SQUAXIN ISLAND TRIBE

Of the

SQUAXIN ISLAND TRIBAL COUNCIL

WHEREAS, the Squaxin Island Tribal Council is the Governing Body of the Squaxin Island

Tribe, its members, its lands, its enterprises, and its agencies by authority of the Constitution and

Bylaws of the Squaxin Island Tribe, as approved and adopted by the General Body and the

Secretary of the Interior on July 8, 1965; and

WHEREAS, the Tribe is a federally-recognized Indian Tribe possessing reserved powers,

including the powers of self-government; and

WHEREAS, under the Constitution, Bylaws and inherent scvereignty of the Tribe, the Squaxin

Island Tribal Council is charged with the duty of protecting the health, security, education and

general welfare of tribal members, and with protecting and managing the lands and treaty

resources and rights of the Tribe; and

WHEREAS, the Squaxin Island Tribal Council has been entrusted with the creation of

ordinances and resolutions in order to fulfill their duty of protecting the health, security,

education and general welfare of tribal members, and of protecting and managing the lands and

treaty resources of the Tribe; and

WHEREAS, the Squaxin Island Tribal Council finds that regulation of gaming on all lands

within the jurisdiction of the Squaxin Island Tribe is essential to the health and welfare of the

Squaxin Island Tribe and its members; and

WHEREAS, the Squaxin Island Tribal Council further finds that the Squaxin Island Gaming

Ordinance (Squaxin Island Tribal Code, Chapter 6.08) as amended by Resolutions 03-99 and 04-

10 of the Squaxin Island Tribal Council does not meet all requirements of the Indian Gaming

Regulatory Act (IGRA) or the regulations promulgated by the National Indian Gaming

Commission (NIGC) thereunder;

RESOLUTION NO. O4-~

SQUAXIN ISLAND TRIBE I, 70 S.E. Squaxin Lane / Shelton, WA 98584 / Phone (360) 426-9781

Tribal Council (360) 426-9781 Natural Resources (360) 426-9783 Health Clinic (360) 427-9006
Page 2

Resolution

NOW THEREFORE BE IT RESOLVED, that the Squaxin Island Tribal Council hereby

repeals Resolutions 03-99 and 04-10; and

NOW THEREFORE BE IT FURTHER RESOLVED, that the Squaxin Island Tribal Council

hereby adopts revisions to the Squaxin Island Gaming Ordinance as attached hereto, effective

immediately.

NOW THEREFORE BE IT FURTHER RESOLVED, that the Squaxin Island Tribal Council

hereby directs that this Resolution be submitted to the NIGC for approval; and

NOW THEREFORE BE IT FINALLY RESOLVED, that the Squaxin Island Tribal Council

hereby authorizes and directs the Squaxin Island Legal Department to take all actions necessary

to obtain NIGC approval of the revisions to the Squaxin Island Gaming Ordinance adopted by

this Resolution.

CERTIFICATION

The Squaxin Island Tribal Council does hereby certify that the foregoing Resolution was adopted

at the regular meeting of the Squaxin Island Tribal Council, held on this 8th day of July, 2004 at

which time a quorum was present and was passed by a vote of for and ~ against with 6

abstentions.

t3~id Lo~ , C~i~ian

/ Attested by:_______________________

Vince Henry, Sr., Secreta~/

Andy Whi er, Vice Chairman
Chapter 6.08

GAMING

Sections:

6.08.010 Statement of purpose.

6.08.020 Short title.

6.08.030 interpretation.

6.08.040 Policy.

6.08.050 Definitions.

6.08.060 General prohibition.

6.08.070 Individually owned gaming operations.

6.08.080 Gaming activities.

6.08.090 The Squaxin Island Gaming Commission.

6.08.100 Operations.

I 6.08.110 Ne.4agsldentification Badges

6.08.120 ViolationsJurisdiction.

6.08.130 Net revenue tax.

6.08.140 Internal Revenue Service.

6.08.150 Designation of an agent for service of process.

6.08.160 Severability clause.

6.08.170 Enactment of tribal-state compact.

6.08.180 Dispute resolution procedures.

6.08.010 Statement of purpose.

A chapter to govern and regulate the operation, conduct and playing of(l) Class I gaming

and (2) Class II gaming, as defined by the Indian Gaming Regulatory Act of 1988, 25 U.s.c.

Section 2701, et seq. (the Act); and (3) Class Ill gaming as defined by the Act and as

authorized by and pursuant to the provisions of a tribal-state compact under the provisions of the

Act, so that revenue may be produced for the support of tribal government programs which

promote economic development and for the health, education and welfare of the Tribe and its

members. (Res. 94-78 (part))

6.08.020 Short title.

This chapter may be cited as the gaming ordinance of the Squaxin Island Tribe of the

Squaxin Island Reservation located in Mason County, Washington. (Res. 94-78 (part))

6.08.030 Interpretation.

This chapter shall be deemed an exercise of the sovereign power of the Squaxin Island

Tribe and all provisions of this chapter shall be liberally construed for the accomplishment of the

statement of purpose. (Res. 94-78 (part))

6.08.040 Policy.

A. Proprietary Interests. The Squaxin Island Tribe shall have the sole proprietary

interest, authority and responsibility for the conduct of any Class II gaming conducted on the Indian
lands and shall have the sole proprietary interest and responsibility for the conduct of any Class 111

gaming conducted on the Indian lands.

B. Use of Gaming Revenues. The net revenues of any tribal Class II and Class lii

gaming are not to be used for purposes other than:

1. To fund tribal governmental operations or programs;

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

3. To promote tribal economic development;

4. To donate to charitable organizations; or

5. To help fund operations of local government agencies.

C. Prohibition on Per Capita Payments. The net revenues from gaming activities may

be used to make per capita payments to members of the Tribe if done so in accordance with IGRA

Section 2710(b)(3).

D. Annual Audits. Annual outside independent certified audits of Class II and Class III

gaming conducted by the Tribe pursuant to the provisions of a tribal-state compact shall be caused

to be produced and the results of those audits shall be submitted to the Nutio,ial Indian Gaming

Commission NIGC and made available to any federal agencies authorized by federal law to obtain

copies of the results of those audits. Such audits shall be deemed to be confidential and proprietary

information and not subject to disclosure without the express written approval of the commission.

E. Gaming Related Contracts. All gaming related contracts that result in purchases of

supplies, services or concessions for more than twenty-five thousand dollars ($25,000.00) annually,

except contracts for professional, legal or accounting services, shall be included within the scope of

the independent audits conducted under subsection D of this section.

F. Background Investigations and Licensing. The Tribe shall perform background

investigations and issue licenses according to the requirements of Section 6.08.080, which shall be

at least as stringent as those required by federal law, including 25 CFR Parts 556 and 558.

G. License Required. The Ti4heSguaxin Island Ganiin~ Commission (the

shall issue a separate license to each place, facility or location on Squaxin Island

lands where the Tc413e-Commission_elects to allow either Class II or Class III gaming.

H. Environmental, Public Health and Safety Protection. The Tribe shall construct and

maintain the gaming facilities and operate Class 11 and Class Ill gaming in a manner which

adequately protects the environment and the public health and safety.

1. Cooperation with Law Enforcement. Tribal officials may cooperate with law

enforcement officials of the state of Washington, the Bureau of Indian Affairs, the Federal Bureau

of Investigation, and other law enforcement agencies, when it is deemed to be in the best interest of

the Tribe to assure that fair, honest and efficient gaming activities are conducted by the Tribe and,

as to Class Ill gaming, such law enforcement activities and responsibilities shall be consistent and

in accordance with the provisions of a tribal-state compact. (Res. 04-10 (part); Res. 94-78 (part))

6.08.050 Definitions.

In this chapter, unless the context requires otherwise:

A. Definitions Incorporated. The definitions of the IGRA Section 2703 and the

National Indian Gamioc CommissionNlGC issued pursuant to Section 2706(b)(l0) now existing,

25 CFR Part 502, or as may be hereinafter adopted or amended shall apply and are hereby adopted

and incorporated to the extent necessary and not inconsistent with this chapter.

Act means the Indian Gaming Regulatory Act, Pub.L. 100-497, 25 U.S.C. Section 2701 et

seq. and 18 U.S.C. Section 1166 et seq.
Class 11 gaming means Class II gan i-i~-as- efined by the Act.:

( Bingo or otto (whether or not electronic. computer. or other technologic aids are used) wh

players:

( Play for prizes with cards hearing numbers or other designations;

( Cover numbers or designations when object. similarly numbered or designated. arc

drawn or electronically determined and

(

( Win the came by being the first person to cover a designated pattern on such cards:

in the same location as bingo or otto, pull-tab~punch hoards, tip jars. instant bingo,

and other games similar to bingo;

( Nonbaiiking card games that:

( State law explicitly authorizes, or does noi explicitly prohibit. and are played legally

anywhere in the state: and

( Players play in conformity with state laws and regulations concerning hours, periods of

operation. and limitations on wagers and pot sizes;

(games played in the states of Michigan, North Dakota. South L)akota. or Washington if:

( An Indian tribe actually operates the same card games as played on or before May I.

1988. as determined by the Chairman: and

( The pot and wager limits remain the same as on or beibre May 1. 1988. as determined

by the Chariman:

( Individually owned class II gaming operations-

( That were operating on September 1. 1986;

( That meet the requirements of 25 U.S.C. 27l0(h)(4)(B);

( Where the nalure and scope of the game remains as it was on October I 7. 1988; and

( Where the ownership interest or interests are the same as on October 17. 1988

Class Ill gaming means Class III gaming as defined by the Act, or as authorized by

judicial determination, federal regulation or federal pronouncement and as authorized and

conducted by the Tribe in accordance with and pursuant to the provisions of a tribal-state compact

and this chapter7 and includes all forms of gaming that are not class I gaming or class II gaming,

including but not limited to:

( Any house banking game, including but not limited to 

(games such as baccarat. cheinin de fŁr. blackjack (21). and ~ai gow (if played as

house banking games);

( Casino games such as roulette, craps. and keno;

( Any slot machines as defined in 15 U.S.C. 1171(a)(l) and electronic or electromechanical

facsimiles ofanv game of chance;

( Any sports betting and parimutuel wagering including hut not limited to wagering.pn horse

racing, dog racing or jai alai: or

( Lotteries

Commission means and refers to the Squaxin Island Gaming Commission.

Contractor means and refers to any management contractor who operates for the Tribe,

tribal premises used for Class II or Class III gaming, or operates as lessee under a lease with the

Tribe and any lessor of gaming equipment or supplier of gaming services to the Tribe.

Indian lands means:

(a) Land within the limits of the Squaxin Island Reservation; or

(b) Land over which the Squaxin Island Tribe exercises governmental power and that is

either
(1) Held in trust by the United States for the benefit of any Indian tribe or individual; or

(2) Held by an Indian Tribe or individual subject to restriction by the United States

against alienation.

Key employee means and refers to (a) 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

gambling devices including persons with access to cash and accounting records within such

devices; (b) if not otherwise included, any other person whose total cash compensation is in excess

of fifty thousand dollars ($50,000.00) per year; or, (c) if not otherwise included, the four most

highly compensated persons in the gaming operation.

revenues means cross gamine revenLies olan Indian eanline operation less --

( Amounts paid out as, or paid lbr. pn~es: and

( Total gaming-related operatine expenses, excluding manacement fees

Person means a natural person, firm, association, corporation or other legal entity.

Player means any person paying some amount of U.S. currency to the Tribe or the

contractor or the agent, servant or employee of the Tribe or such contractor for admission to, or

participation in, Class II or Class III gaming and who has some reasonable expectation of receiving

a prize as a result of participating, playing or wagering on such Class II or Class III gaming.

Primary management official means (a) the person having management responsibility for

a management contract; (b) any person who has authority to hire and fire employees; or to set up

working policy for the gaming operation; or (c) the chief financial officer or other person who has

financial management responsibilities.

Prizes means and refers to any United States currency, cash or other property or thing of

value awarded to a player of Class II or Class Ill gaming.

Tribal Council means and refers to the Squaxin Island Tribal Council, the governing body

of the Squaxin Island Tribe.

Tribal-state compact means a tribal-state compact entered into, if at all, pursuant to IGRA

Section 2710.

Tribe means and refers to the Squaxin Island Tribe of the Squaxin Island Indian

Reservation located in Mason County, Washington, whose Constitution was approved July 8, 1965

by the United States Secretary of the Interior. (Res. 04-10 (part); Res. 94-78 (part))

6.08.060 General prohibition.

No person may perform, supervise, hold, operate or conduct any Class 11 or Class III

gaming on Squaxin Island lands except such Class II or Class III gaming conducted, operated or

licensed by the ti4beComrnission in accordance with the provisions of this chapter and, as to Class

III gaming, conducted, operated or licensed in accordance with the provisions of the tribal-state

compact. (Res. 94-78 (part))

6.08.070 Individually owned gaming operations.

Individually owned gaining operations are prohibited. (Res. 94-78 (part))

6.08.080 Gaming activities.

A. Gaming Authorization. The tribe is authorized to perform, supervise, hold, license,

operate and conduct Class I, Class II and Class III gaming on Squaxin Island Lands and, as to Class

III gaming, in accordance with the provisions of the tribal-state compact.
B. Tribal-State Compact Authorization. The Tribal Council is authorized to enter into a

tribal-state compact regulating the conduct of Class III gaming activities as required by the Act and

to take any and all actions necessary to negotiate and execute such compact.

C. Management Agreements. The Tribal Council shall have the authority to enter into

management, finance and/or construction agreements to operate, build and maintain, including

engineering, architectural and environmental agreements preliminary thereto, Class II and/or Class

III gaming activities on Squaxin lsk~ft4lndian lands or lease for the rental of gaming equipment

provided that said management agreements or leases are in conformity with the Act and any federal

laws, rules and/or regulations then in effect.

D. Squaxin Gaming Commission. The Squaxin Island Gaming Commission shall

supervise the administration of this section and may adopt, amend and repeai rules and regulations

governing the performance, supervision, holding, licensing, operating and conducting of Class II

and Class III gaming, including but not limited to establishing accounting and audit procedures and

requirements, and procedures for background investigations which shall be in accordance with, and

shall not violate the provisions of this ordinance and, in the case of Class III gaming, the tribal-state

compact; may provide for the rental of the premises and equipment required for the operation of

such Class II and Class III gaming; and promulgate rules and regulations governing its conduct.

E. Conflicts. All management agreements shall provide that elected members of the

tribal government may not be an employee of the contractor or of the Tribes gaming enterprise.

F. Licensing. The licensing authority for Class 11 or Class III gaming is an exclusive

tribal authority unless, in the case of Class III games, otherwise provided under a tribal-state

compact. All contractors, primary management officials, key employees and employees of the

Tribes gaming enterprise and each place, facility and locale engaging in Class II or Class III

I gaming, shall be licensed by the r4be-Coniniission_and, in the case of Class UI gaming, meet the

licensing requirements of the tribal-state compact. Any person whose prior activities, criminal

record, if any, or reputation, or associations pose a threat to the public interest or to the effective

regulation of the Tribes gaming activities or create or enhance the dangers of unsuitable, unfair or

illegal practices and methods and activities in the conduct of such gaming activities shall not be

I eligible to be licensed by the TrThe-Cornmission as a contractor, primary management official, key

employee or employee of the Tribes gaming enterprise.

I. The T,4be-Conmiission shall make a finding determining the eligibility of each

primary management official and each key employee for employment in the gaming operation

consistent with the applicable requirements of subsections (H)(I) and (2) of this section and federal

law, including requirements at least as stringent as 25 CFR Parts 556 and 558.

2. All contractors, primary management officials, key employees and employees of the

Tribes gaming enterprise shall be of good moral character and shall not have been convicted of any

felony or misdemeanor involving moral turpitude or gaming offense in any court of competent

jurisdiction.

3. The Ti4beCorniriission shall retain applications for employment and reports (if any)

of background investigations of employees of a gaming operation other than primary management

officials and key employees for inspection by the chairperson or his or her designee for the greater

of three years or the term ofemployrnent. The Commission shall retain applications for primary

management officials and key employees and background investigation reports for inspection by

the NIGC for at least three years from the date of termination of employment

4. The Tr4beCommission shall forward applications and reports to the National IRd4~+~

Ga~iH-e~mnis&iłt~NjGC as required by federal law. Before issuing a license, the Commission
shall forward to the NIGC an investigative report and eligibility determination. The report shall

include all of the following: steps taken in conducting a background investigation; results obtained:

conclusions reached: and the bases for those conclusions.

5. If the Commission does riot license an applicant, it shall notil\ the NIGC

G. License Suspension. If, after the issuance of a gaming license, the Natienal-I+~di-a~

Gamin~ Commi~,ionNlGC receives reliable information indicating that an employee is not eligible

for employment and so informs the TcibeCommission, the Tr-ib~Conirnission shall suspend such

license and notify the licensee in writing of the suspension and the proposed revocation. The

T~4beComniission shall notify the licensee of a time and a place for a hearing on the proposed

revocation. After a revocation hearing, the T~4~eConiniission shall decide to revoke or to reinstate a

gaming license. The Tc4beComniission shall notify the N ion *I-Indian-G i~igCoim+~issienN IGC

of its decision. The Commission Director may suspend an ernplovcc~s earning license without

review and approval of the Commission when the suspension relates only to a licensine procedural

issue (i.e. renewal not timely completed. Key employee forms not turned in. other tardy replies

regarding documentation)

H. Background Investigations. Background investigations shall be conducted, as

required below, of primary management official and employees of the Tribes gaming enterprise.

The Squaxin Island Gaming Commission, established pursuant to Section 6.08.090, shall conduct

all licensing duties imposed upon the Tribe pursuant to the provisions of this chapter and, in the

case of Class III gaming, the tribal-state compact. In pursuance of such responsibilities, the

I comiiii~ionConimission may retain qualified personnel to conduct the required background

investigations consistent with this chapter and the terms of the tribal-state compact.

I. Background Investigations for Class II Gaming. The Tr-ibeCornmission shall

conduct or cause to be conducted a background investigation for each primary management official

and for each key employee of a Class II gaming operation. The :F~ibeCon~inissioti shall request and

the primary management official and the key employee shall provide any and all information that

the Triheit deems relevant, including all that information required by federal law, including 25 CFR

556.4. The conimissionComniission shall request from each primary management official and from

each key employee all of the following information:

a. Full name, other names used (oral or written), social security number(s), birth date,

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

b. Currently and for the previous five years, business and employment positions held,

ownership interests in those businesses, business and residence addresses, and drivers license

numbers;

c. The names and current addresses of at least three personal references, including one

personal reference who was acquainted with the applicant during each period of residence listed

under subsection (H)(l)(b) of this section;

d. Current business and residence telephone numbers;

e. A description of any existing and previous business relationships with Indian tribes,

including ownership interests in those businesses;

f. A description of any existing and previous business relationships with the gaming

industry generally, including ownership interests in those businesses;

g. The name and address of any licensing or regulatory agency with which the person

has filed an application for a license or permit related to gaming, whether or not such license or

permit was granted;
h. For each felony for which there is an ongoing prosecution or a conviction, the

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

i. For each misdemeanor conviction or ongoing misdemeanor prosecution (excluding

minor traffic violations) within ten (10) years of the date of the application, the name and address

of the court involved and the date and disposition;

j. For each criminal charge (excluding minor traffic charges) whether or not there is a

conviction, if such criminal charge is within ten (10) years of the date of the application and is not

otherwise listed pursuant to subsection (H)(1)(h) or (i) of this section, the criminal charge, the name

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

k. The name and address of any licensing or regulatory agency with which the person

has filed an application for an occupational license or permit, whether or not such license or permit

was granted;

I. A photograph;

m. Any other information the 4~4beCommission deems relevant; and

n. Fingerprints consistent with the procedures adopted by the P4beCommission

according to 25 CFR Section 522.2(h).

The Comniissior I~44~e shall conduct an investigation sufficient to make a determination

whether the employment of a person under investigation poses a threat to the public interest or to

the effective regulation of gaming, or creates or enhances the dangers of unsuitable, unfair, or

I illegal practices and method and activities in the conduct of gaming. If the coniini~sionCommission

determines that employment of the person poses a threat to the public interest or to the effective

regulation of gaming or practices and methods and activities in the conduct of gaming, a tribal

gaming operation shall not employ that person as a primary management official, key employee or

employee.

In conducting a background investigation, the -ThbeCommission orand its agents shall

promise to and shall keep confidential the identity of each person interviewed in the course of the

investigation.

Before issuing a license to a primary management official or a key employee under this

section the Tr~beCornmissiori shall forward to the coirnnis~ion or to the Bureau of Indian

Acfa~Jj~C an investigative report on each background investigation including all that

information required by federal law including the steps taken in conducting a background

investigation; the results obtained; the conclusions reached; the basis for those conclusions and its

I finding of eligibility required under subsection (H)(1) of this section. The emrn~iertCommission

shall submit, with the report, a copy of the eligibility determination made under subsection (H)(1)

of this section.

The T~4beCornniission shall place any privacy notice required by federal law on the

application form for primary management officials and key employees before that form is filled

out, includin~z the privacy notice required pursuant to 25 CFR 556.2 (25 U.S.C. 2701 et seq.).

Persons employed as key employees and primary management officials prior to the enactment of

the ordinance codified in this chapter shall be notified in writing that they shall either complete a

new application form that contains a Privacy Act notice or sign a statement that contains the

Privacy Act notice and consent to the routine uses described in that notice.

The TribeCommission shall place any notice regarding false statements required by federal

law on the application form for primary management officials and key employees. including the

false statements notice required pursuant to 25 CFR 556.3 (18 U.S.C. 1001). The

eein~i~ssi~nCommission shall notify in writing persons employed as key employees and primary
management officials prior to the enactment of the ordinance codified in this chapter that they shall

either complete a new application form that contains a notice regarding false statements or sign a

statement that contains the notice regarding false statements.

The ee,~i+n4&sionCornmission shall promulgate and adopt regulations consistent with the

description of procedures for background investigations of key employees and primary

management officials dated May 18, 1993, adopted by the ~4-4+an~iin~

Commi~sionN IGC

2. Background Investigations for Class III Gaming. The Ti4beCornmission shall

conduct or cause to be conducted a background investigation for each primary management

official, key employee, and employee of a Class 111 gaming operation using procedures as stringent

as those required by subsection (H)(1) of this section. The -Tc-ibeCommission shall further conduct

or cause to be conducted those background investigations required by the tribal-state compact.jj~

background investigation shalt include a check of records maintained by the FBI

Before the ~4beCotnmission or other licensing authority (the state, if at all) licenses a

primary management official or a key employee the Ti4beComniission shall forward to the

eomniis~ionNlGC the information required under subsection (H)(1) of this section.

The Tt4beCommission shall place any privacy notice required by federal law on the

application form for primary management officials and key employees before that form is filled

out, includine the privacy notice required pursuant to 25 CFR 556.2 (25 U.S.C. 2701 et seq.).

Persons employed as key employees and primary management officials prior to the enactment of

the ordinance codified in this chapter shall be notified in writing that they shall either complete a

new application form that contains a Privacy Act notice or sign a statement that contains the

Privacy Act notice and consent to the routine uses described in that notice.

The Tribe Commission shall place any notice regarding false statements required by federal

law on the application form for primary management officials and key employees, including the

false statements notice required pursuant to 25 CFR 556.3 (18 U.S.C. 1001). The

commif;sionCommission shall notify in writing persons employed as key employees and primary

management officials prior to the enactment of the ordinance codified in this chapter that they shall

either complete a new application form that contains a notice regarding false statements or sign a

statement that contains the notice regarding false statements.

The cornrnis~ionCommission shall promulgate and adopt regulations consistent with the

description of Procedures for Background Investigations of Key Employees and Primary

Management Officials dated May 18, 1993, adopted by the Nat m~Ii~dieti-Gaming

Corntni~ionN IGC.

3. Background Investigation Procedures. The Tribe, through the

commissionCommission, in conjunction with the Washington State Gambling Commission, is

responsible for the conduct of the background investigations and suitability determinations.

Although Washington State Gambling Commissions participation only involves Class III gaming

under the tribal-state compact, the procedures outlined herein shall be followed with respect to all

employees, whether Class 11 or Class 111.

The commi~ionCommission shall also be responsible for (i) reviewing and approving the

investigative work done; (ii) reporting the results of the background investigations to the National

4~l~an Ganiing Comniis~e~iNlGC and (iii) making the suitability determinations.

The tribal or local (County police will obtain fingerprints. The Natiefial Indian

Gamin; Comnti~.sionJ4,i~C will process the fingerprints. The Washington State Gambling
Commission will process fingerprints only if and when they are authorized to do so under P.L. 92-

544.

The minimum investigative procedures to be performed in connection with the background

investigations of key employees and primary management officials shall include the following:

a. Verification by written or oral communication of information submitted by the

applicants;

b. Inquiry into the applicants prior activities, criminal record, if any, and reputation,

habits and associations;

c. Interviews of a sufficient number of knowledgeable people such as former

employers, personal references, and others to whom reference is made in order to provide a basis

for the eom~s~ionComrnission to make a finding concerning the eligibility for employment in the

gaming operation of the applicant; and

d. Documentation of the di~po:;itioii of all potential problem areas wi4-l-be-noted and

disqualifying information will he obtained

An investigative report will ultimately be prepared setting forth the following:

a. The steps taken in conducting the background investigation;

b. The results obtained;

c. The conclusions reached; and

d. The basis for these conclusions.

4. Granting a Gaming License. If, within a thirty (30) day period after the National

Indian Gaming Commis~ionNlGC notifies the T~i-beComrnission that it has no objection to the

issuance ofa license pursuant to the license application filed by a key employee or a primary

management official for whom the commissionCommission has provided an application and

investigative report to the National Indian Gaming ComrnissionNlGC the triba4

eeffin~s~i~Commission may issue a license to such applicant.

The eemmi~ienConiniission shall respond to a request for additional information from the

chairperson of the N i~aI-4+i4ian Gaming-C3 n+i.:e~NiGC concerning a key employee or a

primary management official who is the subject of a report.

If, within the thirty (30) day period described above, the Nationa4-4odiaii Gaming

Commission~jiQC provides the comrni~sionComniission with a statement itemizing objections to

the issuance of a license to a key employee or to a primary management official for whom the

eemfmssie~iCommission has provided an application and investigative report to the Nati~lli+dian

Gii~g-ConimissinNlGC, the eeni~ss~enCommission shall reconsider the application, taking

into account the objections itemized by the National Indian Gaining Comm NIGC The

commissionCommission shall make the final decision whether to issue a license to such applicant.

1. The T~4beCommission shall maintain a permanent record containing the name and

address of each player who receives a prize, if required by, and in accordance with the requirements

of the Internal Revenue Code, any enactments of Congress or the tribal-state compact.

J. The ~shall maintain adequate written records of Class II and Class

III gaming in the Tribes facilities for a period of at least four years. The records shall include:

1. Gross receipts;

2. All payouts for prizes, whether in cash or merchandise;

3. Any and all operating expenses;

4. Net profits. (Res. 94-78 (part))

6.08.090 The Squaxin Island Gaming Commission.
A Squaxin Island Gaming Commission shall be established as follows:

A. Membership. The eetnmi~si-o~jCoinmission shall consist of five members of the

General Council of the Squaxin Island Tribe. One member shall be a member of the Squaxin Island

Tribal Council. Appointments shall be made by the Squaxin Island Tribal Council. Initial

appointments shall be made in staggered terms: one member for a one-year term; two members

shall be appointed for two-year terms; and two members shall be appointed for three-year terms.

Thereafter, members will be appointed for three-year terms. Ifa conimis~io~-Commission_is not

appointed the Squaxin Island Tribal Council will be appointed and serve as the

I comn,issionCornniission. Members may not have a direct or indirect financial interest in the Class

II or Class III gaming activities.

B. Meetings. The eommi~sienComrnission shall meet monthly or at the request of the

chairperson, the Council or three members of the ~m4sskniCommission. A quorum shall be three

members. Voting shall be by majority unless only three members are present in which case a

unanimous vote is required. Notice of the meetings is to be given to the conmii~sionCornmission

members and to the Tribe five days prior to the meeting except in the case of an emergency

meeting. An agenda shall be established, minutes shall be recorded, maintained and filed.

C. Compensation. The members of the commissionCommission may be compensated

in an amount and pursuant to a schedule adopted by the Tribal Council. Compensation and

expenses shall be paid from taxes or profits paid to the Tribe from the Class II and Class III gaming

activities.

D. Staff. The commissionCommission is authorized to hire or contract for staff.

E. Powers and Duties.

I. The commissionCoinrnission shall supervise the administration of this section and

may adopt, amend and repeal rules and regulations governing the holding, operating and

conducting of Class II and Class III gaming, including establishing accounting and audit procedures

and requirements, background investigations, licensing and enforcement, and dispute resolution

which shall be in accordance with, and shall not violate the provisions of this chapter and, in the

case of Class III gaming, the tribal-state compact.

2. The commissionCommission may provide for the rental of the premises and

equipment required for the operation of such Class II and Class Ill gaming.

3. The comrnissieRComn,ission shall provide that gaming activities shall be held,

operated and conducted in conformity with the provisions of this chapter and, in the case of Class

III gaming, the tribal-state compact.

F. Purpose and Responsibility. The commissionComniission shall be guided by this

chapter and in the case of Class III gaming, the tribal-state compact and shall cause the

development of and approve and supervise the implementation of policies for the operation of the

business, personnel policies and procedures, training and operations procedures, all budgets, the

record keeping and accounting methods, selection of federally insured financial institutions for

business accounts, a cash management system and shall rate the performance of any management

company with whom the Tribe has an approved contract and will submit any recommendations for

enlargement or additional construction of the Class II or Class III gaming facilities to the Council.

The members of the c-ommissionCommission shall not interfere with or become involved in the

day-to day operations of the business.

G. Reporting. The commissionCommission shall cause a report, approved by the

commissionCommission, to be submitted each month by the fifteenth of the following month to the

council to include information on each of the ee+i~s~e*iComrnissions responsibilities. The
montHy report shall include a financial statement for the month just ended and a cumulative

statement for the then current fiscal year with comparisons to relevant budgets. The

I conunksie+~Cominissioti shall report to the Council twice annually on the performance of any

approved management company with whom the Tribe has an approved contract. (Res. 94-78 (part))

6.08.100 Operations.

A. The Tribes Class Ii gaming may be conducted each and every day of the week and

at such hours of the day or night as determined in the exercise of the Tribes sole discretion, and

there shall be no limit as to prize money for any single gaming activity, bingo game or session

except as determined in the exerciseof the Tribes sole discretion. The Tribes Class 111 gaming may

be conducted each and every day of the week and at such hours of the day or night as determined in

the exercise of the Tribes sole discretion, and there shall be no limit as to prize money for any

single gaming activity, bingo game or session except as determined in the exercise of the Tribes

sole discretion and as limited, ifat all, by agreement in a tribal-state compact.

B. All persons involved in the conduct of Class 11 and Class Iii gaming must be a bona

fide employee of the Tribe or contractor.

C. No person under the age of eighteen (18) shall participate in any Class ii or Class 111

gaming. If liquor is served at any gaming facility, no person under the age of twenty-one (21) shall

participate in any Class II or Class lB gaming.

D. No person who holds, operates, conducts or assists in holding, operating or

conducting Class II or Class III gaming may play at the game at which such person is holding,

operating, conducting or assisting. (Res. 94-78 (part))

I 6.08.110 Name tngsldentification Badges

All persons operating or assisting the operation or conduct of any Class 11 or Class III

gaming shall wear their identification Badge, issued by the Tribal Gaming Acency. The Badges

shall be a legible tags evidencing theif the persons names and photo and the legend of the Tribe.

ç~~ldentification Badges must be visible and worn or otherwise affixed to all persons operating or

assisting in the operation of any Class II or Class III gaming~J~~açcordance with applicable Internal

Controls (Res. 94-78 (part))

6.08.120 ViolationsJurisdiction.

A. It is unlawful for any person to:

1. Alter or misrepresent the outcome or other event on which wagers have been made

after the outcome is made sure but before it is revealed to the players.

2. Place, increase or decrease a bet or to determine the course of play after acquiring

knowledge, not available to all players of the outcome of the game or any event that affects the

outcome of the game or which is the subject of the bet or to aid anyone in acquiring such

knowledge for the purpose of placing, increasing or decreasing a bet or determining the course of

play contingent upon that event or outcome.

3. Claim, collect or take or attempt to claim, collect or take, money or anything of

value in or from a gambling game, with intent to defraud, without having made a wager thereon, or

to claim, collect or take an amount greater than the amount won.

4. Knowingly to entice or induce another to go to any place where a gambling game is

being conducted or operated in violation of the provisions of the tribal-state compact or this chapter

with the intent that the other person play or participate in that gambling game.
5. Place or increase a bet after acquiring knowledge of the outcome of the game or

other event which is the subject of the bet, including past-posting and pressing bets.

6. Reduce the amount wagered or cancel the bet after acquiring knowledge of the

outcome of the game or other event which is the subject of the bet, including pinching bets.

7. Manipulate with the intent to cheat, as defined below, any component of a slot

machine or gaming device in a manner contrary to the design and normal operational purpose for

the component, including, but not limited to, varying the pull of the handle of a slot machine or

gaming device, with knowledge that the manipulation affects the outcome of the game or with

knowledge of any event that affects the outcome of the game.

8. Knowingly to use other than coins or tokens approved by the Tribe, or other lawful

coin, legal tender of the United States of America, or to use coin not of the same denomination as

the coin intended to be used in the gambling game.

9. Use any device or means to cheat as defined below, or to possess any such device

while at the Tribes gaming facility.

10. Any person having a direct or indirect financial interest in a management contract, a

person having management responsibility for a management contract, or their agents to

significantly and unduly influence the adoption of an ordinance or resolution regarding Class II or

Class HI gaming.

11. Give or provide, or offer to give or provide, directly or indirectly to any Tribal

Council or cOmmiSSiOHCOrnmissiofl member, primary management official, key employee,

employee, contractor, or any person with an indirect or direct interest in the operation of Class II or

Class III gaming any commission or reward, or share of the money or property paid or received

through gambling activities, in consideration for obtaining any license, authorization, permission or

privilege to participate in any gaming operations except as authorized by this chapter or the rules

and regulations adopted pursuant to this chapter.

B. For purposes of this section, cheat means to alter the selection of criteria which

determined the result of a Class II or Class III gaming activity, or the amount or frequency of

payment in such gaming activities.

C. Any person who wilfully or knowingly violates any provision of this chapter, or any

rule or regulation authorized thereunder, shall be guilty of a criminal offense punishable by a fine

not to exceed five hundred dollars ($500.00) for each violation, or for each day the violation

continues, or by imprisonment for not more than six months, or both.

D. Any person who wilfully and knowingly violates any provision of this chapter, or

any rule or regulation authorized thereunder, may have the equipment, material and supplies used

in conducting the unlawful activity seized and forfeited.

E. The Tribal Courts shall have exclusive civil and criminal jurisdiction with respect to

Class II gaming. The Tribe may, with respect to Class Ill gaming, enter into a tribal-state compact

allocating criminal jurisdiction and establishing enforcement protocols. Nothing, however, in this

chapter shall be construed to authorize or require the criminal trial and punishment by the Tribe of

non-Indians except to the extent allowed or required by any applicable present or future act of

Congress or any applicable federal court decision.

F. The Tribe shall retain the right to revoke any license of any contractor who engages

in conduct other than as authorized by this chapter, the tribal-state compact or the contractors

agreement with the Tribe, which involves moral turpitude, dishonesty or any act which is

punishable as a felony or misdemeanor involving moral turpitude under state or federal laws, or

which involves a violation of tribal law. (Res. 94-78 (part))
6.08.130 Net revenue tax.

There shall be a tribal tax ofthat percentage of the net Class LI and Class LII gaming revenue

equivalent to one and one-half percent (1.5%) of gross revenues within the jurisdiction of the Tribe.

The tribal tax shall be assessed and paid monthly into the Squaxin Island general fund. Net

revenues means gross gaming revenues less amounts paid out as, or paid for, prizes; and total

gaming-related operating expenses, excluding management fees. The Council may reduce or waive

such tax as necessary to promote economic development on the reservation. (Res. 94-78 (part);

Res. 01-88)

6.08.140 Internal Revenue Service.

Provisions of the Internal Revenue Code of 1986, as amended, concerning the taxation and

the reporting of withholding of taxes with respect to prizes or winnings from gaming or wagering

pursuant to the operation of Class II or Class III gaming operated on the Indian lands shall apply to

the Tribes gaming enterprise. (Res. 04-10 (part); Res. 94-78 (part))

6.08.150 Designation of an agent for service of process.

Consistent with 25 CFR 522.2(g) and 519.1, the Tribe shall designate an agent for service of

any official determination, order, or notice of violation by written notification to the commission.

(Res. 94-78 (part))

6.08.160 Severability clause.

The provisions of this chapter shall be severed and if any phrase, clause, sentence or

provision of this chapter is found to be contrary to the Tribes Constitution, or declared to be in

violation of applicable federal law or is held to be invalid, the validity of the remainder of this

chapter shall not be affected and shall remain in full force and effect. (Res. 94-78 (part))

6.08.170 Enactment of tribal-state compact.

The provisions of this chapter relating to the operation of Class III gaming shall become

effective upon the effective date of the tribal-state compact. The Tribe enacts and incorporates

herein by reference all of the provisions of the tribal-state compact as fully set forth in this chapter.

(Res. 94-78 (part))

6.08.180 Dispute resolution procedures.

A. Appointment of Inspectors. The coinmi~sionCornmission shall be present in the

gaming enterprises and operation during all hours of operation through a commksionCommissioii

inspector, and shall have immediate access to all areas of the gaming premises and operation for the

purpose of ensuring compliance with the provisions of this chapter and the tribal-state compact, as

well as an other applicable laws, ordinances or regulations. Any violation of this chapter, the

compact, other applicable law, ordinance or regulation by the Tribe, the management contractor, a

gaming employee, or any other person, shall be reported immediately to the

I commis~ionComrnission

B. Customer Dispute Resolution Procedures. Disputes between the gaming public and

the management contractor or the Tribe shall be resolved fairly, justly, equitably, and expediently.

The manager shall adopt customer dispute resolution procedures which shall implement the above
described intent and which shall be submitted in advance for adoption for approval by the

I comrnis~ionCommission. The customer dispute resolution procedures shall, at a minimum, provide:

I. Whenever the manager refuses payment of alleged earnings to a customer, and the

manager and the customer are unable to resolve the dispute to the satisfaction of the customer and

the dispute involves:

a. At least five hundred dollars ($500.00), the manager shall immediately notify the

I commi~i&)RCol1m1ission; or

b. Less than live hundred dollars ($500.00), the manager shall inform the customer of

his right to request that the comrniss~eHComn1ission conduct an investigation.

2. The commis&ie~Cornniission, through an inspector, shall conduct whatever

investigation it deems necessary and shall determine whether payment should be made. The

I ~~w~issieiiComrnission inspector shall mail written notice by certified mail, return receipt

requested, to the manager and the customer of its decision resolving the dispute within thirty (30)

I days after the date that the commi~sionCommission first receives notification under subsection

(B)(l)(a) of this section or a request to conduct an investigation from either the customer or the

I manager under subsection (B)(I)(b) of this section. The decision of the c-ominissionCommission

inspector is effective on the date it is received by the aggrieved party as reflected on the return

receipt.

3. Within thirty (30) days after the date of receipt of the written decision of the

commissioriCommission inspector, the aggrieved party may file a petition with the

conimissionConimission requesting review of the decision. The commissionCoinmission may set a

hearing on the matter, or may make a decision based solely on the conimissionCommissiori

inspectors decision and other documentation provided by the customer and the manager. The

I commissionCommission shall then issue a written decision and mail it to the parties by registered

mail or certified mail, return receipt requested.

4. The liability of the manager in any dispute under this section shall be limited to the

amount of the alleged winnings and a customer shall not be entitled to an award of special or

punitive damages, or damages for mental distress.

5. The decision of the conimissipnCommissioii shall not be subject to judicial review.

(Res. 94-78 (part))