ORDINANCE 118

AMENDMENTS TO SWINOMISH GAMING ORDINANCE

(Ordinance 103 as previously amended by Ordinance 104)

BE IT ENACTED by the Swinomish Indian Senate that Ordinance

No. 103, as previously amended by Ordinance No. 104, is hereby

amended as indicated herein. This amending ordinance is hereby

adopted pursuant to Article VI, Sections 1(a), (k), (1), (rn), and

(s) of the Swinomish Constitution and Bylaws, as amended on October

22, 1985.

(1) Add, and number appropriately, a new subsection to 2.020 as

follows:

(_) Gaming Business Committee or Business Committee

means the body, established pursuant to Section 6.020 of

this Ordinance, with responsibility for the management of

the Gaming Enterprise.

(2) Amend 2.020(e) to read as follows:

(e) Compact means the Tribal -

State Compact for Class

III Gaming between the Swinomish Indian Tribal Community

and State of Washington, entered into on December 21,

1992, and approved by the Secretary of the Interior on

February 11, 1993, in accordance with the Act, and any

duly approved amendments to such Compact.

(3) Strike subsection (f) of 2.020.

(4) Renumber the subsections of 2.020 to reflect the foregoing

addition and deletion.

(5) Strike subsection (b) (2) (iii) of 4.010.

(6) Amend the text of 5.010 to read as follows:

There is hereby established a Swinomish Gaming Commission

which shall be made up of at least five members who shall

be appointed by the Tribal Senate.

(7) In subsection (h) of 5.020, delete the words Section IV and

insert the words Sections IV and VII

ORIGINAL
1

(8) Amend subsection (1) of 5.020 to read as follows:

(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 VII through XII of this

Ordinance.

(9) Amend the text of 6.010 to read as follows:

The Swinomish, Gaming Enterprise is hereby established as

a subordinate economic enterprise and subdivision of the

Swinomish Indian Tribal Community tribal government.

(10) Amend the title and the text of the first paragraph of 6.020

to read as follows:

6.020 Gaining Business Committee

There is hereby established a Gaming Business Committee,

which shall be made up of at least four members who shall

be appointed by the Senate. A majority of the members

shall constitute a quorum. Action shall be taken by a

majority vote of the Business Committee members present

and voting. The Business Committee shall have the

following powers and duties:

(11) Amend subsection (f) of 6.020 to read as follows:

(f) Books. To inspect, examine, and copy all books and

records related to any gaming activities conducted by the

Gaming Enterprise. Such inspection may be carried out by

a Business Committee member or by an agent, tribal

employee, attorney, or independent certified public

accountant acting on behalf of the Business Committee.

(12) Strike subsection (g) of 6.020.

(13) Strike 6.030 in its entirety.

(14) Renumber 6.040 (mistakenly numbered 5.040 in Ordinance 103)

as 6.030 and amend its text to read as follows:

All official records of the Swinomish Gaming Enterprise

and the Gaming Business Committee shall be kept in the

offices of the Gaming Enterprise and the Swinomish Indian

Tribal Community.
(15) Amend the text of 8.020 to read as follows:

Any premises within the Swinomish Indian Reservation

where gaming is conducted shall be subject to inspection

by the Commission and its investigators.

(16) Amend the text of 8.030 to read as follows:

Failure to cooperate with the Commission or a Commission

investigator who is engaged in the enforcement of this

Ordinance shall be a violation of this Ordinance and

shall be grounds for revocation of any permit or license

issued hereunder.

(17) Insert in 8.040, after the word Ordinance, the following:

the Compact, or the rules and regulations of the

Commission

(18) Amend 8.060 to read as follows:

8.060 Permit and License Suspension and Revocation

(a) When a Commission investigator 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, and the violation poses an

immediate threat to public safety, the integrity of

gaming, or the assets of the Gaming Enterprise, the Tribe

or a member of the public, the investigator may

immediately suspend any Commission license or permit

issued to the person responsible for the violation.

(b) The Commission may, after notice to the person

involved and an opportunity for a hearing, revoke,

suspend, or impose conditions upon any Commission license

or permit whenever necessary to enforce the provisions of

the Act, the Compact, this Ordinance, or Commission rules

and regulations.

(19) Amend 9.010 to read as follows:

9.010 Criminal Offenses

Any person, operator, player, permittee or employee of

the Tribe who violates any provision of this Ordinance or

any regulation adopted hereunder, and who is subject to

the criminal jurisdiction of the Swinomish Tribal Court,

shall be guilty of a criminal offense and shall be

subject to a fine of up to five thousand dollars
($5,000.00) or imprisonment of not to exceed twelve (12)

months, or both, as well as cost of prosecution.

(20) Amend the text of 9.030 to read as follows:

If the Swinomish Tribal Court finds that a permittee or

licensee has violated any part of this Ordinance, the

Court shall order that any then valid permits or licenses

be revoked.

(21) Amend the text of Section X to read as follows:

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 IX.

(22) Amend the text of Section XI to read as follows:

Any person who violates any provision of this Ordinance,

including any provision of the Compact incorporated

herein, or any Commission rule or regulation adopted

pursuant to this Ordinance, shall be subject to civil

penalties including exclusion from employment by any

Tribal gaming enterprise, exclusion from attendance at

any Tribal gaming facility, exclusion from the

Reservation, the payment of restitution, and a monetary

penalty of up to $5,000.00 for each such violation. Each

day that a violation continues shall be considered a

separate violation for the purposes of this section. The

Gaming Commission shall have the jurisdiction to impose

such penalties on any person within the civil

jurisdiction of the Tribe. The Commission is hereby

authorized to pursue civil remedies against violators in

Tribal, state, and federal court.

(23) Amend subsection (a) of Section XII to read as follows:

(a) Conduct or participate in any Class II or Class III

gaming operation on the Reservation except as authorized

by this Ordinance.

(24) Amend subsection (b) of Section XII to read as follows:

(b) Receive, distribute, apply, or divert any property,

funds, proceeds or other assets of the Gaming Enterprise

to the benefit of any individual or any other person

except as authorized by this Ordinance and approved by
the Business Committee in the ordinary course of

business.

(25) Amend subsection (e) of Section XII 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 VII, 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.

&~

WA WALTON

Robert Joe, Sr., Chairman

Swinornish 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 May 7, 1996, at which time a quorum

was present and the ordinance was passed by a vote of 10 FOR, 0

AGAINST, and 0 ABSTENTIONSSwinomish Senate