ORDINANCE NO. 151

AMENDMENTS TO SWINOMISH GAMING ORDINANCE

(Ordinance No. 103 as previously amended by Ordinance Nos. 104, 118, and 130)

(Title 12 SIC)

BE IT ENACTED by the Swinomish Indian Senate, that Ordinance No. 103, as

previously amended by Ordinance 104, Ordinance No. 118, and Ordinance No. 130 (Title 12

of the Swinomish Tribal Code), is hereby amended as indicated herein. This amending

ordinance is adopted pursuant to Article VI, Sections 1(a), (k), (1), (m), and (s) of the

Swinomish Constitution and Bylaws, as amended.

(1) Amend Section 2.020(h) to read as follows:

(h) Gaming Enterprise means the Swinomish Gaming Enterprise established by the

Tribe to conduct gaming operations of the Tribe on the Reservation.

(2) Amend Section 4.050(a) to read as follows:

(a) When a key employee or primary management official begins work at a gaming

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

Commission a completed application for employment and conduct the background investigation

provided for in Section 4.030.

(3) Amend Sections 5.020(h), (1), and (m) to read as follows:

(h) The Commission may issue licenses for key employees and primary management

officials in accordance with Section 4. The Commission may issue licenses for other Class II

and Class III gaming employees, and for other employees of the Gaming Enterprise, in

accordance with Commission rules and regulations, and, to the extent applicable, in accordance

with the requirements of the Compact. The Commission may suspend and revoke licenses in

accordance with Section 8.

(1) The Commission may impose penalties for violations of this Ordinance, the

Compact, Commission rules and regulations, or the Standards of Operation and Management in

accordance with Sections 8 through 12 of this Ordinance.

(m) The Commission may in the name of the Tribe bring any civil action or criminal

complaint in the courts of the Tribe, the State or the United States to enforce the provisions of

this Ordinance or to enjoin or otherwise prevent any violation of this Ordinance, the Act, the

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Compact, or Commission rules and regulations, occurring on the Reservation.

(4) Amend Section 6.020(b) to read as follows:

(b) Reports. To oversee the operation of all gaming activities operated by the

Gaming Enterprise and to make regular reports to the Senate at least once every two months on

the operation and financial status of each separate activity.

(5) Add new Section 7.025 as follows:

7.025 Washington State Lottery Sales

The Senate may authorize entities of the Tribe to be Washington State Lottery vendors.

Washington State Lottery sales on the Reservation shall be conducted in conformance with the

Compact and such rules and regulations as the Swinomish Gaming Commission may prescribe.

(6) Amend Section 8.040 to read as follows:

8.040 Citations and Other Enforcement Actions

When a Commission inyestigator has probable cause to believe that a violation of this Ordinance,

the Compact, or the rules and regulations of the Commission is taking place or has taken place

the investigator shall issue the person or persons involved a civil citation and/or take other

appropriate enforcement action, including but not limited to license or permit suspension

pursuant to Section 8.060. If the person found to be in violation is not present, the citation shall

be served on the operator or employee present. Civil citations shall require that the cited person

appear before the Swinomish Gaming Commission which may, after a hearing conducted

pursuant to Commission rule, impose the civil remedies provided for in Section 11. The

Commission may, in addition or in the alternative, refer appropriate matters for criminal

prosecution in Tribal Court under Section 9, or, where there has been a violation of state or

federal law, refer such matters to the appropriate non-tribal law enforcement agency.

(7) Amend Section 8.050 to read as follows:

8.050 Removal

A Commission investigator may remove from a gaming facility any person subject to citation

pursuant to Section 8.040 or subject to license or permit suspension pursuant to Section 8.060

whenever the circumstances of the violation lead the investigator to believe that continuation of

the activity poses a threat to public safety, the integrity of gaming, or the assets of the Gaming

Enterprise.

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(8) Amend Section 10 to read as follows:

10. TRIBAL COURT

The Swinomish Gaming Commission and the Swinomish Tribal Court shall have exclusive

jurisdiction over any controversies arising under this Ordinance. The Tribal Court shall have

exclusive jurisdiction to enforce Section 9.

(9) Amend Section 12(e) to read as follows:

(e) To participate as a player in any regular public bingo game, any lottery, any pari

mutuel wager, or game of chance authorized pursuant to Section 7, conducted by the Tribe,

while such person is a member of the Gaming Commission or the Business Committee, or an

employee of the Gaming Commission, or, except to the extent that such participation is

authorized by the rules and regulations of the Gaming Commission, while such person is an

employee of the Gaming Enterprise.

Effective date of this Amending Ordinance This Ordinance shall be effective as of the date

of its adoption by the Swinomish Indian Senate.

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Brian Cladoosby, Chairman

Swinomish Indian Senate

CERTIFICATION

As Secretary of the Swinomish Indian Senate, I hereby certify that the foregoing ordinance was

approved at a Regular Meeting of the Swinomish Indian Senate held on April 9, 2002, at which

time a quorum was present and the ordinance was passed by a vote of q FOR, O

AGAINST, and 0 ABSTENTIONS.

Lydia harles, Secretary

Swinomish Indian Senate

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