Squaxin Island

Gaming Ordinance

6.08

Revised 2/8/2021
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Contents

6.08.010 Purpose...................................................................................................................................4

6.08.020 Interpretation.........................................................................................................................4

6.08.025 Definitions..............................................................................................................................4

6.08.030 General Prohibition..............................................................................................................9

6.08.040 Permitted Gaming ................................................................................................................9

6.08.050 Primacy of Compact............................................................................................................9

6.08.060 Ownership of Gaming........................................................................................................9

6.08.070 Use of Net Gaming Revenues.........................................................................................9

6.08.080 Per Capita Payments........................................................................................................10

6.08.090 Gaming Commission........................................................................................................10

6.08.100 Governmental Attributes of the Commission.............................................................11

6.08.110 Delegation of Authority ....................................................................................................11

6.08.120 Independence of Commission........................................................................................11

6.08.130 Commission Funding........................................................................................................12

6.08.140 Commission Members......................................................................................................12

6.08.150 Commission Meetings ......................................................................................................13

6.08.160 Commission Powers and Duties....................................................................................13

6.08.170 Director: Appointment; Qualifications; Removal ......................................................15

6.08.180 Powers and Duties of the Director.................................................................................16

6.08.190 Types of Licenses..............................................................................................................16

6.08.200 Fees .......................................................................................................................................17

6.08.210 Records Retention............................................................................................................17

6.08.220 Judicial Review and Due Process .................................................................................17

6.08.230 Patron Dispute Resolution .............................................................................................18

6.08.240 Conduct of Audit................................................................................................................18

6.08.250 Agent for Service of Process ........................................................................................18

6.08.260 Tribal Access to Financial Information ......................................................................18

6.08.270 License Application Forms ............................................................................................18

6.08.280 Fingerprints ........................................................................................................................19

6.08.290 Background Investigations ...........................................................................................19

6.08.300 Eligibility Determinations...............................................................................................21
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6.08.310 Notice of Results of Background Investigations ....................................................21

6.08.320 Granting Gaming Licenses............................................................................................21

6.08.330 Denying Gaming Licenses.............................................................................................22

6.08.340 Gaming License Suspensions and Revocations....................................................22

6.08.350 Licenses for Vendors.......................................................................................................23

6.08.360 Vendors Licensed by Recognized Authorities...........................................................23

6.08.370 Gaming Operations. .........................................................................................................23

6.08.380 Violations-Jurisdiction. ....................................................................................................24

6.08.390 Net Revenue Tax. ...............................................................................................................25

6.08.400 Compliance with Federal Law .......................................................................................25

6.08.410 Severability Clause...........................................................................................................25

6.08.420 Enactment of Tribal-State Compact............................................................................26

6.08.430 Repeal...................................................................................................................................26

6.08.440 Effective Date .....................................................................................................................26
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Chapter 6.08 Gaming Ordinance

6.08.010 Purpose

The Tribal Council of the Squaxin Island Tribe ("Tribe"), enacts this ordinance to set terms 

for gaming on the Tribe's Indian lands. Under the authority of the Tribe's Constitution, the 

Tribal Council is the governing body and is vested with the sovereign powers of the Tribe. 

Acting in accordance to tribal customs, traditions and values not inconsistent with any 

provisions of the Constitution finds, and declares to be public policy of the Tribe, that:

A. Proper regulation of gambling is essential to ensure gaming is conducted honestly 

and with integrity.

B. Strict regulation should be imposed to ensure gaming is free from unlawful conduct 

and to protect tribal assets.

C. Licensing regulations, policies and procedures should be maintained and followed to 

ensure those licensed by the Tribe will not be a risk to the integrity of gaming, safety 

of the public and the general welfare of the Tribe.

D. The proper regulation of the Tribe of gambling/gaming activities of the tribe promotes 

Tribal self-government and economic self-sufficiency.

E. The substantial and relative stable source of revenue derived from licensed and 

regulated gaming enables the Tribe to fulfill its governmental responsibilities to the 

Tribal membership.

F. Participation in Class II and Class III gaming as a licensee under this ordinance shall 

be deemed a revocable privilege conditioned upon the proper and continued 

qualification of the individual licensee and upon the discharge of the affirmative 

responsibility of each licensee to obey the rules and regulations imposed and 

approved by the Squaxin Island Gaming Commission (“Commission”). 

6.08.020 Interpretation

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

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

the statement of purpose.

6.08.025 Definitions

“Class I Gaming” - Social games solely for prizes of minimal value or traditional forms of 

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

ceremonies or celebrations.

“Class II Gaming”

A. Bingo or Lotto (whether or not electronic, computer, or other technologic aids are 

used) when players:

1. Play for prizes with cards bearing numbers or other designations;

2. Cover numbers or designations when object, similarly numbered or 
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designated, are drawn or electronically determined; and

3. Win the game by being the first person to cover a designated pattern on such 

cards;

B. If played in the same location as bingo or lotto, pull-tabs, punch boards, tip jars, 

instant bingo, and other games similar to bingo;

C. Nonbanking card games that:

1. State law explicitly authorizes, or does not explicitly prohibit, and are played 

legally anywhere in the state; and

2. Players play in conformity with state laws and regulations concerning hours, 

periods of operation, and limitations on wagers and pot sizes;

D. Card games played in the states of Michigan, North Dakota, South Dakota, or 

Washington if:

1. An Indian tribe actually operates the same card games as played on or before 

May 1, 1988, as determined by the Chairman; and

2. The pot and wager limits remain the same as on or before May 1, 1988, as 

determined by the Chariman;

E. Individually owned class II gaming operations:

1. That were operating on September 1, 1986;

2. That meet the requirements of 25 U.S.C. 2710(b)(4)(B);

3. Where the nature and scope of the game remains as it was on October 17, 

1988; and

4. Where the ownership interest or interests are the same as on October 17, 

1988.

“Class III Gaming”

All forms of gaming that are not class I gaming or class II gaming, including but not limited 

to:

A. Any house banking game, including but not limited to:

1. Card games such as baccarat, chemin de fer, blackjack (21), and pai gow (if 

played as house banking games);

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

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

electromechanical facsimiles of any game of chance;

C. Any sports betting and parimutuel wagering including but not limited to wagering on 

horse racing, dog racing or jai alai; or

D. Lotteries.

“Commission” – Squaxin Island Tribal Gaming Commission. Appointed members of the 

Tribe empowered by the Tribal Council through gaming ordinance to hire or contract staff to 

regulate the gaming on Indian lands. They administer policy, legislate and conduct 

hearings, actively regulating to maintain sovereignty by ensuring a safe, fair and ethical 

gaming experience for customers of the gambling activities. Also known as the Tribal 

Gaming Regulatory Authority. 

“Commissioner” – Individual A member of the Commission.

“Compact” - The Compact/agreement between the Tribe and State entered into under 

IGRA Section 2710.

“Contractor” - Contractor refers to any management contractor who operates for the Tribe, 
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tribal premises used for Class II or Class III gaming, or operates as lessee under a lease 

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

Tribe.

“Director” – The Director of the Squaxin Island Tribal Gaming Commission.

“Facility License” - A separate license issued by the Tribe to each place, facility or 

location on Indian lands where the Tribe elects to allow Class II or Ill gaming.

"Gaming" - an activity in which a person stakes or risks something of value on the outcome 

of a contest of chance or a future contingent event, not under his or her control or influence, 

upon an agreement or understanding that the person, or someone else, will receive 

something of value if a certain outcome occurs, but shall not include bona fide business 

transactions.

"Gaming Activities" - any Class I, Class II, or Class III gaming activity conducted by or 

under the jurisdiction of the Tribe, and shall include all activities of a Gaming Enterprise 

subject to the jurisdiction of the Tribe regardless of its nature. 

“Gaming Employees” - All employees of a gaming facility who manage, operate, maintain, 

set-up or have access to components of Class II or Class III Games, or the cash or cash 

equivalents associated with Class II or Class III games. Gaming employees include but are 

not limited to:

 Key Employees 

 Primary Management Officials

 Class III Gaming Employee or Class II Gaming Employee

 Dealers, Cashiers, Service Technicians, Bankers and Security Personnel 

“Gaming Facility” - A building within Indian lands or in the control of the Tribe that 

conducts Class II or Class III gaming activity.

“General Council” – All registered Tribal members of the Squaxin Island Tribe.

“IGRA” - Indian Gaming Regulatory Act (25 USC 2701). 

“Internal Controls” (SICS) – Operation’s procedures to ensure adequate controls over a 

gaming activity.

“Key Employee” - Class II or Class III gaming employee(s), including but not limited to 

those performing one or more of these functions, are considered Key Employee(s):

 Bingo Caller  Counting Room Supervisor

 Chief of Security  Custodian of gaming supplies or cash

 Floor Manager  Pit Boss

 Dealer  Croupier

 Approver of Credit  Custodian of gaming devices

Personnel responsible for maintenance or repair of gaming devices, including those 

with access to cash and accounting records pertaining to gaming devices.
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Those not otherwise included, whose total compensation exceeds $50,000 per year.

Those not otherwise included, who are among the four (4) most highly compensated 

in the gaming operation.

The Commission or TGRA may, at its own discretion, include other positions within 

the definition of “Key Employee.”

“Licensee” – A tribally owned Class II or Class III gaming operation or a person licensed 

by the Commission as a primary management official, key employee or other gaming 

employee under this ordinance.

“Management Company / Financiers” - Persons or entities with which the Tribe contracts 

for financing, development, management, or operation of any Class II or Class III Tribal 

Gaming Operation.

“Management Contract” – Any contract, subcontract or collateral agreement between the 

Tribe and a contractor or between a contractor and a subcontractor if such contract or 

agreement provides for the management of all or part of a gaming operation.

"National Indian Gaming Commission" (NIGC) - the Commission established under 

IGRA.

“Net revenues”- Gross gaming revenues of a gaming operation less:

A. Amounts paid out as, or paid for prizes; and 

B. The total gaming related operating expenses, including all those expenses of the 

gaming operation commonly known as operating expenses and non-operating 

expenses consistent with professional accounting pronouncements, excluding 

management fees.

“Non-gaming employees” - All employees of TGO employed in a non-gaming area or in a 

non-gaming activity, such as the hotel, food and beverage or hotel housekeeping, will have 

to obtain a license before being employed at the TGO. The Commission or TGRA may, at 

its own discretion, include other positions within the definition of “Non-gaming employee.”

“Ordinance” - The Squaxin Island Gaming Ordinance as adopted.

“Patron” - Persons actually participating in the gaming activities and other persons present 

on gaming property.

“Person” – A natural person, firm, association, corporation or other legal entity.

“Player” – Any person paying some amount of U.S. currency to the Tribe or the contractor 

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

participation in, Class II or Class Ill gaming and with some reasonable expectation of 

receiving- a prize because of participating, playing or wagering on such Class II or Class Ill 

gaming.

“Primary Management Official” – Person(s) associated with a Class II or a Class III 

gaming enterprise considered Primary Management Officials include:

 Persons with management responsibility for a management contract.

 Persons authorized to hire and fire employees.

 Persons authorized to set up working policy for the gaming operation.
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 The Chief Financial Officer or others with financial management responsibility.

 The Commission or TGRA may, at its own discretion, include other positions within 

the definition of “Primary Management Official.”

“Prizes” - Means and refers to any United State currency, cash or other property or thing of 

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

“Suppliers, Distributors and Manufacturers” - All companies, sole proprietors or publicly 

traded, that sell, lease, rent, or offer a manufactured product or service including nongaming 

vendors engaged in business with a Class II or Class III gaming facility.

"State" - the State of Washington.

“TGRA Director” – The Director of the Squaxin Island Tribal Gaming Commission.

"Tribal Council" – The governing body of the Tribe, as set forth in the Tribe's Constitution 

and Bylaws.

"Tribal Court" - any court established by the Tribe to hear disputes or, if there is none, the 

Tribal Council.

“Tribal Gaming Regulatory Authority” (TGRA)– The entity authorized by Tribal law 

(Gaming Ordinance) to regulate gaming conducted under the Indian Gaming Regulatory 

Act. Established herein to regulate and monitor gaming activities, investigate wrongdoing, 

conduct background investigations, issue licenses, and perform other duties as required for 

regulating gaming on Indian lands as directed or delegated by the Gaming Commission.

“Tribal Gaming Commission” or “Tribal Gaming Commissioners” – Appointed 

members of the Tribe empowered by the Tribal Council through gaming ordinance to hire or 

contract staff to regulate the gaming on Indian lands. They administer policy, legislate and 

conduct hearings, actively regulating to maintain sovereignty by ensuring a safe, fair and 

ethical gaming experience for customers of the gambling activities. 

“Tribal Gaming Operations” (TGO) – Gaming entity. The licensed management entity 

that conducts gaming activities on Indian lands. 

“Tribal Minimum Internal Controls” (TMICS) –Minimal requirements developed by the 

TGRA for TGO to use in developing their Internal Controls (SICS). The TMICS will 

encompass Internal Control requirements from the NIGC Minimum Internal Controls 

(MICS), Tribal/State Compact and any other required Internal Control as determined by the 

TGRA.

“Tribal-state compact” – A Compact/agreement between the Tribe and State entered into 

under IGRA Section 2710.

“Tribe” - The Squaxin Island Tribe of the Squaxin Island Indian Reservation in Mason 

County, Washington, whose Constitution was approved July 8, 1965 by the United States 

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

“Vendor employee” - All employees of a vendor that provides services to the facility.

“Washington State Gambling Commission” (WSGC) – This is the Gambling regulatory 

authority for the State of Washington.
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6.08.030 General Prohibition

Only authorized and legal forms of gambling may be conducted on Squaxin Island land:

A. Persons are prohibited from operating, supervising, facilitating, or conducting any 

Class II or Class III gaming without a license issued by the Squaxin Island Gaming 

Commission for that purpose. 

B. Individuals are prohibited from owning gaming operations.

6.08.040 Permitted Gaming

All gaming shall be conducted by persons duly licensed by the Commission except for 

Class I gaming to the extent the Commission determines such persons do not require 

licensing. The following gaming is allowed under the noted provisions:

A. Class I Gaming – Class I traditional games are permitted to the extent consistent 

with Tribal custom and practice. The Commission may, at its discretion, consult with 

the Tribal Council to determine which games and practices follow the Tribe’s 

customs and practices. The Commission may prohibit or regulate the conduct of 

Class I traditional games if it determines such regulation is necessary to promote the 

public policies behind this ordinance.

B. Class II Gaming – Class II games hereby may be conducted on Indian land; 

provided, however, that such Class II games shall be conducted only under this 

ordinance, regulations imposed and approved by the Commission, NIGC regulations 

and IGRA.

C. Class III Gaming – Class III games are authorized on Indian lands; provided, 

however, that Class III games shall be conducted only under this ordinance, 

regulations imposed and approved by the Commission, NIGC regulations, IGRA and 

the Compact.

6.08.050 Primacy of Compact 

Solely regarding Class III gaming, any regulatory requirements in this ordinance are 

supplemented by, rather than conflict with the Compact. The Commission may enforce 

those obligations in the Compact as if set forth herein. 

6.08.060 Ownership of Gaming

The Tribe shall have the sole proprietary interest in and responsibility for the conduct of any 

gaming operation(s) authorized by this Ordinance. Individually owned gaming operations 

are prohibited.

6.08.070 Use of Net Gaming Revenues

Net revenues from Tribal gaming shall be used only for these 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
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E. To help fund operations of local government agencies.

6.08.080 Per Capita Payments

Net revenues from any class II and/or class Ill gaming activities conducted or licensed by the 

Tribe may make per capita payments to Tribal members if:

A. The Tribe has prepared a plan to allocate revenues to one or more of the five uses 

authorized by section 6.08.070 of this Ordinance;

B. The plan is approved by the Secretary of the Interior as adequate, particularly 

regarding the uses described in sections 6.08.070 (A) and (C) of this Ordinance;

C. The interests of minors and other legally incompetent persons entitled to receive the 

per capita payments are protected and preserved, and the per capita payments are 

disbursed to the parents or legal guardian of such minors or legal incompetents in 

such amounts for the health, education, or welfare of the minor or other legally 

incompetent person; and

D. The per capita payments are subject to Federal taxation and the Tribe notifies its 

members of such tax liability when payments are made.

6.08.090 Gaming Commission

A. The Tribal Council establishes the Squaxin Island Gaming Commission 

(Commission) as an independent governmental subdivision of the Tribe. No more 

than seven members of the General Council will be appointed by the Tribal Council. 

Members will serve three year terms; however, appointments may be for shorter 

terms so that terms termination dates are staggered terminating only one member a 

year throughout 5 years. Absent a Commission the Tribal Council will serve as the 

Commission. 

B. The Commission will establish a Chair and a Vice Chair through vote of Commission 

members that will serve for one year. The Chair may not serve consecutive years. 

C. A Commissioner may, at the discretion of the Tribal Council, continue to serve in his 

or her position as Commissioner, with full authority, after completing his or her term 

until a replacement is appointed and sworn into office. 

D. Commission members may resign from the Commission by submitting in writing a 

resignation to all other members and to the Tribal Council secretary. 

E. A Commissioner may be removed from office by the Tribal Council with at least four

(4) members of Tribal Council affirming the vote to remove and only because : 

1. Nonfeasance, including the persistent failure to perform duties of the office, 

including failure to attend a significant number of meetings;

2. Misfeasance, including any substantial or repeated failure to exercise 

authority or discharge responsibilities in conformity with this ordinance, 

regulations, NIGC regulations, IGRA, or Compact;

3. Malfeasance, including (i) a conviction or a plea of guilty or no contest 

regarding any felony criminal offense or any other criminal offense involving 

dishonesty or moral turpitude, (ii) a substantial violation of the Squaxin Island 
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Tribal Ethics or Ethics established by the Commission, (iii) a knowing violation 

of this ordinance or other applicable Tribal Law, (iv) misconduct of office that 

threatens the integrity or public image of the Commission. 

4. Failure to maintain the qualifications of the office prescribed in section 

6.08.140.

5. Physical or mental disability that prevents the performance of duties.

If the Tribal Council has reason to believe that cause for removal of a 

Commissioner exists, the Tribal Council shall direct that an investigation to be 

conducted. If, in the Tribal Council’s determination, the investigation 

substantiates the existence of cause for removal, the Tribal Council shall notify 

the Commissioner of the time and place for a hearing before the Tribal Council, 

which notice shall also describe the purpose for the hearing and all claims and 

allegations to be addressed. Upon review of the investigative material and upon 

hearing the testimony of this Commissioner a vote shall be called. The decision 

of the Tribal Council is final and there is no right for appeal.

6.08.100 Governmental Attributes of the Commission

The Tribal Council declares the Commission is a political subdivision of the Tribe 

possessing all the rights, privileges, and immunities of the Tribe, including but not limited to 

sovereign immunity of the Tribe from suit absent express consent from Tribal Council. 

Individual members of the Commission are officers of the Tribal government and shall be 

immune from suit when acting in their official capacity to the fullest extent permitted by law. 

6.08.110 Delegation of Authority

The Tribal Council delegates to the Commission sole authority and responsibility to regulate 

all Gaming conducted on Indian lands, as provided by this ordinance, which authority 

includes without limitation the authority to:

 Regulate gaming operations;

 Regulate gaming establishments;

 Regulate management contractors;

 License gaming establishments;

 License gaming suppliers;

 License gaming employees;

 License all persons under this ordinance; and

 Hire or contract staff. 

The Commission shall ensure that all gaming/gambling conducted on Indian lands conforms 

with this ordinance, regulations, the Compact, NIGC regulations, and other applicable Tribal 

and Federal laws. The Commission may delegate part or all their authority to the Director of 

the Commission and may also rescind any delegated authority.

6.08.120 Independence of Commission

In all matters subject to its regulatory authority, the Commission shall be and shall act 

independently and autonomously from Tribal Council. No prior or subsequent review by the 

Tribal Council of any actions of the Commission shall be required or permitted, except as 
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may be otherwise explicitly provided in this ordinance. Notwithstanding the foregoing, the 

Commission shall be subject to all Tribal law, including generally-applicable Tribal 

administrative policies and procedures not in conflict with this ordinance, except if an 

exception for the Commission is provided. The Commission fiscal year shall be the fiscal 

year of the Tribe. The Commission must submit a report quarterly to Tribal Council as a 

minimum informing them of any current gaming developments, health of the Commission 

and staff and future concerns or events. 

6.08.130 Commission Funding

Commission funding shall be in an amount adequate for the Commission to properly fulfill 

all of its regulatory obligations and responsibilities under this ordinance. The Commission 

funding shall be established annually through the annual budget process. Annual budgets 

are approved by the Tribal Council. The Commission budget will reflect the retention of 

unexpended funds retained at the end of the prior Fiscal Year, excluding funds obligated for 

costs or expenses incurred during the prior Fiscal Year. Tribal Council may approve 

requests by the Commission to supplement the budget when necessary. Funding for all 

costs and expenses of the Commission shall be the sole obligation of the Squaxin Island 

Gaming Enterprise. 

6.08.140 Commission Members

A. Qualifications – No person shall serve on the Commission if that person is:

1. Under the age of twenty-one (21);

2. A member of Tribal Council

3. A judge or employee of the Tribal Court

4. Employed by any Gaming Operations;

5. Residing in the same household with, a person employed as a Primary 

Management Official or Key Employee of any Gaming Operation;

6. Directing or has influence over financial interest directly or indirectly in any 

Gaming Operation, including any Management Supplier or direct financial 

interest in any Gaming Supplier. For this section, direct or indirect financial 

interest shall not include the right to per capita distributions of Gaming 

revenues under IGRA and indirect financial interest shall not include 

ownership of any mutual funds that hold such stock; 

7. Employed or otherwise serves in a position that creates a conflict of interest 

or the appearance of a conflict of interest with the duties and responsibilities 

of the Commission, as determined by the Tribal Council; or

8. Unable to establish and maintain eligibility to serve as a Gaming 

Commissioner under the requirements in this ordinance. 

B. Additional Qualifications – besides qualifications prescribed in subsection A. A 

Commission member must:

1. Be a Tribal member; 

2. Have at least 5 years’ experience in gaming or other regulatory affairs, public 
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accounting or business finance, public or business administration, judicial or 

dispute resolution services, criminal justice, civil or criminal investigation, or 

law; and

3. Can qualify for a Class III gaming license under the regulations approved by 

the Commission. TGRA will make determination of qualification and 

documents need not be submitted to any other regulatory authority. 

C. Commission members must attend minimum training courses as determined by the 

Commission.

D. Qualifications will be verified through recruitment process. 

6.08.150 Commission Meetings

A. The Commission shall meet at least 6 times a year, with additional meetings held as 

necessary to properly carry out the duties of the Commission. 

B. The Commission shall receive compensation in an amount and under a schedule 

adopted by Tribal Council. Commissioners may have reimbursement for actual 

expenses incurred on Commission business, including necessary travel expenses 

and training, subject to any written guidelines the Tribal Council may establish. 

6.08.160 Commission Powers and Duties

A. Hire or contract staff – The Commission may hire and contract staff to carry out and 

delegate the duties and responsibilities of the Commission; 

B. Conduct background investigations, or cause such investigations to be conducted, 

for primary management officials and key employees;

C. Review and approve all investigative work conducted with the background 

investigations of primary management officials and key employees;

D. Create and maintain investigative reports based on the background investigations of 

primary management officials and key employees;

E. Obtain and process fingerprints, or designate a law enforcement agency to obtain 

and process fingerprints;

F. Make licensing eligibility determinations;

G. Limit, revoke, terminate, condition, suspend, or restrict any License and to 

reprimand, warn, or fine a Licensee when the same will further the purposes of this 

ordinance, rules, internal controls, regulations or Compact; 

H. Submit a notice of results to the NIGC of the background investigations done for each 

primary management official and key employee applicant;

I. Issue gaming licenses to primary management officials and key employees of the 

operation, if warranted by the eligibility determination;

J. Establish standards for licensing Tribal gaming facilities;

K. Issue gaming licenses to Tribal gaming facilities;

L. Inspect, examine and monitor the Tribe's gaming activities, and have immediate 

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

M. Monitor, inspect and audit to ensure compliance with all Tribal, state and federal laws, 

rules and regulations and Compact regarding Indian gaming;

N. Investigate any suspicion of wrongdoing associated with any gaming activities;

O. Hold hearings on patron complaints, under procedures established in this Ordinance 

and/or any Commission regulations;

P. Comply with any reporting requirements under IGRA, the NIGC’s regulations and any 

tribal-state compact to which the Tribe is a party, and any other applicable law;

Q. Promulgate and issue regulations to ensure gaming is conducted honestly and with 

integrity and for protecting tribal assets;

R. Promulgate and issue regulations on the levying of fees and/or taxes associated with 

gaming license applications;

S. Promulgate and issue regulations on the levying of fines and/or the suspension or 

revocation of gaming licenses for violations of this ordinance or any Tribal, federal or 

state gaming regulations, if applicable;

T. Establish, maintain and enforce a list of persons not allowed to game in the Tribe's 

gaming facilities to maintain the integrity of the gaming operation;

U. Establish, maintain and enforce a list of persons who have voluntarily agreed to be 

excluded from the Tribal gaming facility, and create regulations for enforcing the 

exclusions;

V. Provide referrals and information to the appropriate law enforcement officials when 

such information indicates a violation of Tribal, federal or state statutes, ordinances, 

regulations, codes or resolutions;

W. List regulatory authorities that conduct background investigations of, and license, 

vendors recognized as trustworthy;

X. Draft regulations exempting vendors from the licensing and/or background 

investigation requirements if they have received a license from a recognized 

regulatory authority;

Y. Perform such other duties the Commission deems appropriate for the proper 

regulation of the Tribal gaming operation; and

Z. Promulgate such regulations and guidelines as deemed appropriate to implement 

this Ordinance, so long as they are to further, and not in conflict with, any provisions 

of this ordinance;

AA. The Commission will also have a role in monitoring compliance with the 

gaming operation’s internal controls and in tracking gaming revenues. To carry out 

its regulatory duties, the Commission shall have unrestricted access to all areas of 

the gaming operation and to all of its records. The Commission shall have authority 

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

gaming license, when appropriate;

BB. The Commission shall cause a report to be submitted quarterly to the Council 

on the Commission's responsibilities and any other matter considered appropriate to 
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report by the Tribal Gaming Commission. The Commission shall report to the Council 

twice annually on the performance of any approved Management Company with 

whom the Tribe has an approved contract; and

CC. The Commission shall ensure that all records and information obtained 

because of an employee background investigation shall remain confidential and shall 

not be disclosed to any persons not directly involved in the licensing process. 

The confidentiality requirements above, do not apply to requests for such records or 

information from any tribal, federal, or state law enforcement or regulatory agency, or for 

such records or information by the Commission and staff in the performance of their 

official duties.

6.08.170 Director: Appointment; Qualifications; Removal

A. Appointment of the Director – The Gaming Commission shall appoint a Director at 

any time there is a vacancy in the position. Absent a Director an interim Director 

shall be assigned the powers and duties of the position by the Commission. Absent 

a Gaming Commission the Tribal Council will appoint a Director. 

B. Qualifications of the Director – The Director will possess these minimum 

qualifications:

1. Experience – The Director must have experience and training of significant 

scope, depth and relevancy to enable him/her to direct the work of the 

Commission, as shown through at least five (5) years experience at a 

management level in Gaming regulation, particularly Class III Gaming. 

Additional experience is preferred in the areas of public accounting or 

business finance, public or business administration, judicial or dispute 

resolution services, criminal justice, civil or criminal investigation, and law. 

Other additional experience may apply as established by the Commission or 

Tribal Council; and

2. Standards – Director must pass standards to qualify for gaming license under 

the regulations annually as established by the Commission. Other additional 

standards may apply as established by the Commission or Tribal Council.

C. Removal, suspension – The Commission may, by majority vote, remove or suspend 

the Director for:

1. Nonfeasance, including the persistent failure to perform duties of the office, 

including failure to attend a significant number of meetings;

2. Misfeasance, including any substantial or repeated failure to exercise 

authority or discharge responsibilities in conformity with this ordinance, 

regulations, NIGC regulations, IGRA, or Compact;

3. Malfeasance, including:

a. A conviction or a plea of guilty or no contest regarding any felony 

criminal offense or any other criminal offense involving dishonesty or 

moral turpitude;

b. Substantially violating the Squaxin Island Tribal Ethics or Ethics 

established by the Commission;
Page 16 of 26

c. A knowing violation of this ordinance or other applicable Tribal Law;

and

d. Misconduct of office that threatens the integrity or public image of the 

Commission. 

4. Physical or mental disability that prevents the performance of duties.

6.08.180 Powers and Duties of the Director

The Director shall have the power and the duty, subject to Commission supervision, to carry 

out on behalf of the Commission the administrative and executive requirements of the 

Commission under this ordinance, Squaxin Island Gaming Commission Regulations, Tribal 

Minimum Internal Controls, Compact and NIGC regulations, including without limitation:

A. Providing administrative support to the Commission, including managing and 

supervising all Commission staff, consultants, and contractors, records 

management, and the development and oversight of the Commission budget;

B. Directing human resources and other personnel matters; including recruitment, 

hiring, supervision, and disciplining Commission staff, whose positions shall be 

established by written position descriptions subject to all applicable hiring and 

employment laws and policies of the Tribe;

C. Negotiating and contracting for acquisition of goods and services required by 

Commission and may otherwise expend Commission funds for the operation of the 

Commission, subject to such requirements as the Commission may establish;

D. Directing the day to day operations of the Commission, including maintaining 

oversight of the licensing, surveillance, inspection, monitoring, and enforcement of 

licensees of the Commission. In addition, maintain the proper processing, reporting 

and recording of criminal activity; 

E. Assisting the Commission in developing and maintaining a suitable records system 

to manage and retain all confidential and sensitive records and information, 

protecting the information from unauthorized release;

F. Evaluating the effectiveness of the Tribe’s Gaming regulatory process and 

procedures and controls. Making changes in accordance with policies established 

by the Commission that are necessary and improve oversight; and

G. Performing other duties as directed by the Commission deemed necessary. 

6.08.190 Types of Licenses

The Tribal Gaming Commission shall issue upon determination of qualifications under rules, 

regulations, policy and Compact these licenses:

A. The Tribe shall issue a separate license to each place, facility or location on Indian

lands where Class II and/or Class Ill gaming is conducted under this Ordinance. Each 

license shall be valid for a term of one (1) year commencing from the date the license 

is issued: The Commission will inspect and determine the following before issuing or 

renewing the license:

1. The facility operates in a manner that adequately protects the environment;
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2. The facility operates in a manner that adequately protects the health and 

safety of the public; and

3. There is adequate enforcement of public health and safety laws, resolutions, 

codes and procedures as it relates to the operation of the gaming facility. 

B. Third Party Management. The Tribal Gaming Commission shall issue and renew a 

separate license to a Management Contractor with respect to Gaming Operations 

operated by a Management Contractor under a Management Contract or by an 

individual operator, and each license shall be valid for a term of one (1) year 

commencing from the date the license is issued. 

C. The Commission shall issue a license to each Gaming Employee employed by the 

gaming facility. Each license shall be valid for a term of one (1) year commencing 

from the date the license is issued.

D. Vendor Licenses. Licenses issued under section 6.08.350 shall be valid for no more 

than two (2) years from issuance. 

6.08.200 Fees

A. The Commission may establish license fees to cover direct or indirect costs. 

B. The Commission may establish fines to be imposed in lieu of a license suspension 

based on violations to rules, regulations or Compact.

C. The Commission may fine a licensed business entity or licensed facility to facilitate 

compliance to licensing requirements as established in this ordinance and 

regulations approved by the Commission.

D. All fines and fees must be paid upon the notification of such fine or fee and in 

accordance with any regulation approved by the Commission.

E. Fines and fees should be reasonable and proportionate.

6.08.210 Records Retention

The Tribal Gaming Commission shall retain records physically or electronically, for no less 

than three years from the date a primary management official or key employee is terminated 

from employment, the following documentation:

A. Applications for licensing;

B. Investigative Reports; and

C. Eligibility Determinations

6.08.220 Judicial Review and Due Process

A. Licensees may appeal revocations as outlined in 6.08.340(A).

B. Licensees may appeal fines and other penalizing licensing decisions short of 

revocation to the Commission by requesting a hearing. 

C. Applicants may appeal a licensing decision by requesting a hearing. 

D. Imposed barrings and volunteer self-exclusions may be lifted at the discretion of the 

Commission. All decisions are final.
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E. All decisions from the Commission hearing are final.

6.08.230 Patron Dispute Resolution

Patrons with complaints against the gaming establishment (not otherwise provided for by 

Squaxin Island Tribe Tort Claim Ordinance) shall have as their sole remedy the right to file a 

petition for relief with the Commission. Complaints shall be submitted in writing. The 

Commission shall hold a hearing within 30 days of receipt of the petitioner’s complaint. The 

petitioner may have counsel present at the hearing. The petitioner may present evidence, at 

the discretion of the Commission. After the hearing, the Commission shall decide promptly. 

All such decisions will be final when issued. Any patron complaint must be submitted to the 

Commission within thirty (30) days of the incident causing the complaint. All claims by 

patrons shall be limited to a maximum recovery of $500.00 per occurrence, and a 

cumulative limit of $1,000.00 per patron in any 12-month period, except disputes relating to 

a patron’s entitlement to a game prize, which shall be limited to the amount of such prize. 

The Commission's decision shall be considered final, and not subject to appeal.

6.08.240 Conduct of Audit

A. The Tribe shall cause to be conducted independent audits of gaming operations 

annually based on generally accepted auditing standards and shall submit the 

results to the NIGC.

B. All gaming-related contracts that result in the purchase of supplies, services or 

concessions for more than $25,000 in any year (except contracts for professional 

legal and accounting services) shall be specifically included within the scope of the 

audit conducted under Section 6.08.240 A. of this Ordinance.

C. Copies of the annual audit of each licensed gaming operation, and each audit for 

supplies, services or concessions of each gaming operation, shall be furnished to 

the NIGC after the end of each fiscal year of the gaming operation and within the 

timeline required by federal rules.

6.08.250 Agent for Service of Process

The Tribe designates the Chairman of the Squaxin Island Tribal Council as the agent for 

service of any official determination, order or notice of violation.

6.08.260 Tribal Access to Financial Information

A copy of the Tribal gaming operation's annual audit will be made available for review to the 

Squaxin Island Tribal Council.

6.08.270 License Application Forms

The following notice shall be placed on the Tribe's license application form for a key 

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

Privacy Notice

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

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

The purpose of the requested information is to determine the eligibility of individuals 
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to be granted a gaming license. The information will be used by the Tribal gaming 

regulatory authorities and by the National Indian Gaming. Commission members 

and staff who have need for the information in the performance of their official duties. 

The information may be disclosed by the Tribe or the NIGC to appropriate Federal, 

Tribal, State, local, or foreign law enforcement and regulatory agencies when 

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

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

denial, or revocation of a gaming license, or investigations of activities while 

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

indicated in this notice will result in a tribe being unable to license you for a primary 

management official or key employee position.

The disclosure of your Social Security Number (SSN) is voluntary. However, failure 

to supply a SSN may result in errors in processing your application.

Notice regarding false statements

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

a license or the suspension or revocation of a license. Also, you may be punished by 

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

6.08.280 Fingerprints

The Commission shall request fingerprints from each applicant for a gaming employee 

licensee to be taken in such a manner and form as the Commission may require, which 

shall be processed under this ordinance, Compact and the regulations. The Commission is 

the Tribal Gaming Regulatory Agency authorized to take all fingerprints required to be taken 

under this ordinance, Compact and the IGRA. The fingerprints will be submitted to be 

processed by any governmental agency’s criminal history check system maintained by the 

Federal Bureau of Investigation as necessary or required under Compact, regulations or 

IGRA.

6.08.290 Background Investigations

Minimum background investigation procedures for gaming employees seeking licensure 

shall be:

A. Verify by written or oral communication the information submitted by the applicant. 

Such application information will include at a minimum the following.

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

birth date, place of birth, citizenship, gender and all languages spoken and/or 

written);

2. Currently, and for the previous five (5) years, business and employment

positions held, ownership interests in those businesses, business and 

residential addresses, and driver's license numbers;

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

references, including one (1) personal reference acquainted with the

applicant during each period of residence under paragraph (A)(2) of this

section;

4. Business and residential telephone numbers, and all cell phone numbers;
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5. A description of any existing and previous business relationships with

Indian tribes, including any ownership interests in the businesses;

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

gaming industry generally, including ownership interests in the

businesses;

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

the person has applied 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, and the date of disposition,

if any;

9. For each misdemeanor conviction or ongoing misdemeanor prosecution 

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

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

10. For each criminal charge (excluding m i n o r traffic charges), whether or

not there is a conviction, if such criminal charge is within 10 years of the

application, and is not otherwise listed under paragraphs (A)(8) or (A)(9)

of this Section, the criminal charge, the name and address of the court,

and the date of disposition, if any;

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

the person has applied for an occupational license or permit, whether or

not such license or permit was granted;

12. A photograph;

13. Fingerprints obtained under procedures a d o p t e d by the Tribe under 

25 C.F.R. § 522.2(h); and

14. Any other information the Commission deems relevant.

B. Review informational resources available to the Commission to determine if the 

person seeking licensure poses a threat or risk to the gaming industry.

1. If, in a background investigation, it is discovered that the applicant has a 

notice of results on file with the NIGC from a prior investigation and the 

Commission has access to the earlier investigative materials (either through 

the NIGC or the previous tribal investigative body), the Commission may rely 

on those materials and update the investigation and confidential 

investigative file.

2. In conducting the background investigation, the Commission shall keep 

confidential the identity of each person interviewed in the investigation.

C. Create and maintain a confidential investigative file on each gaming employee 

applicant, electronically or physically that includes:

1. Application information as listed under 6.08.290 A. above;

2. Steps taken in investigating;

3. Results obtained;

4. Conclusions reached; and
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5. The basis for those conclusions.

6.08.300 Eligibility Determinations

A. Before a license is issued to a primary management official or key employee, the

Commission shall make a finding about the eligibility of that person for receiving a 

gaming license by reviewing the applicant's prior activities, criminal record and

reputation, habits and associations.

B. If the Commission, in applying the standards adopted in this Ordinance, commission 

regulations and policies, determines that licensing the person threatens the public 

interest or to effectively regulating gaming, or creates or enhances the dangers of 

unsuitable, unfair or illegal practices, methods and/or activities in the conduct of 

gaming, he or she shall not license that person in a key employee or primary 

management official position.

C. Copies of the eligibility determination shall be included with the notice of results

that must be submitted to the NIGC before the licensing of a primary management

official or key employee.

6.08.310 Notice of Results of Background Investigations

A. Before issuing a license to a primary management official or key employee, the

Commission shall prepare a notice of results of the applicant's background 

investigation to submit to the NIGC. The notice of results must be submitted to

the NIGC within 60 days after the applicant works for gaming operations.

B. The notice of results shall include the following information:

1. The applicant's name, date of birth, and social security number;

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

primary management official or key employee;

3. A summary of the information in the investigative report, including:

a. Licenses previously denied;

b. Gaming licenses revoked, even if reinstated;

c. Every known criminal charge brought against the applicant 

within the last 10 years of the application; and

d. Every felony offense of which the applicant has been convicted or 

any ongoing prosecution; and

e. A copy of the eligibility determination made under Section 6.08.300.

C. If a license is not issued to a gaming employee applicant a notification of results 

shall be submitted to the NIGC.

6.08.320 Granting Gaming Licenses

A. All primary management officials and key employees of the gaming operation must 

have a gaming license issued by the Tribe.

B. The Commission grants and issues gaming licenses to primary management officials 
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and key employees.

C. The Commission may license a primary management official or key employee 

applicant after submitting a notice of results of the applicant's background 

investigation to the NIGC, as required by Section 6.08.310.

D. The Commission shall notify the NIGC of issuing a license to a primary management 

official or key employee within 30 days of issuance.

E. Gaming operations shall not employ an individual in a primary management official 

or key employee position without a license after 90 days of beginning work at the

gaming operation.

F. The Commission must reconsider a license application for a primary management 

official or key employee if it receives a statement of itemized objections to issuing 

such a license from the NIGC, and those objections are received within 30 days of 

the NIGC receiving a notice of results of the applicant's background investigation. 

The Commission shall consider the NIGC’s objections when reconsidering a license 

application.

G. The Commission will make the final decision whether to issue a license to an 

applicant for a primary management official or key employee position.

H. If the Commission has issued a license to a primary management official or key 

employee before receiving the NIGC’s statement of objections, notice and a hearing 

shall be provided to the licensee, as required by Section 6.08.220.

6.08.330 Denying Gaming Licenses

A. The Commission shall not license a primary management official or key employee 

if it is determined, in applying the standards in Section 6.08.300 for making a license 

eligibility determination, that licensing the person:

1. Threatens the public interest;

2. Threatens the effective regulation of gaming; or

3. Creates or enhances the dangers of unsuitable, unfair or illegal practices, 

methods and/or activities in the conduct of gaming.

B. When the Commission does not issue a license to an applicant for a primary 

management official or key employee position, or revokes an issued license after 

reconsideration, it shall:

1. Notify the NIGC; and

2. Forward copies of its eligibility determination and notice of results of the 

applicant's background investigation to the NIGC to include in the Indian 

Gaming Individuals Record System.

6.08.340 Gaming License Suspensions and Revocations

A. If, after a license is issued to a primary management official or a key employee, the 

Commission receives notice from the NIGC that the primary management official or 

key employee is not eligible for employment, the Commission shall do the following:

1. Immediately suspend the license;
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2. Provide the licensee with written notice of the suspension and proposed 

revocation; and

3. Provide the licensee with notice of a time and place for a hearing on the 

proposed revocation of the license.

B. The right to a revocation hearing vests only when a license is granted under an 

ordinance approved by the NIGC Chair.

C. Following a revocation hearing, the Commission shall decide whether to revoke or 

reinstate the license.

D. The Commission shall notify the NIGC of its decision to revoke or reinstate a license 

within 45 days of receiving notification from the NIGC that a primary management 

official or key employee is not eligible for employment.

6.08.350 Licenses for Vendors

Vendors of gaming services or supplies, with a compensation value of $25,000 or more 

annually, must have a vendor license from the Tribal Gaming Commission to transact 

business with the Tribal gaming operation. The Commission will approve regulations and 

policies regarding application, background investigation and eligibility requirements. 

Contracts for professional legal and accounting services are excluded from this Section.

6.08.360 Vendors Licensed by Recognized Authorities

The Commission may adopt regulations naming specific licensing authorities it recognizes 

and may authorize exemptions to the vendor licensing process for vendors who have 

received a license from one of the named regulatory authorities.

6.08.370 Gaming Operations.

A. The Tribe's Class II gaming may be conducted every day of the week and at such 

hours of the day or night as determined in exercising the Tribe's sole discretion, and 

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

or session except as determined in exercising the Tribe's sole discretion and in 

compliance with NIGC rules and regulations. 

B. The Tribe's Class Ill gaming may be conducted every day of the week and at such 

hours of the day or night as determined in exercising the Tribe's sole discretion, and 

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

or session except as determined in exercising the Tribe's sole discretion and as 

limited, if, by agreement in a tribal-state compact.

C. All persons involved in the conduct of Class II and Class Ill gaming must be a bona 

fide employee of the Tribe or contractor.

D. No person under the age of eighteen (18) shall participate in any Class II or Class Ill 

gaming. 

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

conducting Class II or Class Ill gaming may play at the game at which such person is 

holding, operating, conducting or assisting.

F. All persons operating or assisting the operation or conduct of any Class II or Class Ill 
Page 24 of 26

gaming shall wear their Identification Badge, issued by the Tribal Gaming Agency. 

The Badges shall be legible tags evidencing the person's name and photo, and other 

information required by the Commission. Identification Badges must be visible and 

worn or otherwise affixed to all persons operating or helping to operate any Class II 

or Class Ill gaming, under applicable internal controls.

6.08.380 Violations-Jurisdiction.

A. It is unlawful for any person to:

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

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

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

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

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

acquiring such knowledge for the purpose of placing, increasing or decreasing a bet 

or determining the course of play contingent upon that event or outcome;

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

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

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

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

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

with the intent that the other person plays or participate in that gambling game;

5. Place or increase a bet after acquiring knowledge of the outcome of the game or 

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

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

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

pinching bets;

7. Manipulate with the intent to cheat, any component of a slot machine or gaming 

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

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

machine or gaming device, knowing that the manipulation affects the outcome of the 

game or with knowledge of any event that affects the outcome of the game;

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

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

denomination as the coin intended to be used in the gambling game;

9. Use any device or means to cheat or to possess any such device while at the Tribe's 

gaming facility;

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

person having management responsibility for a management contract, or their 

agents to significantly and unduly influence the adoption of an ordinance or 

resolution regarding Class II or Class Ill gaming;

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

or Commission member, primary management official, key employee, employee, 

contractor, or any person with an indirect or direct interest in operating Class II or 
Page 25 of 26

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

or received through gambling activities, in consideration for obtaining any license, 

authorization, permission or privilege to participate in any gaming operations except 

as authorized by this chapter or the rules and regulations adopted under this 

chapter.

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

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

frequency of payment in such gaming activities.

C. Any person who willfully or knowingly violates any provision, or any rule or regulation 

authorized, shall be guilty of a criminal offense punishable by a fine not to exceed 

five hundred dollars ($500.00) for each violation, or for each day the violation 

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

D. Any person who willfully and knowingly violates any provision, or any rule or 

regulation authorized, may have the equipment, material and supplies used in 

conducting the unlawful activity seized and forfeited.

E. The Tribal Courts shall have exclusive civil and criminal jurisdiction regarding Class 

II gaming. The Tribe may, regarding Class Ill gaming, enter into a tribal-state 

compact allocating criminal jurisdiction and establishing enforcement protocols. 

Nothing, however, in this chapter shall be construed to authorize or require the 

criminal trial and punishment by the Tribe of non-Indians except to the extent 

allowed or required by any present or future act of Congress or any federal court 

decision.

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

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

contractor's agreement with the Tribe, which involves moral turpitude, dishonesty or

any act which is punishable as a felony or misdemeanor involving moral turpitude

under state or federal laws, or which involves a violation of tribal law.

6.08.390 Net Revenue Tax.

There shall be a tribal tax of that percentage of the net Class II and Class Ill gaming 

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

jurisdiction of the Tribe. The tribal tax shall be assessed and paid monthly into the Squaxin 

Island general fund. "Net revenues" means gross gaming revenues less amounts paid out 

as, or paid for, prizes; and total gaming-related operating expenses, excluding management 

fees. The Council may reduce or waive such tax as necessary to promote economic 

development on Indian lands.

6.08.400 Compliance with Federal Law

The Tribe shall comply with all federal laws, including the Bank Secrecy Act,

31 U.S.C. § 5311 et seq.

6.08.410 Severability Clause.

This chapter shall be severed and if any phrase, clause, sentence or provision is found

to be contrary to the Tribe's Constitution, or declared to violate applicable f e d e r a l law
Page 26 of 26

or is held to be invalid, the validity of the remainder of this chapter shall not be affected

and shall remain in full force and effect.

6.08.420 Enactment of Tribal-State Compact.

This chapter relating to operating Class Ill gaming shall become effective upon the effective

date of the tribal-state compact. The Tribe enacts and incorporates herein by reference the

provisions of the tribal-state compact as set forth in this chapter.

6.08.430 Repeal

To the extent that they are inconsistent with this Ordinance, all prior Tribal gaming 

ordinances are hereby repealed.

6.08.440 Effective Date

This ordinance shall take effect immediately upon its approval by the NIGC Chair.
RESOLUTION NO. 21-08

of the

SQUAXIN ISLAND TRIBAL COUNCIL

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

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

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

on July 8, 1965; and

WHEREAS, under the Constitution, Bylaws and inherent sovereignty of the Tribe, the Squaxin Island

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

of tribal members, and of protecting and managing the lands and treaty resources and rights of the

Tribe; and

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

powers of self-government; and

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

resolutions in order to fulfill their duty of protecting the health, security, education and general welfare

of tribal members, and of protecting and managing the lands and treaty resources of the Tribe; and

WHEREAS, by Resolution No. 15-75 the Squaxin Island Tribal Council adopted a Gaming Ordinance,

which from time to time has been amended, such Gaming Ordinance and amendments having been

approved by the National Indian Gaming Commission (NIGC); and

WHEREAS, the Squaxin Island Tribe Gaming Commission has reviewed the attached Gaming Ordinance

and, by Commission Resolution, have unanimously recommended approval of such Ordinance by Tribal

Council.

WHEREAS, the Squaxin Island Tribal Council finds that it would be in the best interests of the Tribe to

repeal Resolution No. 15-75 and to adopt the Gaming Ordinance, as attached, and to have it submitted

to NIGC for approval; and

WHEREAS, NIGC, subject to approval, should consider the attached Gaming Ordinance as the Gaming
Ordinance of the Squaxin Island Tribe, replacing any and all prior ordinances and/or amendments.

THEREFORE, BE IT RESOLVED, that effective on approval of the attached Gaming Ordinance by the NIGC,

the Squaxin Island Tribal Council hereby Resolution 15-75, and approves and adopts the Gaming

Ordinance, as attached; and

BE IT FURTHER RESOLVED, that the attached Gaming Ordinance shall be sent to the NIGC for approval;

and

BE IT FINALLY RESOLVED, the NIGC, subject to approval, shall consider the attached Gaming Ordinance

as the Gaming Ordinance of the Squaxin Island Tribe, replacing any and all prior ordinances and/or

amendments.

Certification

The Squaxin Island Tribe Council hereby certifies that the foregoing Resolution was adopted at the

regular meeting of the Squaxin Island Tribal Council, held on this 10th day of February, 2021, at which

time a quorum was present and was passed by a vote of 6 for and 0 against, with

0 abstentions.

Kristopher K. Peters

Kristopher K. Peters (Feb 10, 2021 15:03 PST)

Kristopher Peters, Chairman

Jeremie Walls

Jeremie Walls (Feb 10, 2021 15:50 PST)

Jeremie Walls, Secretary

Charlene Krise (Feb 10_, 2021 16:19 PST)

Charlene Krise, Vice Chair