I

SKOKOMISH GAMING CODE

A law to authorize, license and regulate certain forms ofgaming within thejurisdiction ofthe

Skokomish Indian Tribe of Washington.

Adopted by Resolution No. 95-103 (October 18, 1995)

Amended by Resolution No. 96-12 (February 28, 1996)

Amended by Resolution No. 00-51 (May 18, 2000)

TABLE OF CONTENTS

FINDINGS, PURPOSES AND POLICY

4.02.001 Findings

4.02 002 Purposes

4.02 003 Tribal Policy of Self-government

4.02 004 Tribal Gaming Policy

DEFINITIONS

4.02.010 Adjusted Gross Proceeds

4.02.011 Bingo

4.02.0 12 Charitable gaming ticket

4.02.013 Cheating

4.02.014 Code

4.02.015 Compact

4.02.016 Compensation

4.02.017 Council or Tribal Council

4.02.018 Educational, Charitable, Patriotic, Veterans, Fraternal, Religious,

Civic, or Public-Spirited Uses

4.02.019 Electronic Games of Chance

4.02.020 Eligible Organization

4.02.021 Equipment for Games of Chance

4.02.02 2 Game or Game of Chance

4.02.023 Gaming Employee

4.02.024 GamIng or Gaming Activity

4.02.025 Gaming Apparatus or Gaming Equipment

4.02.026 Gaming Facility

4.02.027 Gaming Operator

4.02.028 Gross Proceeds

4.02.029 Indian Gaming Regulatory Act or IGRA

4.02.030 Immediate Family

4.02.031 Indian Lands

4.02.032 IRS

4.02.033 Key Employee

4.02.034 License

4.02.035 Lotto

4.02.036 Net Revenues

4.02.037 Participate

4.02.038 Person

4.02.039 Player

4.02.040 Primary Management Official

4.02.04 1 PrincIpal

S.T.C. 4.02 1 GAMING CODE -1
4.02.042 Progressive gaming

4.02.043 Pull-tabs, Punchboards, and Tip Jars

4.02.044 Raffle

4.02.045 Skokomish Tribal Lands

4.02.046 State

4.02.047 Tribal Commission

4.02.048 Tribe

4.02.049 Twenty-One

4.02.050 Wager

GENERAL PROVISIONS

4.02.060 Authority and Sovereign Powers and Responsibilities

4.02.061 Application of Federal Policy

4.02.062 Skokomish Tribal Policy of Self-government

4.02.063 Title, Repeal of Prior Laws, and Effect of Repeal

4.02.064 Classes of Gaming

4.02.065 Construction

4.02.066 Savings Clause

TRIBAL GAMING COMMISSION

4.02.080 Establishment

4.02.081 Location and Place of Business

4.02.082 Duration

4.02.083 Attributes

4.02.084 Recognition as a Political Subdivision of the Tribe

4.02.085 Sovereign Immunity of the Tribal Commission

4.02.086 Sovereign Immunity of the Tribe

4.02.087 Waiver of Sovereign Immunity of the Tribal Commission

4.02.088 Credit of the Tribe or Tribal Commission

4.02.089 Assets of the Tribal Commission

4.02.090 Membership

4.02.091 Term of Office

4.02.092 Meetings

4.02.093 Organization

4.02.094 Removal of Members or Vacancies

4.02.095 Conflict of Interest

4.02.096 Powers of the Tribal Commission

4.02.097 Annual Budget

4.02.098 Tribal Commission Regulations

4.02.099 Right of Entrance; Monthly Inspection

4.02.100 Investigations

4.02.101 Hearings; Examiner

4.92.102 Appointment of Examiner; Power of Examiner

4.02.103 Bank Account for Tribally Owned or Tribally Managed Gaming

Facility

4.02.104 Quarterly Report of Gaming Manager Reports

GAMING AND GAMING LICENSES

4.02.110 Applicability

4.02.111 Gaming Prohibited

4.02.112 License Required

S.T.C. 4.02 GAMING CODE -2
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4.02.113

4.02.114

4.02.115

4.02.116

4.02.117

4.02.118

4.02.119

4.02.120

4.02.121

4.02.122

4.02.123

4.02.124

4.02.125

Types of Licenses

No License Requirement for Class I Gaming

Application Procedures

Criteria Which a Potential Gaming Operator Must Meet

License Application Fees

License Tax

Form of Gaming License

Scope of Gaming License

Terms of License

Posting of Licenses

Gaming License Renewals

Annual Reports

Procedure to Remedy Gaming License Violation

GAMING EMPLOYEE LICENSES

Current and Valid GamLug Employee License Required

Application for Gaming Employee License

Review Procedure for Gaming Employee License Application

Standards for Denial of a Key Employee or Primary Management

Official License

Scope of Gaming Employee License

Licensing Period

Renewals

Requirement to Produce License Upon Request

Permanent License Revocation of Employee Gaming License

Temporary Suspension of Employee Gaming License

Tribal Non-Gambling Related Offenses

PROVISIONS OF GENERAL APPLICABILITY TO ALL GAMING OPERATORS

4.02.150 Provisions of General Applicability to All Gaming Operators

ENFORCEMENT

4.02.160

4.02.161

4.02.162

4.02.163

4.02.164

4.02.165

4.02.166

4.02.167

4.02.168

Jurisdiction

Prohibited Acts

Criminal Violation

Civil Violation

Cumulative Fines

Purpose of Civil Penalties

Civil Action for Penalties

Seizure and Forfeiture of Property

Reporting Offenders

OPERATION OF TRIBALLY OWNED OR TRIBALLY OPERATED GAMES

4.02.180 Management by a General Manager

4.02.181 Use of Net Revenues of Tribally Owned or Tribally Operated

Gaming Activities

Maintenance of Records

Audit Requirements

Management Contracts

Financier Contracts

Additional Requirements for Operation of Tribally Owned or

4.02.130

4.02.131

4.02.132

4.02.133

4.02.134

4.02.135

4.02.136

4.02.137

4.02.138

4.02.139

4.02.140

4.02.182

4.02.183

4.02.184

4.02.185

4.02.186

S.T.C. 4.02 GAMING CODE -3
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Tribally Operated Games

AUTHORIZED GAMES

4.02.190 Authorized Games

SEVERABILITY

4.02.200 Severability

Findings. Purposes and Policy

4.02.001 Findings

The Skokomish Tribal Council on behalf of the Skokomish Tribe finds that:

(a) Tribal regulation and control of gaming activity within the jurisdiction of the Skokomish

Indian Tribe is essential for the protection t5f public health and welfare, and the interests of

the Tribe and the residents of and visitors to the tribal community.

(b) The Tribe has the legal authority to license and regulate all gaming activity, not

specifically prohibited by federal law, within the jurisdiction of the Tribe.

(c) Properly licensed and regulated gaming activities conform with announced federal policy

promoting Indian self-government and Indian tribal economic self-sufficiency.

(d) It is essential that the Tribe, through its Tribal Council, regulate gaming in a manner

commensurate with applicable federal and tribal law and policy.

(e) The present needs of the Tribe include increased employment, job and skills training,

housing, quality health care, improved nutrition, educational opportunities, social services,

law and order, public safety and judiciary, and community and economic development;

needs that are not adequately addressed by present tribal, federal and state programs.

(f) Tribal operation and licensing of gaming activities on the Reservation are appropriate

means of generating revenue to address the needs of the Tribe.

(g) The Tribe is vigorously pursuing its goal of self-sufficienc~ and self-determination

through the development of tribal businesses and enterprises. -Because the Skokomish

Reservation lacks income-generating natural resources and because the Tribes tax base is

almost non-existent, the Tribe must rely on tribal business~ development to raise the funds

necessary to expand its social, health, and education programs, increase employment and

improve its on-reservation economy. This effort has recently become increasingly important

as a result of cutbacks in federal, and state funding and the increased costs of selfgovernment. It is therefore essential that the Tribe develop new and expanded sources of

revenue to support its ever-increasing governmental needs and to provide much needed

employment and training for tribal members.

(h) As a result, the adoption of the following new and expanded gaming law is in the best

interest of the Skokomish Indian Tribe.

S.T.C. 4.02 GAMING CODE -4
4.02.002 Purposes

The purposes of this Code are to:

(a) Regulate, control, and license the operation of all gaming within the jurisdiction of the

Tribe.

(b) Make clear and explicit that a tribal license to operate a gaming activity is a revocable

privilege, not a right or property interest.

(c) Ensure that the operation of tribally regulated gaming will continue as a means of

generating tribal revenue.

(d) Ensure that tribally regulated gaming is conducted fairly and honestly by both gaming

operators and players and that it remain free from corrupt, incompetent, unconscionable and

dishonest persons and practices.

(e) Promote and strengthen tribal economic development and self-determination and

enhance employment opportunities- for its members.

(f) Generate revenue to strengthen and improve tribal self-government and the provision of

tribal governmental services.

(g) Ensure that all gaming revenue is used for the benefit of the Tribe and the Reservation

community.

(h) Ensure that tribal gaming laws are strictly and fairly enforced against all persons

involved in gaming activities within the jurisdiction of the Tribe.

(i) Ensure that the Tribe provide a fair and impartial forum for the resolution of gaming

disputes.

4.02.003 Tribal Policy of Self-Government

The Tribe is firmly committed to the principle of tribal self-government. Consistent with federal

policy, tribal government provides a wide range of public services on the. Reservation, including

general governmental services, maintenance of peace and good order, establishment of educational

systems and prograi~is, and promotion and regulation of economic activities within the sovereign

jurisdiction of the Tribe.

4.02.004 Tribal Gaming Policy

The establishment, promotion, and operation of gaming is necessaiy and desirable, provided that such

gaming is regulated and controlled by the Tribe pursuant to tribal and federal law and any tribal-state

gaming compact entered into pursuant to the Indian Gaming Regulatory Act, and that all proceeds

of such gaming are used for the benefit of the Tribe as required by the Indian Gaming Regulatory Act

and tribal law. When operated in accordance with the provisions of this Code, such gaming will be

conducive to the general welfare of all residents of the Reservation.

S.T.C. 4.02 GAMING CODE -5
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Definitions

In this Code, except where otherwise specifically provided or where the context otherwise requires,

the following terms and expressions shall have the following meanings:

4.02.010 Adjusted Gross Proceeds

Adjusted gross proceeds means gross proceeds less all cash prizes or the aggregate price of

merchandise prizes, except in the case of the games of draw poker and stud poker. Regarding games

of draw poker and stud poker, adjusted gross proceeds means the time buy-ins or tournament fees

collected by the gaming operator.

4.02.011 Bingo

Bingo means the game of chance commonly known as bingo (whether or not electronic, computer,

or other technologic aids are used in connection therewith) which is played for prizes, including

monetary prizes;with cards bearing numbers or otherdesignations, in which the holder of each card

covers such numbers or designations when objects similarly numbered or designated are drawn or

electronically determined, and 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.

4.02.0 12 Charitable Gaming Ticket

Charitable gaming ticket means any game piece used in the play of a paper pull tab game, or jar

ticket game, or raffle.

4.02.0 13 Cheating

Cheating means operating or playing in any game in a manner in violation of the written or

commonly understood rules of the game, with the intent to create for oneself or someone in privity

with one an advantage over and above the chance of the game.

4.02.014 Code

Code means this Code, the Skokomish Gaming Code, as now or hereafter amended.

4.02.015 Coi~pact

Compact means a gaming compact between the Tribe and the State of Washington as authorized

by the Indian Gaming Regulatory Act (IGRA), or by tribal or state law.

4.02.016 Compensation

Compensation means all wages, salaries, bonuses, and all other forms ofremuneration for services

rendered.

4.02.017 Council or Tribal Council

Council or Tribal Council means the governing body of the Skokornish Indian Tribe.

S.T.C. 4.02 GAMING CODE -6
4.02.018 Educational, Charitable, Patriotic, Veterans, Fraternal, Religious, Civic, or

Public-Spirited Uses

Educational, charitable, patriotic, veterans, fraternal, religious, civic, or public-spirited uses are:

(a) Uses benefiting an indefinite number of people by bringing them under the influence of

educational or cultural programs.

(b) Uses otherwise lessening the burden of tribal government.

(c) Uses benefiting one or more persons suffering from a seriously disabling disease or

injury causing severe loss of income or incurring extraordinary medical expense that is

uncompensated by insurance.

(d) Uses for community service projects that promote the common good, enhance the social

and econornjc welfare of the community, and benefit an indefinite number of people.

4.02.0 19 Electronic Games of Chance

Electronic games of chance means electronic games featuring coin drop and payout as well as

printed tabulations, whereby the software of the device predetermined the presence or lack of a

wining combination and payout. Electronic games of chance are microprocessor controlled

electronic devices which allow a player to play games of chance, which may be affected by an

element of skill, activated by the insertion of a coin or currency, or by the use of a credit, and awards

game credits, cash, tokens, or replays, or a written statement of the players accumulated credits,

which written statements are redeemable for cash.

4.02.020 Eligible Organization

Eligible organization means any nonprofit organization operated for educational, charitable,

patriotic, veterans, fraternal, religious, civic, or public-spirited uses, or for the relief of poverty,

distress, or other condition on the Skokomish Reservation.

4.02.021 Equipment for Games of Chance

Equipment for games of chance. See Gaming Apparatus.

4.02.022 Game or Game of Chance

Game or game of chance means any activity which falls within the broad definition of gaming

or gaming activity.

4.02.023 Gaming Employee -

Gaming employee means any natural person employed in the operation or management of each

gaming activity or operation, whether employed by or contracted to the Tribe or by any person or

enterprise providing on or off-site services to the Tribe within or without the gaming facility

regarding any gaming activity or operation, including, but not limited to, gaming operation managers

and assistant managers; accounting personnel; surveillance personnel; cashier supervisors; dealers

or croupiers; box men; floormen; pit bosses; shift bosses; cage personnel; collection personnel; -

gaming consultants~ management companies and their principals; and any other natural person whose

S.T.C. 4.02 GAMING CODE -7
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employment duties require or authorize access to restricted areas of each gaming activity or operation

not otherwise open to the public.

4.02.024 Gaming or Gaming Activity

Gaming or gaming activity means any activity, operation or game in which valuable

consideration is wagered upon the outcome determined in whole or in part by chance, skill, speed,

strength, or endurance or any combination of strength or endurance, and in which something of value

is awarded to a person or persons so wagering, and any activity in furtherance thereof; including

owning, financing, managing, participating in, conducting, or assisting in any way in any such

activity at the site at which it is being conducted, directly or indirectly, whether at the site in person

or off the Reservation.

4.02.025 Gaming Apparatus or Gaming Equipment

Gaming apparatus or gaming equipment means any device, machine, paraphernalia, or equipment

that is used or usable in the playing phases of any~gaming activity, whether or not specifically

designed for the purpose, but excluding tables and chairs normally used in the occupancy of any

gaming facility.

4.02.026 Gaming Facility

Gaming facility means any location or structure, stationary or movable, where gaming is permitted,

promoted, performed, conducted, or operated. Gaming facility does not include the site of a fair,

carnival, exposition, or similar occasion.

4.02.027 Gaming Operator

Gaming Operator means a person who has obtained a gaming license under this Code or who is

otherwise permitted by this Code to perform, promote, conduct, or operate any gaming activity on

Indian lands.

4.02.028 Gross Proceeds

Gross proceeds means any money collected or received from any gaming activity.

4.02.029 Indian Gaming Regulatory Act or IGRA

Indian Gaming Rejulatory Act or IGRA means Public Law 100-497, 102 Stat. 2426, 25 U.S.C.

§~2701-272L (1988), as amended.

4.02.030 ImmedIate Family

Immediate Family means, with respect to the person under consideration, a husband, wife, father,

mother, son, daughter, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law,

brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister,

half brother, or half sister.

4.02.03 1 Indian Lands

Indian lands means:

S.T.C. 4.02 GAMING CODE -8
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(a) land within the limits of an Indian Reservation; or

(b) land over which an Indian tribe exercises governmental power and that is either:

(I) held in trust by the United States for the benefit of any Indian tribe or

individual; or

(2) held by an Indian tribe or individual subjeci to restriction by the United States

against alienation.

4.02.032 IRS

IRS means the United States Internal Revenue Service.

4.02.033 Key~Employee

Key employee means:

(a) A person who performs one or more of the following functions:

(I) Bingç caller;

(2) Counting room supervisor;

(3) Chief of security;

(4) Custodian of gaming supplies or cash;

(5) Floor manager,

(6) Pit-boss;

(7) Dealer,

(8) Croupier,

(9) Approver of credit;

(10) Custodian of gambling devices including persons with access to cash and

accounting records within such devices;

(b) If not otherwise included, any otherperson whose total cash compensation derived from

gaming subject to this Code is in excess of $50,000 per year; Qt,

(c) If not otherwise included, the four most highly compensated persons in the gaming

operation.

S.T.C. 4.02 GAMING CODE -9
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4.02.034 License

License means any official, legal, and revocable permission granted by the Tribal Commission

pursuant to this Code to an applicant to conduct any gaming activity on Indian lands.

4.02.035 Lotto

Lotto means a form of gaming in which all or a part of the proceeds derived from the sale of tickets

or chances are pooled and such proceeds are allotted by chance to one or more chance takers or ticket

purchasers. The amount of cash prizes or winnings are determined by the gaming operator

conducting the lottery and a progressive pool is permitted.

4.02.036 Net Revenues

Net revenues means gross gaming revenues of the tribal gaming operation less amounts paid out

as, or paid for prizes and total gaming related operating expenses, excluding management fees.

4.02.037 Participate

Participate in any gaming activity means to operate, direct, finance, or in any way assist in the

establishment or operation of any class of gaming or any site at which such gaming is being

conducted, directly or indirectly, whether at the site in person or off the Reservation.

4.02.038 Person

Person means any individual, partnership, joint venture, corporation, joint stock company,

company, firm, association, trust, estate, club, business trust, municipal corporation, society, receiver,

assignee, trustee in bankruptcy, political entity, and any owner, director, officer, or employee of any

such entity, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal,

nonprofit, or otherwise, the government of the Tribe, any governmental entity of the Tribe, or any

of the above listed forms of business entities that are wholly owned or operated by the Tribe;

provided, however, that the term does not include the federal government and any agency thereof.

4.02.039 Player

Player means a person participating in any game, but does not include a gaming operator.

4.02.040 Primary Management Official

Primary Management Official means

(a) The person having management responsibility for a management contract approved by

the National Indian Gaming Commission; or

(b) Any person who has authority:

(1) To hire and fire gaming employees; or

(2) To set up working policy for a gaming enterprise; or

S.T.C. 4.02 GAMING CODE -10
(c) The chief financial officer or other person who has fmancial management responsibility

for a gaming activity.

4.02.041 Principal

Principal means with respect to any management contractor:

(a) each of its officers and directors;

(b) each of its principal management employees, including any chief executive officer, chief

financial officer, chief operating officer, or general manager;

(c) each of its owners or partners, if it is an unincorporated business;

(d) each of its shareholders who owns more than ten percent of the shares of the corporation,

if a corporation; and

(e) each person other than a banking institution who has provided financing for the

enterprise constituting more than ten percent of the total financing of the enterprise.

4.02.042 Progressive Gaming

Progressive gaming means any game in which a cash prize not being won by any player during any

game is retained and further monetarily enhanced by the gaming operator or eligible organization and

offered as a prize to players in the next game.

4.02.043 Pull-Tabs, Punchboards, and Tip Jars

Pull-tabs, punchboards, and tip jars means any disposable card, board, ticket, or display which

accords the player an opportunity to win something of value by opening, pulling, detaching, or

otherwise removing or uncovering tabs or covers from the card, board, ticket, or display to reveal a

set of numbers, letters, symbols, configurations, or combinations thereof which have been previously

specified as a winning combination.

4.02.044 Raffle

Raffle means any gaming in which each player buys a ticket for a chanc&to win a prize, with the

winner determined by a random method. Raffle does not include slot machines.

4.02.045 Skokomish Tribal Lands

Skokomish Tribal Lands includes all lands lying within the boundaries of Mason County set aside

for the Skokomish Indian Tribe under the Point-No-Point Treaty which was concluded on January

26, 1855 and ratified by Congress on March 8, 1895, and all lands added thereto by Executive Order,

Act of Congress, or otherwise under federal law, and all lands held in trust for the benefit of the

Skokomish Tribe or any of its members contiguous to the Reservation, notwithstanding the issuance

of any patent and including rights-of-way running through such lands..

For purposes of Class ifi gaming only, the term Skokomish Tribal Lands shall have the meaning

contained in Section (2)(OJ and (3)(F) of the Class III compact, as now or hereafter amended,

S.T.C. 4.02 GAMING CODE -11
)

between the Skokomish Tribe and the State of Washington for so long as that subsection is legally

applicable by its own terms or under applicable law.

4.02:046 State

State means the State of Washington.

4.02.047 Tribal Commission

Tribal Commission means the Skokomish Tribal Gaming Commission described in S.T.C. 4.02.080

through 4.02.104.

4.02.048 Tribe

Tribe means and Tribal refers to the Skokomish Indian Tribe of Washington, a federally

recognized Indian tribe acting through the duly elected Tribal Council pursuant to the tribal

constitution and bylaws, unless the context clearly indicates a general meaning.

4.02.049 Twenty-one

Twenty-one, also known as blackjack, means a card game played by a maximum of seven players

and one dealer where each player plays his hand against the dealers hand with the object of obtaining

a higher total card value than the dealer by reaching 21 or as close to 21 as possible without

exceeding that count. The cards have the following value:

(a) Aces count either one or 11, at the players option.

(b) Kings, queens, and jacks each have a count often.

(c) All other cards are counted at their face value.

4.02.050 Wager

Wager means the bet made or consideration or value given by a player in any game.

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General Provisions

4.02.060 Adhority and Sovereign Powers and Responsibilities

This Code is enacted pursuant to the inherent sovereign powers of the Tribe and the powers expressly

delegated to the Tribal Council by Article V of the Tribal Constitution.

4.02.061 Application of Federal Policy

In 1970, President Nixon announced the policy of the United States government to promote selfdetermination for Indian tribes. At the heart of this policy is a commitment by the federal

government to foster and encourage tribal self-government, economic development, and self

sufliciency. That commitment was signed into law in 1975 as the Indian Self-Determination and

Education Assistance Act, Public Law 93-638, 88 Stat. 2203, 25 U.S.C. §~45O-45On. In 1983

President Reagan reaffirmed that commitment in his Indian policy statement, encouraged tribes to

S.T.C. 4.02 GAMING CODE -12
I

reduce their dependence on federal funds by generating more of their own revenues, and pledged to

assist tribes in that endeavor.

In 1 9~8 the federal commitment to promote tribal economic development, tribal self-sufficiency, and

strong tribal government was expressly legislated in the Indian Gaming Regulatoiy Mt (IGRA),

Public Law 100-497, 102 Stat. 2426, 25 U.S.C. §* 2701, ~t ~. (1988), which recognized the

inherent sovereign right of tribes to operate and their exclusive right to regulate on Indian lands

gaming which is not specifically prohibited by federal law and is conducted within a state which does

not, as a matter of ~riminal Jaw and public policy, prohibit such gaming, and provided a federal

statutory basis for operation and regulation of Indian gaming.

4.02.062 Skokomish Tribal Policy of Self-Government

The Tribe is firmly committed to the principle of tribal self-government. Consistent with federal

policy, tribal government provides a wide range of public services on the Reservation, including

general governmental services, the maintenance of peace and good order, the establishment of

educational systeth~ and programs, and the promotidiland regulation of economic activities within

the sovereign jurisdiction of the Tribe.

4.02.063 Title, Repeal of Prior Laws, and Effect of Repeal

This Code may be cited as the Skokomish Gaming Code. The Code shall be appropriately inserted

in the Skokomish Tribal Code.

All ordinances of the Tribe and all titles, chapters, and sections of the Tribal Code that pertain to

gaming and are in effect as of the effective date of this Code are hereby repealed, and all other tribal

laws or parts thereof inconsistent with the provisions of this Code are hereby repealed.

Repeal of this Code or any portion thereof shall not have the effect of reviving any prior tribal law

theretofore repealed or suspended.

4.02.064 Classes of Gaming

There are three classes of gaming on Indian lands under this Code:

(a) Class I Gaming means social gaming solely for prizes of minimal value or traditional

forms of Indian gaming engaged in by individuals as a part of or fri connection with tribal

ceremonies or celebration.

(b) Class II Gaining means:

(1) The game of chance commonly known as bingo (whether or not electronic,

computer, or other technologic aids are used in connection therewith), which is

played for prizes, including monetaxy prizes, with cards bearing numbers or other

designations, in which the holder of the card covers such numbers or designations

when objects similarly numbered or designated are drawn or electronically

determined, and 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 at the same location) pull-tabs, lotto, punch boards, tip jars, instant bingo,

and other games similar to bingo; and

S.T.C. 4.02 GAMING CODE - 13
(2) All card games operated by the Tribe prior to May 1, 1988.

(3) All other card games explicitly authorized or not explicitly prohibited by the

laws of the State and which are played at any location in the State, if played in

conformity with State laws and regulations regarding hours orperiods of operation

of such card games or limitations on wagers or pot size in such card games.

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

4.02.065 Construction

In construing the provisions of this Code, unless the context otherwise requires, the following rules

shall apply:

(a) This Code shall be liberally construed to effect its purpose and to promote substantial

justice.

(b) Words in the present tense include the future and past tenses.

(c) Words in the singular number include the plural, and words in the plural number include

the singular.

(d) Words of the masculine gender or neuter include masculine and feminine genders and

the neuter.

4.02.066 Savings Clause

If any section of this Code is invalidated by a court of competent jurisdiction, the remaining sections

shall not be affected thereby.

Tribal Gaming Commission

4.02.080 Establishment

The Tribe hereby charters, creates and establishes the Skokomish Tribal Gaming Commission as a

governmental subdivision of the Tribe.

4.02.081 Lod~ation and Place of Business

The Tribal Commission shall be a resident of and maintain its headquarters, principal place of

business, and offices on the Skokomish Reservation. The Tribal Commission may, however,

establish other places of business in such other locations as the Tribal Commission may from time

to time determine to be in the best interest of the Tribe.

4.02.082 Duration

The Tribal Commission shall have perpetual existence and succession in its own name, unless

dissolved by the Tribe pursuant to Tribal law.

S.T.C. 4.02 GAMING CODE - 14
I

4.02.083 Attributes

As a ~ovemmental subdivision of the Tribe, the Tribal Commission has been delegated the right to

exercise one or more of the substantial governmental functions of the Tribe, including regulation of

tribal gaming pursuant to the IGRA and tribal law. It is the purpose and intent of the Tribe in

creating the Tribal Commission that the operations of the Tribal Commission be conducted on behalf

of the Tribe for the sole benefit and interests of the Tribe, its members, and the residents of the

Reservation. In carrying out its purposes under this Code, the Tribal Commission shall function as

an arm of the Tribe. Notwithstanding any authority delegated to the Tribal Commission under this

Code, the Tribe reserves to itself the right to bring suit against any person or entity in its own right,

on behalf of the Tribe or on behalf of the Tribal Commission, whenever the Tribe deems it necessary

to protect the sovereignty, rights, and interests of the Tribe or the Tribal Commission.

4.02.084 Recognition as a Political Subdivision of the Tribe

The Tribe, on behalf of the Tribal Commission, shall take all necessary steps to acquire recognition

of the Tribal Commission as a political subdivision of the Tribe, recognized by all branches of the

United States Government as having been delegated the right to exercise one or more substantial

governmental functions of the Tribe.

4.02.085 Sovereign Immunity of the Tribal Commission

The Tribal Commission is hereby clothed with all the privileges and immunities of the Tribe, except

as specifically limited by this Title or other tribal law, including sovereign immunity from suit in any

tribal, federal, or state court. Except as provided in Section 4.02.087, nothing in this Code nor any

action of the Tribe or the Tribal Commission shall be deemed or construed to be a waiver of

sovereign immunity from suit of the Tribal Commission, or to be a consent of the Tribe or the Tribal

Commission to the jurisdiction of the United States or of any state or any other tribe with regard to

the business or affairs of the Tribe or the Tribal Commission to any cause of action, case, or

controversy, or to the levy of any judgment, lien or attachment upon any property of the Tribe or the

Tribal Commission, or to be a consent of the Tribe or the Tribal Commission to suit in respect to any

Indian land, or to be a consent of the Tribe or the Tribal Commission to the alienation, attachment,

or encumbrance of any such land.

4.02.086 Sovereign Immunity of the Tribe

All inherent sovereign rights of the Tribe as a federally recognized Indian tribe with respect to the

existence and activities of the Tribal Commission are hereby expressly reserved, including sovereign

immuniiy from suitin any tribal, federal or state court. Except as provided in Section 4.02.087,

nothing in this Code nor any action of the Tribal Commission shall be deemed or construed to be a

waiver of sovereign immunity from suit of the Tribe, or to be a consent ofthe Tribe to the jurisdiction

of the United States or of any state or of any other tribe with regard to the business or affairs of the

Tribal Commission or the Tribe, or to be a consent of the Tribe to any cause of action, case, or

controversy, or to the levy of any judgment, lien, or attachment upon any property of the Tribe, or

to be a consent to suit in respect to any Indian land, or to be a consent to the alienation, attachment,

or encumbrance of any such land.

4.02.087 Waiver of Sovereign Immunity of the Tribal Commission

Sovereign immunity of the Tribal Commission may be waived only by express resolutions of both

the Tribal Commission and the Tribal Council after consultation with the Tribes attorneys. All

S.T.C. 4.02 GAMTh~G CODE -15
waiters of sovereign immunity must be preserved by resolution of the Tribal Commission and the

Tribal Council of continuing force and effect. Waivers of sovereign immunity are disfavored and

shall be granted only when necessary to secure a substantial advantage or benefit to the Tribal

Conimission. Waivers of sovereign immunity shall not be general but shall be specific and limited

as to duration, grantee, transaction, property, or funds, if any, of the Tribal Commission subject

thereto, court having jurisdiction pursuant thereto, and law applicable thereto. Neither the power to

sue and be sued provided in S.T.C. 4.02.096(v) nor any express waiver of sovereign immunity by

resolution of the Tribal Commission shall be deemed a consent to the levy of any judgment, lien, or

attachment upon property of the Tribal Commission other than property specifically pledged or

assigned, or a consent to suit in respect of any land within the exterior boundaries of the Reservation

or a consent to the alienation, attachment, or encumbrance of any such land.

4.02.088 Credit of the Tribe or Tribal Commission

Nothing in this Code nor any activity of the Tribal Commission shall implicate or any way involve

the credit of the Tribe or the Tribal Commission.

4.02.089 Assets of the Tribal Commission

The Tribal Commission shall have only those assets specifically assigned to it by the Council or

acquired in its name by the Tribe or by the Tribal Commission on its own behalf. No activity of the

Tribal Commission nor any indebtedness incurred by it shall implicate or in any way involve or affect

any assets of tribal members or the Tribe not assigned in writing to the Tribal Commission.

4.02.090 Membership

(a) Number of Commissioners

The Tribal Commission shall be comprised of seven Tribal Gaming Commissioners

consisting of the seven elected members of the Tnlal Council or their designees appointed

by the Tribal Council.

(b) Qualification of Commissioners

Each Commissioner must be a member of the Tribe.

(c) Background Check

Prior to the ~me that any Tribal Commission member takes office on the Tribal Commission,

the Tribe shall perform or arrange to have performed a comprehensive background check on

each prospective member. No person shall serve as a Commissioner if:

(1) His prior activities, criminal record, if any, or reputation, habits or associations:

(A) Pose a threat to the public interest; or

(B) Threaten the effective regulation and control of gaming; or

(C) Enhance the dangers ofunsuitable, unfair, or illegal practices, methods,

or activities in the conduct of gaming; or

S.T.C. 4.02 GAMING CODE - 16
I

(2) He has been convicted of or entered a plea ofno/c contendere to a felony orany

gaming offense in any jurisdiction or to a misdemeanor involving dishonesty or

moral turpitude; or

(3) He or any member of his immediate family has a financial interest in any

gaming activity or facility; or

(4) A member of his immediate family is employed as an employee in any tribal

gaming activity.

(d) Date of Appointment

Each member of the Tribal Commission shall take office no later than one week after a new

Tribal Council is sworn in following a tribal election.

The Councils appointment of any Tribal Commission member who is not a member of the

Tribal Coüæ6il shall be by resolution.

4.02.091 Term of Office

Each Commissioner shall serve a term to coincide with the term of Tribal Council members. No

member shall serve more than five terms. No person shall remain on the Tribal Commission after

leaving or being removed from the Council.

4.02.Q92 Meetings

(a) Regular Meetings

The Tribal Commission shall hold at least one regular monthly meeting which shall take

place on the first Monday of each month, or as otherwise determined by the Tribal

Commission.

(b) Special Meetings

Special meetings may be called at the request of the Tribal Council, the Chairman of the

Tribal Commission or 4 or more members of the Tribal Commission.

(c) Compensation of Commissioners

An honorarium may be paid for attendance at each meeting.

(d) Quorum

A quorum for all meetings shall consist of three members and the Chairman or Acting

Chairman.

(e) Voting

All queslions arising in connection with the action ofthe Tribal Commission shall be decided

by majority vote. The Chairman of the Tribal Commission shall only be entitled to vote to

break a tie.

S.T.C. 4.02 GAMING CODE -17
I

4.02.093 Organization

The Tribal Commission shall develop its own operating procedures and shall elect from within itself

a Chairman to direct meetings, a reporter to be responsible for keeping Tribal Commission minutes

arid transmitting to the Tribal Council a copy of those minutes, handling correspondence and

reporting Tribal Commission decisions, and such other officers as the Tribal Council deems

advisable.

4.02.094 Removal of Members or Vacancies

(a) Removal

A Commissioner may be removed by the Council for serious inefficiency, neglect of duty,

malfeasance, misfeasance, nonfeasance, misconduct in office, or for any conduct which

threatens the honesty or integrity of the Tribal Commission or otherwise violates the letter

or intent of this Code. Except as provide&below, no Commissioner may be removed

without notice and an opportunity for a hearing before the Council, and then only after the

Commissioner has been given written notice of the specific charges at least ten days prior

to such hearing. At any such hearing, the Commissioner shall have the opportunity to be

heard in person or by counsel and to present witnesses on his behalf. If the Council

determines that immediate removal of a Commissioner is necessary to protect the interests

of the Tribe, the Council may immediately remove the Commissioner temporarily, and the

question of permanent removal shall be determined thereafter pursuant to Tribal Commission

hearing procedures. A written record of all removal proceedings together with the charges

and findings thereon shall be kept by the Tribal Secretary. The decision of the Council upon

the removal of a Commissioner shall be final.

(b) Vacancies

If any Commissioner shall die, resign, be removed, or for any reason be unable to serve as

a Commissioner, the Council shall declare his position vacant and shall appoint another

person to fill the position. The terms of oflice of each person appointed to replace an initial

Commissioner shall be for the balance of any unexpired term for such position, provided,

however, that any prospective appointee must meet the qualifications established by this

Code. However, at the discretion of the Skokomish Tribal Council, such person need not

be a member of the Tribal Council.

4.02.095 Conflict of Interest

-

No person shall be appointed or continue serving as a Commissioner if he has any personal, business,

or legal relationship that creates a conflict of interest with his duties and responsibilities as a

Commissioner.

4.02.096 Powers of the Tribal Commission

In furtherance, but not in limitation, of the Tribal Commissions purposes and responsibilities, and

subject to any restrictions contained in this Code or other applicable law, the Tribal Commission shall

have and is authorized to exercise by majority vote the following powers in addition to all powers

already conferred by this Code:

S.T.C. 4.02 GAMING CODE -18
I

(a) To oversee the day-to-day operation of and to supervise, inspect and regulate all gaming

activities within the jurisdiction of the Tribe.

(b) To promote the full and proper enforcement of this Code and other applicable law

regarding gaming activities within the jurisdiction of the Tribe.

(c) To enact and enforce such rules and regulations regarding its activities and governing

its internal affairs as the Tribal Commission may deem necessaiy and proper to effectuate

the powers granted by this Code and the powers granted and duties imposed by applicable

law.

(d) To publish and distribute copies of this Code and Tribal Commission rules and any

Council, Tribal Commission, or Tribal Court decisions regarding gaming matters.

(e) To prepare and submit for Council approval proposals, including budget and monetary

proposals, which could enable the Tribe to better carry forth the policies and intent of this

Code. -

(f) To work with the staff of any tribal department, program, project, or operation and to

cooperate with the Tribal Council or any Council Committee in regard to gaming issues.

(g) To make or cause to be made by its agents or employees, an examination or investigation

of the place of business, equipment, facilities, tangible perso~ial property, and the books,

records, papers, vouchers, accounts, documents, and financial statements of any game or

gaming activity operating, or suspected of operating, within the jurisdiction of the Tribe. In

undertaking such examination or investigation, the Tribal Commission may request the

assistance of tribal gaming staff, federal and local law enforcement officials, legal counsel,

and other third parties.

(h) To maintain and keep current a record of new developments in the area of Indian

gaming.

(i) To request the assistance of the Tribal Court or Tribal Appellate Court in conducting

gaming hearings, defining terms used in this Code or other tribal laws, or in any other matter

in which the Tribal Commission deems such assistance to be necessary or proper.

(j) To consider any gaming matter brought before it by any person, ärganization or business,

and all matters referred to it by the Tribal Council.

(k) To obtain and publish a summary of federal revenue laws relating to gaming and to

insure compliance with the same.

(1) To arrange for training of Tribal Commission members, tribal employees and others in

areas relating to the regulation or operation of gaming.

(m) Upon prior explicit written approval of the Council, to employ such advisors as it may

deem necessary. Advisors may include, but shall not be limited to, law enforcement

specialists and gaming professionals, the Tribes general or special counsel, and the Tribes

accountants.

S.T.C. 4.02 GAMING CODE -19
(n) To make recommendations to the Council on the hiring of all supervisory gaming

employees.

(o) To promulgate rules and regulations to implement and further the provisions of this

Code.

(p) To approve or disapprove any application for a tribal gaming license.

(q) To consult with and make recommendations to the Tribal Council regarding changes in

tribal gaming laws and policies.

(r) To examine under oath, either orally or in writing, in hearings or otherwise, any person

or agent, officer or employee of any person, or any other witness, with respect to any matters

related to this Code, including enforcement of tribal gaming laws, regulations, and policies,

and to compel by subpoena the attendance of witnesses and the production of any books,

records, and papers with respect thereto.

(s) When necessary or appropriate, to request the assistance and utilize the services of the

courts, law enforcement and government officials and agencies, and private parties in

exercising its powers and carrying out its responsibilities.

(t) To delegate to an individual member or members of the Tribal Commission, or, with the

approval of the Tribal Council, to Tribal Commission staff, such of its functions as may be

necessary to administer this Code efficiently; provided that the Tribal Commission may not

re-delegate its power to exercise any substantial governmental function of the Tribe or its

power to promulgate rules and regulations; and provided further that the Tribal Commission

may not delegate to anyone the power to permanently revoke a tribal gaming license.

(u) To permanently close, after notice and hearing, any game or games which are operating

in violation of tribal law.

(v) To sue or be sued in courts of competent jurisdiction within the United States, subject

to the provisions of this Code and other tribal laws relating to sovereign immunity; provided

that no suit shall be brought by the Tribal Commission without the prior explicit written

approval of the Tribal Council.

(w) To use the seal of the Tribe with the approval of the Tribal Council.

(x) To purchase, lease, take by gift, devise or bequest, or otherwise acquire, own, hold,

improve, and use property and assets of every description, real and personal, tangible or

intangible, including money, securities, or any interests therein, rights and services of any

kind and description or any interest therein; provided that the Tribal Commission shall have

authority to purchase any interest in real property, whether located on or off the Reservation,

only with the express, prior written consent of the Tribal Council as to each such action, and

that title to such real property and property which is to become a fixture or permanent

improvement or part of the real property shall be taken in the name of the Tribe or in the

name of the United States in trust for the Tribe, and title to all trust and restricted real

property shall remain in trust or restricted status.

(y) To sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of

all or any part of its personal property and assets.

S.T.C. 4.02 GAMING CODE -20
I

(z) To deal in inventions, copyrights, and trademarks; to acquire by application, assignment,

purchase, exchange, lease, hire, or otherwise; and to hold, own, use, license, lease and sell,

either alone or in conjunction with others, the absolute or any partial or qualified interest in

and to inventions, improvements, letters patent and applications therefor, licenses, formulas,

privileges, processes, copyrights and applications therefor, trademarks and applications

therefor, and trade names, provided that title to all such interests shall be taken in the name

of the Tribe.

(aa) With the prior permission of the Tribal Council, to borrow money and to make, accept,

endorse, execute and issue bonds, debentures, promissory notes, guarantees, and other

obligations of the Tribal Commission for moneys borrowed, or in payment for property

acquired or for any of the purposes of the Tribal Commission and to secure payment of any

obligations by secured interest, mortgage, pledge, deed, indenture, agreement, or other

instrument of trust or by other lien upon, assignment of, or agreement in regard to all or any

part of the property, rights, or privileges of the Tribal Commission.

(bb) To arbitrate, compromise, negotiate, or settle any dispute to which it is a party relating

to the Tribal Commissions authorized activities.

(cc) To enter into, make, perform, and carry out any agreement, partnership, joint venture

contract, or other undertaking with any federal, state, or local governmental agency, tribe,

person, partnership, corporation, or other association or entity for any lawful purpose

pertaining to the business of the Tribal Commission or which is necessary or incidental to

the accomplishment of the purposes of the Tribal Commission.

(dd) To invest and reinvest its funds in such mortgages, bonds, notes, debentures, shares of

preferred and common stock, and any other securities of any kind whatsoever, and property,

real, personal or mixed, tangible or intangible, as the Tribal Commission shall deem

advisable and as may be permitted under applicable law, provided that the Tribal

Commission shall have authority to invest or reinvest in real property, whether located on

or off the Reservation, subject to the restrictions set forth in subsection (aa) above.

(ee) To exercise the tribal power to tax authorized by the Skokomish Tribal Constitution in

accordance with a Tribal Council resolution delegating such power to the Tribal Commission

and in accordance with this Code and other applicable law.

(if) To purchase insurance from any stock or mutual company for any property, or against

any risk or hazard.

(gg) To engage in any and all activities which directly or indirectly carry out the purposes

of the Tribe as set forth in this Code.

(hh) With prior approval of the TribalCouncil, to make application and accept grants and

other awards from private and governmental sources in carrying out or furthering the

purposes of the Tribal Commission or the Tribe.

(ii) To exercise all authority delegated to it or conferred upon it by law and to take all action

which shall be reasonably necessary and proper for carrying into execution the foregoing

powers and all of the powers vested in this Code as permitted by the purposes and powers

S.T.C. 4.02 GAMING CODE -21
herein stated and which are deemed to be in the best interests of the Tribe, exercising prudent

management and good business judgment, all in compliance with applicable law.

(jj) To establish and maintain such bank accounts as may be necessary or convenient.

(kk) To require by regulation the filing of any records, forms, and reports and all other

information desired by the Council for implementation of this Code relating to any gaming

activity or operation or any investigation as required by tribal law and the IGRA.

(II) To provide for an internal system of recordkeeping with adequate safeguards for

preserving confidentiality as deemed necessary by the Tribal Commission. All applications,

background investigations and Tribal Commission decisions shall be retained in Tribal

Commission files for a period of at least 10 years.

(mm) To adopt a schedule of fees to be charged for gaming licenses issued pursuant to this

Code.

(nn) To adopt a schedule of fees and charges for services rendered relating to transcripts and

the furnishing or certifying of copies of proceedings, files, and records.

(oo) To conduct background investigations of all persons who propose to participate in any

gaming activity or operation.

(pp) To compel obedience of its lawful orders by proceedings of mandamus or injunction

or other proper proceedings in the name of the Tribe in Tribal Court or in any other court

having jurisdiction of the parties and of the subject matter; provided that no suit shall be

brought by the Tribal Commission without the prior explicit written approval of the Tribal

Council after consultation with the Tribal attorneys.

(qq) To discipline any licensee or other person participating in any gaming activity by

ordering immediate compliance with this Code or Tribal Commission regulations and to

issue an order of temporary suspension of any license issued under this Code, whenever the

Tribal Commission is notified of a violation by any such person of this Code or any other

applicable law.

(rr) To issue an order of temporary closure of any gaming activity or operation in the event

the Tribal Commission determines that immediate closure is necessary to protect assets or

interests of the Tribe, pursuant to Tribal Commission regulations, or whenever the Tribal

Commissioft shall receive information from the National Indian Gaming Commission that

a primary management official or key employee of an licensee does not meet the standards

for being licensed under the IGRA.

(ss) To become self-regulating whenever the Tribe becomes eligible for a certificate of selfregulation under the IGRA. -

4.02.097 Annual Budget

The Tribal Commission shall prepare an annual operating budget for all Tribal Commission activities

and present it to the Council by August 15th of each year.

S.T.C~ 4.02 GAMING CODE -22
I

4.02.098 Tribal Commission Regulations

(a) Tribal Commission regulations necessary to carry out the orderly performance of its

duties and powers shall include, but shall not be limited to:

(1) Internal operational procedures of the Tribal Commission and its staff;

(2) Interpretation and application of this Code as may be necessary to carry out the

Tribal Commissions duties and exercise its powers;

(3) A regulatory system for all gaming activity, including accounting, contracting,

management, and supervision;

(4) The findings of any reports or other information required by or necessary to

implement this Code; and

(5) The conduct of inspections, investigations, hearings, enforcement actions, and

other powers of the Tribal Commission authorized by this Code.

(b) No regulation of the Tribal Commission shall be of any force or effect unless it is

adopted by the Tribal Commission by written resolution and subsequently approved by a

resolution of the Tribal Council and filed for record both in the office of the Tribal Secretary

and in the Office of the Clerk of the Tribal Court.

(c) The Tribal Court and any other court of competent jurisdiction shall take judicial notice

of all Tribal Commission regulations adopted pursuant to this Code.

4.02.099 Right of Entrance; Monthly Inspection

The Tribal Commission and duly authorized officers and employees of the Tribal Commission,

during regular business hours, may enter upon any premises of any gaming operator or gaming

facility for the purpose of making inspections and examining the accounts, books, papers, and

documents of any such gaming operator or gaming facility. Such gaming operator shall facilitate

such inspection or examinations by giving every reasonable aid to the Tribal Commission and to any

properly authorized officer or employee.

A Commissioner or a member of the Tribal Commissions staff shall visit each tribally owned or

Iribally operated gaming facility at least once every two weeks during normal business hours for the

purpose of monitorthg its operation. Such visits shall be unannounced.

4.02.100 InvestIgations

The Tribal Commission, upon complaint or upon its own initiative or whenever it may deem it

necessary in the performance of its duties or the exercise of i~ powers, may investigate and examine

the operation and premises of any person who is subject to the provisions of this Code. In conducting

such investigation, the Tribal Commission may proceed either with or without a hearing as it may

deem best, but it shall make no order without affording any affected party notice and an opportunity

for a hearing pursuant to Tribal Commission regulations.

4

S.T.C. 4.02 GAMING CODE -23
4.~2.101 Hearings; Examiner

Pursuant to regulations, the Tribal Commission may hold any hearing it deems to be reasonably

req,uired in administration of its powers and duties under this Code. Whenever it shall appear to the

satisfaction of the Tribal Commission that all of the interested parties involved in any proposed

hearing have agreed concerning the matter at hand, the Tribal Commission may issue its order

without a hearing.

The Tribal Commission may designate one of its members to act as examiner for the purpose of

holding any such hearing or the Tribal Commission may appoint another person to act as examiner

under Section 4.02.102 below. The Tribal Commission shall provide reasonable notice and the right

to present oral or written testimony to all people interested therein as determined by the Tribal

Commission.

4.02.102 Appointment of Examiner; Power of Examiner

The Tribal Commission may appoint any person qualified in the law or possessing knowledge or

expertise in the s~ibject matter of the hearing to act as examiner for the purpose of holding any

hearing which the Tribal Commission or any member thereof has power or authority to hold. Any

such appointment shall constitute a delegation to such examiner of all powers of a Commissioner

under this Code with respect to any such hearing.

4.02.103 Bank Account for Tribally Owned or Tribally Managed Gaming Facility

The Tribal Commission shall ensure that the Tribe opens a separate bank account for each tribally

owned or tribally managed gaming activity, and all money of such facility shall be deposited in that

account. The Tribal Commission shall determine who shall have check writing authority from such

account.

4.02.104 Quarterly Report of Gaming Manager Reports

The Tribal Commission shall file a quarterly report with the Council summarizing reports received

from each manager of any tribally owned or managed gaming activity and make such comments as

it deems necessaiy to keep the Council fully informed as to the status of its various gaming activities.

Gaming and Gaming Licenses

4.02.110 Ap~licabllity

This Code applies to all persons engaged in gaming within the jurisdiction of the Tribe. The Tribe

will perform background investigations and issue licenses to key employees and primary

management officials according to requirements at least as stringent as those in 25 CFR Parts 556

and 558. Any application for license pursuant to this Code and participation in any gaming activity

within the jurisdiction of the Tribe shall be deemed to be a consent to the jurisdiction ofthe Tribe and

the Tribal Court in all matters arising from the conduct of such gaming and all matters arising under

any of the provisions of this Code or other tribal laws.

S.T.C. 4.02 GAMING CODE -24
4.02.111 Gaming Prohibited

All gaming within the reservation is hereby prohibited unless in compliance with this code and other

applicable laws of the Skokomish Tribe. No person shall engage in gaming or any activity except

in compliance with this code.

4.02.112 License Required

No person shall operate Class II or Class III gaming within the jurisdiction of the Tribe unless such

gaming is licensed by the Tribe. A separate tribal gaming license shall be obtained for each game

authorized by Section 4.02.190.

4.02.1 13 Types of Licenses

The Tribe shall issue each of the following types of gaming licenses:

(a) Tribally Owned or Tribally Operated C1a6s 11

This license shall be required of all tribally owned or tribally operated gaming activity

operating one or more Class II games of chance.

(b) Tribally Owned or Tribally Operated Class III

This license shall be required for all tribally owned or operated gaming activity operating

any games of chance other than Class I or Class II gaming.

4.02.114 No License Requirement for Class I Gaming

A tribal license shall not be required for any Class I gaming activity or operation provided, however,

that each Class I gaming activity or operation must have written permission of the Tribal

Commission, and such permission must be on file with the Tribal Secretary before any such Class

I gaming is conducted.

4.02.115 Application Procedures

(a) Application for Gaming License

For any proposed Class II or Class ifi gaining activity, the Council shall file with the Tribal

Commissioft an application for a tribally owned or tribally operated Class H or Class HI

gaming license, whichever is appropriate, which shall contain the name of the proposed

enterprise, its location, and all other pertinent information required by this Code and Tribal

Commission regulations.

(b) Tribally Owned and Tribally OpŁated Class H

Before issuing a license to a tribally owned or operated Class H gaming activity the Tribal

Commission shall:

(I) Review the proposed gaining activity to ensure that all criteria required by this

Code shall be met.

S.T.C. 4.02 GAMING CODE- 25
(2) Perform the necessary background checks on management contractors, primary

management officials, and key employees required by this Code.

(3) Review and approve the accounting procedures to be used in such gaming

activity.

(4) Take any additional steps necessary to ensure the integrity of such gaming

activity.

( Tribally Owned and Tribally Operated Class Ill

Before issuing a license to a tribally owned or operated Class III gaming activity the Tribal

Commission shall:

(1) Review the proposed gaming activity to ensure that all criteria required by this

Code shall be met.

(2) Perform the necessary background checks on management contractors, primary

management officials, and key employees required by this Code.

(3) Review and approve the accounting procedures to be used in such gaming

activity.

(4) Take any additional steps necessary to ensure the integrity of such gaming

activity.

(5) Review all aspects of the proposed gaming operation to ensure that it will be in

compliance with the provisions of the applicable tribal-state gaming compact.

4.02.116 Criteria Which a Potential Gaming Operator Must Meet

The Tribal Commission shall issue the above license to any tribally owned or tribally operated Class

II or Class ifi proposed gaming activity only if all of the following criteria are met:

(a) The proposed gaming activity or facility is to be located on Indian lands as defined

under Section 4.02.031 of this Code and 25 U.S.C. § 2703(4), and shall be in compliance

with 25 U.S.C. § 2719.

(b) The proposed gaining activity is to be played as Class H gaming as defined by this Code

and the IGRA or as Class HI gaming authorized by a tribal-state gaming compact.

(c) The proposed gaming activity is authorized by a Tribal Council resolution.

(d) The Tribe will have the sole proprietary interest and the exclusive responsibility for the

conduct of the proposed gaming activity.

(e) The resolution authorizing the proposed gaming activity provides that

(1) The revenues of the proposed gaming activity shall be audited annually and

copies of those audits will be provided to the Tribal Commission and the National

Indian Gaming Commission.

S.T.C. 4.02 GAMING CODE -26
I

(2) The proposed gaming activity shall comply with all IRS reporting and filing

requirements.

(3) All of the net proceeds bf the proposed gaming activity shall be used for the

purposes stated in Section 4.02.181.

(4) All contracts for supplies, services, or concessions for an amount in excess of

$25,000 annually (except contracts for legal and consulting services) shall be subject

to an annual independent audit.

(5) The construction or maintenance of the gaming facility and the operation of the

proposed gaming activity shall be conducted in a manner which the Tribal

Commission fmds will adequately protect the environment and the public health arid

safety.

(6) The general manager, all primarymanagement officials, and all key employees

have passed the background investigations and obtained the tribal gaming employee

licenses required by this Code. Each application must state in writing that all future

management officials and key employees will be required to pass background

investigations and obtain tribal gaming employee licenses before they are hired.

(7) The Tribal Commission shall have the authority to regulate the proposed gaming

activity.

(8) The proposed gaming activity shall pay to the National Indian Gaming

Commission such fees as federal law may require to be paid.

(9) If the gaming activity is Class Ill gaming, such gaming activity meets all other

criteria established by the tribal-state gaming compact.

4.02.117 License Application Fees

No application fee shall be required for a tribally owned or tribally operated Class II or Class III

gaming activity.

4.02.118 License Tax

No annual license tax shall be required for a tribally owned or tribally operated Class II or Class III

gaming operation.

4.02.119 Form of Gaming License.

Every gaming license issued by the Tribal Commission shall include the name and address of the

authorized licensee and the signature of an authorized officer of the Tribal Commission.

4.02.120 Scope of Gaming License

A gaming license issued by the Tribal Commission shall be effective only for the gaining activity and

location specified in the application. Such license may be transferred only upon prior approval of

S.T.C. 4.02 GAMING CODE -27
the 4ribal Commission upon written request that details the proposed new gaming activity, its

location, and proposed gaming operator.

4.02q121 Terms of License

A tribally owned and tribally operated Class II and Class 111 gaming license shall be valid for a period

of one year from the date of issuance.

4.02.122 Posting of Licenses

Each gaming operator shall post its tribal gaming license in a conspicuous location at the gaming

operators gaming facility. If a gaming operator has more than one gaming facility, the gaming

operator must obtain and post a separate license for each gaming facility. A gaming operator licensed

to sell raffle tickets outside a gaming facility shall carry a copy of the gaming license under which

such person is employed.

4.02.123 ming License Renewals

Each tribal gaming license must be renewed annually. No renewal fee shall be required for a tribally

owned or tribally operated Class 11 or Class III license. In order to obtain a renewal of a license, the

gaming operator shall submit a written renewal application to the Tribal Commission on the form

provided by the Tribal Commission. No renewal application shall be approved until the annual report

required by Section 4.02.124 has been properly filed. All renewal applications submitted by a

tribally owned Class II or Class III gaming activity shall be approved within a reasonable time unless

the Commission determines, based on reasonable grounds, that the enterprise has been or will be

operated in violation of tribal, federal, or other applicable law or the terms of the tribal-state gaming

compact.

4.02.124 Annual Reports

Each gaming operator who possesses a Class II or Class III tribal gaming license must file an annual

report with the Tribal Commission and the Tribal Council between the 15th day and the last day of

the 12th month of the duration of each such license. The report shall be submitted to the Tribal

Commission on the annual report form provided by the Tribal Commission and shall include the

following information:

(a) The name, address, and telephone number of the gaming operator;

(b) The nathes, addresses, and titles of its current general manager and all submanagers;

(c) A description of each gaming activity that it is operated and the total gross proceeds of

each;

(d) A written copy of any changes the gaming operator proposes to initiate in its rules;

(e) A statement of the specific dates and times during which the gaming activity will be

operated during the next license period;

(f) The name and address of the person who will be the general manager and the names and

addresses of all persons who will be the primary management officials during the next

license period

S.T.C. 4.02 GAMING CODE -28
I

(g) A statement of any changes in the general manager or in the primary management

officials or key employees who will operate the gaming activity over the next license period;

(h) The names and addresses of any employees who the Tribal Commission may determine

to be key employees during review of the application;

(i) Written proof that the gaming operator has paid to the National Indian Gaming

Commission such fees as federal and tribal law may require it to pay, and will continue to

do so;

(j) A sworn statement that the gaming operator has complied with the Internal Revenue

Code and regulations, including written notice of customer winnings, and a statement that

the gaming operator shall continue to obey all tribal and federal laws and shall hold the

Tribal Commission and the Tribe harmless for failure to do so;

(k) The description of any location at which the gaming activity has been conducted and any

new location which is expected to be established during the next license period;

(1) The number of full-time equivalent persons, on an annualized basis, employed by the

operation during the past 12 months, together with a projection of the number of full-time

equivalent persons who are expected to be employed during the next license period;

(m) The total gross proceeds of the gaming operator attributable directly or indirectly to

tribally licensed gaming activity over the preceding 12 months;

(n) A sworn statement that the gaming operator will continue to comply with all tribal and

federal laws applicable to the gaming operators gaming operation;

(o) A sworn statement that the gaming operator and all of its key employees and

management contractors continue to consent to Tribal Court jurisdiction and service of

process in all matters arising from the conduct of tribally licensed gaming activity;

(p) The name, address, and signature of the agent who will accept service of process on

behalf of the gaming operator, who must reside on the Reservation; and

(o) If the gaming operator is a corporation, a copy of any amendment to its articles of

incorporation, properly certified by the incorporating government, unless a current copy has

already been filed with the Tribal Commission.

4.02.125 Procedure to Remedy Gaming License Violation

If the Tribal Commission finds that a tribally owned or operated gaming activity is being operated

in violation of this Code or otherwise presents a threat to the Tribe or to the public, the Tribal

Commission shall immediately take all necessary steps to bring such activity into compliance,

including, but not limited to, closing down such activity temporarily or permanently pursuant to

enforcement procedures and regulations duly promulgated by the Tribal Commission under this

Code. Nothing contained in this Section or in this Code shall be construed as limiting, restraining

or effecting a waiver of the Tribe or the Tribal Councils right and authority to take appropriate action

to remedy any gaming violation pursuant to tribal and federal law.

S.T.C. 4.02 GAMING CODE -29
I

Gaming Employee Licenses

4.02.130 Current and Valid Gaming Employee License Required

Every primaiy management official and every key employee of any Class 11 or Class III gaming

activity subject to this Code shall possess a current, valid gaming employee license.

4.02.131 Application for Gaming Employee License

(a) A person seeking a tribal gaming employee license must be at least 18 years of age. All

applicants shall submit an application to the Tribal Commission on such form and in such

manner as the Tribal Commission may require.

(b) Such application shall include the following information:

~(1) The applicants name, includin.g..all other names used, current home and work

addresses and telephone numbers, social security number, place of birth, date of

birth, citizenship, and drivers license number, as well as the address of his personal

residences over the past five years. If the applicant has resided at his current address

for less than two years, his previous address.

(2) The name, address, and telephone number of the gaming facility and of the

gaming operator for whom the applicant intends to work and the specific location

in which the applicant will be employed.

(3) The name and job description of the applicants position.

(4) The names and addresses of the applicants living parents, grandparents, spouse,

children, brothers, and sisters.

(5) A statement as to whether or not the applicant has ever been charged with a

crime, and if so, the charge, the name and address of the court involved, and the

applicants explanation of the outcome of the case, including the date of fmal

disposition.

(6) The names, current addresses, and telephone numbers-of three references who

are not related to the applicant and who were acquainted with the applicant when the

ap~icant was residing at each of the addresses listed in subsection (b)(1) of this

section.

(7) A list of the applicants previous jobs over the preceding five years, including

the name, address and telephone number of his employer, and the position held.

(8) The names and addresses and a brief description of all businesses in which the

applicant currently holds, or has within the last five years held, an ownership

interest.

(9) A description of any previous employment relationship with an Indian tribe,

including the employee position held, name of the tribe involved and the name and

address of a person who can attest to the accuracy of the information provided.

S.T.C. 4.02 GAMING CODE -30
I

(10) A description of any current or past non-employee business arrangement which

the applicant has had with an Indian tribe, including the name of the tribe involved

and the name and address of a person who can attest to the accuracy of the

information provided.

(11) A statement as to whether the applicant has had any past employment with, or

ownership interest in, any gaming business. If so, the applicant shall provide a

written statement describing his position, the dates during which that position was

held, a description of the applicants ownershipS interest or job responsibilities, the

name, address, and phone number of the business, and the name of a person who can

attest to the accuracy of the information provided.

(12) A list of all gaming-related licenses the individual has ever applied for,

whether or not those licenses were granted, and the name, address, and phone

number of the regulatory agency involved.

(13) A list of all professional or business licenses the applicant has applied for,

whether or not those licenses were granted, and the name, address, and phone

number of the regulatory agency involved.

(14) A statement of all languages written or spoken.

(15) A sworn statement that neither the applicant nor any member of his immediate

family has a past or current financial interest, other than a salary interest, in any

gaming-related enterprise anywhere. If the applicant has any relative who has such

a relationship, the~ applicant shall ftilly disclose that relatives name and the nature

of the relationship.

(16) Written permission giving the Tribal Commission or its designee the right to

investigate the applicants background, including his criminal record, civil and

criminal judgments, and credit history.

(17) A complete disclosure of any pending or anticipated civil or criminal action

against the applicant, including the name and address of the police department and

court involved. -

(18) A disclosure of any civil or criminal judgments rendeied against the applicant,

incfliding the case number, a description of the judgment, and the name and address

of the court involved.

(19) Any other information which might bring into question his fitness to serve as

a primary management offici~1 or key employee of a licensed gaming operation.

(c) Each application shall be accompanied by a sworn statement that if the license is issued,

the applicant will submit to the jurisdiction of the Tribe and the Tribal Court.

(d) Each application shall be accompanied by a photograph ofthe applicant taken within the

lastyear.

S.T.C. 4.02 GAMING CODE -31
(e) Each apphcation shall be accompanied by a sworn statement that the applicant will abide

by this Code and all other applicable laws.

(f) Each application shall be accompanied by a written statement that the applicant has read,

understands and approves of the following Privacy Act 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 ~.t ~q. The purpose of the requested information is to

determine the eligibility of individuals to be employed in gaming activities.

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 pursuant to a requirement by a tribe or the National Indian

Gaming Commission in connection ~vjth 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 tribes being unable

to hire you in a primary management official or key employee position.

(g) Each application for a gaming employee license shall be accompanied by a nonrefundable application fee. The amount of this fee shall be determined by the Skokomish

Tribal Gaming Commission to recover the costs of processing gaming license aplications.

(h) The disclosure of an applicants social security number (SSN) is voluntary. However,

failure to supply a SSN may result in errors in processing the application.

4.02.132 Review Procedure for Gaming Employee License Application

Before issuing a gaming employee license, the Tribal Commission shall:

(a) Perform or arrange to have performed the necessary background investigation of the

applicant required by this Code. Such investigation shall include contacting each reference

provided in the application and taking all appropriate steps to verify the accuracy of

information contained in the application, and arranging for a law enforcement agency to take

the applicants fingerprints and forward them directly to the National Indian Gaming

Commissioil to be forwarded to the Federal Bureau of Investigation, National Criminal

Information Center, for a criminal records search. There shall be a written report of the

findings and conclusions of the investigation. The Tribal Commission shall then review the

findings and conclusions and either grant or deny the license. The applicant shall be notified

in writing of the Commissions decision. lithe Tribal Commission votes to deny the license,

it shall include in such notice the specific reasons for its decision.

(b) Forward to the National Indian Gaming Commission a copy of the application, the

results of the background checks performed, and the Tribal Commissions findings and

decision.

(c) All applications, background checks, and Tribal Commission decisions shall be retained

in the Tribal Commission files for a period of at least 10 years.

S.T.C. 4.02 GAMING CODE- 32
I

4.02.133 Standards For Denial of A Key Employee or Primary Management Official

License

The Commission shall not license, hire, or employ as a key employee or primary management official

in connection with Class II or Class Ill gaming, any person who:

(a) Is under the age of 18; provided, however, that if liquor is sold on the premises that age

limitation is raised to 21.

(b) Has been convicted of or entered a plea of no contest to a gambling offense, fraud or

misrepresentation; or

(c) Has been convicted of or entered a plea of guilty or no contest to any offense in

subsection (b) of this section within the immediately preceding five years; this provision

shall not apply if that person has been pardoned by the Governor of the State where the

conviction occurred or, if a tribal member, has been determined by the Tribe to be a person

who is not likely again to engage in any offensive or criminal course of conduct and the

public good does not require that the applicant be denied a license as a key employee or

primary management official; or

(d) If the Tribal Gaming Commission determines, after notice and hearing, that the person

has participated in organized crime or unlawful gambling or is a person whose prior

activities, criminal record, reputation, habits, and/or associations pose a threat to the public

interest or to the effective regulation and control ofgaming, or create or enhance the dangers

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

or to the carrying on of the business and fmancial arrangements incidental to the conduct of

gaming.

(e) If the applicant is found to have supplied false or misleading information or has omitted

material information on his license application.

(f) Provided further that the Tribal Gaming Commission may , by regulations, add additional

limitations and conditions for denial of said license.

4.02.134 Scope of Gaming Employee License

A gaming employee license shall be effective only for the person to whom it is issued and only with

respect to the gaming facility specified in the application. Any such license may be transferred to

a new gaming facility only upon prior approval of the Tnbal Commission, upon written request of

the licensee identi1~ying the proposed new gaming facility, its location, and the proposed gaming

operator thereof.

4.02.135 LIcensing Period

An employee gaming license issued pursuant to this Code shall be effective for a period of one year

from the date of issuance and shall state on its face the date that the license became effective and the

daXe that it expires.

S.T.C. 4.02 GAMING CODE -33
4.0~.136 Renewals

A holder of an employee gaming license shall apply to the Tribal Commission for a renewal before

his original license has expired, updating all information contained in the original application.

4.02.137 Requirement to Produce License Upon Request

Any person receiving a employee gaming license must carry that license upon his person during all

working hours and must produce that license upon the request of any law enforcement official with

jurisdiction over the gaming activity or any agent of the Tribe, the Tribal Commission, or the

National Indian Gaming Commission.

4.02.138 Permanent License Revocation of Employee Gaming License

(a) Grounds for Permanent Revocation

The Tribal. Commission may permanently re.voke an employee gaming license, after notice

and an opportunity for a hearing, for any of the following reasons:

(1) The employee has withheld pertinent information on his application;

(2) The employee has made false statements on the application;

(3) The employee has participated in gaming activity which was not authorized by

any tribal gaming license;

(4) The employee has attempted to bribe a Tribal Council member, Tribal

Commissioner, or other person in an attempt to avoid or circumvent this Code or

any other applicable law;

(5) The employee has offered something of value or accepted a loan, financing, or

other thing of value from a Tribal Commission member a subordinate employee or

any person participating in any gaming activity;

(6) The employee has knowingly promoted, played, or participated in any gaming

activity operated in violation of this Code or any other applicable law;

(7) The employee has been knowingly involved in the falsification of books or

reci5rds which relate to a transaction connected with the operation of gaming

activity;

(8) The employee has violated any provision of this Code or the rules and

regulations of the Tribal Commission;

(9) The employee has been cànvicted of, or has entered a plea of nob contendere

to, any crime involving gaming~ fraud, theft~ embez7lement, or other activity which,

if perpetrated at his gaming operators place of employment, would injure or pose

a threat to the public interest, or the integrity of the gaming activity, or the effective

regulation of gaming or enhance the dangers ofuthir, unsuitable, or illegal gaming

practices;

S.T.C. 4.02 GAMING CODE -34
I

(10) The employee has been convicted of; or entered a plea of nob contendere to,

a crime involving the sale of illegal narcotics or controlled substances;

(11) The employee has failed to comply with any lawful order, inquiry or directive

of the Tribal Commission, the Tribal Council, or any administrative or judicial body

of competent jurisdiction, arising from any gaming activity whether or not subject

to this Code; or

(12) The employee is determined to have present or prior activities, including

criminal record, or reputation, habits or associations which 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.

(b) Procedure for Permanent Revocation

WhenevŁ(the Tribal Commission has rea~6hable cause to believe that an employee has

violated any of the conditions in S.T.C. 4.02.138, or has failed to comply with any condition

of his tribal gaming license, or has failed to obtain a license, the Tribal Commission or its

designee may either undertake an investigation, or serve upon such employee an order to

show cause why the employees license should not be revoked, or why the employee should

not be enjoined from conducting gaming activities within the jurisdiction of the Tribe. The

order shall state the grounds for which such revocation or injunction is sought and that the

employee shall have an opportunity to present testimony and to cross examine opposing

witnesses, and to present any other evidence as to why revocation or injunction should not

issued. The hearing shall be set for not less than ten days nor more than 14 days from the

date of notice. The hearing shall be governed in all respects in accordance with tribal law

and Tribal Commission regulations.

4.02.139 Temporary Suspension of Employee Gaming License

(a) Grounds for Temporary Suspension

The Tribal Commission may temporarily suspend an employee gaming license for not more

than thirty days for any of the following reasons:

(1) The employee has been charged with a violation ofan~ gaining law;

(2) The employees continued employment as a primary management official or key

employee of a game or gaming activity poses a threat to the general public;

(3) The employee has made a material false statement in his license application;

(4) The employee has participated in gaming activity unauthorized by his tribal

gaming license;

(5) The employee has refused to comply with any lawful order of the Tribal

Commission, the Tribal Council, the Tribal Court, or the National Indian Gaming

Commission arising from or relating to gaming.

(b) Immediate Temporary Suspension

S.T.C. 4.02 GAMING CODE -35
I

The Tribal Commission shall immediately temporarily suspend an employee gaming license

for not more than thirty days upon receipt of notification from the National Indian Gaming

Commission pursuant to 25 C.F.R. § 55&5 that reliable information exists that such gaming

employee is not eligible for employment. Upon receipt of such notification, the Commission

shall notify the gaming employee of the suspension and proposed revocation and the time

and place for hearing under subsection (c) of this section.

(c) Procedure for Temporary Suspension

Whenever the Tribal Commission has reasonable cause to believe that a person has violated

any of the conditions in subsection (a) of this section, or has failed to comply with any

condition of his employee gaming license or of this Code constituting a direct and immediate

threat to the peace, safety, morals, or health or welfare of the community, or whenever the

Tribal Commission receives the notification referred to in subsection (b) of this section, the

Tribal Commission or its designee shall issue a notice of temporary suspension of such

persons~employee gaming license, which shall be served upon the employee. The notice

shall state the grounds upon which such temporary suspension is ordered and that the

employee shall have an opportunity to present testimony and to cross-examine opposing

witnesses, and to present any other evidence as to why suspension should not be issued. The

employee shall immediately cease and desist operating in his management position or in his

capacity as a key employee upon receipt of the order, but such person may file a notice of

appeal with the Tribal Commission within five days of such receipt. Upon receipt of such

notice of appeal, the Tribal Commission shall hold a hearing on the order within fourteen

calendar days of its receipt of the appeal. At the hearing, the employee shall have the

opportunity to present testimony and cross-examine witnesses, and present any other

evidence as to why a temporary suspension order should not be issued. Such hearing shall

be governed in all respects by tribal law and Tribal Commission regulations.

4.02.140 Tribal Non-Gambling Related Offenses

(a) Notwithstanding anything herein to the contraly, in the absence of other violations, it

should not be automatic grounds for revocation, suspension or denial of a gaming license for

an Indian from a federally recognized Indian Tribe to have been charged and convicted of

the following non-gaming related offenses, the occasion of which occurred prior to Supreme

Court rulings on the subject:

(1) fishing or hunting offenses;

(2) ~cigarette, fireworks or alcohol sales offenses; or

(3) cases involving the exercise of trust or treaty rights

(b) In the absence of other violations, activities or factors which would warrant denial,

revocation or suspension, these Indian individuals shall not be barred from licensing solely

as a result of such activities.

S.T.C. 4.02 GAMING CODE -36
I

Provisions of General Applicability to All Gaming Operators

4.02.150 Provisions of General Applicability to All Gaming Operators e

(a) Each Class II or Class III gaming activity within the jurisdiction of the Tribe shall be

conducted only by a gaming operator who possesses a current and valid tribal gaming

license.

(b) Each tribal gaming license shall be applicable only to one gaming site and the gaming

operator named on such license.

(c) No tribal gaming license shall be sold, lent, assigned or otherwise transferred.

(d) Each management and key employee of a licensed gaming activity shall possess a

current and valid tribal gaming employee license.

(e) A tribal-gaming license shall be issued only to a person who qualifies therefor under this

Code, or to the Tribe or a tribal subdivision.

(f) Each gaming operator shall have a copy of this Code and regulations readily available

for inspection by any person at each authorized gaming facility or activity.

(g) Each gaming facility shall post, in a prominent place in each room where gaming is

conducted, a sign stating the following:

This facility is regulated by the National Indian Gaming Commission and

the Skokomish Indian Tribe of Washington.

(h) Each facility that houses one or more card games shall post, in a prominent place in each

card room, the rules of each card game played. These rules shall notify the public of the

following:

(1) The maximum rake-off percentage, time buy-in and other fees charged;

(2) The number of raises allowed;

(3) The monetary limit of each raise

(4) The amount of ante; and

(5) Other rules as may be necessaiy.

(1) No Class II! gaming equipment or supplies shall be operated, purchased, leased or

otherwise acquired by the Tribe unless that Class if! equipment or supplies meet the

technical equipment standards of either the State ofNevada or the State of New Jersey.

(j) All accounting records ofeach tribally licensed gaming f~dility shall be kept on a double

entxy system of accounting, maintaining detailed, supporting, subsidiary records. The

operator and the Tribe shall maintain the following records for not less than three (3) years:

(1) Revenues,, expenses, assets, liabilities and equity for each location at which

Class II and Class Ill gaming is conducted;

S.T.C. 4.02 GAMING CODE -37
(2) Daily cash transactions for each Class II and Class III game at each location at

which gaming is conducted, including but not limited to transactions relating to each

gaming table bank, game drop box, and gaming room bank;

(3) All markers, IOUs, returned checks, hold checks or other similar credit

instruments;

(4) Individual and statistical game records (except card games) to reflect statistical

drop and statistical win; for electronic, computer, or other technologically assisted

games, analytic reports which show the total amount of cash wagered and the total

amount of prizes won;

(5) Contracts, correspondence and other transaction documents relating to all

vendors and contractors;

(6) Records of all tribal gaming enforcement activities;

(7) All gaming related audits prepared by or on behalf of the Tribe or one of its

subdivisions; and

(8) Personnel information on all Class II and Class III gaming employees or agents

including rotation sheets, hours worked, employee profiles and background checks.

(k) No person under the age of 21 shall be employed as a key employee or primary

management official of any Class HI game, if the facility serves alcoholic beverages.

(1) No person under the age of 21 years shall be permitted to conduct, assist in, or play any

gaming activity conducted at any location having an alcoholic beverage license of any type

or class.

(m) Each gaming operator shall post in a conspicuous location near where each gaming

activity is being played or shall otherwise provide the public with an explanation of the rules

ofplay of eveiy game he operates.

(n) A gaming operator is prohibited from renting or lending gaming equipment to any

person without the prior written approval of the Tribal Commission.

(o) A gaming operator is prohibited from exchanging pull-tabs, punch-boards, sports pools,

and twenty-~ne boxes (shoes) without the approval of the Tribal Commission. All other

gaining equipment may be exchanged without prior approvaL Any request for approval shall

be made to the Tribal Commission at least 5 days prior to the exchange.

(p) Each gaming operator who anticipates the printing, manufacture, or construction of any

equipment for gaming activity shall first notil~y the Tribal Commission of his intention and

shall have the finished product approved by the Tribal Commission before it is placed in

service.

(q) Gaining chips and other tokens of value may be sold and redeemed only by the gaming

operator and only for full value.

S.T.C. 4.02 GAMING CODE -38
(r) Every licensed gaming operation shall maintain and keep for not less than 10 years

permanent books of accounts and records, including inventory records of gaming supplies,

sufficient to establish the gross and net income, deductions, expenses, receipts, and

disbursements of the enterprise.

(s) A gaming operator who conducts a gaming activity at a site in which the operator does

not have a legal ownership interest shall file with the Tribal Commission, prior to conducting

any gaming activity at such site, a written agreement, attested to by both the gaming operator

and the owner of such site, setting forth the terms under which the operator is permitted the

use of such site.

(1) Such agreement shall contain all of the following information:

(A) The name of the legal owner of the site. If the gaming operator is to

be a sub-lessee, then the name of the lessee must also be included.

(B) The name and gaming U~ense number of the gaming operator.

(C) The term of such use of the site.

(D) The monetary consideration to be paid for such use of the site, if any.

(E) A precise description of the location or premises.

(F) A prohibition of advertising of the gaming activity by the owner.

(G) The following provision:

The (grantor/lessor) hereby agrees that neither (he), (his)

spouse, nor any employee or agent of the (grantor/lessor)

shall participate in the selling, distributing, conducting,

assisting, or participating in gaming activity at the site

herein (granted/leased) without the prior written approval

of the Tribal Commission.

(2) Any rent or lease provision of such agreement shall include a fixed monthly

rental dollar amount, unless otherwise approved in \vriting by the Tribal

Commission.

(3) A graduated lease rate for use of the site is prohibited unless approved in writing

by the Tribal Commission.

(4) Other remuneration in liçu of money for use of the site is prohibited unless

approved in writing by the Tribal Commission.

(5) A percentage lease rate for use of the site is prohibited unless approved in

writing by the Tribal Commission.

(6) No game of chance shall be operated in conjunction with the conduct of the

grantors business operation unless approved in writing by the Tribal Commission.

S.T.C. 4.02 GAMING CODE -39
(7) Any renegotiated agreement shall be submitted to the Tribal Commission for

approval prior to its effective date.

(t) There shall be no sale of liquor at any gaming site without the prior approval of the

Tribal Council.

(u) Consideration for the chance to play in any gaming activity shall only be cash or, if

allowed by the gaming operator, personal check and shall be presented at the time the game

is played. No other form of consideration shall be allowed unless the Tribal Commission

gives prior written approval.

(v) Evidence of any win or loss incurred by a player must, upon request, be provided to such

player in such form as will be acceptable to the IRS.

All Class III gaming must comply with the applicable provisions of the Bank Secrecy Act,

P.L. 9 1-508, October 26, 1970, 31 U.S.C. §~ 5312-5314.

(w) Each gaming operator shall pay all fees and file all reports required by law within the

time prescribed.

(x) Each gaming operator shall respond immediately to and obey all inquiries, subpoenas,

or orders of the Tribal Commission, the Tribal Council, the Tribal Court, or the National

Indian Gaming Commission.

(y) Each gaming operator shall prominently display at each gaming site a current, valid

tribal gaming license.

(z) Each gaming operator shall at all times maintain an orderly, clean, and neat gaming

facility, inside and out.

(aa) Each gaming operator shall provide adequate security to protect the public before,

during, and after any gaming activity.

(bb) Each licensed gaming activity shall be subject to patrol by the tribal police force for the

purpose of enforcing tribal law, and each gaming operator shall cooperate at all times with

the tribal police force.

(cc) Each gaining operator shall make its premises and books and records available for

inspection during normal businesi hours by the Tribal Commission and members of the

Tribal Council or their designee.

(dd) No gaming shall be conducted on tribal election days, or on any day on which any

tribal referendum is held, or on special days of observance designated by the Tribal Council

or by the Tribal Commission.

(ee) No gaming operator may discriminate on the basis of sex, race, color, or creed in the

conduct of any licensed gaming activity.

(if) Each gaming operator shall keep accurate books and records of all moneys received and

paid out and provide the Tribal Commission or its designee with copies of or access to the

same upon request.

S.T.C. 4.02 GAMING CODE -40
I

(gg) All net revenues of any gaming activity shall be used only in a manner prescribed by

this Code.

(hh) Evety gaming operator shall comply with all applicable tribal and federal revenue

reporting laws.

(ii) Each gaming operator shall immediately suspend any employee who is charged with a

crime of theft, embezzlement, fraud or other gaming crime, or any offense related to the sale,

possession, manufacture, or transport of illegal drugs. The gaming operator shall also

immediately notify the Tribal Commission in writing of the name of the person and the

pending charge and advise the Tribal Commission of the outcome of the case. If the

employee is convicted or pleads nob contendere to the charge, the employees employment

shall be terminated.

-

Enforcement

4.02.160 Jurisdiction

Except as provided in this Code or in any tribal-state gaming compact under the IGRA, the Tribal

Law Enforcement and the Tribal Court shall have jurisdiction over all violations of this Code.

4.02.161 Prohibited Acts

In addition to other civil and criminal offenses provided for in this Code or under other applicable

law, the following acts are prohibited and subject any violator to the civil or criminal penalties

specified herein:

(a) Knowingly making a false statement in an application for employment with any gaming

operator or with the Tribal Commission.

(b) Knowingly making a false statement in connection with any contract to participate in

any gaming activity.

(c) Attempting to bribe any person participating in any gaming activity.

(d) Offering or accepting a loan, financing, or other thing of value between a Tribal

Commissioi~ member or employee and any person participating in any gaming activity.

(e) Failing to keep sufficient books and records to substantiate receipts, disbursements, and

expenses incurred or paid from any gaming activity authorized pursuant to this Code.

(f) Falsi1~ing any books or records which relate to any transaction connected with any

gaming activity pursuant to this Code.

(g) Conducting or participating in any gaming activity which in any manner results in

cheating or misrepresentation or which allows any other disreputable tactics that detract from

the fair nature and equal chance ofparticipation between gaming players, or which otherwise

creates an advantage over and above the chance of such gaming activity and which affects

its outcome.

S.T.C. 4.02 GAMING CODE -41
I

(h) To conduct a gaming activity with or to allow participation in a gaming activity by an

intoxicated or disorderly player.

(i) To allow or participate in the sale of liquor at gaming sites when such sale is prohibited

by tribal law.

(j) To accept consideration other than money, personal checks, or other approved

consideration for the chance to play or participate in any gaming activity.

(k) To solicit, directly or indirectly, or to use inside information on the nature or status of

any gaming activity for the benefit of any person.

(1) To tamper with a gaming device or conspire to tamper or manipulate the outcome or the

payoff of a gaming device, or otherwise interfere with the proper functioning of the machine.

(m) To alter or counterfeit a gaming license~

(n) To aid, abet, or conspire with another person knowingly or knowingly to cause any

person to violate any provision of this Code or any rules and regulations adopted hereunder.

(o) To operate, use, or make available to the public any illegal gaming device, apparatus,

material, or equipment.

(p) To sell or hold out for sale or transport into or out of the jurisdiction of the Tribe any

illegal gaming device, apparatus, material, or equipment.

(qJ To assist or allow a person who is under age to participate in any gaming activity.

(r) To possess any illegal narcotics or controlled substances on any licensed gaming site.

(s) To steal or attempt to steal funds or other items of value from any gaming facility or

from the Tribal Commission.

(t) To employ any person at a licensed gaming facility whom the gaming operator knows

has been convicted of a gaming crime or a crime of fraud.

(u) To conspire with or induce any person to violate any of the provisions of this Code or

any tribal ot federal law.

(v) For a operator or any of his employees or agents to engage in any act, practice, or course

of operation which could result in a fraud or deceit upon any person.

(w) To use bogus or counterfeit chips or charitable gaming tickets, or to substitute or use

any game, cards, charitable gaming tickets, or gaming equipment that have been marked or

tampered with.

(x) To employ or have on the Reservation any device to facilitate cheating in any game of

chance.

S.T.C. 4.02 GAMING CODE -42
I

(y) To knowingly use any fraudulent scheme or technique, or to solicit, provide, or receive

inside information about any gaming activity with the intent of benefiting any person.

(z) To take, solicit, or encourage any action which undermines the integrity of any game of

chance.

(aa) For a gaming operator to knowingly employ any person who has been convicted of or

entered a plea of nob contendere to a crime of theft, embezzlement, fraud, or other gaming

crime.

4.02.162 Criminal Violation

Any Indian who violates or fails to comply with any provision of this Code, or who fails to comply

with any order or decision of the Tribal Commission, shall be guilty of a crime and shall be required

to pay a maximum fine of $5,000 or 1 year imprisonment, or both. Each day during which such

violation or failure to comply continues shall constitute a separate violation of this Code.

4.02.163 Civil Violation

Any person who violates or fails to comply with any provision of this Code, or who fails or neglects

to comply with any order of the Tribal Commission, shall be liable for a civil fine not to exceed

$5,000 for each violation thereof. Each day during which such violation or failure to comply

continues shall constitute a separate violation of this Code. The amount of any such civil fine may

be recovered in a civil action in the Tribal Court.

4.02.164 Cumulative Fines

All civil fines accruing under this Code shall be cumulative, and a suit for the recovery of one fine

shall not bar or affect the recovery of any other fme, judgment, penalty, forfeiture, or damages, nor

bar the power of the Tribal Court to punish for contempt, nor bar any criminal prosecution.

4.02.165 Purpose of Civil Penalties

The civil fmes imposed under this Code are intended to be remedial and not punitive, and are

designed to compensate the Tribe for the damage done to the peace, security, economy, and general

welfare of the Tribe and the Reservation, and to compensate the Tribe for costs incurred by the Tribe

in enforcing this Code. The civil fmes under this Code are also intended to coerce persons into

complying with this Code and Tribal Commission regulations and not to punish such persons for

violation of such la*s and. regulations.

4.02.166 Civil Action for Penalties

In enforcing the civil infraction provisionsof this Code, the Tribal Commission shall proceed, in the

name of the Tribe, by civil complaint pursuant to the provisions of this Code. The Tribal

Commission in such action shall have the burden of showing, by the preponderance of the evidence,

that such person violated the applicable provision of this Code.

4.08.167 Seizure and Forfeiture of Property

All property utilized in violation of this Code shall be subject to seizure and forfeiture by order of

the Tribal Court pursuant to S.T.C. 3.01.065.

S.T.C. 4.02 GAMING CODE -43
I

4.08.168 Reporting of Offenders.

Upon final order of the Tribal Court in any action for criminal or civil violation under this Section,

the Clerk of the Tribal Court shall notify the Tribal Commission in writing of the final court

disposition.

Operation of Tribally Owned or Tribally Operated Games

4.02.180 Management by a General Manager

(a) The Tribal Council may appoint one person to serve as General Manager of each tribally

owned or tribally operated gaming facility. Each General Manager shall undergo a

background check by the Tribal Commission and shall obtain an employee gaming license

before commencing work. The Tribal Commission shall be the direct supervisor of the

General Manager. However, the Tribal Council shall retain the authority to suspend or

dismiss theGeneral Manager as it deems ne~ssary.

(b) The General Manager shall be responsible for managing and overseeing the day-to-day

operations of the gaming operation. The General Manager shall have such authority as the

Tribal Commission may delegate.

(c) The General Manager shall provide a written monthly report to the Tribal Commission

which details the number of patrons served, the amount of income generated, the numbers

of employees working at the facility, a detailed description of any patron complaints and

other problems experienced at the facility, and a written statement of any changes in key

employees or primaiy management officials and all bills which are 30 days or more past due.

(d) The General Manager shall propose and the Tribal Commission shall approve a patrons

complaint process. Each tribally owned and tribally operated gaming facility shall post at

least one sign in each gaming room informing patrons that they may file complaints directly

with the Tribal Commission, and advising them of the Tribal Commissions address and

phone number.

(e) The General Manager shall be personally responsible for seeing that all gaming activities

are managed in accordance with tribal and federal law and that all gaming activities comply

with all IRS reporting requirements.

4.02.181 Use of Net Revenues of Tribally Owned or Tribally Operated Gaming Activities

(a) All net revenues of a tribally, owned or tribally operated gaming activity shall be held in

the name of the Tribe. Such net revenues may only be expended by the Tribal Council by

resolution and only for the following purposes:

(I) To fund tribal government operations or programs.

(2) To provide for the general welfare of the Tribe and its members.

(3) To promote tribal economic development.

S.T.C. 4.02 GAMING CODE -44
(4) To donate to charitable organizations.

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

4.02.182 MaIntenance of Records

The Tribal Gaming Commission shall insure that all accounting records of each tribally licensed

gaming facility is kept on a double entry system of accounting, maintaining detailed, supporting,

subsidiary records. The Tribal Gaming Commission shall also insure that both the operator and the

Tribal Gaming Commission maintain the following records for not less than three (3) years:

(a) Revenues, expenses, assets, liabilities and equity for each location at which

Class II and Class III gaming is conducted;

(b) Daily cash transactions for each Class II and Class III game at each location at

which gaming is conducted, including but not limited to transactions relating to each

gaming table bank, game drop box, and gaming room bank;

(c) All markers, IOUs, returned checks, hold checks or other similar credit

instruments;

(d) Individual and statistical game records (except card games) to reflect statistical

drop and statistical win; for electronic, computer, or other technologically assisted

games, analytic reports which show the total amount of cash wagered and the total

amount of prizes won;

(e) Contracts, correspondence and other transaction documents relating to all

vendors and contractors;

(f) Records of all tribal gaming enforcement activities;

(g) All gaming related audits prepared by or on behalf of the Tribe or one of its

subdivisions.

(h) Personnel information on all Class II and Class Ill gaming employees or agents

including rotation sheets, hours worked, employee profiles and background checks.

4.02.183 Audit Requirements e

(a) The Tribal Commission and the General Manager of each tribally owned or tribally

operated gaming activity shall obtain an annual independent audit of such gaming activity.

A copy of such audit shall be provided to the Tribal Commission, the Tribal Council, and

the National Indian Gaming Commission.

(b) Each contract for supplies, services (other than legal and accounting services) or

concessions for a contract amount in excess of $25,000 annually shall be subject to an

independent audit A copy of such audit will be provided to the Tribal Commission, the

Tribal Council, and the National Indian Gaming Commission.

S.T.C. 4.02 GAMING CODE -45
4.~.184 Management Contracts

(a) National Indian Gaming Commission Approval

Each management contract shall fully comply with and is subject to the prior approval of the

National Indian Gaming Commission.

(b) Tribal Council Approval

Before submission to the National Indian Gaming Commission, each management contract

shall be approved by the Council with the advice and comment of the Tribal Commission.

Before giving final consideration to any proposed management contract, the Council shall

direct the Tribal Commission to conduct a complete background investigation of persons and

entities with a financial interest in, or having management responsibility for, the

management contract, including requiring the submission of all information required under

25 C.F.R. § 537.1, as amended, incorporated herein by this reference.

~(1) Background information on th~iroposed management contractor including: its

name, its address, the names and addresses of each person or entity having a direct

financial interest or management responsibility for the proposed management

contractor and, in the case of a corporation, the names and addresses of each

member of its board of directors and all stockholders who hold directly or indirectly

10 percent or more of its issued or outstanding stock.

(2) A description of any previous experience that each person listed in subsection

(b)(l) of this section has had with other gaming contracts with Indian tribes or with

any gaming activity or operation wherever located, including the name and address

of any tribal government or licensing agency with which such person has had a

contract, license, or other agreement or permit relating to gaming.

(3) A complete financial statement of each person listed in subsection (b)(1) of this

section.

(4) The Tribal Commission shall contact each of the tribal governments and

licensing agencies listed in compliance with subsection (b)(2) of this section to

determine the performance history of the proposed management contractor.

(5) The Tribal Commission shall arrange to have each proposed management

contractor investigated to learn of his personal attributes and to determine whether

he has a prior criminal record or any pending criminal charges.

(6) The Tribal Commission shall obtain an independent verification of the

completed financial statements of the proposed management contractor.

(7) The Tribal Commission shall undertake any additional steps it can to determine

the character and reputation of the proposed management contractor and each person

listed in compliance with subsection (b)(2) of this section.

(8) If the Tribal Council, after reviewing the above described information, still

desires to enter into a management contract with the proposed management

S.T.C. 4.02 GAMING CODE -46
I

contractor, such management contract shall be made in writing and submitted to the

Tribes attorneys for review.

(c) Any management contract approved by the Council must include at a minimum, with

respect to the gaming activity to which the contract is applicable, all of the required

provisions contained in 25 C.F.R. §53.1, as amended, incorporated herein by this reference.

(d) All persons who possess an ownership interest or management position in the proposed

management contract shall apply for a gaming employee license under this Code. No

management contract shall be approved by the Council until all gaming employee license

applications have been reviewed and the Tribal Commission has submitted written findings.

on such applications to the Council.

(e) If the Council is satisfied with the information it receives it shall submit the proposed

contract along with all of the above described information to the Chairman of the National

Indian Gaming Commission for approval.

4.02.186 Financier Contracts

(a) Each financing agreement shall fully comply with and is subject to the prior approval

of the Tribal Commission and ratification by the Council.

(b) Before submission to the Council for final ratification, each financing contract shall be

approved by the Tribal Commission. Before giving final consideration to any proposed

financing agreement the Tribal Council shall direct the Tribal Commission to conduct a

complete background investigation of persons and entities with the financial interest in, or

having financing responsibility for, the financing contract, including requiring the

submission of all information required under 25 C.F.R. § 537.1, as amended, incorporated

herein by this reference.

(1) Background information on the proposed financier including: its name, its

address, the names and addresses of each person or entity having a direct financial

interest and, in the case of a corporation, the names arid addresses of each member

of its board of directors and all stockholders who hold directly or indirectly 10

percent or more of its issued or outstanding stock.

(2) A description of any previous experience that each pei:son listed in subsection

(b)(1) of this section has had with other gaming contracts with Indian tribes or with

any gaming activity or operation wherever located, including the name and address

of any tribal government or licensing agency with which such person has had a

contract, license, or other agreement or permit relating to gaming.

(3) A complete fmancial statement of each person listed in compliance with

subsection (b)( 1) of this section.

(4) The Tribal Commission shall contact each of the tribal governments and

licensing agencies listed in compliance with subsection (b)(2) of this section to

determine the performance history of the proposed financier.

S.T.C. 4.02 GAMING CODE -47
(5) The Tribal Commission shall arrange to have each proposed financier

investigated to learn of his personal attributes and to determine whether he has a

prior criminal record or any pending criminal charges.

(6) The Tribal Commission shall obtain an independent verification of the

completed financial statements of the proposed financier.

(7) The Tribal Commission shall undertake any additional steps it can to determine

the character and reputation of the proposed financier and each person listed in

compliance with subsection (b)(2) of this section.

(8) If the Council, after reviewing the above described information, still desires to

enter into a financing agreement with the proposed financier, such agreement shall

be made in writing and submitted to the Tribes attorneys for review.

(c) Any financing agreement approved by the Tribal Council must include at a minimum,

with respect to the gaming activity to which the agreement is applicable, all of the required

provisiori~ ~ontained in 25 C.F.R. § 537.1, as~nended, incorporated herein by this reference.

(d) All persons who possess an ownership interest or management position in the proposed

financing contract shall apply for a gaming employee license under this Code. No financing

agreement shall be approved by the Tribal Council until all gaming employee license

applications have been reviewed and the Tribal Commission has submitted written findings

on such applications to the Tribal Council.

(e) If the Tribal Commission is satisfied with the information it receives it shall submit the

proposed agreement language to the Tribal Council for final approval.

4.02.186 Additional Requirements for Operation of Tribally Owned or Tribally

Operated Games

(a) Any cash winning of an amount under $500 shall be paid in cash or check and shall be

paid on the date it is won. Each patrons winnings of an amount over $500 shall be paid by

check and shall be paid within 72 hours after it is won.

(b) Each tribally owned or tribally operated gaming facility shall carry sufficient liability

insurance to protect the public in the event of an accident. The Tribal Commission shall

determine the amount of liability insurance required for each gaming facility.

(c) Each tribally owned or tribally operated gaming activity shall post the rules of play of

each game in a conspicuous place where gaming is conducted and shall make written copies

of such rules available to any member of the general public upon request.

S.T.C. 4.02 GAMING CODE -48
4.02.190 AuthorIzed Games

-

~

I

Consistent with applicable law, the Tribe authorizes the licensing of the following games of chanàe:

(a) Bingo.

(b) Twenty-one or Blackjack.

(c) Poker.

(d) All other games ofchance authorized under a tribal-state gaming compact with the State

of Washington pursuant to the IGRA.

4.02.200 Severability

In the event that any section or provision of this Code is held invalid, it is the intent of the Tribal

Council that the remaining sections or provisions of this Code shall continue in full force and effect.

S.T.C. 4.02 GAMING CODE -49

Authorized Games

SeverabUi~ty
N. 80 Tribal Center Road

- - -

I..

4. ~ .~. ..4

1.-$ .&-4. ~

Skokoniish Indian Tribe

Tribal center (206) 426-4232

Shelton, WA 98584

SKOKOMISH TRIBAL COUNCIL

RESOLUTION NO. 95-103

WHEREAS, the Skokomish Tribal Council is the governing body of the Skokomish Indian

Tribe pursuant to the Constitution and By-laws of the Skokomish Tribe, approved by

the Secretary -of the Interior, March 1 7, 1.980; and,

WHEREAS, the Skokomish Tribe recognizes the need to enhance and strengthen the

development of theIr human and natural resources, and encourages development of the

Reservation, supporting community values and goals for achieving complete selfdetermination as a Nation; and,

WHEREAS, the Skokomish Tribal Council recognizes the need to enact a gaming ordinance

to shield the community from organized crime~iTd to assure that gaming is conducted

fairly and honestly by both the operator and players in a safe environment.

NOW THEREFORE BE IT RESOLVED, that the Skokomish Tribal Council approves and

adopts Tide 1 4 -- Gaming Code of the Skokomish Indian Tribe as presented October

18, 1995.

BE IT FURTHER RESOLVED, that the Skokomish Tribal Council authorizes and directs the

Skokomish Gaming Commission to enforce this code and the Skokomish Tribal Court

to hear cases resulting from violations thereof. -

* * * CERTIFICATION * * *

I, Gordon James, Chairman of the Skokomish Tribal Council, hereby certify that the

foregoing Resolution No. 95-1 03,- was adopted at a regular meeting of the Skokomlsh

Triba~çouncil, held on October 1 8. 1995 at which a quorum was present by a vote

of ~ FOR, C AGAINST, ( ABSTAINING.

ATTEST:

Gordon James, Ch~irman

Skokomish Tribal Council

Secreta

Skokomish Tribal Council
Skokomish Indian Tribe

Tribal Center (360) 426-4232

N. 80 Tribal Center Road FAX: (360) 877-5943 Shelton, WA 98584

SKOKOMISH TRIBAL COUNCIL

RESOLUTION NO. 00-

A RESOLUTION AMENDING THE GAMING CODE OF THE SKOKOMISH INDIAN TRIBE OF

WASHINGTON STATE TO PERMIT GAMING ACTIVITIES AND FACILITIES ON INDIAN LANDS IN

CONFORMITY WITH THE PROVISIONS OF THE INDIAN GAMING REGULA TOR YA CT

WHEREAS, the Skokomish Tribal Council is the governing body of the Skokomish Indian Tribe pursuant

to the Constitution of the Skokomish Indian Tdbe approved by the Secretary of the Interior, March

17, 1980; and

WHEREAS, the Skokomish Indian Tribal Council recognizes the need to enhance and strengthen the

development of the Tribes human and natural resources, and encourages development of the

Reservation, supporting community values and goals for achieving complete self-determination as

a Nation; and

WHEREAS, on May 25, 1995, the Skokomish Indian Tribe and the State of Washington executed a Class

III Gaming Compact pursuant to the Indian Gaming Regulatory Act of 1988, Pub.L.l00-497,

codified at 25 U.S.C. Section 2701 etseq. And 18 U.S.C. Section 1166-1168; and

WhEREAS, pursuant to Resolution No. 95-73 dated July 31, 1995, the Skokomish Tribal Council approved

the Class III Gaming Compact, and such compact has been approved by the Secretary of the Interior

and is in full force and effect; and

WHEREAS, on February 28, 1996, the Skokomish Tribal Council enacted the Gaming Code of the

Skokomish Indian Tribe of Washington State, approved by the National Indian Gaming Commission

on April 30, 1996; and

WHEREAS, the Indian Gaming Regulatory Act (IGRA), Public Law 100-497,102 Stat. 2426, 25 U.S.C. §~

2701-2721 (19~8),as amended, governs the conduct of gaming on Indian lands; and

WHEREAS, 25 U.S.C. § 2710 authorizes Class II and Class III gaming activities on Indian lands and 25

U.S.C. § 2703(4) defines ~Indian land? as:

(A) all lands within the limits of any Indian reservation; and

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

any Indian tribe or individual or held by any Indian tribe or individual subject to restriction

by the United States against alienation and over which an Indian tribe exercises

governmental power; and

Skokoniish Tubal Council Resolution No. b~-c Page 1

ORIGINAL
-

%VHER1~LS, 25 U.S.C. § 2719, provides that gaming shall not be conducted on lands taken into trust after

October 17, 1988 unless (in pertinent part), the lands are located within or contiguous to the

boundaries of the reservation. . . on October 17, 1988; the lands are taken into trust as part of a

sçttlement of a land claim; or the Secretary of the Interior and the governor of the state, after

consultation with the tribe and state and local officials concur in a determination that a gaming

establishment on newly acquired lands would be in the best interest of the tribe and its members and

would not be detrimental to the surrounding community; and

WHEREAS, § 14.2.220 of the Gaming Code defines Indian lands to mean:

(1) land within the limits of an Indian Reservation; or

(2) land over which an Indian tribe exercise governmental power and that is either:

(a) held in trust by the United State for the benefit of any Indian tribe or individual; or

-

(b) held by an Indian tribe or individual subject to restriction by the United States

against alienation. -.

WHEREAS, § 14.5.070(1) of the Gaming Code unduly..restricts the location of Tribal gaming facilities

contrary to the provisions of IGRA to the following lands:

(1) The proposed gaming activity or facility is to be located on land which was held in trust for

the Tribe prior to October 17, 1988 or on trust lands which were located within or contiguous to the

boundaries of the Reservation on October 17, 1988 or on lands taken into trust after October 17, 1988

as settlement of a claim.

NOW THEREFORE BE IT RESOLVED, the Skokomish Tribal Council hereby strikes the former

provision and amends § 14.5.070(1) of the Gaming Code to read as follows:

(1) The proposed gaming activity or facility is to be located on Indian lands

as defined under § 14.2.220 of this Code and 25 U.S.C. § 2703(4), and

shall be in compliance with 25 U.S.C. § 2719.

BE IT FURTHER RESOLVED, that the Skokomish Tribal Council authorizes Debra Rosenbaurn,

Skokomish Tribal Manager, or her designee, and/or Richard Guest, Skokomish Tribal Attorney, or

his designee, to sign any and all letters, reports, amendments or other documents necessary to the

enactment and implementation of this amendment.

***CERTWICATION***

I, Denny Hurtado, Chairman of the Skokornish Tribal Council, do hereby certify that the foregoing Resolution

No. OO-~Lwas adopted at a regular meeting of the Skokomish Tribal Council held on iit~, ~ 2e~ p at which

a quorum was present by a vote of ___FOR _Q AGAINST ..j~. ABSTAINING.

Denny Hurtad,

Skokomish Tribal Council

Skokomish Tribal Council ResolutionNo. DO -Si

secretait

Skokomish Tribal Council

Page 2

#tr~I#~IIIAI
Skokomish Indian Tribe

Tribal Center (360) 426-4232

N. 80 Tribal Center Road FAX: (360) 877-5943 Shelton, WA 98584

SKOKOMISH TRIBAL COUNCIL

RESOLUTION NO. 96-12

WHEREAS, the Skokomish Tribal Council is the governing body of the Skokomish

Indian Tribe pursuant to the Constitution and By-laws of the Skokomish Tribe,

approved by the Secretary of the Interior, March 17, 1980; and,

WHEREAS, the Skokomish Tribe recognizes the need to enhance and strengthen the

development of their human and natural resources, and encourages

development of the Reservation, supporting community values and goals for

achieving complete self-determination as a Nation; and,

WHEREAS, the Skokomish Tribal Council recognizes the need to enact a gaming

ordinance to shield the community from organized crime and to assure that

gaming is conducted fairly and honestly by both the operator and players in a

safe environment.

NOW THEREFORE BE IT RESOLVED, that the Skokomish Tribal Council approved

and adopts Title 14Gaming Code of the Skokomish Indian Tribe as amended

February 28, 1996.

BE IT FURTHER RESOLVED, that the Skokomish Tribal Council authorizes and directs~

the Skokomish Gaming Commission to enforce this code and the Skokomish

Tribal Court to hear cases resulting from violations thereof.

***CERTJFICAflON***

I, Gordon James, Chairman of the Skokomish Tribal Council, hereby certify that the

foregoing Resolution No. 96-12, was adopted at a regular meeting of the Skokomish

Tribal Council, held on February 2&~ 1996 at which a quorum was present by a vote of

3 FOR, 0 AGAINST, 0 ABSTAINING.

AUEST:

~~

Gordon James, airman Gale Longshore, Sedretary

Skokomish Tribal Council Skokomish Tribal Council