No elected official of the Tribe, including the Gaming Commission or any other
committee or agency of the Tribe, shall have a financial interest in or management
responsibility for, any management agreement entered into pursuant to IGRA, nor shall
such elected official serve on the board of directors or hold (directly or indirectly) ten
percent (10%) or more of the issued and outstanding stock of any corporation, or ten
percent (10%) or more of the beneficial interest in any partnership, trust, or other entity,
in any such corporation, partnership, trust or other entity, having a financial interest in, or
management responsibility for, such contract.

Section 14. Service of Process.

The Tribe designates as its agent for the service of any official determination, order,
or notice of violation, the Chairperson of the Tribe.

Section 15. Tribal Gaming Corporation.

Nothing in this Act shall prevent the Tribe, through its Tribal Council, from
delegating the authority to conduct Gaming to one or more tribal corporations, so long as
the tribal Gaming Enterprises to which such authority is delegated agree to meet all criteria
and requirements established under this Act.

Section 16. Repeal of Prior Gaming Act; Effective Date.

This Act and regulations promulgated thereunder shall constitute the entire gaming
regulations of the Tribe. All prior gaming acts and ordinances of the Tribe are repealed,
and this Act shall become effective upon its adoption.

Section 17. Severability.

If any provision or application of this Act is determined by review to be invalid, such
determination shall not be held to render such provision inapplicable to other persons or
circumstances, nor shall such determination render invalid any other provision of this Act.
Section 18. Amendments.

All provisions of this Act are subject to revision, repeal, or amendment by the Tribal

Council at any time. Regulations promulgated by the Gaming Commission under this Act
are subject to revision, repeal or amendment by the Gaming Commission at any time.

92\Muckleshoot \gam.ord\13
Adopted by Tribe 18


of hearings, to acquire the information necessary to determine whether or not a license
should be issued. Applicants shall also agree to release all information necessary in order
for the Gaming Commission to achieve its goals under this section and to furnish such
information to the Bureau of Indian Affairs, the NIGC, or such other agency as may be
required by law.

i. License Fees. Unless specifically waived by the Gaming Commission, all
license applicants shall be required to pay all applicable license fees and costs when due,
including a reasonable deposit for costs incurred in obtaining information in connection
with the license application. Applicants who are Tribal Members will not be charged a
license fee or costs. Estimates of licensing costs shall be provided to applicants upon
reasonable request. Payment for all fees and costs must be received by the Gaming
Commission prior to issuance of the license.

j. Standards. All persons engaged by or associated with any Gaming
Activities on the Reservation shall conduct themselves with honesty, integrity, and with
such decorum and manners as may be necessary to reflect positively on the Tribe, its
members and the Gaming Activities involved. Any failure to abide by such standards, or
any violation of any rule, ordinance, custom or tradition of the Tribe, the Reservation or the
Gaming Activities, or the terms or conditions of the license, may be grounds for immediate
suspension or revocation of any license issued hereunder.

k. Appeals. All decisions of the Gaming Commission regarding the issuance
or revocation of licenses shall be final and effective when issued. An applicant or licensee
whose license is denied, revoked or suspended may, within fifteen (15) days after the date
of receipt of a written decision of the Gaming Commission, file a petition with the Gaming
Commission requesting a hearing to reconsider the decision. Any Tribal Member who is
denied a license by the Gaming Commission may, within sixty (60) days of written notice
of such denial, appeal the denial to the Gaming Commission, which shall have the power
to reverse its prior decision 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 Gaming Commission that a license
be issued shall be valid if such issuance would place the Tribe in violation of any tribal-
state compact to which the Tribe is a party, or of any applicable law.

I Background Investigations.

(1) The Gaming Commission shall request from each Primary
Management Official and each Key Employee all of the information specified in
subsections (a) through (n) below. Further, each other applicant for a Class A license,
except as provided otherwise by the Gaming Commission, shall also submit the
information specified in (a) through (n) below. The Gaming Commission reserves the right,

02\Muckleshoot \gam.ord\13
Adopted by Tribe 12



i. "National Indian Gaming Commission" ("NIGC") shall mean the commission
established under IGRA.

j. “Person" shall mean any natural person or entity, including but not limited to
corporations, partnerships and trusts.

k. "Primary Management Official" shall mean 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 Enterprise; or the chief
financial officer or other person who has financial management responsibility. At
the discretion of the Gaming Commission, other positions or persons may be
included under and subject to the requirements for primary management officials.

I. "Related to” shall refer to persons who are related as a father, mother, sister
or brother.

m. "Reservation" shall mean all lands under the jurisdiction and control of the
Tribe.

n. "State" shall mean the State of Washington.

°. "Tribal Council" shall mean the governing body of the Tribe, as set forth in
the Tribe's Constitution and Bylaws.

p. "Tribal Court" shall mean any court established by the Tribe to hear disputes
or, if there is none, the Tribal Council.

q. "Tribal Member" shall mean any duly enrolled member of the Tribe.

Section 3. Ownership of Gaming.

The Tribe shall have the sole proprietary interest in and responsibility for the
conduct of any gaming operation authorized by this Act, except to the extent the Tribe may
contract with and license a person or entity to own, operate or manage the enterprise
pursuant to the provisions of IGRA and regulations promulgated thereunder, or as
otherwise permitted by law.

Section 4. Gaming Commission.

a. Establishment of Gaming Commission. There is established by the Tribe
hereby a Commission, acting under the authority of the Tribe, to be known as the

\Muckleshcot \gam.ord\13
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Section 19. Sovereign Immunity Preserved.

Nothing in this Act is intended or shall be construed as a waiver of the sovereign
immunity of the Tribe; and no manager, officer or employee of the Gaming Commission or
the Tribe shall be authorized, nor shall they attempt, to waive the immunity of the Tribe.

2\Muck Lleshoot\gam.ord\13
Adopted by Tribe 19


application, taking into account such objections. The Gaming Commission retains the right
to make the final determination whether to issue the license to such applicant.

p. License Suspension.

(1) If, after issuance of a gaming license, the Tribe receives reliable
information from the NIGC or other reliable source indicating that a Key Employee or a
Primary Management Official is not eligible for employment under the eligibility criteria
established in section 10. above, the Gaming Commission shall suspend the license and
shall notify the licensee in writing of the license suspension and proposed revocation.

(2) | The Gaming Commission shall notify the licensee of a time and place
for a hearing on the proposed revocation of a license.

(3) After the revocation hearing, the Gaming Commission shall determine
whether to revoke or to reinstate the gaming license. For actions taken in response to
information provided by the NIGC, the Gaming Commission shall notify the NIGC of its
decision.

q. Facilities Licenses. Before Gaming Activities can be conducted therein, the
Gaming Commission shall inspect and license each such facility in accordance with this
Act and any requirements of IGRA. Facilities in which Gaming Activities were taking place
on the date this Act was adopted shall be deemed to have qualified for and be operating
under such a license upon adoption of this Act.

Section 11. Application Forms.

a. Each application form for a Key Employee or a Primary Management Official,
as well as for all other Class A license applicants, unless otherwise specifically exempted
by the Gaming Commission, shall contain the notices set forth in subsections (1) and (2)
below:

(1) Privacy Act Notice:

In compliance with the Privacy Act of 1974, the following information
is provided: Solicitation of the information on this form is authorized by 25 U.S.C. §2701
et seg. The purpose of the requested information is to determine the eligibility of
individuals to be employed in a gaming operation. The information will be used by National
Indian Gaming Commission members and staff who have need for the information in the
performance of their official duties. The information may be disclosed to appropriate
federal, tribal, state, local, or foreign law enforcement and regulatory agencies when
relevant to civil, criminal or regulatory investigations or prosecutions or when pursuant to

92 \Mue

\gam.ord\13
Adopter be

16



the treasury such funds shall lose any identity as gaming revenues except to the extent
necessary to identify them as such in order to comply with applicable law. No Tribal
Member shall be deemed to have any interest in such profits or net revenues, provided
that the Tribal Council may adopt rules for distributing gaming proceeds to Tribal Members
on a per capita basis provided such plan meets the requirements of IGRA, 25 U.S.C. §
2710 (b)(3). Payments from the general treasury funds to Tribal Members under other
tribal programs, including those related to health, welfare, education, elderly care, and
housing, shall not be deemed to be per capita payments.

b. Use of Net Revenues. Net Revenues from Gaming Activities shall not be used
for purposes other than:

(1) To fund tribal government operations or programs;

(2) To provide for the general welfare of the Tribe and its members;

(3) | To promote economic development for the Tribe;
(4) To donate to charitable organizations; or

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

Section 7. Operation of Gaming Establishments.

a. Gaming Permitted as Licensed. Except to the extent authorized by an
agreement pursuant to the provisions of IGRA or as otherwise permitted by law, Gaming
Activities shall only be conducted in tribally owned, operated and licensed facilities
pursuant to the provisions of this Act. 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 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 Gaming Commission or the Tribal Council may deem necessary to the
conduct of Gaming Activities therein.

b. Protection of Environment and Public. Any construction or maintenance of
any gaming facility, and the operation of gaming therein, shall be conducted in a manner
which adequately protects the environment and the public health and safety.



g. Voting. All actions of the Gaming Commission shall be taken by majority
vote. The Commission Chairman shall vote on any issue only to break a tie vote.

h. Meetings. Meetings shall be held at least once per month, on the second
Tuesday of the month at the Tribe's primary meeting facility (“Scheduled Meetings"). Any
Tribal member may attend Scheduled Meetings. Scheduled Meetings may be changed at
any time by the Gaming Commission, with notice of such change posted prominently at
least five (5) business days in advance at the Office of the Gaming Commission. Notice
of meetings shall be given in writing to each Commissioner, served by first class mail or
personal delivery at least five (5) business days prior to such meeting. Additional
meetings shall be held as called by the Chairman or by at least three (3) other
Commissioners. Meetings may be called at any time, by any means, with unanimous
consent of the Commissioners. All Commission discussions, deliberations, and votes
taken regarding specific license applications and related background investigations, or any
other investigations, and any other matter the Commission deems must be kept
confidential in order to preserve the integrity of the Gaming Enterprise or Tribe or to
protect the privacy of the applicant, shall be held in Executive Session.

i. Compensation for Serving; Fringe Benefits: Reimbursement of Expenses

Commissioners shall be compensated for serving on the Commission at the same
rate of compensation that Tribal Council members receive as director's fees. Subject to
approval by and in accordance with procedures to be adopted by the Tribal Council,
Commissioners shall be reimbursed for expenses incurred in connection with the
performance of their Commission duties. Step increases may be allowed based on length
of service. Commissioners shall be eligible for fringe benefits which are available to other
appointed or elected officials of the Tribe to the extent the provider of such benefits
qualifies Gaming Commission positions for such benefits. Subject to approval by the and
in accordance with procedures to be adopted by the Tribal Council, Commissioners shall
be reimbursed for expenses incurred in connection with the performance of their Gaming
Commission duties.

j. Powers and Duties.
The Gaming Commission shall have the power and duty to:

(1) Inspect, examine and monitor Gaming Activities, including the power
to demand access to and inspect, examine, photocopy and audit all papers, books
and records respecting such Gaming Activities;

(2) Investigate any suspicion of wrongdoing in connection with any
Gaming Activities;

02\
Ado}

ck leshoot \gam.ord\13
ed by Tribe 5



Muckleshoot Gaming Commission. The Gaming Commission shall be composed of five
(5) members of the Muckleshoot Tribe, all of whom shall be appointed by the Tribal
Council. One (1) of the five (5) Gaming Commission members shall be appointed from the
Tribal Council.

b. Disqualifications for Office. The following persons may not serve as
Commissioners:

(1) Employees of any Gaming Enterprise on the Reservation;

(2) Except as provided in § 4 a. above, members of the Tribal Council
are not eligible to serve on the Gaming Commission during their term on the Tribal
Council.

(3) | Persons related to any Gaming Contractor (including any
principal thereof or Closely Associated Independent Contractor).

(4) Persons who would not be eligible to be officers of the Tribe
pursuant to the Tribe's Articles and Bylaws;

c. Terms of Office. The Commissioners shall serve for three (3) year terms,
except that immediately after enactment of this Act two (2) of the Commissioners shall
serve for two (2) years, and three (3) of the Commissioners shall serve for three (3) years.
Commissioners may serve for more than one (1) term. The Tribal Council member on the
Gaming Commission shall serve only so long as he or she is also serving on the Tribal
Council.

d. Removal from Office. Commissioners may only be removed from office
before the expiration of their terms by the Tribal Council for neglect of duty, malfeasance
or other good cause shown. The procedure for removing a Commissioner shall be the
same as for removing a member of the Tribal Council.

e. Quorum. Three (3) members of the Gaming Commission shall constitute a
quorum.
f. Officers and Duties. The Tribal Council member representative on the

Gaming Commission shall serve as Gaming Commission Chairman. The Gaming
Commission shall select, by majority vote, a Vice-Chairman and Secretary. The Chairman
shall preside over meetings of the Gaming Commission and the Vice-Chairman shall
preside in absence of the Chairman. The Secretary shall record in writing the minutes of
all Gaming Commission meetings and all official actions taken by the Gaming Commission

eshoot \aam.ord\13
by Trihe 4



a requirement by a Tribe or the National Indian Gaming Commission in connection with the
hiring or firing of an employee, the issuance or revocation of a gaming license, or
investigations of activities while associated with a Tribe or a gaming operation. Failure to
consent to the disclosures indicated in this notice will result in a Tribe's being unable to hire
you in a Primary Management Official or Key Employee position.

The disclosure of your Social Security Number (SSN) is voluntary.
However, failure to supply a SSN may result in errors in processing your application.

(2) Notice Regarding False Statements.

A false statement on any part of your application may be grounds for
not hiring you, or for firing you after you begin work. Also, you may be punished by fine or
imprisonment. (U.S. Code, title 18, § 1001)

b. Any existing Key Employee or Primary Management Official, or any other
Class A licensee unless otherwise specifically exempted by the Gaming Commission, that
has not completed an application form containing the language set forth in Section 11.a.(1)
and (2) above, shall be notified that they must either:

(1) | Complete a new application form that contains the Privacy Act Notice
and the Notice Regarding False Statements; or

(2) Sign astatement that contains the Privacy Act Notice and consent to
the routine uses described in that notice, and sign a statement that contains the Notice
Regarding False Statements.

Section 12. Class Ill Gaming; Tribal-State Compacts.

In addition to the provisions set forth above, no Class III gaming shall be engaged
in on the Reservation unless a tribal-state compact has first been obtained in accordance
with the IGRA. All negotiations for such compacts shall be conducted through the Tribal
Council, with the advice and suggestion of the Gaming Commission, and shall be finalized
in accordance with tribal law. To the extent any provision of a tribal-state compact is
inconsistent with the provisions of this Act, such compact shall prevail and shall be
deemed incorporated by reference herein.

Section 13. Interest in Management Contracts by Tribal Officials.

U2 \Muck leshoot \gam.ord\13
Adopted by Tribe 17


k. Annual Reports. On or before January 31st of each year, the Gaming
Commission shall provide to the Tribal Council an Annual Report summarizing its activities
during the prior twelve (12) month period ending on December 31st, and accounting for all
teceipts and disbursements. The Tribal Council shall cause copies of the Annual Report
to be made available to Tribal Members within thirty (30) days after receipt.

I. Other Reporting Requirements. As required, the Gaming Commission shall
comply with any reporting requirements established under a tribal-state compact to which
the Tribe is a party, and other applicable law, including the IGRA and regulations
promulgated thereunder.

Section 5. Permitted Gaming Activities.

a. Unauthorized Gaming Prohibited. All Gaming Activities on the Reservation
(whether Class |, II or Ill) are prohibited except as expressly authorized under this Act.

(1) Class | Gaming. Class | Gaming Activities are hereby permitted to the extent
consistent with tribal custom and practice. The Gaming Commission may prohibit and
prevent any conduct which is claimed to be Class | gaming if the Tribal Council finds that
such conduct is not in accordance with tribal customs or practices or violates IGRA or any
other law.

(2) Class Il and Class II Gaming. Class II and Class III gaming on the Reservation

is hereby authorized, provided the Tribe has the sole proprietary interest in and
responsibility for the conduct of any gaming enterprise, or to the extent the Tribe may
contract with and licensed a person or entity to own, operate or manage the enterprise
pursuant to the provisions of IGRA or as otherwise permitted by law. Nothing herein shall
prohibit the Tribe from engaging the services of non-tribal persons as employees thereof
or engaging any person or entity to provide consulting or other technical assistance or to
assist the Tribe in the management of Gaming Activities pursuant to a management
agreement entered into under the provisions of IGRA. Class III gaming shall be conducted
in accordance with any tribal-state compact between the Tribe and the State, or any
alternative thereto as provided by IGRA.

Section 6. Gaming Revenues.

a. Tribal Property. Except as provided for under the terms of an agreement
pursuant to the provisions of IGRA 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 Gaming Activities shall be deposited into the Tribe's general
treasury or such other tribal account as the Tribe shall determine. Once becoming part of

02\Muckleshoot \gam.ord\13

Adopted by Tribe 7


NATIONAL
INDIAN
GAMING

COMMISSION
JUL 10 1995

Virginia Cross, Tribal Chairperson
Muckleshoot Indian Tribe

39015 172nd Avenue, S.E.

Auburn, Washington 98002

Dear Chairperson Cross:

This letter responds to your request to review and approve
the amendment to the Muckleshoot Indian Tribe’s tribal gaming
ordinance submitted on May 26, 1995. The amendment was adopted
by Resolution No. 94-380 on December 29, 1994. The ordinance was
approved by the Chairman of the National Indian Gaming Commission
(NIGC) on March 21, 1994. The amendment does not require
approval by the NIGC because the amendment addresses issues not
raised in the IGRA or the NIGC’s regulations.

Under the IGRA and the regulations of the NIGC, the Chairman
is directed to review ordinances and amendments with respect to
the requirements of the IGRA and the implementing regulations.
Thus, the scope of the Chairman’s review and approval is limited
to the requirements of the IGRA and the NIGC regulations.
Provisions other than those required under the IGRA or the NIGC
regulations that may be included in a tribal ordinance are not
subject to review and approval.

Thank you for submitting the Muckleshoot Indian Tribe’s
amendment for review. If you have questions or require further /
assistance, please contact Jessica J. Kachur at (202) 632-7003.

Sincerely yours,

/7 Haro A>Monteau
{ hairman
oe

cc: Mary Prevost

03

1850 M STREET. NW, SUITE 250 WA INGTON OC 2003



a Licensing Requirements. It is the declared policy of the Tribe that all Gaming
Activities be licensed and controlled so as to protect the morals, good order and welfare
of Tribal Members and other persons on the Reservation and to preserve the honesty,
fairness and integrity of such Gaming Activities. Accordingly, no person shall engage in
any Class Il or Class III Gaming Activities on the Reservation without an appropriate and
valid independent Class II or Class Ill license issued by the Gaming Commission. Any
gaming license which is issued, or finding of suitability or approval by the Gaming
Commission, shall be deemed a privilege subject to suspension or revocation. No license
shall be issued that would place the Tribe in violation the IGRA and regulations
promulgated thereunder and, as applicable, provisions of a tribal-state compact, or of any
applicable law.

b. Burden on Applicant. The burden of proving an applicant's qualification to
receive any license hereunder 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.

c. 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.

d. Release of Information. All persons applying for a license shall agree to
release all information necessary in order for the Gaming Commission to achieve its goals
under this Act, and to furnish such information to the Bureau of Indian Affairs, the NIGC,
or such other governmental agency as may be required by law.

e. Types of Licenses. Three classes of licenses (Class A, Class B, and Class
C) shall be issued to persons and entities associated with Gaming Activities.

(1) Class A Licenses. Before permitting any person to become
permanently associated with the Gaming Activities as an investor, management entity, or
other person owning or controlling ten percent (10%) or more of any interest in any
management entity, or any Primary Management Official, Key Employee, Closely
Associated Independent Contractor, or other individual or entity with influence over the
management or operation of the gaming, or a Class II or Ill gaming employee, supplier,
manufacturer or distributor, such person shall obtain a Class A license. The Gaming
Commission shall conduct or cause to be conducted a background investigation to
determine if such person has:

(a) Any criminal record or any reputation, prior activities,
habits or associations which might pose a threat to the public interest
or to the effective regulation of gaming.

02\Muckleshoot \gam. ord\13
Adopted by Tribe 10



c. Dispute Resolution. Patrons who have complaints against the gaming
establishment shall have as their sole remedy the right to file a petition for relief with the
Gaming Commission. For such purposes, disputes with any management contractor or
its employees shall be made to the Gaming Commission, and such shall be the exclusive
remedy for patron complaints. Complaints shall be submitted in writing and, at the
discretion of the Gaming Commission, the petitioner may be allowed to present evidence.
The Gaming Commission will render a decision in a timely fashion and all such decisions
will be final when issued. Any patron having a claim against the gaming establishment or
a management contractor or its employees must submit such claim to the Gaming
Commission within thirty (30) days of its occurrence. All claims by patrons shall be limited
to a maximum recovery of $10,000 per occurrence, and a cumulative limit of $20,000 per
patron in any twelve (12) month period. Except to the extent provided herein, all damage
suits against any employee, officer, agent, manager or director of the Tribe or any of its
departments or divisions for disputes arising under this Act or regulations promulgated
hereunder, are prohibited.

Section 8. Audits.

Annual Audits. Annual outside auditing by a recognized independent accounting
firm shall be conducted of each gaming activity and the results thereof reported to the
Tribal Council, and, to the extent required by law, the Bureau of Indian Affairs and the
National Indian Gaming Commission ("NIGC").

Section 9. Contracts.

a. Bidding. Contracts relating to gaming or any gaming facility over $25,000 or for
more than five (5) years (except contracts for professional legal or accounting services)
shall be subject to a formal, sealed bidding process prior to submission to the Tribal
Council for approval. All reasonable attempts shall be made to obtain and consider at
least three (3) responsible bids; provided, the Gaming Commission may waive the
requirement for three bids upon good cause shown.

b. Audit Requirements. All contracts for supplies, services, or concessions for a
contract amount in excess of $25,000 annually (except contracts for professional legal or
accounting services) relating to Class II or Class III gaming on the Reservation shall be
subject to independent audits, and such contracts shall so specify.

Section 10. Licenses.



(3) | Conduct, or cause to be conducted, such investigations as may be
necessary to determine in connection with any Gaming Activities, compliance with
law or this Act or any contracts, agreements, goods, services, events, incidents, or
other matters related to Gaming Activities;

(4) | Conduct, or cause to be conducted, background investigations
regarding any person in any way connected with any Gaming Activities and issue
licenses to, at minimum, all Key Employees and Primary Management Officials
according to requirements at least as stringent as those in 25 C.F.R. parts 556 and
558;

(5) Hold such hearings, sit and act at such times and places, summon
persons on the Reservation to attend and testify at such hearings, take such
testimony, and receive such evidence as the Gaming Commission deems relevant
in fulfilling its duties;

(6) | Administer oaths or affirmations to witnesses appearing before the
Gaming Commission;

(7) Implement and administer a system for investigating, licensing and
monitoring employees and others connected with Gaming Activities, as described
below, including the issuance of licenses to gaming facilities, individuals and
entities as required under this Act and IGRA;

(8) Hear disputes against the gaming establishment, in accordance
with the procedures established in this Act.

(9) Hire such staff and support services as deemed necessary subject
to a budget approved by the Tribal Council.

(10) To the extent required, comply with any reporting requirements
established under a tribal-state compact to which the Tribe is a party and other
applicable law, including the IGRA.

(11) Issue such regulations as it deems appropriate in order to implement
the provisions of this Act;

(12) Promulgate rules for each Class |, Class II or Class III game allowed
under this Act; such rules shall govern the conduct of such games; and

(13) Carry out such other duties with respect to Gaming Activities on the
Reservation as the Tribal Council shall direct.

hoot \gam.ord\13

Tribe 6


"Gaming Commission" which shall mean the Muckleshoot Gaming Commission or its
Commissioners, established and described herein.

a. “Closely Associated Independent Contractor" shall mean any contractor that
shares common ownership, officers or directors with any management principal or
person related thereto.

b. "Gaming" shall mean an activity in which a person stakes or risks something
of value on the outcome of a contest of chance or a future contingent event, not
under his or her control or influence, upon an agreement or understanding that the
person, or someone else, will receive something of value in the event of a certain
outcome, but shall not include bona fide business transactions.

c. "Gaming Activities" shall mean any Class |, Class Il, or Class Ill gaming
activity conducted by or under the jurisdiction of the Tribe.

d. “Gaming Commission" shall mean the Muckleshoot Gaming Commission,
as established herein to monitor the Gaming Activities, investigate wrongdoing,
conduct background investigations, issue licenses, and perform other duties as
required for the regulation of Gaming on the Reservation.

e. "Gaming Contractor" shall mean any person or entity that supplies gaming
devices or other gaming equipment, personnel, or services (including gaming
management or consulting services) to any gaming activity or enterprise.

f. "Gaming Enterprise" shall mean any gaming business, event, enterprise
or activity conducted by or under the jurisdiction of the Tribe.

g. “Immediate Family" shall mean and is limited to, the subject individual's
spouse, children, and parents -- adopted or biological.

h. "Key Employee" shall mean 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 (4) most highly compensated persons in the Gaming
Enterprise are included in the definition of key employees. At the discretion of the
Gaming Commission, other positions or persons may be included under and subject
to the requirements for key employees.

02\Muckleshoot \gam.ord\13
Adopted by Tribe 2


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

(a) Fullname, other names used (oral or written), social security
number(s), date of birth, place of birth, citizenship, gender, all languages (spoken or
written);

(b) Currently and for at least the previous ten (10) years: business
and employment positions held, ownership interests in those businesses, business and
residence addresses and drivers license number(s);

(c) | 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 under subsection (b) above;

(d) Current business and residence telephone numbers;

(e) Description of any existing and previous business relationships
with the gaming industry generally, including ownership interests in those businesses;

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

(g) | Name and address of any licensing or regulatory agency with
which the person has ever filed an application for a license or permit related to gaming,
whether or not such license or permit was granted;

(h) For each felony for which there is an on-going 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 misdemeanor conviction or on-going misdemeanor
prosecution (excluding minor traffic violations) within ten (10) years of the date of the
application: the name and address of the court involved, and the date and disposition, if
any, of the case;

(j) For each criminal charge (excluding minor traffic charges),
whether or not there is or was a conviction, if such criminal charge is within ten (10) years
of the date of the application and is not otherwise listed above pursuant to subsections (h)
or (i) above: the criminal charge, the name and address of the court involved and the date
and disposition, if any, of the case;

2\Muck Leshoot \gam.ord\13
Adopted by Tribe 13


NIGC. The Gaming Enterprise shall not employ or continue to employ any person as a
Key Employee or Primary Management Official who does not have a license within ninety
(90) days of beginning work.

The investigative report shall include the following information:
(a) Steps taken in conducting a background investigation;
(b) Results obtained;
(c) Conclusions reached; and
(d) | The bases for those conclusions.

(3) | The Gaming Commission, acting on behalf of the Tribe, shall provide
to the NIGC or other agency, any other reports and information required by IGRA and
regulations promulgated thereunder. Further, with respect to Key Employees and Primary
Management Officials, the Gaming Commission shall retain applications for employment
and reports (if any) of background investigations for inspection by the NIGC for no less
than three (3) years from the date of termination of employment.

(4) _ If alicense is not issued to an applicant, the Gaming Commission shall
notify the NIGC and may forward copies of its eligibility determination and investigative
report (if any) to the NIGC for inclusion in the Indian Gaming Individuals Records System.

oy Granting a Gaming License.

(1) If, within a thirty (30) day period after the NIGC receives a report as
required under subsection 10.n. above, the NIGC notifies the Tribe that it has no objection
to the issuance of a license pursuant to the license application filed for a Key Employee
or Primary Management Official for whom the Gaming Commission has provided an
application and investigative report, the Gaming Commission may issue the license.

(2) | The Gaming Commission shall provide any additional information
requested by 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 established under this subsection until
the NIGC receives the additional information.

(3) If, within the thirty (30) day period established under this subsection,
the NIGC provides a statement itemizing objections to issuance of a license to a Key
Employee or Primary Management Official, the Gaming Commission shall reconsider the

002\Muck leshoot \gam.ord\13
Adopted by Tribe 15


MUCKLESHOOT INDIAN TRIBE

MUCKLESHOOT GAMING ACT OF 1992, as Amended
(Per Resolutions No. 93-048 A and No. 94-380)

The Muckleshoot Indian Tribe, a federally recognized Indian Tribe ("Tribe") hereby
enacts the following Ordinance to amend the Muckleshoot Gaming Act of 1992. This
amended Act, shall be known as the "MUCKLESHOOT GAMING ACT OF 1992, as
Amended" ("Act"). This Act and any regulations promulgated thereunder shall constitute
the entire gaming regulations for the Tribe.

Section 1. Findings and Policy.

This amended Act is adopted by the Tribal Council, pursuant to its authority granted
under the Tribe's Constitution, for the purpose of establishing the terms for gaming on the
Reservation for tribal governmental and charitable purposes, and to develop and operate
such gaming consistent with the findings herein and in conformity with the federal Indian
Gaming Regulatory Act (25 U.S.C. § 2701 et seq. ("IGRA")) and regulations promulgated
thereunder.

The Tribe finds that:

a. Gaming on its Reservation is a valuable means of generating revenues that
are needed for economic development, to promote tribal self-sufficiency, economic
development, employment, job training, and a strong tribal government, and to fund and
ensure essential social programs and services;

b. The Tribe desires to conduct certain forms of gaming to provide needed
revenues to the Tribe, and to regulate and control such gaming in a manner that will
protect the environment, the Reservation, the health, security and general welfare of the
Tribe, the players, and the community; and

c. The Tribe desires to own all gaming on tribal lands, and to manage and
regulate such gaming in a manner that will adequately address such special interests and
needs of the Tribe.

Section 2. Definitions.
Unless specified otherwise, terms used herein shall have the same meaning as in

IGRA, including but not limited to references to "Net Revenues," "Class I," "Class II," and
“Class Ill" gaming, and except for references to "Commissioners", "Commission", or

02\Muck Lest
Adopted by



RESOLUTION No. 74/- 220) ,

TO APPROVE CERTAIN AMENDMENTS TO THE
MUCKLESHOOT GAMING ORDINANCE

WHEREAS, the Muckleshoot Indian Tribal Council is the duly
constituted governing body for the Muckleshoot Indian Reservation
by the authority of, and is herein acting solely pursuant to, its
constitution and by-laws approved May 13, 1936, by the Secretary
of the Interior, and as amended June 28, 1977, and not pursuant
to its Indian Reorganization Act Corporate Charter ratified
October, 31, 1936; and

WHEREAS, the Muckleshoot Tribal Council per Resolution Nos. 93~
048A and 94-057 has enacted a Gaming Ordinance as Title 11 to the
Muckleshoot Code of Laws; and

WHEREAS, the Muckleshoot Tribal Council desires to enact certain
amendments to the Gaming Ordinance concerning the Muckleshoot
Gaming Commission which are indicated by the redline and
strikeout version of the Gaming Ordinance attached to this
resolution;

NOW THEREFORE BE IT ENACTED by the Tribal Council of the
Muckleshoot Indian Tribe that the amendments to the Gaming
Ordinance indicated in the redline and strikeout version of the
Gaming Ordinance attached to this resolution are hereby approved
and adopted.

CERTIFICATION

As Secretary of the Muckleshoot Indian Tribal Council, I vereby

certify that the above resolution was adopted at a x CAG
meeting of the Tribal Council on the AD day of ,
1994, held on the Muckleshoot Indian Reservation, Auburn, WA, at

which a quorum was present by a vote of 4 for, © against,
and C abstentions.

fo \
Viau2 Oe)
‘Yenus Davis
Secretary

Chairpérson

Resolution No.
Page - 1

10S COO3Y

286


(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.

Persons who do not meet the above qualifications shall be denied a Class A license.

(2) Class B Licenses. Persons who are not among those identified in
subsection (1) above, but are to be employed at a gaming facility on the Reservation in
some other capacity, such as in non-gaming related activities, shall be required to obtain
a Class B license from the Gaming Commission. Such persons must establish that they
have not been convicted of a crime, or engaged in any activity, which the Gaming
Commission in its sole discretion deems would render such person a danger to the safety
or integrity of the Gaming Activities or the safety or property of the Tribe, any Tribal
Member, any gaming employee or patron, or the public.

(3) | Class C Licenses. Minors (persons under 18 years of age) employed
at a gaming facility on the Reservation 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 law, provided such minors are not deemed by the Gaming
Commission to pose any threat to the safety or integrity of the Gaming Activities or the
safety or property of the Tribe, any Tribal Member, any gaming employee or patron, or the
public. The Class C license shall be valid for no more than six (6) months before renewal,
and shall be revoked upon the minor's reaching the age of 18, at which time a Class A or
B license, as may be appropriate, will be required. Minors shall not be employed as
dealers or otherwise to operate or supervise the operations of games, or to serve liquor.

f. License Renewal. Class A and Class B licenses shall be subject to renewal
at least annually, and may be revoked or suspended upon the occurrence of any act
which, if known during the application process, would have tended to disqualify such
person for such a license.

g. Temporary Licenses. Pending completion of an investigation for a license,
temporary licenses of no more than ninety (90) days duration may be issued by the
Gaming Commission if in its sole discretion it deems it appropriate to do so. Such licenses
shall permit the licensee to engage in such activities and pursuant to such terms and
conditions as may be specified by the Gaming Commission. Such temporary licenses shall
expire ninety (90) days from date of issuance, upon issuance of a regular license, or until
an earlier specified expiration date, whichever occurs first.

h. License Investigations. The Gaming Commission may employ all reasonable
means, including the engagement of outside services and investigators and the holding

kleshoot \gam.ord\13
d by Tribe 11



(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;

(I) Current photographs;

(m) — Any other information the Tribe or Gaming Commission deems
relevant, and

(n) _ Fingerprints consistent with procedures adopted by the Gaming
Commission according to 25 C.F.R. § 522.2(h).

(2) | The Tribe shall conduct or cause to be conducted an investigation,
through the Gaming Commission, sufficient to make a determination of eligibility as
required under this Act. In conducting the background investigation, the Gaming
Commission and its agents shall promise to keep confidential the identity of each person
interviewed in the course of the investigation.

m. Eligibility Determination. The Gaming Commission shall review a person's
prior activities, criminal record, if any, and reputation, habits and associations to make a
finding concerning the eligibility of a Key Employee or Primary Management Official for
employment in a gaming operation. If the Gaming Commission determines that
employment of the person poses a threat to the public interest or to the effective regulation
of gaming, or creates or enhances dangers of unsuitable, unfair, or illegal practices and
methods and activities in the conduct of gaming, the Gaming Enterprise shall not employ
that person in a Key Employee or Primary Management Official position or in any other
position for which a Class A license is required, except as specifically established by the
Gaming Commission.

n. Forwarding Licensing Applications and Reports to NIGC.

(1) On or before the date a Key Employee or Primary Management
Official is employed by a Gaming Enterprise authorized under this Act, the Gaming
Commission, acting on behalf of the Tribe, shall forward to the NIGC the person's
completed application for employment containing the information required above under
section 10.1. of this Act.

(2) Prior to issuing a license to a Primary Management Official or Key
Employee, the Gaming Commission, acting on behalf of the Tribe, shall forward to the
NIGC, together with a copy of the eligibility determination made under subsection 10.m.
above, 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, or within sixty (60) days of the approval of this Act by the

92\Muck Leshoot \gam. ord\13
Adopted by Tribe 14