SKOKOMISH GAMING CODE
A
law to authorize, license and regulate Gaming within the jurisdiction of the
Skokomish Indian Tribe of
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)
Amended by Resolution No. 04-96 (July 28, 2004)
Amended by Resolution No. 05-20 (February 16, 2005)
Amended by Resolution No. 06-63 (June 7, 2006)
Revised and Restated by Resolution No. 07-144
(October 31, 2007)
Amended by Resolution No. 07-153 (November 7, 2007)
Revised and Restated by Resolution No. 08-004 (January 14,
2008)
Amended by Resolution No. 09-136 (September 2, 2009)
TABLE OF CONTENTS
FINDINGS, PURPOSES AND POLICY
4.02.001
Findings
4.02.002
Purposes
4.02.003
Tribal
Policy of Self-Government
4.02.004
Tribal
Gaming Policy
GENERAL PROVISIONS
4.02.005 Definitions
4.02.006 Authority
and Sovereign Powers and Responsibilities
4.02.007 Application
of Federal Policy
4.02.008 Skokomish
Tribal Policy of Self-Government
4.02.009 Title,
Repeal of Prior Laws, and Effect of Repeal
4.02.010 Classes
of Gaming
4.02.011 Construction
4.02.012 Severability
TRIBAL GAMING COMMISSION
4.02.013
Establishment
4.02.014
Purpose
4.02.015
Location
and Place of Business
4.02.016
Duration
4.02.017
Attributes
4.02.018
Recognition
as a Political Subdivision of the Tribe
4.02.019
Sovereign
Immunity of the Commission
4.02.020
Sovereign
Immunity of the Tribe
4.02.021
Waiver
of Sovereign Immunity of the Commission
4.02.022
Credit
of the Tribe or Commission
4.02.023
Assets
of the Commission
4.02.024
Right
of Entrance; Monthly Inspection Membership
4.02.025
Commissioner
Prohibitions
4.02.026
Commissioner
Required to Display Badge
4.02.027
Term
of Office
4.02.028
Meetings
4.02.029
Organization
4.02.030
Removal
of Members or Vacancies
4.02.031
Ethics
4.02.032
Powers
of the Commission
4.02.033
Tribal
Gaming Agency Director
4.02.034
Annual
Budget
4.02.035
Commission
Regulations
4.02.036
4.02.037
Investigations
4.02.038
Bank
Account for Gaming Facility
4.02.039
Quarterly
Report of Gaming Manager Reports
ADJUDICATIVE HEARINGS AND PROCEDURES
4.02.040
Hearings
4.02.041
Appearance
and Practice Before the Commission
4.02.042
Notice
of Hearing-Requirements
4.02.043
Service
of Process
4.02.044
Informal
Proceedings-Discovery Limitations
4.02.045
Official
Notice
4.02.046
Initial
or Final Order
4.02.047
Judicial
Review
4.02.048
Computation
of Time
RULEMAKING
4.02.049
Notice
of Rulemaking
4.02.050
Public
Hearing
4.02.051
Review
and Consideration of All Submitted Comments
4.02.052
Housekeeping
Rulemaking
4.02.053
Emergency
Rulemaking Criteria
4.02.054
Emergency
Rulemaking Procedure
4.02.055
Petition
for Rulemaking
4.02.056
Rulemaking-Commission
Discharge of Duties
4.02.057
Computation
of Time
LICENSES
4.02.058
Applicability
4.02.059
Gaming
Prohibited
4.02.060
License
Required
4.02.061
Types
of Licenses
4.02.062
No
License Required for Class I Gaming
4.02.063
Application
Procedures
Class II & III
Gaming Licenses
4.02.064
Current
and Valid License Required
4.02.065
Application
for Class II & III Gaming License
4.02.066
Review
Procedure for Class II & III Gaming License
4.02.067
Standards
of Denial of a Class II & III Gaming License
4.02.068
Scope
of Class II & III Gaming License
4.02.069
Requirement
to Produce License Upon Request
4.02.070
Permanent
License Revocation of Class II & III Gaming License
4.02.071
Temporary
Suspension of Class II & III Gaming Licenses
4.02.072
Tribal
Non-Gambling Related Offenses
Non-Gaming Employee
Licenses
4.02.073
Current
and Valid License Required
4.02.074
Application
for Non-Gaming Employee License
4.02.075
Review
Procedure for Non-Gaming Employee License
4.02.076
Scope
of Non-Gaming Employee License
4.02.077
Requirement
to Produce License Upon Request
4.02.078
Permanent
License Revocation of Non-Gaming Employee License
4.02.079
Temporary
Suspension of Non-Gaming Employee License
4.02.080
Tribal
Non-Gambling Related Offenses
Facility and
Operations Licenses
4.02.081
Criteria
Which a Gaming Facility Must Meet
4.02.082
License
Application Fees
4.02.083
License
Tax
4.02.084
Form
of Gaming License
4.02.085
Scope
of Gaming License
4.02.086
Posting
of Licenses
4.02.087
Annual
Reports
4.02.088
Procedure
to Remedy Gaming License Violation
Vendor Licenses
4.02.089
Current
and Valid Gaming or Non-Gaming Vendor License Required
4.02.090
Application
for Vendor License
4.02.091
Review
Procedure for Vendor License Application
4.02.092
Standards
of Denial of a Vendor License
4.02.093
Revocation
or Suspension of a Vendor License and Other Penalties
Provisions of General
Applicability to Gaming Licensees
4.02.094
Provisions
of General Applicability to All Gaming Operators
4.02.095
Licensing
Period
4.02.096
Renewals
4.02.097
License
Application Fees
4.02.098
License
Tax
4.02.099
Form
of License
ENFORCEMENT
4.02.100 Jurisdiction
4.02.101 Prohibited
Acts
4.02.102 Table
of Penalties
4.02.103 Criminal
Violation
4.02.104 Civil
Violation
4.02.105 Cumulative
Fines
4.02.106 Purpose
of Civil Penalties
4.02.107 Civil
Action for Penalties
4.02.108 Seizure
and Forfeiture of Property
4.02.109 Reporting
Offenders
OPERATION OF TRIBALLY OWNED OR TRIBALLY OPERATED GAMES
4.02.110 Management
by a General Manager
4.02.111 Use of Net Revenues of Tribally
Owned or Tribally Operated
Gaming Activities
4.02.112 Maintenance
of Records
4.02.113 Audit
Requirements
4.02.114 Management
Contracts
4.02.115 Additional Requirements for Operation
of Tribally Owned or
Tribally Operated Games
AUTHORIZED GAMES AND INTERNAL CONTROL STANDARDS
4.02.116 Authorized
Games
4.02.117 Internal Control Standards
PATRON DISPUTE RESOLUTION
4.02.118 Patron
Dispute Resolution
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 to 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 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 provides
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.
4.02.005 Definitions
Under
this Code, except where otherwise specifically provided or where the context
otherwise requires, the following terms and expressions shall have the
following meanings:
(a) “Adoption”
means the date listed on the rulemaking order of Adoption.
(b) "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.
(c) “Amendment” means an action that changes
the language of an existing rule.
(d) “Charitable
Gaming Ticket” means any game piece used in the play of a paper pull-tab game,
or jar ticket game, or raffle.
(e)
"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.
(f) "Code" means this Code, the
Skokomish Gaming Code, as now or hereafter amended.
(g)
"Compact" means the
Class III Gaming Compact between the Tribe and the State of
(h) "Compensation"
means all wages, salaries, bonuses, and all other forms of remuneration for
services rendered.
(i) “Continuance”
means an extension of a hearing date or a rule’s Adoption date.
(j) “Council"
or "Tribal Council" means the governing body of the Skokomish Indian
Tribe.
(k) “Days”
means calendar days.
(l) “Director”
means the Director of the Tribal Gaming Agency.
(m) "Educational,
charitable, patriotic, veteran's, fraternal, religious, civic, or
public-spirited uses" are:
(i) Uses
benefiting an indefinite number of people by bringing them under the influence
of educational or cultural programs.
(ii) Uses otherwise lessening the burden of
tribal government.
(iii) 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.
(iv) 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.
(n) “Effective
date” means the date a rule goes into operation.
(o) "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.
(p) "Eligible
organization" means any nonprofit organization operated for educational,
charitable, patriotic, veterans, fraternal, religious, civic, or
public-spirited uses, or for the relief of poverty, distress, or other
condition on the Skokomish Reservation.
(q) “Emergency
rule” means a rule passed in an expedited manner in accordance with this Code.
(r) "Equipment
for games of chance." See "Gaming
Apparatus."
(s) “Filing” means the process of submitting
documents to the Skokomish Tribal Gaming Commission.
(t) “Final rule” means the final version of
a Rule crafted after a Public hearing and consideration of all submitted
comments.
(u) "Game"
or "game of chance" means any activity which falls within the broad
definition of Gaming or Gaming Activity.
(v) "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; 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.
(w) "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.
(x) "Gaming
Apparatus" or "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.
(y) "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.
(z) "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.
(aa) "Gross
proceeds" means any money collected or received from any Gaming Activity.
(bb) “Housekeeping rule” means a rule that
corrects typographical, grammatical, gender, or spelling errors, or changes the
format of a rule.
(cc) "Indian
Gaming Regulatory Act" or "IGRA" means Public Law 100‑497,
102 Stat. 2426, 25 U.S.C. §§2701, et. seq. (1988), as amended.
(dd) "Immediate
Family" means, with respect to the person under consideration, a spouse,
father, mother, son, daughter, brother, or sister.
(ee) "Indian
Lands" means lands as defined by 25 U.S.C. §2703(4) “Skokomish Tribal Lands” has the same meaning
as Indian Lands under this Code.
(ff) "IRS"
means the United States Internal Revenue Service.
(gg) "Key
employee" means a person who performs one or more of the following functions:
(i)
Bingo caller;
(ii) Counting room supervisor;
(iii)
Chief of security;
(iv) Custodian of Gaming supplies or cash;
(v)
Floor manager;
(vi) Pit boss;
(vii)
Dealer;
(viii) Croupier;
(ix)
Approver of credit;
(x)
Custodian of Gaming Apparatus
or Equipment including persons with access to cash and accounting records
within such devices;
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, If not otherwise included, the four most
highly compensated persons in the Gaming Operation.
(hh) “Law” or “Statute” means a statement by a
legislative body or court that must be
obeyed and followed, specifically the laws of the Tribe and, only to the extent
they are binding and applicable, the laws of the State of Washington and the
United States.
(ii) "License"
means any official, legal, and revocable permission granted by the Commission
pursuant to this Code to an applicant to conduct any Gaming Activity on Indian Lands.
(jj) “Licensee”
means the holder of, or applicant for, a License.
(kk) "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 is
determined by the Gaming Operator conducting the "lottery" and a
progressive pool is permitted.
(ll) “NIGC”
means the National Indian Gaming Commission.
(mm) "Net
revenues" means Gross Gaming Revenue of the tribal Gaming Operation less
amounts paid out as, or paid for prizes and total Gaming related operating
expenses, excluding management fees.
(nn) “Notice of Proposed Rulemaking” means a
published notice that informs the public of the specific purpose of the
proposed rule, the language of the proposed rule, and notice of the public
hearing and comment period.
(oo) "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.
(pp) "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.
(qq) “Petition” means the process that an
interested party follows when requesting the Adoption, Amendment, or abrogation
of a Rule.
(rr) "Player"
means a person participating in any game, but does not include a Gaming
Operator.
(ss) "Primary
Management Official" means
(i) The
person having management responsibility for a management contract approved by
the National Indian Gaming Commission; or
(ii)
Any person who has authority:
(1) To
hire and fire Gaming Employees; or
(2) To
set up working policy for a Gaming Operation; or
(iii) The
chief financial officer or other person who has financial management responsibility
for a Gaming Activity.
(tt) "Principal"
means with respect to any management contractor:
(i)
each of its officers and
directors;
(ii)
each of its principal
management employees, including any chief executive officer, chief financial
officer, chief operating officer, or general manager;
(iii) each
of its owners or partners, if it is an unincorporated business;
(iv)
each of its shareholders who
owns more than ten percent of the shares of the corporation, if a corporation;
and
(v)
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.
(uu) "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.
(vv) “Public Hearing and Comment Period” means
the time period during which the public may comment on the Proposed Rule, and
participate in the Rulemaking process.
(ww) “Publish” means posting the notice or other
document at the offices of the Tribal Gaming Commission, and providing a copy
of the notice or other document to the Office of the Tribal Attorney. An item
shall not be considered published until it has been posted and received by the
Office of the Tribal Attorney.
(xx) “Rule” means an agency order, directive or
regulation that: (1) imposes a penalty on those who violate the Rule; or (2)
establishes or revokes requirements or standards relating to a matter under the
Skokomish Tribal Gaming Commission’s jurisdiction.
(yy) “Rulemaking”
means the process used to develop, adopt, amend, or repeal a rule.
(zz) “Rulemaking Order of Adoption” means the
notice that indicates the Skokomish Tribal Gaming Commission has Adopted a Rule,
and provides the Rule’s language.
(aaa) “Skokomish Tribal Lands” see
Indian Lands.
(bbb) “Supplemental notice” means a notice that
informs interested parties that significant changes are being made to a Proposed
Rule. It reopens the Rulemaking proceedings for additional Public comment on
the substantive changes.
(ccc) "State"
means the State of
(ddd) "Commission"
means the Skokomish Tribal Gaming Commission described in this Code.
(eee) "Tribe"
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.
(fff) “Vendor” means any Person or enterprise
that sells goods or services under this Code, and the employees and agents of
that Person or enterprise.
(ggg) "Wager" means the bet made or
consideration or value given by a player in any game.
(hhh) “WSGC” means the Washington State Gambling
Commission
GENERAL
PROVISIONS
4.02.006 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.
4.02.007 Application
of Federal Policy
In
1970, President Nixon announced the policy of the
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 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.
4.02.008 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.
4.02.009 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.
4.02.010 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:
(i) 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
(ii) All
card games, including those pot and wager limits, operated by the Tribe prior to May 1, 1988; and
(iii) All
non-banked 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.
4.02.011 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.
4.02.012 Severability
In the event that any section or provision of this Code is held invalid, it is the intent of the Tribal Council that the remaining sections or provisions of this Code shall continue in full force and effect.
TRIBAL
GAMING COMMISSION
4.02.013 Establishment
The
Tribe hereby charters, creates and establishes the Skokomish Tribal Gaming
Commission as a governmental subdivision of the Tribe.
4.02.014 Purpose
The
purpose of the Tribal Gaming Commission is regulatory in nature. The Commission will conduct oversight to
ensure compliance with applicable tribal, federal and state law and
regulation. The Commission will serve as
the licensing authority for all Gaming facilities and operations, individuals
employed in Gaming and persons doing business with Gaming facilities and
operations within the jurisdiction of the Tribe. The Commission will monitor compliance with
Internal Controls for all Gaming operations and have enforcement authority for
all licensing and compliance matters under the Commission’s jurisdiction within
this Code.
4.02.015 Location
and Place of Business
The
Commission shall be a resident of and maintain its headquarters, principal
place of business, and offices on the Skokomish Reservation. The Commission may, however, establish other
places of business in such other locations as the Commission may from time to
time determine to be in the best interest of the Tribe.
4.02.016 Duration
The
Commission shall have perpetual existence and succession in its own name,
unless dissolved by the Tribe pursuant to Tribal law.
4.02.017 Attributes
As
a governmental subdivision of the Tribe, the 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 Commission that the operations of the 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 Commission shall function as an arm of the Tribe. Notwithstanding any authority delegated to
the 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 Commission, whenever the Tribe deems it necessary to protect
the sovereignty, rights, and interests of the Tribe or the Commission.
4.02.018 Recognition
as a Political Subdivision of the Tribe
The
Tribe, on behalf of the Commission, shall take all necessary steps to acquire
recognition of the 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.
4.02.019 Sovereign
Immunity of the Commission
The
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 4.02.021,
nothing in this Code nor any action of the Tribe or the Commission shall be
deemed or construed to be a waiver of sovereign immunity from suit of the Commission,
or to be a consent of the Tribe or the 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 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 Commission, or to be a consent of the Tribe or the
Commission to suit in respect to any Indian land, or to be a consent of the
Tribe or the Commission to the alienation, attachment, or encumbrance of any
such land.
4.02.020 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 Commission are hereby
expressly reserved, including sovereign immunity from suit in any tribal,
federal or state court. Except as
provided in Section 4.02.021, nothing in this Code nor any action of the 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 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.
4.02.021 Waiver
of Sovereign Immunity of the Commission
Sovereign
immunity of the Commission may be waived only by express resolutions of both
the Commission and the Tribal Council after consultation with the Tribe's
attorneys. All waivers of sovereign
immunity must be preserved by resolution of the 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 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 Commission subject thereto, court having
jurisdiction pursuant thereto, and law applicable thereto. Neither the power to sue and be sued provided
in nor any express waiver of sovereign immunity by resolution of the Commission
shall be deemed a consent to the levy of any judgment, lien, or attachment upon
property of the 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.
4.02.022 Credit
of the Tribe or Commission
Nothing
in this Code or any activity of the Commission shall implicate or any way
involves the credit of the Tribe or the Commission.
4.02.023 Assets
of the Commission
The
Commission shall have only those assets specifically assigned to it by the
Council or acquired in its name by the Tribe or by the Commission on its own
behalf. No activity of the Commission or
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 Commission.
4.02.024 Membership
(a) Number
of Commissioners
The Commission shall be comprised of five Commissioners,
who shall be appointed by the Tribal Council.
(b) Qualification of Commissioners
The
majority of the Commissioners must be members of the Skokomish Indian
Tribe. Commissioners must be over the
age of 18.
(c) Background Check
Prior
to the time that any Commission member takes office on the 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:
(i) His prior
activities, criminal record, if any, or reputation, habits or associations:
(1) Pose a threat to the public interest; or
(2) Threaten the effective regulation and
control of Gaming; or
(3) Enhance the
dangers of unsuitable, unfair, or illegal practices, methods, or activities in
the conduct of Gaming; or
(ii) 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
(iv) He or any
member of his immediate family has a financial interest in any Gaming activity
or Facility; or
(v) A member of
his immediate family is employed as a Primary Management Official or Key
Employee of a Gaming Facility located on Skokomish Tribal Lands.
(d) Appointment of Commission
The
Tribal Council shall appoint members to the Commission during the first regular
Tribal Council meeting in November. The
Council's appointment of any Commission member shall be by resolution
4.02.025 Commissioner Prohibitions
(a) No member of the Tribal Council may
serve on the Commission.
(b) Commissioners are prohibited from Gaming
at any Gaming Facility under the jurisdiction of the Tribe.
(c) Commissioners are prohibited from
accepting complimentary items from the Gaming Operation.
4.02.026 Commissioner
Required to Display Badge
Upon being appointed
to the Commission and successful performance of a background check, a
Commissioner shall be issued a badge which must be displayed on the
Commissioner’s person at all times when on Commission business or in the “back
of the house” at the Gaming Facility. The
Commissioner Badge shall display the Commissioner’s name, term of Gaming
Commission membership and clear indication that badge holder is a Commissioner.
4.02.027 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 Commission shall begin during the first official Commission
meeting after the first regular Tribal Council meeting in November.
(c) No member of the Commission shall serve
more than five terms
4.02.028 Meetings
(a) Regular
Meetings. The Commission shall hold at
least one regular monthly meeting.
(b) Special
Meetings. Special meetings may be called
at the request of the Tribal Council, the Chairman of the Commission or 3 or
more members of the 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 Commission shall be decided by majority vote. The Chairman of the Commission shall only be
entitled to vote to break a tie.
4.02.029 Organization
The 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 Commission
minutes and transmitting to the Tribal Council a copy of those minutes,
handling correspondence and reporting Commission decisions, and such other
officers as the Commission deems advisable.
4.02.030 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 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 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.
4.02.031
Ethics
The
Tribe recognizes that the duties of the Commission include making important
decisions on highly sensitive issues. As
such, the Tribe has determined that Commissioners shall be held to extremely
high ethical standards. Prior to taking
their positions on the Commission, Commissioners shall agree to be bound by the
following principles:
(a) Commissioners
shall not hold financial interests that conflict with the conscientious
performance of their duties as regulators.
(b) Commissioners
shall not engage in financial transactions using nonpublic information or allow
the improper use of such information by others on their behalf to further any
private interest.
(c) Commissioners
shall not solicit or accept any gift or other item of monetary value, including
complimentary items or services from any person or entity seeking official
action or inaction from, doing business with, or conducting activities
regulated by the Commissioner’s organization, or whose interests may be
substantially affected by the performance or nonperformance of the
Commissioners’ duties.
(d) Commissioners
shall make no unauthorized commitments or promises of any kind purporting to
bind the Tribe.
(e) Commissioners
shall not use their positions for private gain.
(f) Commissioners
shall act impartially, in accordance with all relevant and applicable Tribal,
Federal and State laws, and shall not give preferential treatment to any
private organization or individual, including any persons related to
Commissioners.
(g) Commissioners
shall ensure that Tribal property and Gaming assets shall be properly
segregated and safeguarded, and that such property and assets shall not be used
for unauthorized activities.
(h) Commissioners
shall not engage in outside employment or activities which conflict with their
official duties and responsibilities.
(i) Commissioners
shall disclose waste, fraud, abuse and corruption to appropriate authorities.
(j) Commissioners
shall endeavor to avoid any actions creating the appearance that they are
violating the law or the ethical standards listed herein.
(k) Commissioners
shall disclose any real or apparent financial or personal conflicts. If there is a real conflict or the appearance
of one, the member shall not take part in any decision related to the conflict.
4.02.032 Powers
of the Commission
In furtherance, but
not in limitation, of the Commission's purposes and responsibilities, and
subject to any restrictions contained in this Code or other applicable law, the
Commission shall have and is authorized to exercise by majority vote and
through an issued resolution the following powers in addition to all powers
already conferred by this Code:
(a) To regulate and inspect all Gaming
activities, regulate and protect all Gaming assets 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 Commission
internal affairs as the 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 Commission Rules and any Council, Commission,
or
(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 of any
Gaming Activity or Facility operating, or suspected of operating, within the
jurisdiction of the Tribe. In
undertaking such examination or investigation, the Commission may request the
assistance of Commission staff, federal and local law enforcement officials,
legal counsel, and other third parties.
(h) To make or
cause to be made by its agents or employees, quarterly examination of the
books, records, papers, vouchers, accounts, documents, and financial statements,
including all expenses and revenues of any Gaming Activity or Facility
operating within the jurisdiction of the Tribe, for the purpose of monitoring
budget compliance. The Commission shall then report its quarterly findings, in
writing, only to the Council. In
undertaking such examination, the Commission may request the assistance of
Commission staff and other third parties.
(i) To maintain
and keep current a record of new developments in the area of Indian Gaming.
(j) To request
the assistance of the
(k) 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.
(l) To obtain
and publish a summary of federal revenue laws relating to Gaming and to insure
compliance with the same.
(m) To arrange
for training of Commission members, tribal employees and others in areas
relating to the regulation of Gaming.
(n) 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.
(o) To
promulgate rules and regulations to implement and further the provisions of
this Code.
(p) To grant,
revoke, suspend, restrict, expand, and approve or disapprove any application
for any license under this Code..
(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 Commission or Commission staff, such
of its functions as may be necessary to administer this Code efficiently;
provided that the 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 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
(w) To use the seal of the Tribe with the
approval of the Tribal Council.
(x) To sell,
convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of
all or any part of its personal property and assets. Real property is expressly excluded from this
authority.
(y) 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 Commission for moneys borrowed, or in payment for
property acquired or for any of the purposes of the 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 Commission.
(z) To
arbitrate, compromise, negotiate, or settle any dispute to which it is a party
relating to the Commission's authorized activities.
(aa) 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 Commission or which is
necessary or incidental to the accomplishment of the purposes of the Commission.
(bb) 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 Commission
and in accordance with this Code and other applicable law.
(cc) To purchase
insurance from any stock or mutual company for any property, or against any
risk or hazard.
(dd) To engage in
any and all activities which directly or indirectly carry out the purposes of
the Tribe as set forth in this Code.
(ee) 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 Commission or the Tribe.
(ff) 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.
(gg) To establish and maintain such bank
accounts as may be necessary or convenient.
(hh) To require by
regulation the filing of any records, forms, and reports and all other
information desired by the Council for implementation of this Code relating to
any Gaming Activity or operation or any investigation as required by tribal law
and the IGRA.
(ii) To provide
for an internal system of recordkeeping with adequate safeguards for preserving
confidentiality as deemed necessary by the Commission. All applications, background investigations
and Commission decisions shall be retained in Commission files for a period of
at least 10 years.
(jj) To adopt a schedule of fees to be
charged for licenses issued pursuant to this Code.
(kk) 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.
(ll) To conduct
background investigations of all persons who propose to participate in any Gaming
Activity.
(mm) 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 Commission without the prior
explicit written approval of the Tribal Council after consultation with the
Tribal attorneys.
(nn) To discipline
any licensee, or other person participating in any Gaming Activity, by ordering
immediate compliance with this Code or Commission regulations, and/or issuing
disciplinary action as authorized by this Code, whenever the Commission is
notified of a violation by any such person of this Code or any other applicable
law.
(oo) To
issue an order of temporary closure of any Gaming Activity in the event the Commission
determines that immediate closure is necessary to protect assets or interests
of the Tribe, pursuant to Commission regulations, or whenever the Commission
shall receive information from the NIGC that a Primary Management Official or
Key Employee of a Facility does not meet the standards for being licensed under
the IGRA. Immediately upon temporary
closure, a hearing will be scheduled to determine the necessity of continued
closure.
(pp) To hire and advise a Tribal Gaming Agency Director, who shall have authority as delegated by the Commission and as delegated in this Code.
4.02.033 Tribal
Gaming Agency Director
The Tribal Gaming Agency Director (‘Director’) shall be hired by the Tribal Manager in consultation with the Commission. The Director shall report to the Commission on all regulatory matters, under the proper jurisdiction of the Commission. The Director shall report to the Tribal Council on all administrative matters including, but not limited to Commission personnel and budget matters. Director shall be licensed as a Class II & III Gaming Licensee. The TGA Director shall be responsible for:
(a) Carrying out the daily duties of the Commission including, but not limited to, licensing, compliance and enforcement functions of the Commission as given in this Code; and
(b) Hiring,
firing and managing necessary staff to carry out such daily duties; and
(c)
Developing
and implementing policies and procedures for such staff; and
(d)
Preparing
and implementing the Annual Budget for the Commission; and
(e) Acting as Commission staff, including
coordination of regular Commission meetings and recording of minutes; and
(f)
Other
such duties as may be delegated by the Commission.
4.02.034 Annual
Budget
The
Director shall prepare an annual operating budget for all Commission activities
to be approved by the Commission, and then presented to the Council for final
approval according to the Budget Code of the Tribe.
4.02.035 Commission Regulations
(a)
Commission Regulations
necessary to carry out the orderly performance of its duties and powers shall
include, but shall not be limited to:
(i) Internal operational procedures of the Commission
and its staff;
(ii) Interpretation and application of this Code
as may be necessary to carry out the Commission's duties and exercise its
powers;
(iii) A regulatory system for all Gaming Activity,
including accounting, contracting, management, and supervision;
(iv) The findings of any reports or other
information required by or necessary to implement this Code; and
(v) The conduct of inspections,
investigations, hearings, enforcement actions, and other powers of the Commission
authorized by this Code.
(b) No regulation of the Commission shall be
of any force or effect unless it is adopted by the Commission by written
resolution and subsequently approved by a resolution of the Tribal Council and both
resolutions filed for record in the Office of the Tribal Attorney.
(c) The
4.02.036 Right
of Entrance; Inspection
The
Commission and duly authorized officers and employees of the 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 Commission and
to any properly authorized officer or employee.
The results of such inspection shall be duly reported by the Commission
and a copy of such report given to the Gaming Operator.
4.02.037 Investigations
The
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 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 Commission regulations.
4.02.038 Bank
Account for Gaming Facility
The Tribal Council
shall ensure that the Tribe opens a separate bank account for each tribally
owned or 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.
4.02.039 Quarterly
Report of Gaming Manager Reports
The
Commission shall file a quarterly report with the Council summarizing regulatory
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 regulatory status of its various Gaming Activities.
4.02.040 Hearings
(a) The
Commission shall afford a Licensee the opportunity for an adjudicative proceeding
before suspending a Licensee except in cases where the circumstances call for
immediate action to protect the public safety, general welfare, or the
integrity of the Gaming Operation, and observing the hearing requirements would
be contrary to the public interest, in which case the Licensee shall be entitled
to a prompt post-suspension hearing.
(b) No
hearing will be conducted with respect to any adjudicative proceeding unless an
application for an adjudicative proceeding and request for hearing is timely
filed by the Licensee with the Commission in compliance with this Code. The
application must be made in writing on a form to be obtained from the Tribal Gaming
Agency, or a facsimile thereof, and must be received within fifteen (15) days
of the party’s receipt of a notice of administrative charges and opportunity
for an adjudicative proceeding. An application for an adjudicative proceeding
and request for hearing shall accompany all notices of administrative charges.
(c) If
an application for an adjudicative proceeding is not timely filed, then the party
affected shall have waived the right to a hearing on the allegations set forth
in the notice of administrative charges. The party shall be deemed to be in
default and the Commission may take action against the party not to exceed the
maximum penalty as stated in the notice of administrative charges and
opportunity for an adjudicative proceeding, which action shall be final.
4.02.041 Appearance
Before the Commission—Who May Appear
No person may
appear in a representative capacity before the Skokomish Gaming Commission
other than the following:
(a) Persons
duly admitted to the bar of the
(b) Attorneys
at law duly qualified and entitled to practice before the highest court of
record of any state.
(c) A
bona fide officer, authorized manager, partner, or full-time employee of any
individual firm, association, partnership, or corporation who appears for such
individual firm, association partnership or corporation.
(d) A
person representing him or herself.
(e) Interpreters
for persons with a limited understanding of the English language or
hearing-impaired persons.
(f) Persons
as may be permitted by the Commission upon a showing by a party that necessity
or hardship would make it unduly burdensome for the party to have a
representative as set forth under subsections (a), (b), and (c) above.
4.02.042 Notice
of Hearing—Requirements
All parties that
have filed a timely application for adjudicated proceeding shall be served with
a notice of hearing at least seven (7) days before the date set for the hearing
unless all parties consent to a shorter period. The notice shall state the
time, place, and purpose of the hearing.
4.02.043 Service
of Process
Service of Process
to effectuate notice shall be required for all hearings under this Code.
(a) By
Whom Served. The Director shall cause to
be served all orders, notices, and other documents issued by the Director or
the Commission, together with any other documents, which the Director is
required by law to serve. Every other
document shall be served by the party filing it.
(b) Upon Whom Served. All
papers served by either the Director or any party shall be served upon all
counsel of record at the time of such filing and upon parties not represented
by counsel or upon their agents designated by them or by law. Any counsel entering an appearance after the
initiation of the proceeding shall notify all other counsel then of record and
all parties not represented by counsel of such fact.
(c) Method
of Service. Service of all orders,
notices, and other documents shall be made personally or by first-class or
certified mail. Facsimile service by the Director or the Commission is
prohibited.
(d) When Service is Complete.
Service of notices and other documents shall be regarded as complete as
follows:
(i) By personal service, upon
(ii) By
mail, upon deposit in the
(e) Filing with the Director or the Commission
Documents
required to be filed with the Director or Commission shall be deemed filed upon
actual receipt of the documents by the Director or Commission, regardless of
method of
4.02.044 Informal
Proceedings—Discovery Limitations
In all proceedings
before the Commission, discovery requests to the Director shall be limited to
requests for production of written reports and supporting documents relevant to
the charges. Interrogatories and
depositions shall not be allowed.
4.02.045 Official Notice
(a) Matters of Law. The
Director and the Commission, upon request made before or during a hearing, or
upon its own motion will officially notice:
(i) Federal Law. The Constitution; congressional acts,
resolutions, records, journals and committee reports; decisions of federal
courts and administrative agencies; executive orders and proclamations; and all
rules, orders and notices published in the Federal Register.
(ii) Tribal
Law. The Constitution of the Skokomish
Tribe; the Compact; the Skokomish Tribal Code; all duly enacted ordinances,
regulations and resolutions of the Tribal Council; and resolutions of the
General Council.
(iii) State Law. The
Constitution of the State of Washington; acts, resolutions, records, journals,
and committee reports of the legislature; decisions of the courts and
administrative agencies of the State of Washington; executive orders and
proclamations by the governor; and all rules, orders and notices filed with the
Code reviser.
(iv) Commission Organization. The Commission’s organization administration,
officers, personnel, and official publications.
(b) Material Facts. In the
absence of controverting evidence, the Director and Commission, upon request
made before or during a hearing, or upon its own motion, may officially notice:
(i) Commission
Proceedings. The pendency and
disposition of any proceeding then pending before or concluded by the Agency or
Commission; and the issues and position of the parties in any other proceeding.
(ii) Business
Customs. General customs and practices followed
in the transaction of business;
(iii) Notorious
Facts. Facts so generally and widely
known to all well-informed persons as not to be subject to reasonable dispute,
or specific facts which are capable of immediate and accurate demonstration by resort
to accessible sources of generally accepted authority, including but not
exclusively, facts stated in any publication authorized or permitted by law to
be made by any federal, state, or tribal officer, commission or agency;
(iv) Request
or Suggestion. Any party may request, or
the Commission or the Director may suggest, that official notice be taken of a
material fact, which shall be clearly and precisely stated, orally on the
record, at any prehearing conference or oral hearing or argument, or may make
such request to suggestion by written notice, any pleading, motion, memorandum,
or brief served upon all parties at any time before a final decision;
(v) Statement.
Where an initial or final decision of
the Commission or Director rests in whole
or in part upon official notice of a material fact, such fact shall be clearly and precisely stated in such decision.
In determining whether to take official
notice of materials facts, the Commission
or Director may consult any source of pertinent information, whether or not furnished as it may be, by
any party and whether or not admissible
under the rules of evidence;
(vi) Controversion.
Any party may controvert a request or a
suggestion that official notice of a material fact be taken at the time the
same is made if it be made orally, or by a pleading, reply or brief in response
to the pleading or brief or notice in which the same is made or suggested. If
any decision is stated to rest in whole or in part upon official fact by
appropriate exceptions if such notice be taken in an initial or intermediate
decision or by a petition for reconsideration if notice of such fact be taken
in a final report. Such controversion shall concisely and clearly set forth the
sources, authority and other data relied upon to show the existence or
nonexistence of the material fact assumed or denied in the decision;
(vii) Evaluation
of Evidence. Nothing herein shall be
construed to preclude the Commission or Director from utilizing their
experience, technical competence, and specialized knowledge in the evaluation
of the evidence presented to them.
4.02.046 Initial or Final Order
Every decision and order, whether initial or final, shall:
(a) Be correctly captioned as to the name of the Commission and
name of proceeding;
(b) Designate all parties and counsel to the proceeding;
(c) Include a concise
statement of the nature and the background of the proceeding;
(d) Be accompanied by appropriate numbered findings of fact and
conclusions of law and a statement from the presiding officer of the
credibility of the witnesses, and that the decision is based, all or in part,
upon such findings;
(e) Include the reason or reasons for the particular order or
remedy afforded. Findings shall be
accompanied by a concise and explicit statement of the underlying evidence of
record to support the findings;
(f) Reference specific authority or rules and provisions considered
or relied upon.
4.02.047 Judicial
Review
The Commission’s decision may be
appealed to the
4.02.048 Computation of Time
For
the purposes of this section, in computing any period of time prescribed or
allowed by Commission Regulation, an order of the Director or Commission, or by
an applicable statute, the day of the act, event, or default after which the
designated period of time begins to run is not to be included. The last day of the period so computed is to
be included, unless it is a Saturday, Sunday or a legal holiday, in which event
the period runs until the end of the next day which is not a Saturday, Sunday,
or a holiday. This section shall not apply to periods of License suspension.
RULEMAKING
4.02.049
Notice of Rulemaking
In
Adopting Rules under this Code, the Commission shall, before adopting any rule,
except an Emergency Rule or a Housekeeping Rule, do each of the following:
(a) Publish
a Notice of Proposed Rulemaking at least twenty-five (25) calendar days before
the expiration of the public hearing and comment period for the proposed
rulemaking action. In addition to publication, a copy of the notice shall be
sent via first-class mail or hand delivered on or before the date of
publication to any existing Licensee or pending applicant for a License whose
rights or duties will be substantially affected by the Proposed rule.
(b) Conduct,
on the date and at the time and place designated in the notice, a public
hearing at which any person affected by the Proposed Rule, including
organizations, may appear and be heard in person, by attorney, or both, and may
present the person’s or organization’s position or contentions orally or in
writing. The hearing date should be the last day of the public hearing and
comment period.
4.02.050 Public Hearing
The
Public Hearing for rulemaking except those given in Section 4.02.049(b) above:
(a) Shall
be held on Skokomish Tribal Lands. The Commission
shall make effort to allow all interested parties to make a full presentation
of their oral comments, but the Commission may, at its discretion, limit the
time available to each commenter to whatever extent is necessary to conclude
the meeting by the end of the business day. The Commission may, if necessary and at its
discretion, extend a hearing for an additional day.
(b) May be held as a part of a regular or
special meeting of the Commission.
(c) Shall be recorded or detailed minutes
shall be taken.
4.02.051 Review and Consideration of All Submitted
Comments
(a) Interested
parties may submit written comments during the Public hearing and comment
period. The comments must be received by
the Commission before the comment period ends. Oral comments may be made in lieu of, or in
addition to, written comments. The oral
comments may be made only at the scheduled hearing.
(b) If substantial changes to the proposed
rule are made after the hearing and review of the submitted comments, a Supplemental
Notice will be issued. An additional
comment period shall be open for at least twenty-five (25) days. An additional hearing may be held at the
discretion of the Commission.
(c) If
substantial changes to the proposed rule are not made, or they have been made
and the additional comment period has passed and no additional substantial
changes are made, then the Commission shall vote on the Final Rule. If the Final Rule passes the Commission, the
Commission shall submit the final rule to the Tribal Council for the Council’s
consideration and vote.
(d) If
the Tribal Council passes the Final Rule, then the Commission shall publish the
Rulemaking Order of Adoption. The Order
of Adoption must contain an Effective Date, and the Effective Date must be at
least ten (10) days after the Adoption date.
4.02.052 Housekeeping Rulemaking
The
Commission may hold a Public Hearing for a proposed Housekeeping rule at its
discretion. If the Commission chooses to
hold a Public Hearing, the hearing is subject to the requirements contained
herein.
4.02.053 Emergency Rulemaking Criteria
Emergency
Rulemaking is appropriate under the following circumstances:
(a) The
circumstances call for immediate action to protect the public safety, general
welfare, or the integrity of the Gaming Operation, and observing the notice and
hearing requirements of regular rulemaking would be contrary to the public
interest; or
(b) Binding
law or regulation requires immediate Adoption of a Rule to protect the public
or the Gaming Operation.
4.02.054 Emergency Rulemaking Procedure
(a) Emergency
Rulemaking is exempt from the Notice Requirement given in Section 4.02.049 to
address the emergency. The Commission
will vote on a proposed Emergency Rule as soon as possible, without a comment
period.
(b) Upon
adoption of an Emergency Rule by the Commission, the Emergency Rule shall be
submitted to the Tribal Council for consideration and vote.
(c) Upon
Adoption of the Emergency Rule by the Tribal Council, the Commission shall
publish the Rulemaking Order of Adoption. The Order of Adoption must contain an
Effective Date, and the Effective Date will be the day of Adoption. The Order
of Adoption shall contain a notice that interested parties may petition for the
Amendment or abrogation of the Emergency Rule.
4.02.055 Petition for Rulemaking
An
interested party may at any time petition for the issuance, Amendment, or
abrogation of a Rule. The petition must be signed and filed with the Commission. The Commission shall consider the petition
and may, at its discretion, begin a rulemaking.
4.02.056 Rulemaking-Commission Discharge of
Duties
The
Commission shall diligently discharge the duties imposed by this section, but a
minor failure of publication or a failure to mail any notice or copy of a Proposed
rule does not necessarily invalidate any Rule.
4.02.057 Computation of Time
For
the purposes of this section, in computing any period of time prescribed or
allowed by Commission regulation, an order of the Director or Commission, or by
an applicable statute, the day of the act, event, or default after which the
designated period of time begins to run is not to be included. The last day of
the period so computed is to be included, unless it is a Saturday, Sunday or a
legal holiday, in which event the period runs until the end of the next day
which is not a Saturday, Sunday, or a holiday. This section shall not apply to
periods of license suspension.
LICENSES
4.02.058 Applicability
The Commission 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.
4.02.059 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 Activity
except in compliance with this Code.
4.02.060
License Required
No
person shall operate a Class II or Class III Gaming Facility, conduct Class II
or Class III Gaming, or conduct business with a Class II or Class III Facility Operator
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 as authorized by this Code.
4.02.061 Types
of Licenses
The
Commission shall issue each of the following types of Gaming licenses:
(a) Class
II & Class III Gaming-This type of License is required by any Primary
Management Official, Key Employee, Class II Gaming Employee, or Class III Gaming
Employee.
(b) Non-Gaming
Employee..
(c) Facility
and Facility Operator-This type of License is required for each Class II or
Class III Gaming Facility operated by the Skokomish Indian Tribe.
(d) Gaming
Vendor-This type of License is required of all Vendors of goods and services
directly related to Class II & III Gaming and Non-exempt Gaming
Financiers. Non-exempt Gaming financiers
must meet all Tribal licensing and State Certification and suitability
requirements. Gaming Vendor licensing
requirements may be more fully set forth in the Commission regulations. The Tribe shall not enter into, or continue
to make payments pursuant to, any contract or agreement that would require
licensing if the Gaming Vendor has been denied a License or is deemed
unsuitable, or the license or suitability determination has expired without
renewal.
(e) Non-Gaming
Vendor-This type of License is required of all Vendors of goods and services
not related to Gaming and which:
(i)
Supply
more than $25,000 in goods and services annually; and
(ii) Supply
only food, beverage, gift shop, advertising, promotional, entertainment or
marketing goods and services.
4.02.062 No
License Required 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 Commission, and such permission must be on file with
the Tribal Secretary before any such Class I Gaming is conducted.
4.02.063
Application Procedures
For any proposed activity requiring a License
as described in this Code, the applicant shall file with the Commission an
application for the appropriate License.
Before issuing a License pursuant to this Code, the Commission shall:
(a) Review
the proposed Gaming Activity to ensure that all criteria required by this Code
shall be met.
(b)
Perform the necessary
background checks on management contractors, Primary Management Officials, and
Key Employees required by this Code.
(c) Review and approve the accounting
procedures to be used in such Gaming Activity.
(d) Take any additional steps necessary to
ensure the integrity of such Gaming Activity.
(e)
Review all aspects of the
proposed Gaming Operation to ensure that it will be in compliance with the
provisions of the Compact.
Class II & Class
III Gaming Licenses
4.02.064 Current
and Valid Gaming 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 Class II
& III Gaming License.
4.02.065 Application for Class II & III Gaming
License
(a) A Person
seeking a Tribal Gaming License must be at least 19 years of age. All applicants shall submit an application to
the Commission on such form and in such manner as the Commission may require.
(b) Such application shall include the
following information:
(i) 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.
(ii)
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.
(iii) The name and job description of the
applicant's position.
(iv)
The names and addresses of each
of the applicant's relatives employed at the Gaming Facility or by the
Commission.
(v)
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.
(vi)
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.
(vii)
A list of the applicant's
previous jobs over the preceding five years, including the name, address and
telephone number of applicant’s employer, and the position held.
(viii)
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.
(ix)
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.
(x)
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.
(xi)
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 the applicant’s 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.
(xii)
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.
(xiii)
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.
(xiv) A statement of all languages written or
spoken.
(xv)
A sworn statement that neither
the applicant nor any member of the applicant’s 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.
(xvi)
Written permission giving the Commission
or its designee the right to investigate the applicant's background, including
his criminal record, civil and criminal judgments, and credit history.
(xvii)
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.
(xviii) 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.
(xix)
Any other information which
might bring into question the applicant’s fitness to serve as a Primary
Management Official, Key Employee or Gaming Employee of a 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
(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.
The
disclosure of your Social Security Number (SSN) is voluntary. However, failure to supply a SSN may result
in errors in processing your application.
(g) Each application shall include the
following notice to applicants:
‘A false statement on any part of
your application may be grounds for not hiring
you, or for firing you after you begin work.
Also, you may be punished
by fine or imprisonment. (
Primary Management Officials and Key
Employees employed at the time of the
adoption of this Code, shall sign a statement that contains the above notice regarding false statements.
(h)
Each application for a Class
II & III Gaming 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.
(i)
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.
4.02.066 Review
Procedure for Class II & III Gaming License Application
Before
issuing a Class II & III Gaming License, the 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 the Tribal 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 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 Commission votes to deny the License,
it shall include in such notice the specific reasons for its decision and shall
notify the NIGC of the decision.
(b)
For Primary Management Officials
and Key Employees, forward to the National Indian Gaming Commission a copy of
the application, the results of the background checks performed, and the Commission's
findings and decision.
(c)
All applications, background
checks, and Commission decisions shall be retained in the Commission files for as
long the Licensee is employed at the Facility or for a period of 10 years,
whichever is greater.
(d)
Following the termination of
a Primary Management Official or Key Employee, the Commission shall retain the
applications and Background Investigations reports for inspection by the NIGC
for at least three years from the date of termination.
(e) All
Class III Gaming Licenses shall be certified by the Washington State Gambling
Commission as required by the Class III Gaming Tribal-State Compact.
4.02.067
Standards of Denial for a Class
II & III Gaming License
The
Commission shall not License for a Class II or Class III Gaming License, any Person
who:
(a) Is under the age of 19; 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; unless seven (7) years have passed since the offense, and
the person is a member of a federally recognized Indian tribe who 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; 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; this provision shall not apply if that person has been pardoned by the
Governor of the State where the conviction occurred or, if a member of a
federally recognized Indian tribe, 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 Commission determines 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 Commission may,
by regulations, add additional limitations and conditions for denial of said License.
4.02.068 Scope
of Class II & Class III Gaming License
A Class II & III
Gaming 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 Commission, upon written request of
the Licensee identifying the proposed new Gaming Facility, its location, and
the proposed Gaming Operator thereof.
4.02.069 Requirement
to Produce License Upon Request
Any person receiving a
Class II & III 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 Commission, the WSGC, or the NIGC.
4.02.070 Permanent
License Revocation of Class II & III Gaming License
(a) Grounds
for Permanent Revocation
The
Commission may permanently revoke a Gaming License, after notice and an
opportunity for a hearing, for any of the following reasons:
(i) The
Licensee has withheld pertinent information on his application;
(ii) The
Licensee has made false statements on the application;
(iii) The Licensee has participated in Gaming Activity
which was not authorized by any tribal Gaming License;
(iv) The Licensee has attempted to bribe a
Tribal Council member, Commissioner, or other Person in an attempt to avoid or
circumvent this Code or any other applicable law;
(v) The Licensee has offered something of
value or accepted a loan, financing, or other thing of value to a Commission
member, a subordinate employee or any person participating in any Gaming Activity;
(vi) The Licensee has knowingly promoted,
played, or participated in any Gaming Activity operated in violation of this Code
or any other applicable law;
(vii) The Licensee has been knowingly involved in
the falsification of books or records which relate to a transaction connected
with the operation of Gaming Activity;
(viii) The Licensee has violated any provision of
this Code or the rules and regulations of the Commission;
(ix) The Licensee has been convicted of, or has
entered a plea of no contest 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;
(x) The Licensee has been convicted of, or
entered a plea of no contest to, a
crime involving the sale of illegal narcotics or controlled substances;
(xi) The Licensee has failed to comply with any
lawful order, inquiry or directive of the 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
(xii) The Licensee 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.
4.02.071 Temporary
Suspension of Class II & III Gaming License
(a) Grounds
for Temporary Suspension
The
Commission may temporarily suspend a Class II & III Gaming License for not
more than thirty days for any of the following reasons:
(i) The
Licensee has been charged with a violation of any Gaming Law;
(ii) The Licensee's continued employment as a Primary
Management Official or Key Employee of a Gaming Activity poses a threat to the
general public;
(iii) The Licensee has made a material false
statement in his or her License application;
(iv) The Licensee has participated in Gaming
Activity unauthorized by his or her License;
(v) The Licensee has refused to comply with
any lawful order of the Commission, the Tribal Council, the
(b) Immediate
Temporary Suspension
The
Commission shall immediately temporarily suspend a Class II & III Gaming License
for not more than thirty days upon receipt of notification from the NIGC 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 Licensee of the
suspension and proposed revocation and the time and place for hearing under
this Code.
4.02.072 Tribal
Non-Gambling Related Offenses
(a) Notwithstanding anything herein to the
contrary, in the absence of other violations, it shall not be automatic grounds
for revocation, suspension or denial of a Class II & III 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 U.S. Supreme Court rulings on the subject:
(i)
fishing or hunting offenses;
(ii)
cigarette, fireworks or alcohol sales
offenses; or
(iii)
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.
Non-Gaming Employee
Licenses
4.02.073 Current
and Valid License Required
Every
Non-Gaming Employee employed at a Tribal Gaming Facility under the jurisdiction
of the Tribe shall possess a current, valid Non-Gaming Employee license.
4.02.074
Application for Non-Gaming
Employee License
(a) A
person seeking a Non-Gaming Employee License must be at least 18 years of
age. All applicants shall submit an
application to the Commission on such form and in such manner as the Commission
may require.
(b) Such application shall include the
following information: