SEP 2 6 1997 

Glen Nenema 

chairman Kalispel ~ribe of Indians 

P.O. Box 39 

Usk, Washington 99180 

Dear Chairman Nenema: 

This letter responds to your request to review and approve 

the tribal gaming ordinance, ~esolution No. 1997-38, adopted on 

June 25, 1997, by the Kalispel Business Committee. This letter 

constitutes such approval under the Indian Gaming Regulatory Act 

(IGRA) . 

Under the IGRA and the regulations of the National Indian 

Gaming Commission (NIGC), the chairman is directed to review, 

ordinances with respect to the requirements of the IGRA and the 

implementing regulations. Thus, the scope of the Chairman's 

review and approval is limited to the requirements of the IGRA 

and the NIGC regulations. ~rovisions other than those required 

under the IGRA or the NIGC regulations that may be included in a 

tribal ordinance are not subject to review and approval. Also, 

such approval does not constitute approval of specific games. It 

is important to note that the gaming ordinance is approved for 

gaming only on Indian lands as defined in the IGRA. 

With the chairman's approval of the Tribe's gaming 

ordinance, the Tribe is now required to conduct background 

investigations on its key employees and primary management 

officials. The NIGC expects to receive a completed application 

for each key employee and primary management official pursuant to 

25 C.F.R. § 556.5(a) and an investigative report on each 

background investigation before issuing a license to a key 

employee or primary management official pursuant to 25 C.F.R. § 

556.5 (b) . 

Thank you for submitting the ordinance of the Kalispel ~ribe 

of Indians for review and approval. The NIGC staff and I look 

forward to working with you and the Tribe in implementing the 

IGRA. 

sincerely yours, 

*.' 

--r / ,-'/;! ' I 

; ,! 

! 7 ,.y;./ I;? ,J/ ; \, i; 

.' / -L., ".L ! : ,, > j,;?,? j .+ ! , . : 

Tadd M. Johnson 

Chairman 

.- ... 

-. - .- . .- 1441 L STREET. N.W. 9TH FLOOR WASHINGTON, D.C. 20005 -- EL.: 202-E2-7003 FAX: 202-632-7066 . 
KALISPEL RESOLUTION NO. 1997-3 

KALISPEL TRIBE OF INDIANS 

RESOLUTION 

WHEREAS, the Kalispel Business Committee is the duly constituted Governing 

Body of the Kalispel Tribe by authority of the Constitution and ByLaws of the Kalispel Tribe; and, 

WHEREAS, under the Constitution and By-Laws of the Tribe, the Kalispel 

Business Committee is charged with the duty of protecting the 

health, security and general welfare of the Kalispel Tribe and all 

Reservation residents; and, 

WHEREAS, the gaming industry is vitally important to the economy of the Tribe 

and general welfare of the Tribal members; and, 

WHEREAS, public confidence and trust can only be maintained by strict 

regulation of all persons, locations, practices, and activities 

related to the operation of licensed gaming establishments; 

WHEREAS, the Kalispel Business Committee finds that a gaming ordinance is 

in the best interests of the Kalispel Tribe. 

NOW, THEREFORE, BE IT RESOLVED: that the Kalispel Business Committee 

adopts the attached Kalispel Tribe Amended Gaming Ordinance as 

Chapter 11 of the Kalispel Law and Order Code. 

CERTIFICATION 

The foregoing RESOLUTION was adopted by the Kalispel 

Business - Committee at a meeting held on the& day of 

dune , 1997 at the Tribal Office on the Kalispel Indian 

Reservation near Usk, Washington, with the required 

quorum present by a vote of 3 FOR and a AGAINST. 

I I 

GLEN NENEMA, 'CHAIRMAN CURT HOLMES, SECRETARY 

KALISPEL BUSINESS COMMllTEE KALISPEL BUSINESS COMMllTEE 

(TERM EXPIRES JUNE 1999) (TERM EXPIRES JUNE 2000) 

BOX 39 USK, WA 991 80 PHONE (509) 445-1 147 FAX (509) 445-1 705 
CHAPTER 11 

KALISPEL TRIBE AMENDED GAMING ORDINANCE 

SECTION 1 1 - 1 : PURPOSE OF THIS ORDINANCE 

1 1 - 1.0 1 PURPOSE 

The purposes of this ordinance are: 

A. To provide a new and continuous source of revenue to the Tribe for the 

Tribe's governmental needs; 

B. To insure the proper regulation and operation or authorizes amusement 

games and gambling; 

C. To allow Tribal members and guests to participate in certain forms of 

amusement games and gambling; 

D. To provide for the social welfare and protection of Tribal members and all 

others who reside within or who may pass through the reservation; 

E. 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 1 1-2: PUBLIC POLICY 

1 1-2.01 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. 

SECTION 1 1-3: DEFINITIONS 

1 1-3.0 1 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: 

A. "Adjusted gross receipts" shall be computed according to the following formula: 

Gross receipts minus total moneys expended for prizes and operators' salaries. 
B. "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 (E) below. 

C. "Board" means the Kalispel Tribal Gaming Board, including its designated 

agents. 

D. "Class I Gaming" means social games played solely for prizes of minimal value 

or traditional fonns of Indian gaming engaged in by individuals as a part of, or in connection 

with, tribal ceremonies or celebration. 

E. "Class I1 Gaming" means 

1. the game of chance commonly known as bingo (whether or not electronic, 

computer, or other technological aids are used): 

a. which is played for prizes, including monetary prizes, with cards bearing 

numbers or other designations; 

b. in which the holder of the card covers such numbers or designations when 

objects, similarly numbered or designated, are drawn or electronically determined; and 
c. in which the game is won by the first person covering a previously 

designated arrangement of numbers or designations on such cards, including (if played in the 

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

bingo, and; 

2. card games that are 

a. explicitly authorized by laws of the State of Washington, or 

b. 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 

wagers or pot sizes in such card games. 

3. The term "class I1 gaming" does not include 

a. any banking card games, including baccarat, chemin de fer, or blackjack 

b. electronic or electromechanical facsimiles of any game of chance or slot 

machines of any kind. 

4. Notwithstanding any other provisions of this section, the term "class I1 

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. 
F. "Class I11 Gaming" means all forms of gaming that are not Class I gaming or 

Class I1 gaming. Class 111 gaming includes, but is not limited to, 

1. Any house banking game, including but not limited to 

a. Card games such as baccarat, chemin de fer, blackjack (21), and 

pai gow (if played as house banking games); 

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

2. Any slot machines as defined in 15 U.S.C. Sec. 1 171(a)(l) and electronic 

or electromechanical facsimiles of any game of chance. 

3. Any sports betting and pari-mutual wagering including but not limited to 

wagering on horse racing, dog racing or jai alai; or 

4. Lotteries. 

G. "Council" means the Kalispel Business Committee of the Kalispel Indian 

Reservation. 

H. "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. 

I. "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. 

J. "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 allocable expense or loss during the same period of time. 

K. "Immediate family" means and is limited to, the subject individual's spouse, 

children, and parents----adopted or biological. 

L. "Indian Land" means 

1. Any lands located within the exterior boundaries of the Kalispel Indian 

Reservation; and 

2. 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 

3. Any lands title to 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. 
M. "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. 

N. "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: 

(1) Listening to or watching a television or radio program or 

subscribing to a cable television service; 

(2) 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; 

(3) Sending a coupon or entry blank by mail to a designated address in 

connection with a promotion conducted in the State of Washington; 

(4) Visitation to any business establishment to obtain a coupon or 

entry blank; 
(5) Mere registration without the purchase of any goods or services; 

(6) Expenditure of time, thought, attention or energy in pursuing 

promotional material; 

(7) Placing or answering a telephone call in a prescribed manner or 

otherwise making a prescribed response or answer; or 

(8) 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 product handwritten on it is acceptable in lieu thereof. 

0. "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 regardingz 

the gaming activity. 

P. "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. 

Q. "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. 
R. "Person" means any association, partnership, corporation, firm, co-operative or 

other forms of business entity, as well as a natural person. 

S. "Premises" means land together with all buildings, improvements, fixtures, and 

personal property located thereon. 

T. "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 activity, the 

chief financial officer or other person who has financial management responsibility. 

U. "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. 

V. "l'unch 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. 

W. "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. 
X. "Reservation" means the Kalispel Indian Reservation. 

Y. "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. 

Z. "Tribe" and "Tribal" refer to the Kalispel Indian Tribe of the Kalispel Reservation. 

AA. "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 I11 gaming 

activities on Indian lands. 

SECTION 1 1-4: AUTHORIZED ACTIVITIES 

1 1-4.01 AUTHORIZED ACTIVITIES 

The Kalispel Tribe may operate or authorize Class I1 and Class I11 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 I11 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. 

1 1-4.02 LICENSE REOUIRED 

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. 

The Board shall construct, maintain and operate a gaming facility in a manner that 

adequately protects the environment and the public health and safety. 

1 1-4.03 TRADITIONAL INDIAN GAMES 

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

gaming within the meaning of this ordinance. 

SECTION 1 1-5: RULES OF CONSTRUCTION 

1 1-5.01 RULES OF CONSTRUCTION 

In this title, unless otherwise specifically provided: 

A. The masculine includes the feminine; 

B. The singular includes the plural; 

C. "Includes" or "including" are not limiting; and 

D. "Or" is not exclusive. 

SECTION 1 1-6: ADMINISTRATION 

J1-6.01 KALISPEL TRIBAL GAMING BOARD ESTABLISHED 

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

Tribal Council, is hereby created. 

11 -6.02 OWNERSHIP - REVENUES TO BENEFIT TRIBE 

The Tribe shall have the sole proprietary interest in, and the sole responsibility for the 

conduct of the gaming activity. 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. Net revenues will go entirely to the Tribe and will be used 

solely for the following purposes: 

A. to fund tribal government operations or programs; 

B. to provide for the general welfare of the Tribe and its members; 

C. to promote tribal economic development; 

D. to donate to charitable organizations; or 

E. or 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. 

1 1-6.03 LICENSING POWERS 

A. The provisions of this Ordinance with respect to Tribal gaming licenses must be 

administered by the Board or its designated agent for the protection of the public and in the 

public interest in accordance with the policy of the Kalispel Tribe. 

B. 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: 

1. Printing and making available application forms for initial and renewal 

licenses, as well as any other necessary forms required by this Ordinance; 

2. Supervising the collection of all fees and taxes prescribed in this 

Ordinance; 
3. Processing all license applications and tax returns; 

4. Issuing licenses; 

5. Determining applicable license fees; 

6. Auditing all returns; 

7. 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. 

8. 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. 

9. The Board and their agents may: 

a. Inspect and examine all premises wherein gaming is conducted. 

b. Inspect all equipment and supplies in, upon or about such 

premises. 

c. Summarily seize and remove from such premises and impound any 

equipment or supplies for the purpose of examination and inspection. 
d. 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. 

e. 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. 

10. 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. 

1 1-6.04 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 effect 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: 

A. Correspond with the National Indian Gaming Commission and do whatever is 

necessary to complete compliance with the rules and regulations of that agency. Specifically, the 

Board shall arrange for an annual outside audit of authorized gaming and will provide a copy to 
the National Indian Gaming Commission. The audits will include all gaming related contracts 

resulting in expenditures of $25,000 or more in any year, except for professional legal and 

accounting services; 

B. Assure that all gaming activity is conducted in a manner which adequately 

protects the environment and the public health and safety; 

C. Proscribe an adequate system which ensures that background investigations are 

conducted on all primary management officials and key employees of any Gaming establishment 

and that oversight of such officials and their management is conducted on an ongoing basis. The 

Board shall immediately notify the National Indian Gaming Commission of the issuance of such 

licenses. The Board will review all applications and background investigations to ensure that no 

person shall be eligible for employment 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 National Indian Gaming Commission of the results of such 

background checks before the issuance of such licenses; 

D. Recommend the hiring such professional, clerical, technical, and administrative 

personnel as may be necessary to carry out the provisions of this Ordinance; 

E. 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; 
F. Review all records, documents, and anything else necessary and pertinent to 

enforcement of any provisions of this Ordinance. 

1 1-6.05 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. 

1 1-6.06 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. 

1 1-6.07 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 of the Kalispel Tribe of Indians. 

1 1-6.08 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. The 
Board shall keep and maintain a file of all applications for licenses under this ordinance, together 

with a record of all action taken with respect to such applications. The Board shall keep and 

maintain such other files and records as they may deem desirable and all such records may be 

open to public inspection as they may deem appropriate; provided, that the annual Board budget 

shall be made available to any tribal member upon demand. 

1 1-6.09 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 

A. The following notice shall be placed on the application form for a key employee 

or a primary management official before that form 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 employed in a gaming operation. 

The information will be used by National Indian Gaming Commission 

members and staff who have need for the information in the performance of 

their official duties. The information may be disclosed to appropriate 

Federal, Tribal, State, local or foreign law enforcement and regulatory 
agencies when relevant to civil, criminal or regulatory investigations or 

prosecutions or when pursuant to a requirement by a tribe or the National 

Indian Gaming Board in connection with the hiring or firing of an employee, 

the issuance or revocation of a gaming license, or investigations of activities 

while associated with a tribe or a gaming operation. Failure to consent to the 

disclosures indicated in this notice will result in a tribe's being unable to hire 

you in a primary management official or key employee position. 

The disclosure of your Social Security number (SSN) is voluntary. 

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

application. 

A false statement on any part of your application may be grounds for 

not hiring you, or for firing you after you begin work. Also, you may be 

punished by a fine or imprisonment. (U.S. Code, title 18, section 1001.) 

Existing key employees and primary management officials shall complete a new 

application form that contains the above notice or sign a statement that contains the above notice 

and consent to the routine uses described therein. 

1 1-7.02 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. 

1 1-7.03 BACKGROUND INVESTIGATIONS 

A. The Board shall request from each primary management official and from each 

key employee all of the following information: 

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

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

2. Currently and for the previous 5 years: business and employment 

positions held, ownership interests in those businesses, business and residence addresses, and 

drivers license numbers; 

3. The names and current addresses of at least three personal references, 

including one personal reference who was acquainted with the applicant during each period of 

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

4. Current business and residence telephone numbers; 

5. A description of any existing and previous business relationships with 

Indian tribes, including ownership interests in those businesses; 

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

gaming industry generally, including ownership interests in those businesses; 

7. The name and address of any licensing or regulatory agency with which 

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

license or permit was granted; 
8. 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; 

9. For each misdemeanor conviction or ongoing misdemeanor prosecution 

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

address of the court involved and the date and disposition; 

10. For each criminal charge (excluding minor traffic charges), whether or not 

there is a conviction, if such criminal charge is within 10 years of the date of the application and 

is not otherwise ljsted pursuant to paragraph A(8) or A(9) of this section, the criminal charge, the 

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

1 1. 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; 

12. A current photograph; 

13. Any other information the Board deems relevant; and 

14. Fingerprints consistent with procedures adopted by the Board, according 

to 25 C.F.R. Sec. 522.2(h). Fingerprints shall be taken by a tribal law enforcement official and 

submitted to the National Indian Gaming Commission for processing through the Federal Bureau 

of Investigations. 

B. The Board or its designated agent, Nighthawk Services, a limited liability security 

corporation from Lapwai, Idaho, shall conduct an investigation sufficient to make a 

determination under Section 1 1-7.04 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. 

C. If the National Indian Gaming Commission 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 

1 1-7.06 below. 

1 1-7.04 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 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 in a key employee or primary management official position. 

11- 7 .O 5 TEMPORARY EMPLOYMENT 1,ICENSES 

The Board may issue a temporary employment license to any person or entity 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. 
1 1-7.06 PROCEDURES FOR FORWARDING APPI ,ICATIONS AND REPORTS FOR 

KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS TO THE NATIONAL 

INDIAN GAMING COMMISSION 

A. When a key employee or primary management official begins work at a gaming 

operation authorized by this ordinance, the Board shall forward to the National Indian Gaming 

Board: 

1. A completed application for employment containing the information listed 

in 1 1-7.03 of this section, as well as the notices contained in 1 1-7.0 1 ; 

2. Conduct a background investigation as set forth above to determine the 

eligibility of the key employee or primary management official for continued employment in a 

gaming operation. 

B. Upon completion of a background investigation and a determination of eligibility 

for employment in a gaming operation, the Board shall forward the report referred to in Section 

1 1-7.07(A) to the National Indian Gaming Commission within 60 days after an employee begins 

work or within 60 days of the approval of this ordinance by the Chairman of the National Indian 

Gaming Board. 

C. A gaming operation shall not employ as a key employee or primary management 

official a person who does not have a license after 90 days. 

D. During a 30-day period beginning when the National Indian Gaming Commission 

receives a report submitted under paragraph B above, the Chairman may request additional 

information from a tribe concerning a key employee or a primary management official who is the 
subject of a report. Such a request shall suspend the 30-day period until the Chairman receives 

the additional information. 

1 1-7.07 REPORT TO THE NATIONAL INDIAN GAMING COMMISSION 

A. Pursuant to the procedures set out in Section 1 1-7.06 of this section, the Board 

shall prepare and forward to the National Indian Gaming Commission an investigative report on 

each background investigation before issuing a license to a primary management official or to a 

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

1. Steps taken in conducting a background investigation; 

2. Results obtained; 

3. Conclusions reached; and 

4. The basis for those conclusions. 

B. The Board shall submit, with the report, a copy of the eligibility determination 

made under Section 1 1-7.04 of this section. 

C. If a license is not issued to an applicant, the Board 

1. Shall notify the National Indian Gaming Commission; and 

2. May forward copies of its eligibility determination and investigative report 

(if any) to the National Indian Gaming Commission for inclusion in the Indian Gaming 

Individuals Records System. 

D. With respect to key employees and primary management officials, the Board shall 

retain applications for employment and reports (if any) of background investigations for 

inspection by the Chairman of the National Indian Gaming Commission or his or her designee 

for not less than three (3) years from the date of termination of employment. 
1 1-7.08 GRANTING A GAMING LICENSE 

A. If, within the thirty (30) day period referred to in 1 1-7.06(D) above, the National 

Indian Gaming Commission notifies the Board that it has no objection to the issuance of a 

license pursuant to a license application filed by a key employee or a primary management 

official for whom the Board has provided an application and investigative report to the National 

Indian Gaming Commission, the Board may issue a license to such applicant. 

B. The Board shall respond to a request for additional information from the 

Chairman of the National Indian Gaming Commission concerning a key employee or a primary 

management official who is the subject of a report. Such a request shall suspend the 30-day 

period under paragraph A of this section until the Chairman of the National Indian Gaming 

Board receives the additional information. 

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

Board provides the Board with a statement itemizing objections to the issuance of a license to a 

key employee or to a primary management official for whom the Board has provided an 

application and investigative report to the National Indian Gaming Commission, the Board shall 

reconsider the application, taking into account the objections itemized by the National Indian 

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

applicant. 

1 1-7.09 LICENSE SUSPENSION 

A. If, after the issuance of a gaming license, the National Indian Gaming 

Commission receives reliable information indicating that a key employee or a primary 
management official is not eligible for employment under Section 11-7.04 above, the 

Commission shall notify the Kalispel Tribe. 

B. Upon receipt of the notification in paragraph A above, the Board shall suspend 

such license and shall notify in writing the licensee of the suspension and the proposed 

revocation. 

C. The Board shall notify the licensee of a time and a place for an informal hearing 

before the Board on the proposed revocation of a license. A right to a hearing shall vest only 

upon receipt of a license granted under an ordinance approved by the Chairman of the National 

Indian Gaming Commission. 

D. Ai'ter a revocation hearing, the Board shall decide to revoke or to reinstate a 

gaming license. 'The Board shall notify the National Indian Gaming Commission of its decision. 

SECTION 1 1-8: LICENSING PROCEDURE FOR GAMING OPERATION 

EMPLOYEES OTHER THAN KEY EMPLOYEES AND 

PRIMARY MANAGEMENT OFFICIALS 

1 1-8.0 1 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 1 1-7.01 of 

this Ordinance and all information requested in Section 1 1-7.03(A) 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, Nighthawk Services, shall conduct an investigation 

sufficient to make a determination under Section 1 1-8.02 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. 

1 1-8.02 ELIGIBILITY DETERMINATION 

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

record, if any, and reputation, habits and associations to make a finding concerning the eligibility 

of a person for en~ployment 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 detennination of the Board with regard to issuance, revocation, termination, 

suspension, or limitations of any employment license are final. 
SECTION 1 1-9: APPLICATION, LICENSING , AND REGULATION OF GAMING 

OPERATIONS 

1 1-9.01 APPJ,ICABILITY 

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

any of the activities authorized by this ordinance. 

1 1-9.02 LICENSE APPLICATION 

Any agency or department of the Tribe shall submit a request for a license to engage in 

any authorized activity. The request shall contain the following information: 

A. The complete name of the applicant. 

B. The name and address of the department or agency head and hisher position. 

C. For each person identified, provide the following information: 

1. The nature and extent of any interest in the applicant agency, or 

department. Identify specifically the extent of any financial managerial or control interest. 

2. Whether the person, any agency, or department has a substantial interest in 

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

D. The location of the proposed gambling area. 

E. Identify the type of activity for which the license is sought (e.g. bingo, lotteries, 

raffles, punch boards, pulltabs). 

F. 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. 
G. 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. 

H. 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: con~plete information and details with respect to the applicants 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. 

1 1-9.03 ELIGIBILITY FOR STATE LICENSE 

The Board shall deny a license for any person or entity 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. 

J 1-9.04 ASSESSMENT FEE 

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

the National Indian Gaming Commission as annually published in the Federal Register pursuant 

to 25 C.F.R. Sec. 5 14.1. 

j 1-9.05 PUBLIC INFORMATION REOUIRED 

All licensees prior to conducting any of the activities authorized by this ordinance shall 

first provide the following information which shall be publicly available: 

A. What particular activity will be conducted. 
B. When such activity will be conducted and the exact location where the activity 

will be conducted. 

C. 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. 

D. Any special limitations or considerations which may be applicable to the 

particular activity. 

1 1-9.06 LIMITATIONS 

No licensee shall hold more than one license to conduct bingo nor 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. 

11-9.07 ISSUANCE LIMITED 

The Board may limit the number or licenses issued to insure that the purposes of this 

ordinance are met. 

1 1-9.08 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 1 1 - 10: GAMING 

1 1-10.01 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 cany a life 

of twelve months or less, and shall expire on December 3 1 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. 

1 1-1 0.02 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 30 days prior to the 

expiration of the previous license period. 

1 1-10.03 NO RIGHT TO APPEAL 

The determination 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 hllest 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. 

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 1 1 - 1 1 : RULES OF OPERATION 
AND GENERAL APPLICABILITY 

11-1 1.01 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. 

1 1 - 1 1.02 SECURITY 

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

personnel are approved by the Board. 

Gaming or employment in gaming prohibited for persons under 2 1, except for bingo or as 

otherwise designated in a Tribal-State Compact: 

A. A person under the age of twenty-one (21) years shall not: 

1. Play, or be allowed to play, any licensed game. 

2. Loiter, or be licensed to loiter, in or about any room or premises wherein 

any licensed game is operated. 

3. Be employed as a gaming employee. 

B. Ally licensee, employee, dealer or other person(s) who violates or permits the 

violation of any of the provisions of this section and any person, under twenty-one (21) years of 

age, 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. 
C. In any prosecution or other proceeding for the violation of any of the provisions of 

this section, it is no excuse for the licensee, employee, dealer or other person to plead that he 

believes the person to be twenty-one (2 1) years old or over. 

1 1 - 1 1.03 CHEAT DEFINED 

As used in this Ordinance: ' 

A. Cheat means to alter the selection of criteria which determine: 

1. The result of a game; or 

2. The amount or frequency of payment in a game. 

1.1 - 1 1.04 FRAUDULENT ACTS 

It is unlawful for any person: 

A. 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. 

B. 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. 

C. 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. 

D. To use counterfeit chips in a gambling game. 

1 1-1 1.05 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. 

A. 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, en~ployees or agents is subject to criminal or civil liability: 

1. On account of any such questioning; or 

2. For reporting to the Board or Tribal law enforcement authorities the 

person suspected of the violation. 

B. 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 the circumstances. 

C. No licensee or his officers, employees or agents are entitled to the immunity from 

liability provided 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 GAMBLING 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. 
1 1-1 1.06 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. 

1 1-1 1.07 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. 

1 1-1 1.08 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. 

1 1-1 1.09 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 1 1 - 12: OPERATION OF BINGO GAMES 

11-12.01 BINGO PRIZES 

A. Bingo prizes shall consist of cash, merchandise or free bingo cards, or a 

combination thereof, but shall not consist of any alcoholic beverages. 

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

combination check and cash. 

C. 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: 

1) The full name of the winner; 

2) The current address of the winner; 

3) The date of the win; 

4) A description of the prize won; 

5 j If the prize is merchandise, its retail value; and 

6) The social security number of the winner. 

D. It shall be the responsibility of the operator to determine the identity of any 

winner if required by subsection (C). 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. 

E. A record of all information required by subsection C shall be kept by the licensee 

and the Board for a period of one year. 

1 1 - 12.02 DISCLOSURE OF PRIZES AND RULES 
A. 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. 

B. 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. 

C. 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. 

1 1- 12.03 PROHIBITED PRACTICES 

A. Bingo games shall not be operated upon a premises part of a retail sales or service 

business catering to the public except: 

1) 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 

2) When the business is closed to the public at all times during which the 

bingo games are conducted on the premise; or 
3) 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. 

4) Nothing in this subsection shall prohibit the sale of food or beverages to 

bingo game patrons. 

B. No person who is under the age of eighteen (1 8) 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. 

C. Notwithstanding (D), no person under the age of eighteen (1 8) years shall be 

allowed in the room or rooms where a bingo game is being conducted. 

D. Notwithstanding (C), (D) and (E), whenever alcoholic beverages are being sewetl 

in the same room in which a bingo game is being conducted, no one under the age of twenty-ont: 

(21) shall be allowed in the same room. 

E. No person visibly intoxicated or visibly under the influence of any narcotic shall 

be allowed to play or operate any bingo game. 

F. 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 operatiorl 

of or play in any bingo game or allowed to enter the room where a bingo game in being 

conducted. 

1 1-12.04 BINGO CARDS AND EQUIPMENT 

A. Bingo cards shall be sold, and paid for, only in advance for use in a specified 

game or specified number of games. 
B. All sales of bingo cards shall take place upon the premises and upon the occasion 

that the bingo garnes for which the card is being sold are being conducted. 

C. 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. 

D. 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. 

E. 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. 

F. 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. 

G. 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. 

H. The signature of the person or persons preparing the detailed daily record and the 

signature of the manager of the licensed activity of each occasion. 

SECTION 1 1-1 3: PUNCH BOARDS AND PULLTABS 
1 1 - 1 3.0 1 OPERATION 

A. No person under the age of twenty-one (2 1) 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. 

B. Notwithstanding (A), no one under the age of twenty-one (21) years shall be 

allowed in a room in which alcoholic beverages are being served. 

C. 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. 

D. 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 

or winning or losing upon the taking of any chance thereon. 

E. No licensee shall display any Punch board: 

1) 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 

2) Which has taped sides, corners, or edges. 

1 1-1 3.02 PRIZES 

A. 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. 
B. 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. 

C. 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 it's 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. 

D. 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. When a prize is cash, then the money itself shall not be displayed, but a 

coupon designating the cash amount represented thereby available to be won shall be substituted 

therefore in any display which also includes merchandise prizes. 

E. 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. 

F. 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. 

G. 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. 
H. 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. 

I. No licensee shall offer to pay cash in lieu of merchandise prizes which may be 

won. 

J. 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: 

1) The full name of the winner; 

2) The current address of the winner; 

3) The date of the win; 

4) A description of the prize won; and 

5) If the prize is merchandise, its retail value. 

K. It shall be the responsibility of the licensee to determine the identity of any winner 

if required by subsection (J) 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. 

L. Every licensee shall keep all necessary records required by subsection (J) and 

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

N. No operator shall put out for play any Punch board or pulltab game that does not 

contain the following minimum percentage in prizes: 

1) Punch boards - a minimum of sixty (60) percent respecting each Punch 

board placed out for public play; 

2) Pulltabs - a minimum of sixty (60) percent respecting each series of 

pulltabs out for play. 

3) 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. 

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

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

(11) A merchandise prize, or combination merchandise prize, for which 

the licensee has expended more than one thousand (1,000) dollars. 

1 1 - 13.03 SPECIAL LIMITATIONS ON PULLTABS 

A. 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. 

B. No pulltab shall be added to a series of pulltabs after that series has been received 

on the reservation. 
C. 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. 

D. No pulltab once placed out for public play shall be removed from play until the 

series is permanently removed from public play, except only: 

1) Those pulltabs actually played by customers; 

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

3) Those pulltabs temporarily removed during necessary repair or 

maintenance of the gambling facility. 

4) 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. 

E. No person shall put out any pulltab series for public play unless the entire series is 

initially put out for public play. 

F. No pulltab series shall be put out for public play which contains more than twelve 

thousand (1 2,000) individual pulltabs. 

G. 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. 

H. 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 pulltab from any series: 
1) In which the winning pulltabs have not been completely and randomly 

distributed and mixed among all other pulltabs in the series; or 

2) 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; 

3) 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. 

1 1 - 13.04 FLARES 

A. 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. 

B. The flare advertising prizes available from the operation of any Punch board or 

any series of pulltabs shall: 

1) 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; 

2) Clearly set out each of the prizes available and the number or symbol 

which wins prizes; 

3) 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. 

C. 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. 

1 1 - 13.05 BUSINESS RESTRICTIONS 

A. 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. 

B. No contract shall be made or entered into whereby an operator agrees to deal in, 

purchase, or operate any particular brand or brands of gambling equipment to the exclusion of 

any other brand or brands of gambling equipment. 

C. 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 non-discriminatory discounts offered to all parties on the same condition shall be licensed. 

D. No manufacturer, distributor, or distributor's 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. 

E. No person shall enter an agreement, express or implied, with any other person 

which requires any person to purchase exclusively from any person. 

SECTION 1 1-14: RAFFLES 

J 1-14.01 LICENSES 

A. Ally agency or department of the Tribe, may conduct a raffle on the reservation if 

an application for a license has been submitted to the Kalispel Tribal Gaming Board and the 

Board has granted the license. 

B. Each application shall contain: 

1) The complete name, address, and phone number, if any, of the applicant; 

2) If the applicant is a Tribal department or agency, the name, address, and 

phone number of the department or agency supervisor, director, manager or other person of 

highest authority and his or her title; 

3) A brief statement of the purpose for conducting the raffle, and the use or 

uses to which the proceeds will be put; 
4) The period of time during which tickets, cards, or other devices for the 

raffle will be sold; 

5) The price per ticket. card, or device; 

6) The estimated number of tickets, cards, or devices to be sold; 

7) The date, time and place where the prizes will be awarded; 

8) A complete list of each prize to be awarded stating the retail value of each 

prize; or, if any prize in cash, its amount; 

9) An acknowledgment that the applicant assumes full responsibility for the 

fair and lawful operation of the raffle that the applicant conducts, and that the applicant agrees 

to submit to the jurisdiction of the Kalispel Tribal Court for any disputes arising out of the 

operation and conduct of the raffle; and 

C. The Kalispel Tribal Gaming Board shall approve or deny the application at its 

next meeting following submission of the application, but in any event, no later than thirty (30) 

days after the application has been submitted. 

D. If the application is approved, the Board shall note on the face of the application 

that the application is approved, the date of approval, and shall give a copy of the approved 

application to the applicant, and retain the original in the Board's records. Such approved 

application shall constitute a valid license to conduct a raffle subject to any conditions imposed 

by the Board or this ordinance. Such license is not transferable nor assignable. 

E. A raffle authorized by the Board shall be conducted in compliance with the 

information provided on the application: PROVIDED, HOWEVER, that the total number of 
tickets may exceed that number estimated on the application if, within seven (7) days of the 

raffle drawing, the licensee notifies the Board of the actual number of tickets actually sold. 

F. If the application is denied, the Board, within ten (1 0) days of its decision, shall 

notify the applicant in writing of the reason for the denial, return a copy of the application to the 

applicant, and retain the original application in the Board's records. 

1 1-14.02 DISCLOSURE OF PRIZES AND RULES 

A. All prizes awarded in connection with raffles, 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 prior to that contestant taking part, or paying 

for an opportunity to take part, in the raffle. 

B. The information required by subsection (A) shall be printed upon each ticket sold, 

or shall be otherwise provided in writing to each purchaser to the time of sale. 

11-14.03 USE 012 PROCEEDS 

A. No part of the proceeds of any raffle conducted shall be used for the benefit of any 

person other than the agency conducting the activity; except that if the activity is conducted for 

the benefit of a specific person or persons who have been listed a recipient of the proceeds or a 

specified portion thereof, on the application for a raffle license, then the proceeds or the specified 

portion thereof, shall be used for the benefit of such specific person or persons so designated if 

the Board has granted the raffle license. 

B. Proceeds from authorized raffles conducted by an agency or department of the 

Tribe shall, unless otherwise stated in the application and approved by the Board, be deposited in 

the Tribal General Fund. 
1 1-1 4.04 EMPLOYEES 

A. No person under the age of eighteen (1 8) years shall take any part in the 

management or operation of, or work as an employee upon, any authorized raffles. 

B. No person other than a regular or part-time employee of the Tribal agency or 

department conducting the authorized raffle employed primarily for purposes other than the 

conduct of such raffles, shall take any part in the management or operation of, or work as an 

employee upon, an authorized raffle. 

1 1-14.05 RECEIPTS 

A. A11 income from raffles shall be receipted for the licensee at the time the income 

is received from each individual player. All prizes shall be receipted for by the winner of each 

prize at the time the prize is distributed to each individual winner. 

B. Income receipts shall be supplied by the licensee on either consecutively number 

tickets or cash register slips. 

C. Receipts for prizes shall be consecutively numbered and contain the following 

information: 

1) The name of licensee; 

2) The date; 

3) The true name and address of the winner of the prizes; and 

4) A description of the prize won and any value of that prize which has been 

presented to the player by the licensee. 
D. The licensee shall not pay out any prize unless and until the winner has fully, 

accurately, and legibly furnished to the licensee all information required by this section to be 

upon the receipt for the prize. 

E. The original of each prize receipt shall be given to the winner and a duplicate 

copy shall be held with the secretary of the Board. 

1 1 - 14.06 RAFFLE TICKETS 

A. All tickets, cards or other devices for determining winners in any raffle shall be 

consecutively numbered and shall be separately accounted for. 

B. No drawing shall be held in connection with any raffle unless each and every 

ticket sold therefore shall first have been placed into the receptacle out of which the winning 

tickets are to be drawn. Such receptacle shall be designed so that each ticket placed therein has 

an equal opportunity with every other ticket to be the one withdrawn. 

C. If an entrant is required to be present at a raffle drawing in order to be eligible for 

the prize drawing, then a statement setting forth this condition shall be set forth conspicuously on 

each raffle ticket and all promotional material concerning the raffle. 

D. No person shall be required to pay, directly or indirectly more than one (1.00) 

dollar in order to enter a raffle. 

E. Any contest wherein a person is required to pay more than one (1.00) dollar to 

enter, for a single, separate and equal chance to win with any other single chance, is not a raffle 

as authorized by this ordinance, and is not within the scope of any license to conduct raffles 

granted by the Board. 

SECTION 1 1 - 15: RECORDS 
1 1-1 5.01 RECOIDS - BINGO. RAFFLES. LOTTERY 

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

raffle, 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: 

A. The gross receipts from the conduct of each of the activities licensed. 

B. Full details of all the expenses relating to each of the activities. 

C. Total Amount of cash prizes actually paid out and the total of: 

1. The cost of the Tribe or licensee, and 

2. The total estimated retail value of all merchandise prizes actually paid out. 

D. Total amount of the gross receipts from each licensed activity which has been 

retained by the licensee or Tribe. 

E. Records which clearly show in detail how those proceeds from each activity were 

used or disbursed by the licensee or Tribe. 

F. All compensation, in whatever form, paid to any person by the licensee or the 

Tribe for any work connected with the management, promotion, conduct or operation of the 

licensed activities, including the description of the work performed by each person. 

G. 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. 

11-15.02 CENTIWL ACCOUNTING SYSTEM REOUIRED - 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: 

A. There shall be adequate personnel and physical areas to provide for the following 

minimum separation of duties: 

1. 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; 

2. A runner to transport money, chips and lockboxes between stations. 

3. 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 chipslchange trays to 

the count room; 

4. 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. 

B. The beginning bankroll shall be verified by at least two persons who shall sign 

such verification. 
C. There shall be documentation containing verifying signatures for the transfer of 

money between any two stations. 

1. All countlfill slips shall be used sequentially, VOIDED countlfill slips will 

be signed by two persons and retained with accounting records. 

2. ALL UNUSED countlfill slips shall be retained along with other countlfill 

slips for accounting records. 

D. 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 (3 112) inches in length and one-half (112) inch in 

width. 

E. The keys to all lockboxes are to be kept in the count room at all times and the 

lockboxes are to be opened only in the count room by the count room personnel. 

F. 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. 

G. All money and chips shall be transferred to the count room at the end of the day 

for final tabulation, reconciliation, and verification. 

H. The final tabulation and reconciliation shall be verified by at least three (3) count 

room personnel who shall sign such verification. 

I. Access to the count room and the bankers andlor cashier's areas shall be restricted 

to the persons assigned to those hnctions and to the runner(s) who transport money or chips to or 

from those stations. 
J. Records shall provide sufficient detail to determine the net receipts of each 

activity conducted. 

K. The records shall contain a reconciliation of the ending cash on hand to net 

receipts. 

11-15.03 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 it's 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: 

A. 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. 

B. 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. 

C. 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. 

D. 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. 

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. 

1 1-1 5.04 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 Boarcl or any of its authorized representatives, without notice: 

PROVIDED, that unless otherwise provided elsewhere in these rules, such and 

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 1 1 - 16: MANAGEMENT CONTRACTS 

11-16.01 TRIBAT, APPROVAL REQUIRED 

A. Any management contract for the operation and management of Class I1 and Class 

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

contract, the Tribe shall require and obtain the following information: 

1. 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 

2. a description of any previous experience that each person listed pursuant 

to subsection A(l) has had with other gaming contracts with Indian tribes or with the gaming 

industry generally, including specifically the name and address of any licensing or regulatory 

agency with which such person has had a contract relating to gaming; and 

3. a complete financial statement of each person listed pursuant to subsection 
B. Any person listed pursuant to subsection (A)(l) shall be required to respond to 

such written or oral questions that the Tribe may propound in accordance with its responsibilities 

under this section. 

C. For purposes of this Ordinance, any reference to the management contract 

described in Section 1 1 - 16.0 1 (A) shall be considered to include all collateral agreements to such 

contract that relate to the gaming activity. 

D. After the Tribe has given its approval of a management contract, the Tribe shall 

submit such contract to the National Indian Gaming Commission for its approval. No such 

contract shall be valid and operational until the National Indian Gaming Commission has 

approved it. 

E. 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. 

11-16.02 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: 

A. for adequate accounting procedures that are maintained, and for verifiable 

financial reports that are prepared, by or for the Tribe on a monthly basis; 
B. 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; 

C. for a minimum guaranteed payment to the Tribe that has preference over the 

retirement of development and construction costs; 

D. for an agreed ceiling for the repayment of development and construction costs; 

E. 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; 

F. for grounds and mechanisms for terminating such contract, but actual contract 

termination shall not require the approval of the Tribe; and 

G. for preference to tribal members and non-member Indians in hiring of employees 

for the gaming establishment and for provisions that the management contract be subject to the 

TERO ordinance, if one is in effect. 

H. A designated agent for service of any official determination, order or notice of 

violations. 

11-16.03 PERCENTAGE OF NET REVENUE FEES 

A. 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. 
B. 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. 

11-16.04 CONTRACT DISAPPROVAL 

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

A. Any person listed pursuant to Section 1 1-16.01 (A)(l) who 

1. has been or subsequently is convicted of any felony relating to a gaming 

offense; or 

2. has knowingly and willfully provided materially important false 

statements of information to the Tribe or the tribal officials who negotiate such contracts or has 

refised to respond to questions propounded pursuant to Section 1 1-16.01 (B); or 

3. 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; 

B. 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; 
C. 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. 

11-16.05 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. 

J 1-16.06 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 applicable statutory authority exists and unless clearly specified in 

writing in said contract. 

11-16.07 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 1 1 - 1 7.04 of this Ordinance. 

.SECTION 1 1 - 17: ENFORCEMENT 

1 1 - 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 andlor 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 Kalispel Tribal Court. 

SECTION 1 1 - 1 8: PENALTIES 

1 1-1 8.01 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. Persons may be prohibited 

from trespassing on premises licensed under this Ordinance, or establishments may be forcibly 

closed. All such action shall be taken at the discretion of the Board subject to the right of appeal 

to Tribal Court. 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. 

If the Kalispel Tribal Court finds that a licensee has violated any part of this ordinance 

the Court shall order that any then valid licenses held be terminated. If the Court finds that any 

employee or operator working for a licensee has violated any part of this ordinance the Court 

shall order that any license held by the licensee employer be terminated. The Court may hrther 

order that no new licenses be issued for a specific period of time not to exceed five years. 

SECTION 1 1 - 19: TRIBAL COURT 

1 1 - 19.0 1 TRIBAL COURT 

The Kalispel Court shall have exclusive jurisdiction over civil controversies arising 

between the Tribe and the general public pursuant to Chapter 3, Civil Actions, of the Kalispel 

Law and Order Code. The procedures and requirements in Chapter 3 shall govern actions filed 

under this Ordinance. By acceptance of a gaming license under this Ordinance, the licensee 

submits to the civil jurisdiction of the Kalispel Tribal Court. By entering and patronizing any 

gaming establishment licensed by the Board, the person submits to the civil jurisdiction of the 

Kalispel Tribal Court. If criminal activity and violations occur on the gaming premises, such 

violations shall be heard in the Kalispel Tribal Court with regard to Indian alleged violators and 

the State of Washington with regard to non-Indian alleged violators. 
11-19.02 DESIGNATED AGENT 

The agent for service of process under this Ordinance is David Bonga, P.O. Box 39, Usk, 

Washington 99 1 80. 

SECTION 1 1-20: EXCLUSION FROM ESTABLISHMENTS 

1 1-20.01 REGULATIONS REOUIRING EXCLUSION OR EJECTION OF CERTAIN 

PERSONS FROM LICENSED ESTABLISHMENTS 

1. The Board hereby declares that the exclusion or ejection of certain persons from 

licensed gaming establishments is necessary to effectuate the policy of this Ordinance and to 

maintain effectively the strict regulation of licensed gaming. 

2. The Board may by regulation provide for the establishment of a list of persons who are 

to be excluded or ejected from any licensed gaming establishment is determined by the board to 

pose a threat to the interests of the Tribe or to licensed gaming, or both. 

SECTION 1 1-2 1 : AMENDMENTS AND SEVERABILITY 

1 1-2 1.0 1 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. 

1 1-21.02 SEVERARILITY 

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.