Welcome to the National Tribal Justice Resource Center's Tribal Codes and Constitutions
Return to the Main Tribal Codes and Constitutions Page
[Includes amendments through 2001.]
SKOKOMISH INDIAN TRIBAL ENTERPRISES ORDINANCE AND CORPORATE CHARTER
Adopted by Resolution No. 00-80 (October 9, 2000)
4.01.001 Corporate Identity and Status.
(a) This ordinance shall be known as the Skokomish Indian Tribal Enterprises Ordinance and Corporate Charter. The name of the tribal corporation created hereunder is Skokomish Indian Tribal Enterprises, Inc. (SITE).
(b) SITE is hereby organized, incorporated and granted its corporate powers, privileges and immunities under the law of the Skokomish Indian Tribe as a incorporated and chartered by the Skokomish Tribal Council (the "Tribal Council") tribally chartered corporation for the purposes set forth in Section 4.01.005. The Skokomish Tribal Council grants this corporate charter to SITE pursuant to its inherent sovereign authority and based upon authority vested in it pursuant to Article V, Section 1 (d) of the Constitution of the Skokomish Indian Tribe and pursuant to its inherent rights of sovereignty.
(c) SITE is a distinct legal entity wholly owned by the Skokomish Indian Tribe, and its corporate activities, transactions, obligations, liabilities and property are not those of the Tribe. Nothing in this charter shall be deemed to have waived or to permit the corporation to waive the Tribe's sovereign immunity from suit.
4.01.002 Location and Place of Business
(a) The initial post office address of SITE's principal place of business is w19330 Highway 101 North, Shelton, WA 98584, within the boundaries of the Skokomish Indian Reservation.
(b) SITE may also have any other places of business that the SITE Board of Directors (the "Board") directs.
4.01.003 Corporate Seal
The corporate seal of SITE shall consist of a design designated by the Board of Directors and including the words "A Corporation of the Skokomish Indian Tribe".
4.01.004 Duration and Attributes
(a) SITE shall continue in perpetuity unless until it is dissolved pursuant to S.T.C. 4.01.014.
(b) SITE is a tribally chartered corporation separate and distinct from, but wholly owned by, the Skokomish Indian Tribe. Neither the Skokomish Indian Tribe nor any of its assets, nor the assets of any member of the Skokomish Tribe, including real property, whether held in fee or in trust, on or off the Skokomish Reservation, shall be subject to the payment of the debts or satisfaction of the obligations of SITE to any extent whatsoever.
(c) SITE is created under and is subject to the jurisdiction, laws, and ordinances of the Skokomish Indian Tribe. The Skokomish Tribal Council expressly reserves to the Skokomish Indian Tribe all of its inherent sovereign rights as an Indian Tribe with regard to Site's activities. Further, the Skokomish Tribal Council reserves the privileges and immunities of such sovereign rights to SITE as a tribally chartered corporation. Nothing in this Corporate Charter constitutes a waiver of sovereign immunity from suit, and nothing in this Corporate Charter constitutes consent by the Skokomish Tribe or SITE to the jurisdiction of any federal, tribal or state court, in relation to any cause of action, case, or controversy to which SITE is a party or that involves the business or affairs of SITE.
4.01.005 Corporate Purposes
(a) The general purposes of SITE are:
(1) To create and stimulate the employment of members of the Skokomish Tribe.
(2) To generate profits to promote the growth and continuity of SITE.
(3), To and to generate tax and other revenue for use by the tribal government in providing services to the Skokomish tribal reservation community.
(4) To increase the economic well-being of the members of the Skokomish Tribe in accordance with the economic development policies and plans of the Skokomish Tribe as adopted by the Tribal Council.
(5) To engage in any type of lawful business, enterprise or venture, other than gaming, banking or insurance.
(b) The specific purposes of SITE are:
(1) To be the umbrella corporation for all tribal businesses, EXCEPT gaming and gaming related enterprises.
(2) To operate and manage all existing or proposed tribal businesses , including, but not limited to, the Twin Totems Grocery and Deli and the Skokomish Farmarket.;
(3) To coordinate the goals, activities, policies, and procedures of all tribal businesses established under SITE pursuant to economic development, employment, and other policies of the Tribal Council.
(4) In conjunction with the Skokomish Department of Economic Development, to research and develop new tribal businesses and tribal business ventures.
4.01.006 Corporate Powers
(a) To purchase, receive, solicit, take by gift, devise, or bequest, or otherwise acquire, own, hold, improve, use, and otherwise deal in and with real or personal property of every description, or any interest therein, wherever situated.
(b) To sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of all or any part of its corporate property or assets. PROVIDED, SITE is not authorized to sell or otherwise dispose of all or substantially all of its corporate property or assets without reasonable notice to the tribal membership and prior approval to the Skokomish Tribal Council. PROVIDED FURTHER that no real property owned by SITE shall be sold, mortgaged, or leased for a period greater than 25 years without the prior approval of the Tribal Council. Notwithstanding any provision in this corporate charter, SITE shall have no authority to sell, mortgage, lease, encumber or dispose of any real property owned by the Skokomish Tribe, or any real property held in trust by the United States for the Tribe.
(c) To make contracts or agreements, incur liabilities and borrow money from any source, upon such terms and rates and interests as the Board of Directors may determine; to issue notes, bonds and other obligations and secure any of its obligations by specifically mortgaging, pledging or assigning its corporate property or income as collateral for its corporate debts or liabilities.
(d) To lend or invest money for its corporate purposes and to take and hold real and personal property as security for payment of funds so loaned or invested.
(e) To conduct its affairs, carry on its operations, and exercise the powers granted under this Corporate Charter in any state, territory, district, or possession of the United States or in any foreign country.
(f) To elect or appoint officers and agents of the corporation and define their duties and fix their compensation.
(g) To have and exercise all powers incidental, necessary or convenient to the conduct of corporate business, not inconsistent with law, and to engage in any and all activities which will directly or indirectly carry out the purposes of SITE as set forth in S.T.C. 4.01.005.
(a) The corporate powers and authority of SITE, including management and operation of its businesses and property, are vested in its Board of Directors which shall be comprised of the seven (7) members of the Skokomish Tribal Council. By separate authorizing resolution, the Skokomish Tribal Council may create and appoint members to an independent Board of Directors for SITE.
(b) The Board of Directors shall be responsible for the custody and management of all business, property and facilities of SITE. The Board of Directors shall adopt by-laws which provide for the internal regulation and management of the affairs of SITE. The Board of Directors shall be responsible for establishing and maintaining effective policies and procedures for the day-to-day operation of SITE.
(c) The Board of Directors may employ a general manager of SITE and/or managers for the individual tribal businesses to carry out day-to-day operations. The Board of Directors may delegate any or all of its duties and responsibilities, or any portion thereof, under this subsection (c), subsection (d) and subsection (e) to its managers. The Board of Directors may assign additional duties and responsibilities to its managers as needed to carry out the purposes of SITE as set forth in S.T.C. 4.01.005.
(d) In conjunction with the Skokomish Tribal Manager and the Skokomish Department of Economic Development, the Board of Directors shall provide for long-range economic development planning and shall evaluate the activities of SITE within the context of the Tribe's long-range plan.
(e) The Board of Directors shall prepare quarterly and annual reports of Site's activities, as well as prepare Site's annual Plan of Operation for presentation to the Skokomish Tribal Council and the Skokomish General Council.
4.01.008 Powers/Duties Reserved to the Skokomish Tribal Council
(a) The Skokomish Tribal Council must approve, by written resolution, all contracts and leases by and between SITE and any other party which purport to accomplish any of the following:
(1) The waiver of the sovereign immunity of SITE or its enterprises, or of the Skokomish Indian Tribe or any of its branches or, agencies or corporations; or
(2) The purchase, sale, lease, exchange, transfer, conveyance, mortgage, pledge, or encumbrance of real property owned by SITE; PROVIDED that no real property owned by the Skokomish Tribe nor real property held by the United States in trust for the Tribe shall be sold, encumbered or disposed of except by consent of the Skokomish General Council.
(b) The Skokomish Tribal Council may loan Tribal funds for the creation or development of SITE or any of its subsidiary businesses.
(c) The Skokomish Tribal Council may provide for the orderly dissolution of SITE or any of its subsidiary businesses when it has accomplished its purposes or when it becomes necessary to avoid continuing financial loss.
4.01.009 Tribal Manager Powers/Duties of the Skokomish Tribal Manager with
Respect to SITE
The Skokomish Tribal Manager shall have the following powers and duties with respect to SITE:
(a) The Skokomish Tribal Manager shall review Site's annual Plan of Operation. The Skokomish Tribal Manager may recommend revisions of the Plan and shall assist with any revisions to the Plan as may be required.
(b) The Skokomish Tribal Manager shall review the quarterly reports of Site's activities.
(c) At the direction of the Tribal Council, the Skokomish Tribal Manager shall transfer, or arrange for the transfer, of tribal funds for loans for the creation or development of SITE or any of its subsidiary businesses.
(d) At the direction of the Tribal Council, the Skokomish Tribal Manager shall oversee the orderly dissolution of SITE or any of its subsidiary businesses.
(a) SITE is a corporation wholly owned by the Skokomish Indian Tribe for the benefit of the Tribe and its members, and its ownership is inalienable.
(b) SITE shall keep and maintain accurate books, records and minutes of proceedings of its Board of Directors; accurate financial records; and copies of its annual reports for the past five years. All such records and reports shall be available for inspection at its offices during regular office hours by members of the Tribal Council, tribal members and tribal attorneys.
(a) By Resolution No. 80-51, dated September 12, 1980, the Skokomish Tribal Council established the Skokomish Liquor Agency and Store as a department within the tribal government. By Resolution No. 84-50, dated November 19, 1984, the name of the Skokomish Liquor Agency and Store was renamed and currently operates as Twin Totems Grocery and Deli. As a department within the Skokomish tribal government, all the assets of Twin Totems, including property of all kinds, real and personal, tangible and intangible, are directly owned by the Skokomish Indian Tribe. As of the effective date of this Corporate Charter and by this document, the Skokomish Tribal Council transfers all assets of Twin Totems Grocery and Deli, except real property owned by the Tribe or held in trust by the United States, to SITE.
(b) By Resolution No. 98-23, dated February 25, 1998; Resolution No. 99-03, dated January 13, 1999; Resolution No. 99-12, dated February 10, 1999; Resolution No. 99-35, dated May 10, 1999; Resolution No. 00-07, dated January 26, 2000; Resolution No. 00-20, dated February 23, 2000; Resolutions Nos. 00-23 and 00-24, dated March 8, 2000; and Resolution No. 00-57, dated June 7, 2000; the Skokomish Tribal Council authorized the submission of grant proposals and secured other funding for a new tribal business known as the Skokomish Farmarket. As of the effective date of this Corporate Charter and by this document, the Skokomish Tribal Council transfers all assets of the Skokomish Farmarket, except real property owned by the Tribe or held in trust by the United States, to SITE.
(c) All assets transferred to SITE pursuant to this document shall be listed in a separate Appendix and attached to the first annual report submitted to the Skokomish General Council.
4.01.012 Indemnification of Directors and Officers
(a) SITE shall indemnify any person who is a party or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative, because of the fact that the person is or was a director, officer, agent or employee acting on behalf of SITE against expenses (including attorney's fees), judgments, fines, and amounts paid in settlement actually and reasonably incurred by the person in connection with such action, suit, or proceeding to the extent that the person is not otherwise indemnified. HOWEVER PROVIDED, SITE shall not be required to indemnify such director or officer if the Board of Directors determines, pursuant to a judicial decision in any such action, suit, or proceeding or independently, in case of settlement, that the director or officer has failed to act in good faith and with that diligence, care, and skill which an ordinarily prudent person would exercise under similar circumstances in like positions. In the event that the Board of Directors is deadlocked, and upon the majority vote of the directors, such determination shall be made by independent legal counsel.
(b) The right of indemnification provided for here is not exclusive of any other rights to which such director or officer may be entitled and it shall inure to the benefit of the heirs, executors, and administrators of any such person.
4.01.013 Distribution of Corporate Dividends
(a) Payments to Tribe.
This Corporate Charter is granted upon the condition that SITE shall make distributions, including quarterly dividends, to the governing body of the Skokomish Indian Tribe. No distribution of earnings or profit shall be made by SITE to any individual or entity other than the Skokomish Indian Tribe by SITE. PROVIDED, no distribution shall be made if, after giving effect, either:
(1) SITE would not be able to pay its debts as they become due in the usual course of business; or
(2) Site's total assets would be less than the sum of its total liabilities.
(b) Reports.
(1) SITE The Board shall file quarterly reports with the Skokomish Tribal Council, not later than 15 working days after the end of each fiscal quarter, which set out operating results for that quarter and for the corresponding quarter of the preceding year and a narrative analysis of Site's business performance, including that of Site's subsidiary business
(2) Not less than 45 days before the end of each fiscal year, SITE shall submit to the Skokomish Tribal Council its annual Plan of Operation. The Plan shall include at least the following information:
(A) The business done and any planned expansion or reduction in SITE facilities, personnel, or general operations, or in those of Site's subsidiary businesses;
(B) Material changes and developments since the last report in the businesses described; and
(C) Funds required out of net surplus funds or resources for the continuation or expansion of operations, personnel, or facilities.
(3) SITE shall prepare a written annual report of its corporate affairs which shall contain a statement of its current assets and liabilities; audited financial statements of SITE and its businesses for that fiscal year; a summary of significant events affecting corporate business affairs during the past 12 months; and a projection of next year's activities. This annual report shall be provided to deliver to the Tribal Council, within 90 days after the end of each fiscal year, audited financial statements of SITE and its subsidiary corporations for that fiscal year.
4.01.014 Dissolution
(a) SITE shall have perpetual succession; PROVIDED however that The SITE may be dissolved upon adoption by the Tribal Council of a resolution requiring dissolution of SITE Corporation. No such resolution shall take effect before the expiration of 90 days from the date of adoption.
(b) Upon winding up and dissolution of SITE, the assets of SITE, including any of Site's subsidiary businesses not previously dissolved, remaining after payment of, or provision for payment of, all debts and liabilities of SITE, shall be distributed to the Skokomish Indian Tribe,Tribal Council or to any another Skokomish Tribal organization or enterprise wholly owned by the Tribe designated by the Tribal Council which will ensure that the assets of SITE will be used exclusively to accomplish the general purposes for which SITE is organized.
4.01.015 Amendment
This Charter may be amended only upon a resolution ordinance duly adopted by the Skokomish Tribal Council.
4.01.016 Ratification
This Corporate Charter shall be effective from the date of its ratification by the by Resolution by the Skokomish Tribal Council, and shall repeal and replace provisions within any tribal ordinance or resolution pertaining to the legal status of any tribal business owned and operated by SITE.
CERTIFICATE OF RATIFICATION
Pursuant to its inherent sovereign authority and Article V, Section 1(d) of the Constitution of the Skokomish Indian Tribe, the Skokomish Tribal Council ratified the foregoing Corporate Charter for the Skokomish Indian Tribal Enterprises, Inc., by Skokomish Tribal Council Resolution No. , dated .
ATTEST:
| Denny Hurtado, Chairman Skokomish Tribal Council |
Marie Gouley, Secretary Skokomish Tribal Council |
SKOKOMISH GAMING CODE
A law to authorize, license and regulate certain forms of gaming within the jurisdiction of the 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)
Amended by Resolution No. 01-63 (May 16, 2001)
Amended by Resolution No. 01-64 (May 16, 2001)
Amended by Resolution No. 01-132 (October 18, 2001)
Amended by Resolution No. 02-153 (December 11, 2002)
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 of 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-sufficiency and self-determination through the development of tribal businesses and enterprises. Because the Skokomish Reservation lacks income-generating natural resources and because the Tribe's 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 self-government. 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.
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 programs, 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 necessary 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.
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 other designations, 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.
4.02.012 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.
4.02.013 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 Compact
"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 of remuneration for services rendered.
4.02.017 Council or Tribal Council
Council" or "Tribal Council" means the governing body of the Skokomish Indian Tribe.
4.02.018 Educational, Charitable, Patriotic, Veteran's, Fraternal, Religious,
Civic, or Public-Spirited Uses
"Educational, charitable, patriotic, veteran's, 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 economic welfare of the community, and benefit an indefinite number of people.
4.02.019 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 player's 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, veteran's, 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 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 Regulatory Act" or "IGRA" means Public Law 100-497, 102 Stat. 2426, 25 U.S.C. §§2701-2721 (1988), as amended.
4.02.030 Immediate Family
"Immediate Family" means, with respect to the person under consideration, a spouse, father, mother, son, daughter, brother, or sister.
4.02.031 Indian Lands
"Indian lands" means:
(a) land within the limits of an Indian Reservation; or
(b) land over which an Indian tribe exercises governmental power and that is either:
(1) 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 subject 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:
(1) Bingo 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 other person whose total cash compensation derived from gaming subject to this Code is in excess of $50,000 per year; or,
(c) If not otherwise included, the four most highly compensated persons in the gaming operation.
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
(c) The chief financial officer or other person who has financial 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 chance 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 III gaming only, the term "Skokomish Tribal Lands" shall have the meaning contained in Section (2)(Q) and (3)(F) of the Class III compact, as now or hereafter amended, 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 dealer's 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 player's option.
(b) Kings, queens, and jacks each have a count of ten.
(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.
General Provisions
4.02.060 Authority 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 self-determination 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-sufficiency. 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. §§450-450n. In 1983 President Reagan reaffirmed that commitment in his Indian policy statement, encouraged tribes to reduce their dependence on federal funds by generating more of their own revenues, and pledged to assist tribes in that endeavor.
In 1988 the federal commitment to promote tribal economic development, tribal self-sufficiency, and strong tribal government was expressly legislated in the Indian Gaming Regulatory Act ("IGRA"), Public Law 100-497, 102 Stat. 2426, 25 U.S.C. §§ 2701, et seq. (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 criminal law 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 systems and programs, and the promotion and 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 in connection with tribal ceremonies or celebration.
(b) "Class II Gaming" 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 monetary 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
(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 or periods 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 Location 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.
4.02.083 Attributes
As a governmental 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 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 Tribal Commission shall be deemed or construed to be a waiver of sovereign immunity from suit of the Tribe, or to be a consent of the 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 Tribe's attorneys. All waivers 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 Commission. 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 five Tribal Commissioners, who shall be appointed by the Tribal Council.
(b) Qualification of Commissioners
Each Commissioner must be a member of the Skokomish Indian Tribe and shall not be a member of the Skokomish Tribal Council.
(c) Background Check
Prior to the time that any Tribal Commission member takes office on the Tribal Commission, the Tribe shall perform or arrange to have performed a background check on each prospective member, consistent with the policies of the Skokomish Tribal Government. 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 of unsuitable, unfair, or illegal practices, methods, or activities in the conduct of gaming; or
(2) He has been convicted of or entered a plea of nolo contendere to a felony or any 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 a Primary Management Official of a gaming facility located on Skokomish Tribal Lands.
(d) Appointment of Tribal Commission
The Tribal Council shall appoint members to the Tribal Commission during the first regular Tribal Council meeting in November. The Council's appointment of any Tribal Commission member shall be by resolution.
4.02.091 Term of Office
(a) Each Commissioner shall serve a four year term, provided the first rotation shall have one appointed Commissioner with a two year term, two appointed Commissioners with three year terms and two appointed Commissioners with four year terms.
(b) The term of office of the Tribal Commission shall begin during the first official Tribal Commission meeting after the first regular Tribal Council meeting in November.
(c) No member of the Tribal Commission shall serve more than five terms
4.02.092 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 3 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 two members and the Chairman or Acting Chairman.
(e) Voting
All questions arising in connection with the action of the Tribal Commission shall be decided by majority vote. The Chairman of the Tribal Commission shall only be entitled to vote to break a tie.
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 and transmitting to the Tribal Council a copy of those minutes, handling correspondence and reporting Tribal Commission decisions, and such other officers as the Tribal Commission 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 provided 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 office 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.
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 Commission's 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:
(a) To regulate and inspect 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 necessary 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 personal 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 regulatory matter brought before it by any person, organization or business, and all regulatory 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.
(l) To arrange for training of Tribal Commission members, tribal employees and others in areas relating to the regulation 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 Tribe's general or special counsel, and the Tribe's accountants.
(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 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.
(y) To sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its personal property and assets.
(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 Commission's 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.
(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.
(ff) 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 Tribal Council, 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 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.
(ll) 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 Commission shall receive information from the National Indian 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 self-regulation 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.
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 Commission's 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 Attorney 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 Commission's staff shall visit each tribally owned or tribally operated gaming facility at least once every two weeks during normal business hours for the purpose of monitoring 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 its 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.
4.02.101 Hearings; Examiner
Pursuant to regulations, the Tribal Commission may hold any hearing it deems to be reasonably required 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 subject 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 Council 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 Council 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 necessary to keep the Council fully informed as to the status of its various gaming activities.
Gaming and Gaming Licenses
4.02.110 Applicability
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 of the 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.
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.
4.02.113 Types of Licenses
The Tribe shall issue each of the following types of gaming licenses:
(a) Tribally Owned or Tribally Operated Class II
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 III gaming activity, the Council shall file with the Tribal Commission an application for a tribally owned or tribally operated Class II or Class III 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 Operated Class II
Before issuing a license to a tribally owned or operated Class II 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.
(c) Tribally Owned and Tribally Operated Class III
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 III 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 gaming activity is to be played as Class II gaming as defined by this Code and the IGRA or as Class III 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.
(2) The proposed gaming activity shall comply with all IRS reporting and filing requirements.
(3) All of the net proceeds of 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 finds will adequately protect the environment and the public health and safety.
(6) The general manager, all primary management 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 III 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 gaming activity and location specified in the application. Such license may be transferred only upon prior approval of the Tribal Commission upon written request that details the proposed new gaming activity, its location, and proposed gaming operator.
4.02.121 Terms of License
A tribally owned and tribally operated Class II and Class III 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 operator's 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 Gaming License Renewals
Each tribal gaming license must be renewed annually. No renewal fee shall be required for a tribally owned or tribally operated Class II 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 names, 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;
(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;
(l) 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 operator's 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 Council's right and authority to take appropriate action to remedy any gaming violation pursuant to tribal and federal law.
Gaming Employee Licenses
4.02.130 Current and Valid Gaming Employee License Required
Every primary management official and every key employee of any Class II 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 applicant's name, including all other names used, current home and work addresses and telephone numbers, social security number, place of birth, date of birth, citizenship, and driver's 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 applicant's position.
(4) The names and addresses of the applicant's 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 applicant's explanation of the outcome of the case, including the date of final 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 applicant was residing at each of the addresses listed in subsection (b)(1) of this section.
(7) A list of the applicant's 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.
(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 applicant's ownership 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 fully disclose that relative's name and the nature of the relationship.
(16) Written permission giving the Tribal Commission or its designee the right to investigate the applicant's 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 rendered against the applicant, including 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 official 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 of the applicant taken within the last year.
(e) Each application 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 et seq. 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 with the hiring or firing of an employee, the issuance or revocation of a gaming license, or investigations of activities while associated with a tribe or a gaming operation. Failure to consent to the disclosures indicated in this notice will result in a tribe's being unable to hire you in a primary management official or key employee position.
(g) Each application for a gaming employee license shall be accompanied by a non-refundable application fee. The amount of this fee shall be determined by the Skokomish Tribal Gaming Commission to recover the costs of processing gaming license applications.
(h) The disclosure of an applicant's 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 applicant's fingerprints and forward them directly to the National Indian Gaming Commission 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 Commission's decision. If the 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 Commission's 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.
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 III 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, theft, embezzlement, fraud or misrepresentation within the immediately preceding seven years; or
(c) Has been convicted of or entered a plea of guilty or no contest to any other offense related to honesty, violence, or drugs 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 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 of gaming, 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 financial arrangements incidental to the conduct of gaming.
(e) If the applicant is found to have knowingly supplied false or misleading information or has knowingly omitted material information on his license application.
(f) Provided further that the Tribal 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 Tribal Commission, upon written request of the licensee identifying 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 date that it expires.
4.02.136 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 revoke 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 records 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 convicted of, or has entered a plea of nolo contendere to, any crime involving gaming, fraud, theft, embezzlement, or other activity which, if perpetrated at his gaming operator's 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 of unfair, unsuitable, or illegal gaming practices;
(10) The employee has been convicted of, or entered a plea of nolo 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
Whenever the Tribal Commission has reasonable 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 employee's 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 of any gaming law;
(2) The employee's 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
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. § 558.5 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 person's 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 contrary, 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.
Provisions of General Applicability to All Gaming Operators
4.02.150 Provisions of General Applicability to All Gaming Operators
(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 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 necessary.
(i) No Class III gaming equipment or supplies shall be operated, purchased, leased or otherwise acquired by the Tribe unless that Class III equipment or supplies meet the technical equipment standards of either the State of Nevada or the State of New Jersey.
(j) All accounting records of each tribally licensed gaming facility shall be kept on a double entry 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 III gaming is conducted;
(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, IOU's, 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 III game, if the facility serves alcoholic beverages.
(l) 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 of play of every 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-one boxes (shoes) without the approval of the Tribal Commission. All other gaming 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 notify the Tribal Commission of his intention and shall have the finished product approved by the Tribal Commission before it is placed in service.
(q) Gaming chips and other tokens of value may be sold and redeemed only by the gaming operator and only for full value.
(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 license 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 writing 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 lieu 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 grantor's business operation unless approved in writing by the Tribal Commission.
(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 Gaming 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. 91-508, 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