CHAPTER 11

 CHAPTER 11 - KALISPEL TRIBE GAMING ORDINANCE

SECTION 11-1: PURPOSE OF THIS ORDINANCE

11-1.01 PURPOSE 

The purposes of this Ordinance are:

(1) To provide a new and continuous source of revenue to the Tribe for the Tribe’s governmental needs; 

(2) To insure the proper regulation and operation or authorize amusement games and gambling;

(3) To allow Tribal members and guests to participate in certain forms of amusement games and 

gambling;

(4) To provide for the social welfare and protection of Tribal members and all others who reside within or 

who may pass through the reservation; 

(5) To preempt State law including the licensing, taxing, revenue distributions and enforcement parts of 

Washington State RCW 9.46 as that law may apply to those activities specifically covered by this 

Ordinance, and to implement in the place of State law, Tribal regulation and control of the activities 

covered herein. 

SECTION 11-2: PUBLIC POLICY 

11-2.01 PUBLIC POLICY 

Public policy of the Kalispel Tribe concerning gaming:

(1) The Kalispel Business Committee hereby finds, and declares to be the public policy of the Kalispel 

Tribe that:

(A) The gaming industry is vitally important to the economy of the Tribe and general welfare of the 

Tribal members.

(B) The growth and success of gaming is dependent upon public confidence and trust that licensed 

gaming is conducted honestly and competitively, and that gaming is free from criminal and 

corruptive elements.

(C) Public confidence and trust can only be maintained by strict regulation of all persons, locations, 

practices, activities related to the operation of licensed gaming establishments.

(D) All establishments where gaming is conducted and where gambling devices are operated must 

therefore be licensed, controlled and assisted to protect the public health, safety, morals, good order

and general welfare of the Tribal members, to foster the stability and success of gaming.

(2) No applicant for a license has any right to a license or the granting of the approval sought. Any 

license issued pursuant to the provisions of this Ordinance is a revocable privilege, and no holder 

acquires any vested right therein or thereunder. 

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SECTION 11-3: 

DEFINITIONS

11-3.01 DEFINITIONS 

As used in this Ordinance, the following words or phrases shall each have the designated meaning unless a 

different meaning is expressly provided, or the context is clearly indicated: 

(1) "Adjusted gross receipts" shall be computed according to the following formula: Gross receipts 

minus total moneys expended for prizes and operators’ salaries.

(2) "Bingo equipment' includes all equipment which is actually used, or made or sold for the purpose of 

use, in bingo games for which consideration is charged persons to play in connection with which prizes 

are awarded. Unless otherwise specified, the term shall include, but not be limited to, machines or other

devices from which balls or other items are withdrawn to determine the letters and numbers or other 

symbols to be called, those balls or items themselves, bingo cards, and any other device commonly 

used in the direct operation of the game.

Bingo game sets commonly manufactured and sold as children's games for retail price of twenty-five

(25) dollars or less shall be presumed not to be bingo equipment for purposes of this Ordinance unless 

the set, or portion thereof is actually used in a bingo game defined in subsection (5) below. 

(3) "Board" means the Kalispel Tribal Gaming Board, including its designated agents.

(4) "Class I Gaming" means social games played solely for prizes of minimal value or traditional forms of 

Indian gaming engaged in by individuals as a part of or in connection with, tribal ceremonies or 

celebration. 

(5) "Class II Gaming" means:

(A) the game of chance commonly known as bingo (whether or not electronic, computer, or other 

technological aids are used): 

(i) which is played for prizes, including monetary prizes, with cards bearing numbers or other 

designations; 

(ii) in which the holder of the card covers such numbers or designations when objects, similarly 

numbered or designated, are drawn or electronically determined; and 

(iii) in which the game is won by the first person covering a previously designated arrangement of 

numbers or designations on such cards, including (if played in the same location) pull tabs, lotto,

punch boards, tip jars, instant bingo, and other games similar to bingo; and 

(B) card games that are:

(i) explicitly authorized by laws of the State of Washington;or

(ii) are not explicitly prohibited by the laws of the Kalispel Tribe of Indians and the State of 

Washington and are played at any location in the State of Washington, but only if such card

games are played in conformity with those laws and regulations (if any) of the State of 

Washington regarding hours or periods of operation of such card games or limitations on 

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wagers or pot sizes in such card games. 

(C) The term "class II gaming" does not include:

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

(ii) electronic or electro mechanical facsimiles of any game of chance or slot machines of any 

kind. 

(D) Notwithstanding any other provisions of this section, the term "class II gaming" includes those card 

games played in the State of Washington, that were actually operated in the State by an Indian Tribe 

on or before May 1, 1988, but only to the extent of the nature and scope of the card games that were

actually operated by an Indian tribe in the State on or before such date.

(6) "Class III Gaming" means all forms of gaming that are not Class I gaming or Class II gaming. Class III 

gaming includes, but is not limited to, 

(A) Any house banking game, including but not limited to

(i) Card games such as baccarat, chemin de fer, blackjack (21), and pai gow (if played as house 

banking games);

(ii) Casino games such as roulette, craps, and keno; 

(B) Any slot machines as defined in 15 U.S.C. Sec. 1171(a)(1) and electronic or electro mechanical 

facsimile of any game of chance. 

(C) Any sports betting and parimutual wagering including but not limited to wagering on horse 

racing, dog racing or jai alai; or 

(D) Lotteries.

(7) "Council" means the Kalispel Business Committee of the Kalispel Indian Reservation. 

(8) "Game" and "gambling game" mean any banking or percentage game played with cards or any device, 

for money, property, credit or any representative of value, including bingo, pan, poker, Texas hold-em,

twenty-one, and all other forms of gaming as defined in 25 U.S.C. Section 2703 (7) and (8) but shall not 

include social games in private homes or residences, not open to the general public, and not otherwise 

subject to regulation under the provisions of this Ordinance. 

(9) "Gambling": A person engages in gambling if he stakes or risks something of value upon the outcome of 

a contest of chance or a future contingent event not under his control or influence, upon an agreement or 

understanding that he or someone else will receive something of value in the event of a certain outcome, 

but shall not include bona fide business transactions valid under the law of contracts, nor include 

traditional Indian games played by Tribal members and their guests.

(10) "Gross receipts" means the total of all sums received as revenue from the operation of an authorized 

gambling activity during a given period of time, without allowances, or deduction for pay out of 

winnings, costs of the transaction, cost of materials or equipment used, labor expense, salaries or any 

other compensation for services rendered, interest, discount, rent, taxes, or any other allocated or 

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allocable expense or loss during the same period of time.

(11) "Immediate family" means and is limited to, the subject individual’s spouse, children, and parents---- 

adopted or biological. 

(12) "Indian Land" means:

(A) Any lands located within the exterior boundaries of the Kalispel Indian Reservation; and 

(B) Any lands title to which is either held in trust by the United States for the benefit of the Kalispel 

Tribe of Indians, or held by the Kalispel Tribe of Indians subject to restriction by the United States 

against alienation and over which the Kalispel Tribe of Indians exercises governmental power; and 

(C) Any lands title which is either held in trust by the United States for the benefit of the individual 

Indian or held by an individual Indian subject to restriction by the United States against 

alienation and over which the Kalispel Tribe of Indians exercises governmental power.

(13) "Key Employee" means all employees who have authority over receipt or distribution of revenues 

from the gaming activity, and shall include but not be limited to bingo callers, counting room 

supervisor, cashiers, dealers, pit bosses, floor managers, chief of security, supervisors, custodian of 

gaming supplies or cash, croupier, approver of credit, or custodian of gambling devices including 

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. If not otherwise 

included, the four most highly compensated persons in the gaming operation. 

(14) "Lottery" means a scheme, plan or device for the distribution of money or property by an element of 

chance which, for the opportunity to possibly share in such distribution, persons have paid or agreed to 

pay a valuable consideration. "Valuable consideration" as an element of a lottery shall not include:

(A) Listening to or watching a television or radio program or subscribing to a cable television 

service;

(B) Filling out and returning a coupon or entry blank or facsimile which is received through the mail or 

published in a newspaper or magazine, or in a program sold in conjunction with and at a regularly 

scheduled sporting event, or the purchase of such a newspaper, magazine or program; 

(C) Sending a coupon or entry blank by mail to a designated address in connection with a promotion 

conducted in the State of Washington;

(D) Visitation to any business establishment to obtain a coupon or entry blank; 

(E) Mere registration without the purchase of any goods or services;

(F) Expenditure of time, thought, attention or energy in pursuing promotional material;

(G) Placing or answering a telephone call in a prescribed manner or otherwise making a prescribed 

response or answer; or 

(H) Furnishing the container of any product as packaged by the manufacturer, or a particular portion 

thereof but only if furnishing a plain piece of paper or card with the name of the manufacturer or 

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product handwritten on it is acceptable in lieu thereof.

(15) "Management Contract" means any contract, subcontract, or collateral agreement between the Kalispel 

Tribe and a contractor or between a contractor or subcontractor, if such contract or agreement provides 

for management of all or part of a gaming operation, excluding those parts of the operation that are not 

related to specific gaming activities. "Management" specifically in the context of this definition means

policy decision-making authority regarding the gaming activity.

(16) "Net Revenue" means gross gaming revenue of an Indian gaming operation less amounts paid out as, or 

paid for, prizes and less total gaming-related operating expenses, excluding management fees.

(17) "Patron" means any person or group of persons who participate as players in games as defined by this 

Ordinance, or who are physically present on premises wherein or whereon such games are being 

played, but shall not include current employees of the gaming establishment who are actually 

providing services at the time of such games are being played. 

(18) "Person" means any association, partnership, corporation, firm, co-operative or other forms of 

business entity, as well as a natural person. 

(19) "Premises" means land together with all buildings, improvements, fixtures, and personal property 

located thereon. 

(20) "Primary Management Official" means the person having management responsibility for a 

management contract, any person who has authority to hire and fire employees, to supervise 

employees or to establish operational policy for the gaming operation, the chief financial officer or 

other person who has financial management responsibility. 

(21) "Pulltab" means a single folder or banded ticket or card, the face of which is initially covered or 

otherwise hidden from view to conceal a number, symbol or set of symbols, a few of which numbers or 

symbols out of every set of pulltabs have been designated in advance and at random as prize winners, 

when for the opportunity to obtain each such folded or bonded ticket or card, view the numbers or 

symbols thereon and possibly obtain a prize-winning pulltab a person pays some consideration to an 

operator.

(22) "Punch board" means a board or similar item containing a number of holes or receptacles of uniform 

size in which are placed mechanically and at random serially numbered slips of paper or other 

substance which may be punched or drawn from said hole or receptacle by any person desiring to do 

so, when, for the opportunity to obtain symbols thereon and possibly obtain a prize-winning slip of 

paper, a person pays some consideration to an operator.

(23) "Raffle" means a game in which tickets bearing and individual number are sold and in which a prize or 

prizes are awarded on the basis of a drawing from said tickets by the person or persons conducting the 

game.

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(25) "Services" means labor provided by one person to or for another, where such labor is provided in 

pursuit of the purposes of gambling on the Kalispel Reservation. 

(26) "Tribe" and "Tribal" refer to the Kalispel Indian Tribe of the Kalispel Reservation. 

(27) "Tribal-State Compact" means a written document, either negotiated and agreed to by the Kalispel 

Tribe and an official or agency of the State of Washington, or prescribed by the Secretary pursuant to 

25 U.S.C. Sec. 2710(7)(B), governing the conduct of Class Ill gaming activities on Indian lands. 

SECTION 11-4: AUTHORIZED ACTIVITIES 

11-4.01 AUTHORIZED ACTIVITIES 

The Kalispel Tribe may operate or authorize Class II and Class Ill gaming activities, including bingo, 

lotteries, raffles, punch boards, and all other forms of gaming as defined in 25 U.S.C. Section 2703 (7) and 

(8), and pulltabs consistent with the provisions of this ordinance. 

If the Indian Gaming Regulatory Act is unconstitutional, the Board may license and regulate Class Ill 

gaming activities without regard to the IGRA and without regard to the laws of the State of Washington. In 

such situation, agents of the Washington State Gambling Commission are prohibited from entry onto Indian 

lands subject to the jurisdiction of the Kalispel Tribe of Indians. 

11-4.02 LICENSE REQUIRED 

It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or 

in conjunction with others to knowingly license any gambling game within the exterior boundaries of the 

Kalispel Reservation unless licensed by the Board. The Board shall issue a separate license to each place, 

facility, or location on Indian lands where the Tribe elects to allow gaming.

Each gaming facility shall be constructed, maintained, and operated in a manner that adequately protects 

the environment and the health and safety of the public. 

11-4.03 TRADITIONAL INDIAN GAMES

Traditional Indian games played by Tribal members and their guests shall not constitute gaming within 

the meaning of this Ordinance. 

SECTION 11-5: RULES OF CONSTRUCTION 

11-5.01 RULES OF CONSTRUCTION 

In this title, unless otherwise specifically provided: 

(1) The masculine includes the feminine; 

(2) The singular includes the plural; 

(3) "Includes" or "including" are not limiting; and 

(4) "Or" is not exclusive. 

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SECTION 11-6: ADMINISTRATION 

11-6.01 KALISPEL TRIBAL GAMING BOARD ESTABLISHED

The Kalispel Tribal Gaming Board, consisting of the seated members of the Kalispel Tribal Council, is 

hereby created. The Tribal Gaming Board may delegate their authority to other individuals. This delegation 

must be approved by the Kalispel Tribal Council through Resolution. 

11-6.02 OWNERSHIP - REVENUES TO BENEFIT TRIBE (res. 2008-44) 

Except as provided in section 11-9, the Tribe shall have the sole proprietary interest in, and the sole 

responsibility for the conduct of any gaming operation authorized by this Ordinance, unless the Tribe elects 

to allow individually owned gaming. Such provision does not, however, limit the Tribe's ability to enter into 

a management contract wherein net revenues are divided between the Tribe and other parties to the 

contract. A gaming establishment shall be operated so as to produce the maximum amount of net revenues 

to the Tribe. Except as provided in section 11- 9.02, net revenues will go entirely to the Tribe and will be 

used solely for the following purposes: 

(1) to fund tribal government operations or programs; 

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

(3) to promote tribal economic development;

(4) to donate to charitable organizations; or 

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

Net revenues from the gaming establishment may be used to make per capita payments to members of the 

Tribe upon the preparation of a plan to allocate revenues to the above uses and approval of this plan by the 

Secretary of the Department of Interior. 

11-6.03 LICENSING POWERS

(1) The provisions of this Ordinance with respect to Tribal gaming licenses must be administered by the 

Board or its designated agents for the protection of the public and in the public interest in accordance 

with the policy of the Kalispel Tribe.

(2) The Board or its designated agents shall be charged with the responsibility to promulgate regulations 

necessary to administer the provisions of this Ordinance. Their duties shall include but not be limited to the

following: 

(A) Printing and making available application forms for initial and renewal licenses, as well as any 

other necessary forms required by this Ordinance; 

(B) Supervising the collection of all fees and taxes prescribed in this Ordinance; 

(C) Processing all license applications and tax returns; 

(D) Issuing licenses;

(E) Determining applicable license fees;

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(F) Auditing all returns; 

(G) The Board shall investigate the qualifications of each applicant under this Ordinance before any 

license is issued, and shall continue to observe the conduct of all licensees and other persons having a 

material involvement directly or indirectly with a licensed gaming operation to ensure that licenses 

are not issued or held by, nor is there any material involvement directly or indirectly with a licensed 

gaming operation by unqualified, or unsuitable person or persons whose operations are conducted in 

an unsuitable manner or in unsuitable or prohibited places or locations. 

(H) The Board has full and absolute power and authority to deny any application or limit, condition, 

restrict, revoke or suspend any license or fine any person licensed for any cause deemed reasonable 

by the Board. In all decisions, the Board shall act to promote and ensure integrity, security, honesty, 

and fairness of the operation and administration of all gaming activities.

(I) The Board and their agents may:

(i) Inspect and examine all premises wherein gaming is conducted. 

(ii) Inspect all equipment and supplies in, upon or about such premises.

(iii) Summarily seize and remove from such premises and impound any equipment or supplies for the 

purpose of examination and inspection. 

(iv) Demand access to and inspect, examine, photocopy and audit all papers, books and records of 

licensees, on their premises, or where as practicable and in the presence of the licensee or his 

agent, respecting the gross income produced by any gaming business, and require verification of 

income, and all other matters affecting the enforcement of the policy.

(v) To seize and impound any patron's winnings which the Board may have reasons to believe may 

have been won or obtained in violation of this Ordinance pending a civil forfeiture hearing on 

such seizure. 

(J) For the purpose of conducting audits after the cessation of gaming by a licensee, the former 

licensee shall furnish, upon demand of an agent of the Board, books, papers and records as 

necessary to conduct the audits. The former licensee shall maintain all books, papers and records 

necessary for audits for a period of one (1) year after the date of the surrender or revocation of his 

gaming license.

11-6.04 ADMINISTRATIVE DUTIES OF THE TRIBAL GAMING BOARD

The Tribal Gaming Board shall perform all duties, exercise all powers, assume and discharge all 

responsibilities, and carry out and affect all purposes of this Ordinance relating to the regulation of all 

gaming activity. In all decisions, the Board shall act to promote and ensure integrity, security, honesty, 

and fairness of the operation and administration of all gaming activity. The Board's duties shall include 

but not be limited to the following:

(1) Cause to be conducted independent audits of gaming operations annually and shall submit the results 

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of those audits to the National Indian Gaming Commission (“NIGC”), specifically including all 

gaming-related contracts that result in the purchase of supplies, services or concessions for more than 

$25,000 in any year (except contracts for professional legal and accounting services); 

(2) Assure that all gaming activity is conducted in a manner which adequately protects the environment 

and the public health and safety;

(3) Proscribe an adequate system which ensures that background investigations are conducted on all 

primary management officials and key employees of any gaming operation and that oversight of such 

officials and their management is conducted on an ongoing basis. In conducting a background 

investigation, the Board or its agent shall promise to keep confidential the identity of each person 

interviewed in the course of the investigation.

(4) The Board shall immediately notify the NIGC of the issuance of such licenses. The Board will review 

all applications and background investigations to ensure that no person shall be eligible for licensure in 

or with any part of the gaming operation if that person's prior activities, criminal record, if any, or 

reputation, habits and associations pose a threat to the public interest or to the effective regulation of 

gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices and methods and 

activities in the conduct of gaming. The Board shall notify the NIGC of the results of such background 

checks before the issuance of such licenses; 

(5) Recommend the hiring of such professional, clerical, technical, and administrative personnel as may be 

necessary to carry out the provisions of this Ordinance; 

Identify and make necessary arrangements for a law enforcement agency to take fingerprints and for 

conducting a criminal history check which shall, at a minimum, include a check through the Federal

Bureau of Investigation National Criminal Information Center; 

(6) Review all records, documents, and anything else necessary and pertinent to enforcement of any 

provisions of this Ordinance. 

11-6.05 MEETINGS OPEN TO PUBLIC

General meetings of the Board shall be open to the general membership of the Kalispel Tribe, all meetings 

shall be governed by Roberts Rules of Order. 

11-6.06 QUORUM - MAJORITY VOTE

A quorum shall consist of three members of the Board. All decisions shall be made by majority vote of the 

quorum present (or participating by telephone line), unless indicated otherwise in this Ordinance. Proxy or 

assignments of voting shall be prohibited. 

11-6.07 AMENDING REGULATIONS

The Board may summarily adopt, amend or repeal any regulation if the Board determines such action is 

necessary for the preservation of the public peace, health, safety, morals, and good order or general welfare 

C

of the Kalispel Tribe of Indians. 

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11-6.08 POWERS OF DELEGATION 

The Board may organize itself into functional divisions as it may deem necessary and from time to time alter 

such plan of organization as it may deem expedient. The Board shall establish its own budget for operations, 

and acquire such furnishings, equipment, supplies, stationary, books, motor vehicles, and other things as it 

may deem necessary or desirable in carrying out its functions, and incur such other expenses, within the 

limit of funds available to it, as it may deem necessary. Within the limits of the budget, the Board shall 

employ and fix the salaries of or contract for the services of such professional, technical and operational 

personnel and consultants as the execution of its duties and the operation of the Board may require. When 

the Tribe employs a Key Employee or Primary Management Official, The Board shall keep and maintain a 

file of said applications for licenses under this ordinance, together with a record of all action taken with 

respect to such applications. 

11-6.09 DUTY OF BOARD TO INITIATE PROCEEDINGS, ACTIONS

The Board shall initiate proceedings or actions appropriate to enforce the provisions of this Ordinance, and 

may request that the Tribal prosecuting attorney prosecute any public offense committed in violation of this 

Ordinance. 

SECTION 11-7: LICENSES FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS

11-7.01 APPLICATION FORMS 

(1) The following notice shall be placed on the Tribe’s license application form for a key employee or a 

primary management official before it is filled out by an applicant: 

In compliance with the Privacy Act of 1974, the following information is provided: Solicitation of the 

information on this form is authorized by 25 U.S.C. §§ 2701 et seq. The purpose of the requested 

information is to determine the eligibility of individuals to be granted a gaming license. The information 

will be used by the Tribal gaming regulatory authorities and by the NIGC members and staff who have 

need for the information in the performance of their official duties. The information may be disclosed by 

the Tribe or the NIGC to appropriate Federal, Tribal, State, local, or foreign law enforcement and 

regulatory agencies when relevant to civil, criminal or regulatory investigations or prosecutions or when 

pursuant to a requirement by a tribe or the NIGC in connection with the issuance, denial, or revocation 

of a gaming license, or investigations of activities while associated with a tribe or a gaming operation. 

Failure to consent to the disclosures indicated in this notice will result in a tribe being unable to license 

you for a primary management official or key employee position. 

(A) The disclosure of your Social Security Number (“SSN”) is voluntary. However, failure to supply 

a SSN may result in errors in processing your application. 

(2) The following additional notice shall be placed on the application form for a key employee or a primary 

management official before it is filled out by an applicant:

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

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

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title 18, section 1001). 

11-7.02 FAILURE OF APPLICANT TO DISCLOSE MATERIAL INFORMATION 

An applicant for licensing shall make true and full disclosure of all information to the Board as necessary 

or appropriate in the public interest or as required in order to carry out the policies of the Tribe relating to 

licensing and control of the gaming industry. It is the duty of the applicant to disclose all information 

material to whether his involvement with gaming would jeopardize or compromise the Tribal interest, 

whether or not the applicant has been specifically required to provide that information. It shall constitute a 

violation of this Ordinance to fail to disclose, to mislead or to misstate any such material information to the 

Board, or to any licensee's employer.

11-7.03 BACKGROUND INVESTIGATIONS

The Tribe shall perform a background investigation for each primary management official and key employee 

in its gaming operation. The investigation must be sufficient to allow the Tribal Gaming Agency to make an 

eligibility determination under Section 11-7.04 of this Ordinance. 

(1) The Board shall obtain from each primary management official and key employee all of the following 

information: 

(A) Full name, other names used (oral or written), social security number(s), birth date, place of 

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

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

ownership interests in those businesses, business and residence addresses, and driver’s license

numbers; 

(C) The names and current addresses of at least three (3) personal references, including one (1) 

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

under paragraph 1(B) of this section; 

(D) Current business and residential telephone numbers, and all cell phone numbers; 

(E) A description of any existing and previous business relationships with other Indian tribes,

including any 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 

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involved and the date and disposition, if any; 

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

such criminal charge is within ten (10) years of the date of the application and is not otherwise listed 

pursuant to paragraph 1(H) or 1(I) of this section, the criminal charge, the name and address of the 

court involved and the date and disposition, if any; 

(K) The name and address of any licensing or regulatory agency with which the person has filed an 

application for an occupational license or permit, whether or not such license or permit was 

granted; 

(L) A current photograph; 

(M) Any other information the Board deems relevant; and Fingerprints obtained in accordance with 

procedures adopted by the Board, pursuant to 25 C.F.R. Sec. 522.2(h). The Tribe shall perform 

a background investigation for each primary management official and key employee of the 

gaming operation. The Tribe shall request fingerprints from each primary management official 

and key employee. 

(N) Fingerprints shall be taken by TGA and submitted to the NIGC for processing through the 

Federal Bureau of Investigations and the National Criminal Information Center to determine 

the applicant’s criminal history, if any. When a primary management official or key employee 

is employed by the Tribe, a complete application file, containing all of the information listed in 

Section 11-7.03 shall be maintained. 

(2) If the NIGC has received an investigative report concerning an individual who another tribe wishes

to employ as a key employee or primary management official and if the second tribe has access to 

the investigative materials held by the first tribe, the second tribe may update the investigation and

update the investigative report under 11- 7.06 below.

11-7.04 ELIGIBILITY DETERMINATION: 

The Board, an authorized Tribal official, 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 licensure in a gaming operation. If the Board, in applying the standards adopted in 

this tribal ordinance, determines that licensure of the person poses a threat to the public interest or to the 

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

methods and activities in the conduct of gaming, a management contractor or a tribal gaming operation shall 

not employ that person in a key employee or primary management official position. In conducting a 

background investigation, the Board or its agent shall promise to keep confidential the identity of each person 

interviewed in the course of the investigation.

11-7.05 TEMPORARY EMPLOYMENT LICENSES 

The Board may issue a temporary employment license to any person or entity applying for a license to 
CHAPTER 11

work in a licensed gaming establishment which shall be valid pending the background investigation of the

applicant. In no event shall such temporary license be valid for greater than ninety (90) days.

11-7.06 PROCEDURES FOR FORWARDING APPLICATIONS AND REPORTS FOR KEY 

EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS TO THE NATIONAL INDIAN 

GAMING COMMISSION

(1) Before issuing a license to a primary management official or key employee, TGA shall prepare a notice 

of results of the applicant’s background investigation to submit to the NIGC. 

(A) The notice of results shall include the following information: 

i. The applicant’s name, date of birth, and social security number; and 

ii. The date on which the applicant began, or will begin, working as a primary 

management official or key employee. 

(B) A summary of the information presented in the investigative report, including: 

i. Licenses that have previously been denied; 

ii. gaming licenses that have been revoked, even if subsequently reinstated;

iii. every known criminal charge brought against the applicant within the last ten (10) 

years of the date of the application; and

iv. Every felony offense of which the applicant has been convicted or any ongoing 

prosecution; 

(D) A copy of the eligibility determination made in accordance with Section 11-7.04. 

(2) The notice of results must be submitted to the NIGC no later than sixty (60) days after the applicant 

begins working for the Tribe. 

11-7.07 REPORT TO THE NATIONAL INDIAN GAMING COMMISSION

(1) Pursuant to the procedures set out in Section 11-7.06 of this section, the Board shall create and 

maintain an investigative report for each background investigation of a primary management official 

or key employee. An investigative report shall include all of the following:

(A) Steps taken in conducting a background investigation;

(B) Results obtained; 

(C) Conclusions reached; and

(D) The basis for those conclusions. 

(2) The Board shall submit, with the report, a copy of the eligibility determination made under Section 

11-7.04 of this section. 

(3) If a license is not issued to an applicant, the Board: 

(A) Shall notify the NIGC; and 

(B) Shall forward copies of its eligibility determination and Notice of Results to the NIGC for

inclusion in the Indian Gaming Individuals Records System.
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11-7.08 GRANTING A GAMING LICENSE

(1) All primary management officials and key employees of the gaming operation must have a gaming 

license issued by the Tribe. 

(2) The Board is responsible for granting and issuing gaming licenses to primary management officials 

and key employees. 

(3) TGA may license a primary management official or key employee applicant after submitting a notice 

of results of the applicant’s background investigation to the NIGC, as required by Section 11-7.06. 

(4) TGA shall notify the NIGC of the issuance of a license to a primary management official or key 

employee within thirty (30) days of issuance. 

(5) TGA shall not employ an individual in a primary management official or key employee position who 

does not have a license after ninety (90) days of beginning work at the gaming operation. 

(6) TGA must reconsider a license application for a primary management official or key employee if it 

receives a statement of itemized objections to issuing such a license from the NIGC, and those 

objections are received within thirty (30) days of the NIGC receiving a notice of results of the 

applicant’s background. 

(7) TGA shall take the NIGC’s objections into account when reconsidering a license application. 

(8) The Tribe will make the final decision whether to issue a license to an applicant for a primary 

management official or key employee position. 

(9) If TGA has issued a license to a primary management official or key employee before receiving the 

NIGC’s statement of objections, notice and a hearing shall be provided to the licensee. 

11-7.09 LICENSE SUSPENSION 

(1) If, after a license is issued to a primary management official or a key employee, the Tribe receives 

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

employment, TGA shall do the following: 

(A) Immediately suspend the license; 

(B) Provide the licensee with written notice of the suspension and proposed revocation; and 

(C) Provide the licensee with notice of a time and place for a hearing on the proposed revocation of 

the license.

(2) The right to a revocation hearing vests only when a license is granted under an ordinance approved by 

the NIGC Chair. 

(3) Following a revocation hearing, the Tribe shall decide whether to revoke or reinstate the license at 

issue.

(4) The Tribe shall notify the NIGC of its decision to revoke or reinstate a license within forty-five (45) 

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11-7.10 DENYING GAMING LICENSES

(1) The TGA shall not license a primary management official or key employee if an authorized Tribal 

official determines, in applying the standards in Section 11-7.04 for making a license eligibility 

determination, that licensing the person: 

(A) Poses a threat to the public interest; 

(B) Poses a threat to the effective regulation of gaming; or 

(C) Creates or enhances the dangers of unsuitable, unfair or illegal practices, methods and/or 

activities in the conduct of gaming.

(2) When the TGA does not issue a license to an applicant for a primary management official or key 

employee position, or revokes a previously issued license after reconsideration, it shall: 

(A) Notify the NIGC; and 

(B) Forward copies of its eligibility determination and notice of results of the applicant’s 

background investigation to the NIGC for inclusion in the Indian Gaming Individuals Record 

System.

11-7.11 RECORDS RETENTION 

The Board or its designated agent shall retain, for no less than three years from the date a primary management 

official or key employee is terminated from employment with the Tribe, the following documentation: 

(1) Application for licensing; 

(2) Investigative Reports; and 

(3) Eligibility Determinations.

SECTION 11-8: LICENSING PROCEDURE FOR GAMING OPERATION EMPLOYEES OTHER THAN 

KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS

11-8.01 LICENSING PROCEDURE

All gaming operation employees, other than key employees and primary management officials, shall submit 

an application form containing the notices set forth in Section 11-7.01 of this Ordinance and all information 

requested in Section 11-7.03(1) of this Ordinance. An applicant for licensing shall make a true and full 

disclosure of all information to the Board as necessary or appropriate in the public interest or as required in 

order to carry out the policies of the Tribe relating to licensing and control of the gaming industry. It shall 

be a violation of this Ordinance to fail to disclose, to mislead or to misstate any such material information to 

the Board, or to any licensee's employer. 

The Board or its designated agent shall conduct an investigation sufficient to make a determination 

under Section 11-8.02 below. In conducting a background investigation, the Board or its agent shall promise 

to keep confidential the identity of each person interviewed in the course of the investigation. The Board 

may issue a temporary employment license to any person applying for a license to work in a licensed 

gaming establishment which shall be valid pending the background investigation of the applicant. In no 

event shall such temporary license be valid for greater than 90 days. 

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11-8.02 ELIGIBILITY DETERMINATION

The Board, an authorized Tribal official, shall review a person's prior activities, criminal record, if any, and 

reputation, habits and association to make a finding concerning the eligibility of a person for employment in 

a gaming operation. If the Board, in applying the standards adopted in this tribal Ordinance, determines that 

employment of the person poses a threat to the public interest or to the effective regulation of gaming, or 

creates or enhances the dangers of unsuitable, unfair, or illegal practices and methods and activities in the 

conduct of gaming, a management contractor or a tribal gaming operation shall not employ that person. 

11-8.03 NO RIGHT TO APPEAL

The determinations of the Board with regard to issuance, revocation, termination, suspension, or limitations 

of any employment license are final.

SECTION 11-9: APPLICATION, LICENSING, AND REGULATION OF GAMING OPERATIONS 

11-9.01 APPLICABILITY (res. 2008-44) 

(1) Agencies and Departments of theTribe

This section shall apply to agencies and departments of the Tribe who wish to engage in any of the 

activities authorized by this Ordinance. 

(2) Individually Owned Gaming Operations 

No non-Tribal person or entity shall be eligible to receive a tribal license to own a class II gaming 

activity conducted on Tribal lands unless such person or entity would also be eligible to receive a 

gaming license from the State of Washington to conduct the same activity within the jurisdiction of the 

State and unless the following requirements are met:

(A) Such gaming operation remains in compliance with all applicable Tribal and Federal laws and 

obtains and maintains a license from the Tribe;

(B) Income to the Tribe from such gaming is used only for the purposes described in section 11-6.02:

(C) Not less than 60 percent of the net revenues is income to the Tribe;

(D) The owner of such gaming operation pays the appropriate assessment levied by the NIGC: and 

(E) Such gaming operation is a bona fide charitable or non-profit organization. 

11-9.02 LICENSE APPLICATION (res. 2008-44) 

Any agency or department of the Tribe or individually owned gaming operation shall submit a request for 

a license to engage in any authorized activity. The request shall contain the following information: 

(1) The complete name of the applicant.

(2) The name and address of the department, agency or organization head and his/her position. 

(3) For each person identified, provide the following information: 

(A) The nature and extent of any interest in the applicant agency, department, or organization. 

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applied for, and/or received any license under this part. 

(4) The location of the proposed gambling area.

(5) Identify the type of activity for which the license is sought (e.g. bingo, lotteries, raffles, punch 

boards, pulltabs). 

(6) A description of the purpose for holding or engaging in the activity for which the license is sought, 

and a description of the purposes for which the revenues, if any, will be expended. 

(7) Each application shall contain an acknowledgment that the applicant assumes full responsibility for the 

fair and lawful operation of all licensed activities that the applicant conducts. 

(8) The Board shall furnish to the applicant supplemental forms, which the applicant shall complete and 

file with the application. Such supplemental forms shall require, but shall not be limited to: complete 

information and details with respect to the applicant’s habits, character, criminal record, business 

activities, financial affairs and business associates, covering a time period specified immediately 

preceding the date of filing of the application. 

11-9.03 ELIGIBILITY FOR STATE LICENSE (res. 2008-44) 

The Board shall deny a license for any person or entity, other than the Tribe or an agency or department of 

the Tribe, that would not be eligible to receive a State license to conduct the same activity within the State 

of Washington. State law standards, if applicable, shall apply with respect to purpose, entity, pot limits and 

hours of operation. 

11-9.04 ASSESSMENT FEE

The owner of a gambling license issued under this section shall pay an assessment fee to the NIGC as 

annually published in the Federal Register pursuant to 25 C.F.R. Sec. 514.1. 

11-9.05 PUBLIC INFORMATION REQUIRED 

All licensees prior to conducting any of the activities authorized by this Ordinance shall first provide the 

following information which shall be publicly available: 

(1) What particular activity will be conducted. 

(2) When such activity will be conducted and the exact location where the activity will be conducted. 

(3) The names and addresses of those persons who will be in charge of the operation of said activity along 

with a statement that said operators shall have no interest in the activity to be conducted except for the 

receipt of a reasonable salary which will be paid in consideration for their operation of the activity.

(4) Any special limitations or considerations which may be applicable to the particular activity.

11-9.06 LIMITATIONS 

No licensee shall hold more than one license to conduct bingo or a license to operate punch boards or 

pulltabs at more than one business site. Each such license shall authorize the conduct of the activity only 

upon the premises shown on the license application.

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11-9.07 ISSUANCE LIMITED 

The Board may limit the number or licenses issued to insure that the purposes of this Ordinance are met.

11-9.08 REGULATIONS

The Board may adopt regulations to administer and implement any part of this Ordinance that are at 

least as restrictive as those established by Washington State law governing similar gaming.

SECTION 11-10: GAMING

11-10.01 CLASS AND FEES 

Two classes of licenses shall be issued. Each shall have a separate fee. Licensees shall operate and conduct 

only those activities authorized under each license as listed below and may be further specified in 

regulations promulgated hereunder. 

Class A: Five hundred ($500) dollars annual fee. Class A licenses shall carry a life of twelve months or 

less, and shall expire on December 31 of each calendar year. The fee shall be prorated

according to the date of issuance.

Class B: Twenty-five ($25) dollar fee. A Class B license shall be issued only for special events and shall

carry life of three (3) days only. Said special event days must fall within a period of ten (10) 

consecutive calendar days from the date of issuance. All license fees will be paid in advance.

11-10.02 REFILING OF APPLICATION 

Every licensee intending to continue engaging in gaming activities on the reservation during the next 

following year shall apply for renewal of the license at least thirty (30) days prior to the expiration of the 

previous license period. 

11-10.03 NO RIGHT TO APPEAL

The determinations of the Board with regard to issuance, revocation, termination, suspension, or limitations 

of any license are final.

11-10.04 INDEPENDENCE OF BOARD

The Board, members of the Council and their immediate families shall receive no personal compensation, 

gift, reimbursement or payment of any kind from any person doing or wishing to do business with the Tribe 

relating to gaming nor with any person wishing to obtain an unfair advantage in any authorized wager on 

gaming. Personal compensation, gift, reimbursement or payment of any kind shall not include business 

entertainment, meals, lodging or other ordinary and reasonable expenses in the negotiation and solicitation 

of contracts. Any property received in violation of this provision, including cash payments, shall be 

immediately forfeited to the Tribe and the offending persons shall be prosecuted to the fullest extent 

possible under tribal law for accepting a bribe. The Board shall cooperate to the fullest extent possible with 

any Federal or State law enforcement agency to pursue prosecution under applicable Federal or State law. 

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11-10.05 PARAMETERS OF LICENSEE 

Violation of any provision of this Ordinance or any of the Board's regulations by the licensee, his agent, or 

employee shall be deemed contrary to the public health, safety, morals, good order and general welfare of 

the Kalispel Tribe and the inhabitants of the Kalispel Reservation, and shall be deemed grounds for 

refusing to grant or renew a license, suspension or revocation of a license, or shall constitute grounds for 

the filing of charges by the Board. Acceptance of a gaming license or renewal thereof, or condition 

imposed thereon, by a licensee, constitutes an agreement on the part of the licensee to be bound by all the 

regulations and conditions of the Board and by the provisions of this Ordinance as the same are now, or 

may hereafter be amended or promulgated, and to cooperate fully with the Board. It is the responsibility of 

the licensee to keep himself informed of the contents of all such regulations, amendments, provisions, and 

conditions and ignorance thereof will not excuse violations. The Board shall use reasonable efforts to 

notify all licensees of changes in regulations. 

SECTION 11-11: RULES OF OPERATION AND GENERAL APPLICABILITY 

11-11.01 HOUSE RULES TO BE DEVELOPED AND POSTED

Each licensee shall develop a set of house rules which will govern the type, scope and manner of all 

gambling activities to be conducted. A copy of the rules shall be posted conspicuously on the licensed 

premises at all times, and a copy thereof shall be made available upon request to any Tribal enforcement 

officer or representative of the Board. 

11-11.02 SECURITY 

Licensees shall provide for their in house security PROVIDED, that such security personnel are approved 

by the Board. 

11-11.03 AGE LIMITATIONS 

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

the gaming floor during actual hours of operation. Should alcoholic beverages be offered in the gaming 

area pursuant to applicable law, then no patron under the age of twenty-one (21) shall be permitted in 

the gaming area during actual hours of operation. PROVIDED, that such age limitation shall not apply 

to an individual accompanied by an adult for the specific and limited purpose of proceeding directly 

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

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

(2) No person under the age of eighteen (18) years of age shall be employed as a gaming employee. 

(3) Any licensee, employee, dealer or other person(s) who violates or permits the violation of any of the 

provisions of this section and any person who violates any of the provisions of this section is guilty 

under this Ordinance and shall be prosecuted in the Tribal Court, or Washington State Court for any 

non- Indian. 

(4) In any prosecution or other proceeding for the violation of any of the provisions of this section, it is no 

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excuse for the licensee, employee, dealer or other person to plead that he believes the person to be 

eighteen (18) years old or over, or if applicable, twenty-one (21) years old or over. 

11-11.04 CHEAT DEFINED 

As used in this Ordinance: 

(1) Cheat means to alter the selection of criteria whichdetermine:

(A) The result of a game; or 

(B) The amount or frequency of payment in a game.

11-11.05 FRAUDULENT ACTS 

It is unlawful for any person: 

(1) To alter or misrepresent the outcome of a game or other event on which wagers have been made after 

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

(2) To place a bet after acquiring knowledge, not available to all players, of the outcome of the game or 

other event which is the subject of the bet or to aid anyone in acquiring such knowledge for the 

purpose of placing a bet contingent upon the outcome. 

(3) To 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 contingent thereon, or to claim, 

collect or take an amount greater than the amount won. 

(4) To use counterfeit chips in a gambling game.

11-11.06 CHEATING PROHIBITED 

It is unlawful for any person, whether he is an owner or employee of or a player in an establishment to cheat 

at any gambling game.

Detention and questioning of person suspected of violating Ordinance. 

(1) Any licensee, or his officers, employees or agents may question any person in his establishment 

suspected of violating any of the provisions of this Ordinance. No licensee or any of his officers, 

employees or agents is subject to criminal or civilliability:

(A) On account of any such questioning; or 

(B) For reporting to the Board or Tribal law enforcement authorities the person suspected of the 

violation.

(2) Any licensee or any of his officers, employees or agents who has seen a violation of this Ordinance in 

his establishment by any person may take that person into custody and detain him in the establishment 

in a reasonable manner and for a reasonable length of time. Such a taking into custody and detention 

does not render the licensee or his officers, employees or agents criminally or civilly liable unless it is 

established by clear and convincing evidence that the taking into custody and detention were 

unreasonable under all thecircumstances.

(3) No licensee or his officers, employees or agents are entitled to the immunity from liability provided 

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for in subsection B unless there is displayed in a conspicuous place in his establishment a notice in 

boldface type clearly legible and in substantially this form: 

ANY GAMING LICENSEE, OR ANY OF HIS OFFICERS, EMPLOYEES 

OR AGENTS WHO HAS PROBABLE CAUSE FOR BELIEVING THAT 

ANY PERSON HAS VIOLATED ANY PROVISION OF CHAPTER 11 OF 

THE KALISPEL TRIBAL CODE PROHIBITING CHEATING IN 

GAMING MAY DETAIN THAT PERSON IN THE ESTABLISHMENT.

11-11.07 WORKERS TO WEAR IDENTIFICATION TAGS 

Each licensee shall furnish to each person participating in the management or operation of the event an 

identification tag which at a minimum shall contain that person's name. The licensee shall cause each

such person to wear this tag at all times when the person is working. The tag shall be in plain view so as to 

be easily seen and read by persons participating in the event. 

11-11.08 NO CREDIT TO BE ALLOWED 

No licensee, or any of its members or employees, or any operator, conducting, or in any way participating 

in the conduct of any gambling activities, shall allow a person to play that activity on credit or shall grant a 

loan of any kind at any time to a person playing the activity, unless provided for in a separate agreement.

11-11.09 ON DUTY OPERATORS SHALL NOT PLAY

No operator shall allow a person who manages or receives any compensation directly or indirectly, for the 

operation of any gambling game conducted by the operator to play in a gambling game while on duty. 

11-11.10 GAMBLING ORDINANCE ON PREMISE 

Each licensee shall obtain, maintain, and keep current a copy of the Kalispel Tribal Gaming Ordinance 

which shall be located upon the premises used for the conduct of a licensed activity by a licensee during all 

times the activity is there conducted. The rules shall be produced by the licensee and shown to any person 

upon demand. The fact that the licensee may not have a current copy of each of the rules of the Board shall 

not in any way diminish the licensee's obligation to abide by these rules. 

SECTION 11-12: OPERATION OF BINGO GAMES

11-12.01 BINGO PRIZES 

(1) Bingo prizes shall consist of cash, merchandise or free bingo cards, or a combination thereof but 

shall not consist of any alcoholic beverages.

(2) Cash prizes of one hundred dollars ($100) or more may be given by check, or combination check 

and cash.

(3) When and if required by the United States Internal Revenue Code a record shall be made by the 

operation of the prize. Any required records shall contain:

(A) The full name of the winner; 

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(B) The current address of the winner; 

(C) The date of the win;

(D) A description of the prize won; 

(E) If the prize is merchandise, its retail value; and

(F) The social security number of the winner.

(4) It shall be the responsibility of the operator to determine the identity of any winner if required by 

subsection (3). The operator shall require such proof of identification as is necessary to properly 

establish such winner’s identity. The operator shall not pay out the prize unless and until the winner has 

fully and accurately furnished to the operator all information required by this section to be kept upon 

the records of the operator. 

(5) A record of all information required by subsection C shall be kept by the licensee and the Board for a 

period of one year.

11-12.02 DISCLOSURE OF PRIZES AND RULES 

(1) All prizes awarded in connection with bingo, whether in cash or merchandise, and all rules by which 

such prizes may be won, including all costs to a contestant or participant, shall be disclosed to each 

contestant or participant taking part in the activity or paying for the opportunity to take part in the 

activity.

(2) This disclosure need not be made separately and personally to each contestant or participant but, in 

the alternative, may be made by conspicuously posting or displaying upon the premises where the 

description thereof, together with the rules of the activity, and explanation of how each prize can be 

won, and the cost to participate in the activity.

(3) In those cases where persons are able to pay for the opportunity to participate in the activity after the 

winner of any one of the prizes offered has been determined, the operator shall remove each prize won 

from any display of prizes, and from any list of prizes which has been posted or displayed upon the 

premises where the activity is conducted, immediately upon the determination of winner of that 

particular prize. 

11-12.03 PROHIBITED PRACTICES 

(1) Bingo games shall not be operated upon a premises part of a retail sales or service business catering to 

the public except: 

(A) When the room or other portion of the premises in which the bingo games being conducted is 

separate and apart from the portion being used for the retail sales and service business; or 

(B) When the business is closed to the public at all times during which the bingo games are 

conducted on the premise; or 

(C) In all cases the bingo operator must have, and exercise, complete control over that portion of the 

premises being used for bingo, and at all times said games are being played. 

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(D) Nothing in this subsection shall prohibit the sale of food or beverages to bingo game patrons. 

(2) No person who is under the age of eighteen (18) years shall participate, nor be allowed to participate in 

any manner in the operation of any bingo game subject to all applicable Tribal laws, ordinances, 

policies and procedures. 

(3) Notwithstanding (4), no person under the age of eighteen (18) years shall be allowed in the room or 

rooms where a bingo game is being conducted. 

(4) Notwithstanding (3), (4) and (5), whenever alcoholic beverages are being served in the same room in 

which a bingo game is being conducted, no one under the age of twenty-one (21) shall be allowed in the 

same room. 

(5) No person visibly intoxicated or visibly under the influence of any narcotic shall be allowed to play or 

operate any bingo game.

(6) It shall be the responsibility of those persons physically operating the bingo game to determine that no 

unauthorized person is allowed to participate in any manner in the operation of or play in any bingo 

game or allowed to enter the room where a bingo game in being conducted. 

11-12.04 BINGO CARDS AND EQUIPMENT

(1) Bingo cards shall be sold, and paid for, only in advance for use in a specified game or specified 

number of games.

(2) All sales of bingo cards shall take place upon the premises and upon the occasion that the bingo 

games for which the card is being sold are being conducted. 

(3) Persons shall be allowed to play in a bingo game for free or without paying any other normal and 

usual charge only in strict accordance with duly adopted policies and procedures of the Tribe.

(4) The maximum number of free bingo cards which may be awarded as a prize for any one bingo shall be 

in strict accordance with duly adopted policies and procedures of the Tribe.

(5) No bingo game shall be conducted to include a prize determined other than by the matching of 

letters and numbers on a traditional type of bingo card with letters and numbers called by the 

operator, in competition among all players in the bingo game.

(6) No equipment or devices shall be used directly in the operation of a bingo game except bingo cards, a 

device from which letters or numbers are obtained to call, balls or other items containing letters and 

numbers to call, equipment or devices used for the purpose of displaying numbers and letters called to 

the public, and such furniture and sound amplification system as is necessary for the convenience and 

comfort of the players and operators. 

(7) Each numbered ball, or other device, used in the bingo game for selection of numbers to be called or 

played shall be the same weight as each of the other balls, or devices, used for that purposed in that 

game.

(8) The signature of the person or persons preparing the detailed daily record and the signature of the 

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manager of the licensed activity of each occasion. 

SECTION 11-13: PUNCH BOARDS AND PULLTABS

11-13.01 OPERATION 

(1) No person under the age of eighteen (18) years and no person visibly intoxicated or visibly under the 

influence of any narcotic shall be allowed to play or operate any pulltab or Punch board game.

(2) Whenever alcoholic beverages are being served in the same room in which a Punch boards and 

pulltab games are being conducted, no one under the age of twenty-one (21) years shall be allowed in 

the same room. 

(3) It shall be the responsibility of the person physically operating the pulltab or Punch board game to 

determine that no unauthorized person is allowed to play.

(4) No licensee shall license the display or operation of any pulltab or Punch board game which may 

have in any manner been marked, defaced, tampered with or otherwise place in a condition, or 

operated in a manner, which may deceive the public or which affects the chances of winning or 

losing upon the taking of any chance thereon. 

(5) No licensee shall display any Punch board: 

(A) To which any key to any winning number, or symbol, exists other than a key which is furnished to

the operator, which key designates the color codes or all chances on that board without regard to 

whether or not such chances or designated winner; or 

(B) Which has taped sides, corners, or edges.

11-13.02 PRIZES 

(1) All prizes in pulltab and Punch board games shall be in cash or in merchandise. Prizes may not 

involve the opportunity of taking an additional chance or chances on another Punch board or of 

obtaining another pulltab or pulltabs unless the customer specifically asks for such. 

(2) Where the prize involves the opportunity to punch again on the same Punch board, all prizes must be 

awarded for each such punch which is not less than the highest amount of money, or worth not less than 

the most valuable merchandise prize, which might otherwise have been won by the punch for which the 

opportunity to take the second punch was awarded.

(3) No Punch board which offers as a prize the opportunity to take another punch on that board shall be 

sold or placed out for play unless that particular style and set up board has been approved in advance by 

the Kalispel Tribal Gaming Board. Each such board must clearly indicate on its face the terms and 

conditions under which the opportunity to obtain the second, or step-up punch may be obtained and the 

prizes which may be won by the step-up punch. 

(4) All prizes shall be displayed in the immediate vicinity of the Punch board or pulltab game and such 

prizes shall be in full view of any person prior to that person purchasing the opportunity to play.

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amount represented thereby available to be won shall be substituted therefore in any display which also 

includes merchandise prizes.

(5) The cash prizes to be awarded in connection with punch boards and pulltabs series in connection with 

which only cash prizes are awarded shall be clearly and fully described or represented by a coupon 

displayed upon the prize flare attached to the face or displayed in the immediate vicinity of the pulltab 

game.

(6) Displayed prizes shall be so arranged that a patron can easily determine which prizes are available 

from any particular Punch board or pulltab game located upon the premises.

(7) Upon determination of a winner of a merchandise prize, the operator shall immediately remove that 

prize from any display and present it to the winner.

(8) Immediately upon determining the winner of any cash prize with a retail value of five hundred (500) 

dollars or more, but prior to award of the prize, the licensee shall conspicuously delete all references to 

the prize being available to players from any flare, Punch board or pulltab game upon which such 

reference may appear, and from any other list, sign, or notice which may be posted, in such a manner 

that all future patrons will know the prize is no longer available. The prize shall then be paid or 

delivered to the winner forthwith. 

(9) No licensee shall offer to pay cash in lieu of merchandise prizes which may be won. 

(10) When and if required by the United States Internal Revenue Code, a record shall be made by the 

licensee of the win. Any required record shall contain: 

(A) The full name of the winner; 

(B) The current address of the winner; 

(C) The date of the win;

(D) A description of the prize won; and 

(E) If the prize is merchandise, its retail value.

(11) It shall be the responsibility of the licensee to determine the identity of any winner if required by 

subsection (10) and the licensee shall require such proof of identification as is necessary to properly 

establish the winner’s identity. The licensee shall not pay out any prize unless and until the winner has 

fully and accurately furnished to the licensee all information required by this section to be kept upon 

the records of the licensee.

(12) Every licensee shall keep all necessary records required by subsection (10) and shall display the 

same to any member of the public, or Board upon demand. 

(13) For purposes of this section, the retail value of a merchandise prize shall be the amount actually paid 

therefore by the licensee plus fifty (50) percent of that actual cost. 

(14) No operator shall put out for play any Punch board or pulltab game that does not contain the 

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(A) Punch boards - a minimum of sixty (60) percent respecting each Punch board placed out for 

public play;

(B) Pulltabs - a minimum of sixty (60) percent respecting each series of pulltabs out for play.

(C) For the purpose of determining the percentage of prizes offered on any Punch board, or in any 

pulltab series under this section, total merchandise prizes shall be computed at the amount 

actually paid therefore by the operator plus fifty (50) percent of that actual cost.

(D) Single cash prizes on punch boards/pulltabs shall not exceed:

(i) One thousand (1,000) dollars in cash; or 

(ii) A merchandise prize, or combination merchandise prize, for which the licensee has expended 

more than one thousand (1,000) dollars. 

11-13.03 SPECIAL LIMITATIONS ON PULLTABS 

(1) No pulltabs shall be placed out for public play unless the total number of pulltabs originally in the 

series shall be clearly disclosed on the face of the flare advertising the prizes available from that 

series of pulltabs. 

(2) No pulltab shall be added to a series of pulltabs after that series has been received on the reservation. 

(3) No pulltab series, or any portion thereof shall be placed in play until any other series of pulltabs 

previously in play has been played out or permanently removed from public play.

(4) No pulltab once placed out for public play shall be removed from play until the series is permanently 

removed from public play, except only: 

(A) Those pulltabs actually played by customers; 

(B) Those pulltabs removed by representatives of the Tribal Council; and 

(C) Those pulltabs temporarily removed during necessary repair or maintenance of the gambling 

facility.

(D) Excepting those pulltabs removed under (2) and (3) above, once a pulltab has been removed 

from public play it shall not again be put out for public play.

(5) No person shall put out any pulltab series for public play unless the entire series is initially put out for 

public play.

(6) No pulltab series shall be put out for public play which contains more than twelve thousand (12,000) 

individual pulltabs. 

(7) Pulltabs shall be constructed so that it is impossible to determine the covered or concealed number,

symbol, or set of symbols, on the pulltab until it has been dispensed or otherwise sold for consideration 

to and opened by the player, by any method or device, including the use of a marking, variance in size, 

variance in paper fiber, or light. 

(8) No person with knowledge or in circumstances whereunder he reasonably should have known, shall 

possess, display, put out for play, sell or otherwise furnish to any other person any pulltab series or 

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pulltab from any series:

(A) In which the winning pulltabs have not been completely and randomly distributed and mixed 

among all other pulltabs in the series; or 

(B) In which the location, or approximate location, or any of the winning pulltabs can be determined in 

advance of opening the pulltabs in any manner or by any device, including any pattern in the 

manufacturer, assembly or packaging of the pulltabs, by any marking on the pulltabs or container, 

or by the use of light, or; 

(C) The written record so made is maintained at the offices of the licensee and the offices of the 

Kalispel Tribal Gaming Board for a period of not less than five (5) years after the series is 

removed. 

11-13.04 FLARES 

(1) No person shall place or have out in public view more than one flare advertising the prizes available 

from the operation of any Punch board or from any series of pulltabs. 

(2) The flare advertising prizes available from the operation of any Punch board or any series of pulltabs 

shall:

(A) Be placed upon the upper face or the top of any such Punch board, directly near the pulltab 

game, in full view of the patron; 

(B) Clearly set out each of the prizes available and the number or symbol which wins prizes; 

(C) Set out the winning numbers or symbols for prizes or merchandise valued in amounts specified in 

previous or letter sections of this Ordinance, in such a manner that each may be easily and clearly 

deleted or marked off as each prize is won and awarded. For purposes of this subsection, the retail

value of a merchandise prize shall be the amount actually paid therefore by the licensee plus fifty 

(50) percent of the actual cost.

(3) Each flare describing the prizes and winning numbers or symbols for a series of pulltabs in play shall 

clearly set out the series number assigned to that pulltab series by the manufacturer. The series number 

will be place upon the flare by the manufacturer prior to the series being sold to an operator.

11-13.05 BUSINESS RESTRICTIONS 

(1) No licensee shall buy, receive or otherwise obtain any Punch board, pulltab, related equipment, or 

merchandise or prizes to be awarded in connection with such activities, except upon the basis of a cash 

transaction, nor shall any operator license any manufacturer or distributor or anyone connected 

therewith, to acquire any interest, including a security interest, in any such equipment or merchandise. 

A cash transaction shall include payment or payments by check: PROVIDED, that each check is 

presented for pay into the banking system by the end of the second business day following the day the 

check is written. 

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any particular brand or brands of gambling equipment to the exclusion of any other brand or brands of 

gambling equipment.

(3) No manufacturer or distributor, or his employee, shall directly or indirectly solicit, give, offer to, or 

receive from any licensee or any employee thereof any gifts, discounts, loans of money, premium, 

rebates, free merchandise of any kind, treats or services of any nature; nor shall any operator or 

employee thereof directly or indirectly solicit, receive from, or give or offer to any manufacturer or 

distributor, or his employee any gift, discount, loans of money, premium, rebates, free merchandise of 

any kind, treats or services of any nature whatsoever: PROVIDED, that nondiscriminatory discounts 

offered to all parties on the same condition shall be licensed.

(4) No manufacturer, distributor, or distributors representative shall sell to any person upon the 

reservation, or solicit from any such person, and order for any gambling or related equipment, 

merchandise, property or service, contingent upon that person or another purchasing or ordering any 

other gambling or related equipment, merchandise, property or service, shall not vary upon whether or 

not that person, or another, purchases or orders some other equipment, merchandise, property or 

service.

(5) No person shall enter an agreement, express or implied, with any other person which requires any 

person to purchase exclusively from any person. 

SECTION 11-14: RECORDS 

11-14.01 RECORDS – BINGO AND LOTTERY

The Tribe, or any agency or department of the Tribe, when operating a bingo game, lottery or other 

gaming activity shall keep and maintain a set of permanent records of all the activities. These records 

shall be kept by the month and shall include but not necessarily be limited to the following: 

(1) The gross receipts from the conduct of each of the activities licensed. 

(2) Full details of all the expenses relating to each of theactivities.

(3) Total Amount of cash prizes actually paid out and the total of:

(A) The cost of the Tribe or licensee, and

(B) The total estimated retail value of all merchandise prizes actually paid out. 

(4) Total amount of the gross receipts from each licensed activity which has been retained by the 

licensee or Tribe.

(5) Records which clearly show in detail how those proceeds from each activity were used or disbursed by 

the licensee or Tribe.

(6) All compensation, in whatever form, paid to any person by the licensee or the Tribe for any work 

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(7) Each of these records shall be maintained for a period of not less than 5 years from the end of the fiscal 

year for which the records are kept unless released by the Tribe from this requirement as to any 

particular records. 

11-14.02 CENTRAL ACCOUNTING SYSTEM REQUIRED - ALL OTHER GAMBLING

Each licensee shall establish and maintain a central accounting system in a form prescribed by the Board 

for all activities conducted in conjunction with gambling. Licensees shall obtain accounting forms which 

have been approved by the Board or machine copies of such forms. Every licensee is required to keep 

accurate and detailed records of all receipts from admission, food, merchandise or refreshment for not less 

than three (3) years from the end of the fiscal year for which the record is kept unless released by the Board 

for this requirement as to any particular records. Such system shall contain, but not be limited to, the 

following items:

(1) There shall be adequate personnel and physical areas to provide for the following minimum 

separation of duties: 

(A) A banker, cashier, or count room to handle the original bankroll, provide coin and/or chips to the 

games and redeem chips and cash checks for the players;

(B) A runner to transport money, chips and lockboxes between stations.

(C) Pit bosses, each of whom shall supervise the operation of not more than six gambling stations 

and who shall supervise the transfer of lockboxes and chips/change trays to the count room; 

(D) An area for the counting of money which is segregated from the area in which gambling is 

conducted. All money received in connection with gambling shall be brought to this area for 

counting. Once any such money has been brought to this area, three persons shall be assigned to 

the count area with a minimum of two in the counting area at all times.

(2) The beginning bankroll shall be verified by at least two persons who shall sign such verification.

(3) There shall be documentation containing verifying signatures for the transfer of money between any 

two stations.

(A) All count/fill slips shall be used sequentially, VOIDED count/fill slips will be signed by two 

persons and retained with accounting records. 

(B) ALL UNUSED count/fill slips shall be retained along with other count/fill slips for accounting 

records. 

(4) All games shall be numbered and provided with lockboxes and money paddles. The money paddle 

shall remain in the lockbox slot whenever it is not in use. The money slot of the lockbox shall not 

exceed three and one-half (3 1/2) inches in length and one-half (1/2) inch in width. 

(5) The keys to all lockboxes are to be kept in the count room at all times and the lockboxes are to be 

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(6) All games are to be played using coin or chips and all currency tendered by the players shall be 

exchanged for coin or chips and immediately placed in the lockbox by the dealer.

(7) All money and chips shall be transferred to the count room at the end of the day for final tabulation, 

reconciliation, and verification.

(8) The final tabulation and reconciliation shall be verified by at least three (3) count room personnel 

who shall sign such verification.

(9) Access to the count room and the bankers and/or cashier's areas shall be restricted to the persons 

assigned to those functions and to the runner(s) who transport money or chips to or from those 

stations.

(10) Records shall provide sufficient detail to determine the net receipts of each activity conducted. 

(11) The records shall contain a reconciliation of the ending cash on hand to net receipts.

11-14.03 INSPECTION OF PREMISES, RECORDS AND DEVICES 

All premises at which a licensed activity takes place, or any premises in any way connected physically or 

otherwise with a licensed business, including vehicles used in connection therewith, shall at all times by 

open to inspection by the Board or its authorized representatives. 

At any time during which a licensed activity is being operated upon a premises, the Board and any 

authorized representative of the Board, may enter upon the premises without advance notice and: 

(1) Make a count of all moneys received during the operation of the licensed activity located on the 

premises, inspect all receipts for prizes which have been awarded by the licensee.

(2) Inspect any of the other records of the licensee, or of any member that directly participates in the 

management, operation or promotion of a licensed activity, or of any employee of the licensee, or of 

any operator of the licensed activity.

(3) Inspect, including the dismantling of, all pieces of equipment or parts thereof, or devices of any 

nature, which are being used to conduct the licensed activity.

(4) When the Board or its authorized representative discovers facts that leads it to believe that there is a 

reasonable probability that Tribal law has been or is being violated by the licensee or its employees or 

operators, remove to another location or locations for further inspection and investigation, any and all 

records and any and all equipment, parts thereof, and devices of any nature located upon the premises 

related to the operation of the licensed activity.

(5) Monitoring all gaming activities in facilities to ensure compliance with all Tribal, state and federal laws, 

rules and regulations regarding Indian gaming, through physical and recorded electronic surveillance 

methods, with sufficient number(s) of onsite personnel. Limited exceptions to monitoring include ensuring 

recorded surveillance coverage with appropriate documentation while personnel are outside the monitoring 

room to address an issue while in the same gaming location or a brief emergency situation in which 

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management.

(6) All receipts shall be issued to the licensee of the activity which shall list and describe each record and 

each piece of equipment, or part thereof, and device which has been removed from the premises. Each 

such record, piece of equipment, part thereof, and device so removed shall be returned to the premises 

or to the address of the licensee within seventy-two (72) hours, except Saturdays, Sundays, and Tribal 

legal holidays after its removal in as good a condition as it was in when removed, unless the Board 

determines that the record, equipment or device so removed are necessary for an ongoing investigation 

of possible violation of this Ordinance by the licensee or its employees or operators. The Board shall 

notify the licensee by certified mail of this determination. 

11-14.04 ALL RECORDS SUBJECT TO TRIBAL AUDIT 

Any and all records of a licensee, its employees, any of its members that directly participate in the 

management, operation or promotion of a licensed activity, or any operator of a licensed activity, including 

but not limited to, those which are required to be kept or which relate in any manner to any requirement of 

state law or of a rule of the Tribe, shall be subject to an audit by the Board or any of its authorized 

representatives, without notice:

PROVIDED, that unless otherwise provided elsewhere in these rules, such an audit must be begun between 

the hours of 8:00 AM and 5:00 PM on a week day other than a holiday, or during the hours in which the 

activity is being actually operated, and performed upon the premises of the licensee where the records are 

located. 

In the event of audit by the Board, or any of its authorized representatives, the licensee shall immediately 

provide all such records, provide a place where such audit may be performed and rendered such reasonable 

assistance to the Board and its representatives in inspecting such records as may be requested. 

SECTION 11-15: MANAGEMENT CONTRACTS 

11-15.01 TRIBAL APPROVAL REQUIRED 

(1) Any management contract for the operation and management of Class II and Class Ill gaming 

activity must be submitted to the Tribe for approval, but, before approving such contract, the Tribe 

shall require and obtain the following information: 

(A) the name, address, and other additional pertinent background information on each person or entity 

(including persons comprising such entity) having direct financial interest in, or management 

responsibility for, such contract, and, in the case of a corporation, those individuals who serve on 

the board of directors of such corporation and each of its stockholders who hold (directly or 

indirectly) 10 percent or more of its issued and outstanding stock; and

(B) a description of any previous experience that each person listed pursuant to subsection 1(A) has 

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including specifically the name and address of any licensing or regulatory agency with which

such person has had a contract relating to gaming; and 

(C) a complete financial statement of each person listed pursuant to subsection 1(A). 

(2) Any person listed pursuant to subsection 1(A) shall be required to respond to such written or oral 

questions that the Tribe may propound in accordance with its responsibilities under this section. 

(3) For purposes of this Ordinance, any reference to the management contract described in Section 11- 

15.01(1) shall be considered to include all collateral agreements to such contract that relate to the 

gaming activity.

(4) After the Tribe has given its approval of a management contract, the Tribe shall submit such contract to 

the NIGC for its approval. No such contract shall be valid and operational until the NIGC has approved 

it.

(5) In making the determination to approve management contracts, when the Tribe has submitted 

competing bids or proposals involving gaming wherein the bids or proposals will provide substantially 

the same return to the Tribe and its membership, the Tribe shall give preference to tribal members and 

cooperative associations of Tribal members over non- Tribal members. Further, preference will be 

given to non-member Indians and cooperative associations of non-member Indians over non-Indians. 

11-15.02 APPROVAL OF MANAGEMENT CONTRACTS

The Tribe shall approve any management contract only if it determines that such contract is in compliance 

with the provisions of this Gaming Ordinance, and provides at least: 

(1) for adequate accounting procedures that are maintained, and for verifiable financial reports that are 

prepared, by or for the Tribe on a monthly basis;

(2) for access to the daily operations of the gaming to appropriate tribal officials who shall also have a 

right to verify the daily gross revenues and income made from any such tribal gaming activity;

(3) for a minimum guaranteed payment to the Tribe that has preference over the retirement of 

development and construction costs;

(4) for an agreed ceiling for the repayment of development and construction costs;

(5) for a contract term not to exceed five years, except that, the Tribe may authorize a contract term that 

exceeds five years but does not exceed seven years if the Tribe is satisfied that the capital investment 

required, and the income projections, for the particular gaming activity require additional time;

(6) for grounds and mechanisms for terminating such contract, but actual contract termination shall not 

require the approval of the Tribe; and 

(7) for preference to tribal members and non-member Indians in hiring of employees for the gaming 

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(8) A designated agent for service of any official determination, order or notice of violations.

11-15.03 PERCENTAGE OF NET REVENUE FEES

(1) A management contract providing for a fee based upon a percentage of the net revenues of a tribal 

gaming activity may be approved by the Tribe if such percentage fee is reasonable in light of 

surrounding circumstances. Except as provided in this section, such fee shall not exceed 30 percent of 

the net revenues.

(2) The Tribe shall approve a management contract providing for a fee based upon a percentage of the 

net revenues of a tribal gaming activity that exceeds 30 percent but not 40 percent of the net 

revenues if the Tribe is satisfied that the capital investment required, and income projections, for 

such tribal gaming activity require the additional fee, and such contract is otherwise in compliance 

with this Gaming Ordinance. 

11-15.04 CONTRACT DISAPPROVAL 

The Tribe shall not approve any contract if it determines that: 

(1) Any person listed pursuant to Section 11-15.01(1)(A) who

(A) has been or subsequently is convicted of any felony relating to a gaming offense; or 

(B) has knowingly and willfully provided materially important false statements of information to the 

Tribe or the tribal officials who negotiate such contracts or has refused to respond to questions 

propounded pursuant to Section 11-15.01(2); or 

(C) has been determined to be a person whose prior activities, criminal record if any, or reputation, 

habits, and associations pose a threat to the public interest or to the effective regulation and control 

of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and 

activities in the conduct of gaming or the carrying on of the business and financial arrangements 

incidental thereto; 

(2) The management contractor has, or has attempted unduly to interfere or to influence for its gain or 

advantage any decision or process of tribal government relating to gaming activity;

(3) The management contractor has deliberately or substantially failed to comply with the terms of the 

management contract or the provisions of this Ordinance or any regulations adopted pursuant to this 

Ordinance of the Indian Gaming Regulatory Act.

11-15.05 MODIFYING OR VOIDING CONTRACT

The Tribe shall have the authority to require appropriate contract modifications or may void any contract if it 

subsequently determines that any of the provisions of this Ordinance have been violated. 

11-15.06 CONVEYING INTEREST IN LAND

No management contract for the operation of a gaming activity regulated by this Ordinance shall 

transfer or, in any other manner, convey any interest in land or other real property, unless specific 

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11-15.07 FEE FOR INVESTIGATION COST

The Tribe may require a potential contractor to pay a fee to cover the cost of the investigation necessary to 

reach a determination required in Section 11-15.04 of this Ordinance. 

 SECTION 11-16: PATRON DISPUTE RESOLUTION

11-16.01 PATRON DISPUTE RESOLUTION 

Patrons with gaming-related complaints against the gaming establishment shall have as their sole remedy the 

right to file a petition for relief with the Board. Such complaints shall be submitted in writing. This petition 

for relief is not available to patrons known to be excluded or ejected from the gaming establishment on the 

date of the incident giving rise to the complaint, nor for the review or appeal of any exclusions or ejections 

of patrons as referenced under SECTION 11-19 herein. As to all gaming-related complaints, the Board shall 

hold a hearing within thirty (30) days of receipt of the petitioner’s written complaint. The petitioner may 

have counsel present at the hearing. The petitioner may be allowed to present evidence at the discretion of 

the Board. After the hearing, the Board shall render a decision in a timely fashion. All such decisions will be 

final when issued. Any patron complaint must be submitted to the Board within thirty (30) days of the 

incident giving rise to the complaint. All claims by patrons shall be limited to a maximum recovery of 

$100.00 per occurrence, and a cumulative limit of $500.00 per patron in any twelve (12) month period, 

except disputes relating to a patron’s entitlement to a game prize, which shall be limited to the amount of 

such prize. The Board’s decision shall constitute the complainant’s final remedy. 

SECTION 11-17: ENFORCEMENT

11-17.01 ENFORCEMENT 

All provisions of this Ordinance, and any regulations that may be developed, shall be enforced by the 

Kalispel Tribal Police or law enforcement agency so authorized by a joint law agreement between the 

agency and the Tribe.

All persons who operate an activity, pursuant to a license issued under this Ordinance shall be subject to 

inspection of the premises in which the activity takes place and all equipment involved by the Kalispel 

Tribal Police. Acceptance of the license is hereby deemed to be consent of the licensee to an inspection 

without notice of his premises and/or equipment without the need of obtaining a Search Warrant. 

Failure to cooperate with the Kalispel Tribal Police officer or an officer designated through a joint 

agreement between the Tribe and an outside law enforcement agreement who is engaged in the 

enforcement of this Ordinance shall be grounds for the revocation of any license issued hereunder. When 

an authorized law enforcement officer has probable cause to believe that a violation of this Ordinance is 

taking place or has taken place the police officer shall issue the licensee a citation. If the licensee is not 

present, the citation shall be issued to the operator or employee present. All citations shall be referred to 

Tribal Court, and a duplicate copy delivered to the Board. 

The Board upon receipt of any citation may act to suspend a licensee pending final action by the 
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Kalispel Tribal Court. 

SECTION 11-18: PENALTIES

11-18.01 PENALTIES 

Any person, operator, player, employee of any licensee or the Tribe who violates any provision of this 

Ordinance or regulation adopted hereunder, shall be subject to a fine of $5000 dollars or imprisonment of 

not to exceed one (1) year, or both as well as cost for prosecution, storage fees, auction and sales fees. 

Each day that a violation continues shall be considered a separate offense of purposes of this section. All 

property used or which may be used in activities in each and every separate violation of this Ordinance may 

become the property of the Tribe. Establishments violating the provisions of this Ordinance or other 

applicable laws may be forcibly closed, at the discretion of the Board. Issuance, suspension, revocation, 

limitations, or termination of any license is determined by the Board and such determination is final. 

Winnings found to have been received in violation of this Ordinance are forfeited and become the property 

of the Tribe. 

SECTION 11-19: EXCLUSION OR EJECTION FROM ESTABLISHMENTS

11-19.01 REGULATIONS REQUIRING EXCLUSION OR EJECTION OF CERTAIN PERSONS 

FROM LICENSED ESTABLISHMENTS

(1) The exclusion or ejection (also referred to as a “trespass “or “barring”) of certain persons from 

licensed gaming establishments is necessary to effectuate the policy of this Ordinance, as well as other 

applicable law, and to maintain effectivelythe strict regulation of licensed gaming.

(2) The Tribal Gaming Authority may establish a list of persons who are to be permanently excluded 

or ejected from any licensed gaming establishment, as determined by the Kalispel Tribal Council or 

Tribal Gaming Authority, to pose a threat to the interests of the Tribe or to licensed gaming, or both. 

(3) Individuals who are excluded by the Kalispel Tribal Council under the provision of Chapter 5 of 

the Kalispel Tribe Law and Order Code (“KLOC”), may petition the Kalispel Tribal Council for 

review of their exclusions. Agents with the Tribal Gaming Authority shall have the sole authority 

to eject individuals from licensed gaming establishments. Such ejections shall be permanent 

subject to review only by the Executive Director of the Tribal Gaming Authority or the Executive 

Director’s Designee. If the decision is made to modify or rescind a permanent ejection, notice shall 

be provided to the ejected individual by certified mail. There shall be no appeal by any individual 

of an ejection issued by the Tribal Gaming Authority; said decisions are final and binding. 

SECTION 11-20: AMENDMENTS AND SEVERABILITY

11-20.01 AMENDMENTS

All provisions of this Ordinance and any regulations promulgated hereunder are subject to revision, repeal, 

or amendment by the Tribal Council at any time. 

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11-20.02 SEVERABILITY 

If any provision or application of this Ordinance 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 provisions of this Ordinance.