Gaming Ordinance as amended through September 13. 20 IS 

Chairman of the National Indian Gaming Commission receives the additional 

infonnation. 

(C) If. within the thirty (30) day period described above, the National Indian Gaming 

Commission provides the Tribe with a Statement itemizing obje<:tions to the issuance of a 

license to a key employee or to a primary management official, the Tribe shaU reconsider 

the application, taking into account 1he objections itemized by the National Indian 

Gaming Commission. The Tribe shall make the final decision whether to issue a license 

to such applicant. 

(D) The Tribal Gamins Commission must notify the National Indian Gaming Commission of 

the issuance of a license to n primary management official or key employee within 30 

days of its issuance. 

Section 39. License Suspension. 

(A) If, after the issunnce of a gaming license, the Tribal Gaming Commission receives from 

the National Indian Gaming Commission reliable information indicating that a key 

employee or n primary management official is not eligible for employment, the Tribal 

Gaming Commission shn11 suspend such license immediately and shall notify in writing 

the licensee of the suspension and the proposed revocation. 

(B) The Tribal Gaming Commission shall notify the licensee of a time and a place for a 

hearing on the proposed revocation of a license. 

(C) Afier a revocation hearing, the Tribal Gaming Commission shalt decide to revoke or to 

reinstate a gaming license. The Commission shall notify the NJGC of its decision within 

45 days of receiving notification of the NlGC pursuant to paragraph (A) of this section. 

Section 40. Licenses for V cndors. V cndors of services or supplies with :i. value of $25,000 or 

more annually must have a vendor license from the Tribal Gaming Commission in order to 

lransact business with che Tribal saming operation. Conrrncts for professional legal and 

accounting services are excluded from this section. 

Scedon 41. SubmlssJon of a Vendor License Application. In order to obtain a vendor license, 

the business must complete a vendor application and submit to background checks of itself and 

its principals. Principals of o business include its officers, directors, management, owners, 

partners, non-institutional stockholders that either own I 0% or more of the stock or are the I 0 

largest stockholders, und the on-site supervisor or manager under the agreement with the Tribe, if 

applicable. 

Section 42. Con ten rs of the V cndor License Application. 

(A) Applications for vendor licenses must include the following: 

(I) Name of business, business address, business phone, federal tax lD number (or 

SSN if a sole proprietorship), main office address if different from business 

20 
Gaming Ordinance as amended through September 13, 201.5 

address, any other names the applicant h:is done business under, type of service 

applicant will provide; 

(2) Whether the applicant is a partnership, corporation, limited liability company, 

sole proprietorship, or other entity; 

(3) lf the applicant is a corporation, the state of incorporation, and the qualification to 

do business in the State of Washington if che gaming operation is in a different 

State than the State of incorporation. 

(4) Trade name. other names ever used, names of any wholly owned subsidiaries or 

other businesses owned by the vendor or its principals; 

(5) General description of the business and its activities; 

(6) Whether the applicant will be investing in or loaning money to the gaming 

operation and, if so, how much; 

(7) A description of any existing and previous business relationships with the gaining 

industry generally, including ownership interests in those businesses; 

(8) A list of Jndinn tribes with which the vendor has an existing or previous business 

relationship, including ownership, financial, or management interests in non· 

gaming activities; 

(9) Names, addresses, and phone numbers of three business references with whom 

the company had reguhlrly done business for the Inst five years; 

( l 0) The name and nddress of any licensing or regulatory agency with which the 

business has filed an application for a license or pennit related to gaming, whether 

or not such license or pennit was granted; 

( 11) Jf the business has ever had a license revoked for any reason, the circumstances 

involved; 

(I 2) A list of lawsuits to which the business has been a defendant, including the name 

and address of the court involved, and the date and disposition ifany; 

( 13) List the business' funding sources and any liabilities of$50,000 or more. 

(14) A list of the principals of the business, their social security numbers, addresses 

and telephone numbers, tide, and percentage of ownership in the company; and 

( 15) Any funher infonnation the Tribe deems relevant. 

(B) The following notice shall be placed on the application form for a vendor and its 

principals: 

21 
(faming Ordinance as amended through September 13, 2015 

Inclusion of false or misleading information in the vendor application may be grounds for 

denial or revocation of the Tribe's vendor license. 

(C) A vendor may submit a copy of a recent license application to another jurisdiction if it 

contains the infonnation listed above. The vendor will be required to submit in writing 

any changes in the information since the other license application was filed and any 

information requested by the Tribe not contained in the other application. 

Section 43. Vendor Backaround lnvcstigodon. The Tribal Gaming Commission shall employ 

or otherwise engage a private investigator complete nn investigation of the vendor. This 

investigation shall contain, at a minimum. the following steps: 

(A) Verify of the business' incorporation status and qualification to do business in the State 

where the gaming ope.-ation is located~ 

(B) Obtain a business credit report, if available, and conduct a Better Business Bureau check 

on the vendor; 

(C) Conduct a check of the business· credit history; 

(D) Call each of the references listed in the vendor application; and 

(E) Conduct an investigation of the principals of &he business, including a criminal history 

check, a credit report, and interviews with the personal references listed. 

Section 44. Vendor License Fee. The Tribe may charge a license fee, to be set by the Tribal 

Gaming Commission, to cover its expenses in investigating and licensing vendors of the gaming 

operation. 

Section 45. Vendor Background Investigation Report. The private investigator shall 

complete on investigative report covering each of the steps taken in the background investigation 

of the vendor and its principals and present it to the Tribal Gaming Commission. 

Section 46. Repeat. Tribal Council Ordinance No. OS-l. Gaming Ordinance, and to the extent 

that they arc inconsistent with this ordinance, aU prior gaming ordinances are hereby repealed. 

22