CHAPTER 6-5 GAMING
FINDINGS, POLICY AND PURPOSE
The Colville Business Council finds that:
(a) The Business Council has the authority, under the Constitution and ByLaws of the Confederated Tribes of the Colville Reservation (Tribes), to enact laws necessary for the protection of the health, security, and general welfare of the Tribes;
(b) Certain forms of gaming activities are desired by Colville tribal members, and their regulation is necessary for the protection of the health, security, and general welfare of the Tribes;
(c) Revenues from such activities are essential to fund tribal governmental programs and services;
(d) Authorized forms of gaming activities must be regulated and operated by the Tribes to insure their orderly and lawful operation in order to protect the public interest in the integrity of such gaming activities, to prevent improper or unlawful conduct in the course of such gaming activities, and to promote the development of a balanced tribal economy by dedicating all of the net revenues from such gaming activities to the public purposes of the Tribes; and
(e) Washington State law is not applicable to tribal operations, nor does it adequately address the special interests and needs of the Tribes in both protecting the Reservation and its residents and providing needed revenues to the Tribes. Under the tribal and federal policies of Indian self-determination, it is necessary and appropriate for the Tribes to regulate gaming on the Reservation.
It shall be tribal policy to develop and oversee the regulation and operation of authorized gaming activities to the end that the Tribes is better able to provide its members with community and social services and economic development while at the same time insuring that unregulated gambling and gaming are not allowed on the Colville Reservation.
The purposes of this Chapter are:
(a) To provide a new and continuous source of revenue for governmental and social services to the Tribes and employ tribal members;
(b) To insure the proper regulation and operation of authorized amusement games and gambling;
(c) To allow tribal members and guests to participate in certain forms of amusement games and gambling;
(d) To provide for the social welfare and protection of tribal members and all others who reside within or who may pass through the Reservation; and
(e) To pre-empt State law, including the licensing, taxing, revenue distribution and enforcement parts of RCW 9.46 as that law may apply to those activities specifically covered by this Chapter, and to implement in the place of State law, tribal regulation and control of the activities covered herein.
6-5-20 Rules of Construction
In this Chapter, unless otherwise specifically provided:
(a) The masculine includes the feminine;
(b) The singular includes the plural;
(c) "Includes" and "including" are not limiting; and
(d) "Or" is not exclusive.
For purposes of this Chapter, unless otherwise expressly provided, the following definitions shall apply:
"Act" means the Indian Gaming Regulatory Act, Public Law 100-497, 25 U.S.C. 2701-2721 and 18 U S C. 1166-1168.
"Amusement game" reserved.
"Applicant" means any person who has applied for a license or finding of suitability under the provisions of this Chapter or Commission regulations, or employment with a Gaming Facility Operator, or approval of any act or transaction for which approval is required or permitted under the provisions of this Chapter or Commission regulations.
"Application" means a request for the issuance of a license, or finding of suitability, or for employment by a Gaming Facility Operator, or for approval of any act or transaction for which approval is required under the provisions of this Chapter or Commission regulations.
"Bingo" means a form of gaming wherein there is an opportunity to win prizes that are awarded on the basis of obtaining designated numbers or symbols on a card, screen, or otherwise; conforming to numbers or symbols selected at random, the opportunity for which persons are charged some consideration.
"Bingo equipment" includes all equipment which is actually used, or made or sold for the purpose of use, in bingo games for which consideration is charged persons to play, in connection with which prizes are awarded. Unless otherwise specified, the term shall include, but not be limited to, machines or other devices from which balls or other items are withdrawn to determine the letters and numbers or other symbols to be called, those balls or items themselves, bingo cards, and any other device commonly used in the direct operation of the game.
Bingo game sets commonly manufactured and sold as children's games for a retail price of fifty dollars ($50) or less shall be presumed not to be bingo equipment for purposes of this Chapter unless the set, or portion thereof, is actually used in a bingo game as defined above where prizes of a value of five dollars ($5.00) or more are offered.
"Class I Gaming" means all form of gaming defined as Class I in Section 4(6) of the Act, 25 U.S.C. §2703(6).
"Class II Gaming" means all forms of gaming defined as Class II in section 4(7) of the Act, 25 U.S.C. §2703(7).
"Class III Gaming" means all forms of gaming as defined in Section 4(8) of Act, 25 U.S.C. §2703(8).
"Colville Business Council" means the Business Council of the Confederated Tribes of the Colville Reservation exercising its constitutional functions and duties.
"Colville Tribal Enterprise Corporation" means the entity chartered by the Business Council on July 23, 1984 in accordance with Chapter 7-1 of the Colville Tribal Code.
"Commission" means the Colville Tribal Gaming Commission established by this Chapter.
"Commission Director" means the individual appointed by the Commission and approved by the Business Council to direct the day to day operation of the Commission as provided herein.
"Credit instrument" means a writing which evidences a gaming debt owed to the Tribal Gaming Operation, and includes any writing taken in consolidation, redemption or payment of a prior credit instrument.
"Enterprise" means the Enterprise(s) established by the Tribes to conduct all gaming operations of the Tribes on the Reservation, which currently include Mill Bay Casino and Colville Tribal Bingo.
"Finding of suitability" means an approval granted to a person or enterprise directly or indirectly involved with the Gaming Operations and relates only to the specified involvement for which it was made. If the nature of the involvement changes from that for which the applicant is found suitable, the Tribal Gaming Commission may require the person or enterprise to submit for a determination of suitability in the new capacity.
"Game" and "gambling game" means any game with cards, dice, equipment or any mechanical, electromechanical or electronic device or machine for money, property, checks, credit or any representative of value, including any banking or percentage game.
"Gaming" or Gambling" or "Gaming Activity" means to deal, operate, carry on, conduct, maintain or expose for play any game, slot machine, gaming device, pari-mutuel operation, off-track pari-mutuel operation, interstate common pari-mutuel pool, or race book as deemed in this Chapter and means all forms of Class II and Class III gaming owned and operated by the Tribes and conducted on the Indian Lands of the Tribes, or any other game or device approved by the Commission, but does not include games played with cards in private homes or residences in which no person makes or charges money for operating the game, except as a player, nor include traditional Indian games played by tribal members and their guests.
"Gaming device" or "Electronic Game of Chance" means a microprocessor-controlled electronic device which allows a player to play games of chance, some of which are affected by skill, which device is activated by the insertion of a coin, currency, tokens, or by the use of a credit, and which awards game credits, cash, tokens, replays or a receipt that can be redeemed by the player. For any of the foregoing, the game play may be displayed by:
"Gaming employee" means any person employed as a Primary Management Official or Key Employee of a Gaming Operation of the Tribes and any person employed in the operation or management of a Gaming Operation, including, but not limited to, any person whose employment duties require or authorize access to restricted areas of a Gaming facility not otherwise open to the public.
"Gaming equipment" means any equipment or mechanical, electromechanical or electronic contrivance, component or machine used remotely or directly in connection with gaming, any game that would not otherwise be classified as a gaming device, including dice, playing cards, equipment which affects the proper reporting of gaming revenue, computerized systems for monitoring gaming devices and devices for weighing or counting money.
"Gaming Facility" or"Gaming facilities" means the building, improvements and facilities in which Class II and/or Class III gaming, is conducted.
"Gaming Operation" means any Gaming Activity conducted within any Gaming Facility.
"Gaming Facility Operator" means the Tribes, an enterprise owned by the Tribes, or such other entity of the Tribes as the Tribes may from time to time designate as the wholly-owned Tribal entity having full authority and responsibility for the operation and management of Class II and Class III gaming activities.
"Gaming services" means the providing of any goods or services, except for legal services, to the Tribes in connection with the operation of Class II or Class III gaming in a gaming facility, including but not limited to, equipment, transportation, food, linens, janitorial supplies, maintenance or security services for the gaming facility, in an amount in excess of $10,000 in any single month.
"Gross gaming revenue" means the total of all cash received as winnings, cash received in payment for credit extended by the Gaming Operation to a patron, and compensation received by the Gaming Operation for conducting any game in which the Gaming Operation is not a party to the wager, less the total of all cash paid out as losses to patrons.
"Gross receipts" means the total of all sums received as revenue from the operation of an authorized gambling activity during a given period of time, without allowances, or deduction for pay out of winnings, costs of the transaction, cost of the materials or equipment used, labor expense, interest, discount, rent, taxes or any other allocated or allocable expense or loss during the same period of time.
"Internal control system" means written administrative and accounting procedures for the purpose of exercising effective control over the internal fiscal affairs of the Gaming Operation.
"Interstate common pari-mutuel pool" means a pari-mutuel pool consisting of pari-mutuel wagers placed at a track, its intrastate betting locations, other jurisdictions and the off-track pari-mutuel wagers placed and accepted by pari-mutuel books.
"Immediate family" means and is limited to, the subject individual's spouse, children, and parents--adoptive or biological.
"License" means an approval issued by the Tribal Gaming Commission to any natural person or entity to be involved in the Gaming Operation or in providing Gaming Services to the Tribes.
"Licensee" means any natural person or entity who has been licensed by the Tribal Gaming Commission to be involved in the Gaming Operation or in providing Gaming Services to the Tribes.
"Live Broadcast" means an audio and video transmission of a race, or series of races, as it occurs at a track, whether or not it is furnished by a disseminator for a fee.
"Lottery" means a scheme, plan or device for the distribution of money or property by an element of chance which, for the opportunity to possibly share in such distribution persons have paid or agreed to pay a valuable consideration. "Valuable consideration" as an element of a lottery shall not include:
"Management Contract" means a contract within the meaning of 25 U.S.C. §§2710(d)(9) and 2711.
"Management Contractor" means a natural person or entity that has entered into a Management Contract with the Tribes or a Gaming Facility Operator which has been approved pursuant to 25 U.S.C.§§ 2710(d)(9) and 2711.
"Manufacturer" means a natural person or entity that manufactures Gaming Devices and/or component parts thereof as defined by this Chapter or Commission regulations for use or play in the Gaming Facilities.
"National Indian Gaming Commission (NIGC)" means the federal commission established pursuant to 25 U.S.C. §2704.
"Net Revenue" means gross revenues of a gaming activity less amounts paid out as, or paid for, prizes, winnings and total operating expenses including debt service but excluding management fees paid to a management contractor.
"Off-track pari-mutuel wager" means a wager placed by a patron and accepted by the Gaming Operation's pari-mutuel book on a race or races offered as part of an interstate common pari-mutuel pool whether or not the wager is actually included in the total amount of the interstate wagering pool.
"Pari-mutuel" means a system of wagering on a race or sporting event whereby the winners divide the total amount wagered, after deducting commission, fees, and taxes, in proportion to the amount individually wagered.
"Patron" means any person or group of persons who participate as players in games as defined by this Chapter, or who are physically present on premises wherein or whereon such games are being played, but shall not include current employees of the gaming operation who are actually providing services at the time such games are being played.
"Person" means any association, partnership, corporation, firm, trust, co-operative or other form of business entity, as well as a natural person.
"Premises" means land together with all buildings, improvements, fixtures, and personal property located thereon.
"Primary Management Official" means any individual of the gaming enterprise who exercises authority over the daily operation of the gaming facility, including the authority to hire and fire employees, to supervise employees or to establish operational policy for the gaming activity or gaming facility. Such officials shall include, but not be limited to, all owners, officers, shareholders with greater than a ten percent (10%) ownership interest, or partners of the management contractor, if any.
"Principal" means with respect to any person;
"Race book" means the business of accepting wagers upon the outcome of any event held at a track which uses the pari-mutuel system of wagering.
"Regulation" means a rule, standard, directive or statement of general applicability which effectuates the provisions and policy of the Commission, this Chapter or the policy of the Tribes.
"Reservation" or"Tribal lands" means Indian lands as defined by 25 U.S.C. §2703 (4)(A) and (B), subject to the provisions of 25 U.S.C. §2719.
"State" means the State of Washington, its authorized officials, agents and representatives.
"Services" means labor provided by one person to or for another, where such labor is provided in pursuit of the purposes of gambling on the Colville Reservation.
"Track" means an in-state or out-of-state facility licensed to operate horse or other racing where pari-mutuel wagering on races is conducted. Where applicable, the term also includes a person or governmental agency in or outside a state that operates a track or shares in its revenues and also includes an association of tracks.
"Tribal Court" means the Courts of the Confederated Tribes of the Colville Reservation exercising their constitutional functions.
"Tribal Law Enforcement Agency" means the police force of the Tribes established and maintained by the Tribes pursuant to the Tribes powers of self-government to carry out law enforcement on the Reservation.
"Tribal-State Compact or Compact" means a written document, either negotiated and agreed to by the Colville Tribes and an official or agency of the State of Washington, or prescribed by the Secretary pursuant to 25 U.S.C. §2710(7)(B)(vii), governing the conduct of Class III gaming activities on the Colville Reservation.
"Tribes" and "Tribal" means the Confederated Tribes of the Colville Reservation.
COLVILLE TRIBAL GAMING COMMISSION
There is hereby established a Colville Tribal Gaming Commission which shall carry out law enforcement and regulatory functions as defined in this Chapter, consisting of a chairman and four other members, at least two of whom shall be members of the Tribes, but none of whom shall be employees or managers of the Enterprises or CTEC. The members of the Public Safety Committee of the Business Council shall serve as the Interim Colville Tribal Gaming Commission. The Business Council shall appoint the permanent Commission pursuant to this Chapter no later than ninety (90) days from the adoption of this Chapter unless said time period is extended by Resolution of the Business Council.
The commission chairman and two members shall be appointed by Resolution of the Council to a term of 3 years commencing on the date of their appointment; provided, that the initial members so appointed shall serve for terms deemed to commence on April 1, 1995 and one of the initial members appointed shall be designated to serve an initial term of one year and one of the initial members appointed shall be designated to serve for an initial term of two years.
6-5-52 Qualifications of Commissioners
The Commissioners shall be at least thirty five years of age and shall have substantial education or experience in gaming operations, the practice of gaming law, gaming control, law enforcement, accounting, or public administration. No member or employee of the Commission shall participate as a player in any gaming activities conducted by the Tribes.
The members of the Commission shall serve on a part-time basis as needed to perform the functions established by this Chapter. Compensation for the Commissioners shall be set by the Business Council after considering the recommendation of the Commission.
6-5-54 Powers and Duties of the Commission
The Colville Tribal Gaming Commission is empowered to:
(a) Administer this Chapter, by exercising general control of all gaming, amusement games and gambling as well as exercising all powers necessary to accomplish the purposes of this Chapter and recommend to the Business Council amendments to this Chapter; and
(b) Adopt and enforce rules and regulations in furtherance of the purposes of this Chapter and the performance of its administrative functions; and
(c) Establish by written regulation and oversee any tribal or other amusement game and gambling enterprise including pari-mutuel betting, which may hereafter be authorized by the Commission through regulation with approval of the Business Council.
(d) Collect fees and payments established by this Chapter or by regulation.
(e) Issue and revoke licenses given pursuant to this Chapter.
(f) Investigate violations of this Chapter, file complaints under this Chapter, issue subpoenas and request search warrants upon proper allegations of violations of this Chapter; and with the aid of the tribal prosecutor request arrest warrants for violations of this Chapter.
(g) Establish and revise Standards of Operation and Management for Class II and Class III gaming activities for adoption by the Business Council, as well as reasonable and necessary standards for Class I gaming.
(h) Impose penalties for violations of this Chapter, any applicable compact or the standards operation and management in accordance with the Subchapter on Enforcement, Sanctions, and Penalties under this Chapter.
6-5-55 Tribal Gaming Agents (Inspectors)
The Commission shall have primary responsibility for oversight of tribal gaming operations to assure the integrity of such operations and shall, for that purpose, employ non-uniformed inspectors who shall be present in all gaming facilities during all hours of operation and who shall be under the sole supervision of the Commission and not to any management employees of the Tribal gaming operation. Such inspectors shall have unrestricted access to all areas of the gaming facilities at all times, and personnel employed by the Enterprise shall for such purposes provide such inspectors access to locked and secured areas of the gaming facilities in accordance with the standards of maintenance and operation adopted by the Business Council. Such inspectors shall report to the Commission regarding any failure by the Enterprise to comply with any of the provisions of this Chapter and any other applicable documents and laws and ordinances of the Tribes. Inspectors assigned by the Commission shall also receive consumer complaints within the gaming facilities and shall assist in seeking voluntary resolution of such complaints.
The Commission may on its own initiative investigate any aspect of the operations of the Enterprise in order to protect the public interest in the integrity of such gaming activities, and to prevent improper or unlawful conduct in the course of such gaming activities, and shall investigate any report of a failure of the Enterprise to comply with the provisions of this Chapter and any applicable Compact and may require the Enterprise to take any corrective action deemed necessary by the Commission upon such terms and conditions as the Commission may determine appropriate. The Commission may compel any person employed by or doing business with the Enterprise to appear before it and to provide such information, documents or other materials as may be in their possession to assist in any such investigation.
6-5-57 Public Safety Plan
The Commission shall prepare a plan for the protection of public safety and the physical security of patrons in each of its gaming facilities, following consultation with local law enforcement agencies, setting forth the respective responsibilities of the Commission, the security department of the Enterprise, Tribal Law Enforcement, and local law enforcement agencies.
6-5-58Health and Safety Standards
The Commission shall enforce the health and safety standards applicable to the gaming facilities of the Enterprise in accordance with this Chapter. Prior to the opening of any facility for Class III gaming the Enterprise shall obtain a certificate of compliance from the Commission upon a determination that the gaming facilities of the Enterprise comply with such standards.
The Commission may receive any complaint from an employee of the Enterprise or any member of the public who is or claims to be adversely affected by an act or omission of the Enterprise which is asserted to violate this Chapter, any applicable regulation, or the Standards of Management and Operation adopted pursuant to this Chapter, and may upon consideration of such complaint order such remedial action as it deems appropriate to bring the enterprise to compliance provisions. The Commission may for this purpose, in its sole discretion, conduct a hearing and receive evidence with regard to such complaint if it deems an evidentiary proceeding useful in the resolution of such complaint.
The Commission may adopt an annual operation budget which shall be subject to the approval of the Business Council and may in accordance with said budget employ such staff from time to time as it deems necessary to fulfill its responsibilities under this Chapter, and may obtain legal counsel and other professional services, including investigative services, to assist the Commission with respect to any of the issues over which the Commission exercises jurisdiction. The expenses of the Commission in accordance with such budget shall be assessed against the Enterprises and the Enterprises shall pay such assessment to the Tribes.
The Chairman of the Commission or any other member of the Commission acting in the absence of the Chairman may, whenever he deems it necessary to protect the public interest in the integrity of Tribal gaming operations, issue in the name of the Commission any order which the Commission has the power to issue, to the Enterprise or any employee or contractor of the Enterprise or to any other person within the jurisdiction of the Tribes to take any action or cease and desist from any action as may be required to protect to the public interest; provided, that such order shall be subject to review by the Commission at its earliest opportunity, whereupon it may be confirmed or vacated by the Commission.
6-5-62 Commission Director
The Commission shall appoint an individual to serve as a full time Director of the Commission to administer its responsibilities on a day to day basis and to oversee inspectors appointed by the Commission as well as such other staff as the Commission may from time to time employ. The Director shall be responsible for coordination of the functions of the Commission with Tribal Law Enforcement and other law enforcement agencies. The Chairman may request the Director to conduct a preliminary investigation and render a recommendation to the Commission with respect to the grant or denial of any license, the imposition of any penalty, the investigation of any complaint, or any other action within the jurisdiction of the Commission. The Director shall have the power, in the name of the Commission, to conduct any hearing, investigation or inquiry, compel the production of any information or documents, and otherwise exercise the investigatory powers of the Commission, as any other powers which the Commission may exercise under this Chapter.
6-5-63 Procedures of the Commission
(a) Regular meetings of the Commission may be held upon such notice, or without notice, and at such time and place as shall from time to time be fixed by the Commission. Unless otherwise specified by the Commission, no notice of such regular meeting shall be necessary.
(b) Special meetings of the Commission may be called by the Chairman or the Commission Director. The person or persons calling the special meeting shall fix the time and place thereof. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Commission need to be specified in the notice of the meeting.
(c) At any meeting of the Commission, a majority of the members then in office shall constitute a quorum for the transaction of business. The vote of a majority of the members present at a meeting at which a quorum is present shall be the act of the Commission. The Chairman shall preside at all meetings of the Commission unless the Chairman designates another member to preside in his absence.
(d) Any action required or permitted to be taken at a meeting of the Commission may be taken without a meeting if all of the members sign written consents setting forth the action taken or to be taken, at any time before or after the intended effective date of such action. Such consents shall be filed with the minutes of the Commission, and shall have the same effect as a unanimous vote or resolution of the Commission at a legal meeting thereof.
Any such action taken by unanimous written consents may, but need not be, set forth in such consents in the form of resolutions or votes.
(e) Members of the Commission may participate in a meeting of the Commission by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation in a meeting in such matter by any member who does not object at the beginning of such meeting to the holding thereof in such manner shall constitute presence in person at such meeting.
(f) No action of the Commission to impose a penalty pursuant to the Subchapter on Enforcement, Sanctions, and Penalties under this Chapter, or to revoke a license for a gaming employee previously issued by the Commission, shall be valid unless the person affected is given at least seven days notice of the proposed action and the opportunity to appear and be heard before the Commission, either in person or through a representative or legal counsel, and to submit such evidence as the Commission deems relevant to the matter at issue; provided, that if the Commission deems it necessary to protect the public interest in the integrity of the gaming activities, the Commission may take such action with immediate effect as it deems required, and shall thereupon provide notice and an opportunity to be heard to the affected person as soon as is reasonably practical following such action. Any person who is denied an initial gaming employee license or who is barred from the gaming facilities by action of the Commission may request a hearing before the Commission by written request submitted within thirty days following receipt of notice of the action of the Commission, and the Commission shall thereupon afford an opportunity to appear and be heard before the Commission, either in person or through a representative or legal counsel, and to submit such evidence as the Commission deems relevant to the matter at issue and thereafter the Commission shall either affirm or reconsider its decision. Any hearing conducted under this sub-section may at the direction of the Commission be conducted by the Commission Director or by one or more members of the Commission designated by the Commission for that purpose.
(g) The Commission may adopt such additional procedures and rules as it deems necessary or convenient to govern its affairs and which are consistent with this Chapter.
COMPLIANCE WITH THE ACT
6-5-90 Construction Consistent With IGRA
This Chapter shall be construed in a manner which conforms to the Act in all respects, and if inconsistent with the Act in any manner, the provisions of the Act shall govern.
6-5-91 Limitation on Gaming Operation
In compliance with 25 U.S.C. §2710(b)(2)(A), the Tribes shall have the sole proprietary interest and responsibility for the conduct of any gaming activity on the Reservation; provided however, that nothing herein shall interfere with the exercise by any secured party of its rights under any collateral lease, leasehold mortgage or other financing agreement with the Tribes to enforce its security interests in the premises on which such gaming activities may be conducted, or to enforce its rights against gross revenues of the Tribes from its gaming activities for the purpose of repayment of the debt obligations of the Tribes to such secured party in accordance with the provisions of such agreements.
6-5-92 Application of Net Revenues
In compliance with 25 U.S.C. §§2710(b)(2)(B), net revenues from any gaming activity are not to be used for purposes other than:
(a) to fund tribal government operations or programs;
(b) to provide for the general welfare of the Tribes and its members;
(c) to promote tribal economic development;
(d) to donate to charitable organizations; or
(e) to help fund operations of local government agencies.
Net revenues from gaming may be used to make per capita payments to members of the Tribes upon the preparation of a plan to allocate revenues to the above uses and approval of the plan by the Secretary of the Department of Interior.
6-5-93 Annual Audit
In compliance with 25 U.S.C. §§2710(b)(2)(C) and (D), all gaming activities shall be subject to an audit by independent certified public accountants, not less than annually, and copies of the annual audit shall be provided to the NIGC. All contracts for supplies, services, or concessions for a contract amount in excess of $25,000.00 annually (except contracts for professional, legal or accounting services) relating to Class II or Class III gaming shall be subject to such audits.
6-5-94 Public Safety Standards
In compliance with 25 U.S.C. §2710(b)(2)(E), the construction and maintenance of any gaming facilities, and the operation of gaming activities, shall be conducted in a manner which adequately protects the environment and the public health and safety and for that purpose shall comply with all applicable health, safety and environmental standards enacted by the Tribes and to the extent that federal water discharge standards are specifically applicable to the Reservation, such federal standards shall govern. The Commission established by this Chapter shall be empowered to enforce these requirements as provided in the Subchapter on the Colville Tribal Gaming Commission under this Chapter hereof.
6-5-95 Background Investigations (Finding of Suitability)
In compliance with 25 U.S.C. §2710(b)(2)(F), all Class III gaming employees, including all primary management officials and key employees of any Class II or Class III gaming enterprise, together with other Class II gaming employees as are required by the Commission to secure such licenses, shall be licensed by the Tribes and subject to background investigations and ongoing review, including annual renewal of such licenses. The Tribes shall notify the NIGC of the results of the Commission's licensing process for its primary management officials and key employees in accordance with the regulations and procedures established the NIGC in 25 CFR Part 556.
For all Class III gaming employees and those Class II gaming employees required to obtain a license as a gaming employee from the Commission established pursuant to this Chapter, the Commission shall conduct background investigations of all such employees and shall deny or revoke such licenses for any employee whose prior activities, criminal record, if any, or reputation, habits and associations 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 practice and methods and activities in the conduct of gaming. The Commission shall notify the NIGC of the results of its background investigation for the primary management officials and key employees of its Class II gaming operations as provided in 25 CFR Part 558 and all of its Class III employees.
6-5-96 Separate Licenses
A separate license shall be required for each location or facility in which gaming is authorized by the Tribes. The license shall be issued by the Tribal Gaming Commission and shall be displayed by the gaming operation at the facility.
AUTHORIZATION FOR GAMING ACTIVITIES
6-5-130 Tribal Gaming Authorized
(a) The Confederated Tribes of the Colville Reservation may conduct any Class II gaming activity authorized by the Commission consistent with provisions of this Chapter and the Act.
(b) The Confederated Tribes of the Colville Reservation may conduct any Class III gaming activity authorized by the Commission consistent with the provisions of this Chapter and the Act.
6-5-131 Tribal Organizations Other Than The Enterprise
The Commission with the consent of the Business Council may authorize Tribal departments, political subdivisions or subordinate charitable organizations of the Tribes to operate raffles and amusement games. Such operation shall be consistent with this Chapter and any special conditions imposed by the Commission.
6-5-132 Other Organizations and Entities
The Commission with the consent of the Business Council may authorize other non-tribal organizations and entities to operate raffles and amusement games. Such operation shall be consistent with this Chapter and any special conditions imposed by the Commission.
6-5-133 Authorization By Commission
The Commission may authorize any Class II or Class III gaming activity "permitted " within the State as that term is defined under the Act.
6-5-134 Prohibition Against Gaming
No person duly authorized by the Commission shall engage in, conduct or condone any Class II or Class III gaming activity unless such game is approved by the Commission and the regulations for the rules governing such game have been duly promulgated by the Commission.
6-5-135 Traditional Games
Traditional Indian games played by Tribal members and their guests shall not constitute gaming within the meaning of this Chapter but shall be subject to reasonable and necessary regulation by the Commission.
AUDITING AND INTERNAL CONTROL
6-5-180 Minimum Procedures for Control of Internal Fiscal Affairs
The Commission shall promulgate regulations for control of internal fiscal affairs of all gaming operations. At a minimum, those regulations shall:
(a) Prescribe minimum procedures for safeguarding the gaming operation's assets and revenues, including recording of cash and evidence of indebtedness and mandatory count procedures. Such procedures shall establish a control environment, accounting system, and control procedures that safeguard the assets of the organization, assure that operating transactions are properly recorded, promote operational efficiency, and encourage adherence to prescribed policies;
(b) Prescribe minimum reporting requirements to the Commission;
(c) Provide for the adoption and use of internal audits, by internal auditors and Certified Public Accountants licensed to practice public accounting;
(d) Formulate a uniform code of accounts and accounting classifications to assure consistency, comparability and effective disclosure of financial information. Such code shall require that records be retained that reflect drop (amount of cash wagered by patrons), win/loss (amount of cash won/lost by the gaming operation) and the percentage of win/loss to drop, or provide similar information, for each type of game, or each gaming device;
(e) Prescribe the intervals at which such information shall be furnished;
(f) Provide for the maintenance of documentation (ie. checklists, programs, reports, etc ) to evidence all internal work performed as it relates to the requirements of this section; and
(g) Provide that all financial statements and documentation referred to in subsection (f) be maintained for a minimum of two (2) years.
6-5-181 Commission Oversight of Internal Fiscal Affairs
(a) The Commission shall, by regulation, require audits of the financial statements of all gaming operations. Such audits must:
(b) The Commission shall bear its own costs related to performance of the provisions of this section.
6-5-182 Commission Right to Conduct Audit
The Commission shall be able to retain its own appointed accountants, or direct an accountant employed by the Tribes, to conduct its own audit of any gaming operation.
6-5-183 Prohibition Against Embezzlement
Any delay, maneuver or action of any kind which in the opinion of the Commission is effectuated by any licensee to unlawfully divert gaming or other proceeds properly belonging to the Tribes shall constitute grounds for taking disciplinary action against that licensee. If the Commission finds an unlawful diversion was attempted, it shall sanction the licensee. Sanctions shall be in imposed in accordance with the Subchapter on Enforcement, Sanctions, and Penalties under this Chapter and may include fining, revoking, suspending, limiting or refusing to renew the license.
Failure to comply with this Subchapter or the regulations promulgated hereunder, shall constitute a per se violation of this Chapter.
It shall be a violation of this Chapter for any person to:
(a) Conduct or participate in any Class II or Class III gaming operation on the Reservation other than an Enterprise.
(b) Receive, distribute, apply or divert any property, funds, proceeds or other assets of the Enterprise to the benefit of any individual or any other person except as authorized by this Chapter and any applicable Resolution of the Tribes.
(c) Tamper with any equipment used in the conduct of tribal gaming operations with the intent to cause any person to win or lose any wager other than in accord with the publicly announced rules of such gaming activities.
(d) Do any other act in connection with the conduct of the tribal gaming operations with the intent to effect the outcome of any wager other than in accord with the publicly announced rules of such gaming activities.
(e) To participate as a player in any regular public bingo game, any lottery, any pari-mutuel wager, or game of chance authorized pursuant to the Subchapter on Authorization for Gaming Activities under this Chapter hereof conducted by the Tribes while such person is a member of the Tribal Council or a Director or employee of the Gaming Enterprise.
ENFORCEMENT, SANCTIONS AND PENALTIES
Any person who within the jurisdiction of the Tribes conducts any unauthorized gaming activity regulated by the Commission shall be subject to the sanctions and penalties of Chapter 2-3 and Chapter 3-2, and Section 3-1-185 of the Colville Tribal Code as now or hereafter amended and shall also be subject to civil penalties for each violation pursuant to 6-5-241 of this Chapter.
6-5-241 Civil Penalty
Any person or entity who violates any provision of this Chapter or regulations adopted hereunder shall be subject to a civil penalty of not less than fifty ($50) dollars and no more than five thousand ($5,000) dollars for each violation, in addition to any applicable criminal penalties.
6-5-242 Permit or License Suspension
Any person or entity who violates any provision of this Chapter or regulations adopted hereunder shall be subject to loss of the license provided under this Chapter for a period of not less than one month nor more than five years at the absolute discretion of the Commission.
When the Commission, its Director, an agent of the Commission or a tribal law enforcement officer has reasonable cause to believe that a violation of this Chapter is taking place or has taken place, the Commissioner, law enforcement officer or agent shall issue the violator a citation. All citations shall be referred to the Commission and a duplicate copy delivered to the Tribal Prosecutor.
The Commission, its Director, an agent of the Commission or a tribal law enforcement officer may remove any person subject to a citation pursuant to section 6-5-243 from a gaming facility whenever the circumstances of the violation lead them to believe that continuation of the activity will affect the public peace or safety or the honesty of the gaming activity.
6-5-245 Separate Offenses
Each day that a violation continues shall be considered a separate offense for the purposes of this Subchapter.
6-5-246 Appeal of Commission Decision
An aggrieved party may appeal any final decision of the Commission under this Subchapter to the Tribal Court.
6-5-280 Tribal Court Jurisdiction
The Colville Tribal Court shall have exclusive jurisdiction to adjudicate controversies under this Chapter including appeals from final decisions of the Commission under the Subchapter on the Colville Tribal Gaming Commission under this Chapter.
6-5-281 Sovereign Immunity Preserved
Nothing in this Chapter is intended or shall be construed as a waiver of the sovereign immunity of the Tribes; and no manager, officer or employee of the Commissioner shall be authorized, nor shall he attempt, to waive the immunity of the Tribes.
6-5-282 Damage Suits
Damage suits against any employee, officer, agent, manager or director of the Tribes or any of its departments or agencies for disputes arising under this Chapter or regulations promulgated hereunder are prohibited.
PRIOR ORDINANCE REPEALED
The Colville Amended Gambling Code as adopted in Resolution 1983-61 is hereby repealed; provided, however, that the Commissioner, the Tribal Bingo Enterprise, Mill Bay Casino and the General Managers of the Gaming Enterprises and CTEC shall continue to exercise their respective powers and carry out their respective duties as established under the licenses issued under the former Amended Gambling Code until the Commission notifies each of them that they must obtain the necessary licenses under this Chapter for gaming activities within the jurisdiction of the Tribes. Provided further, that the Enterprises shall continue to pay the ten percent (10%) tribal share as set forth in section 40.7.02. based upon operating income until the Business Council adopts an alternate distribution plan by resolution.
AMENDMENTS AND SEVERABILITY
All provisions of this Chapter and any regulations promulgated hereunder are subject to revision, repeal, or amendment by the Business Council at any time.
If any provision or application of this Chapter is determined by review to be invalid, such determination shall not be held to render such provision inapplicable to other persons or circumstances, nor shall such determination render invalid any other provision of this Chapter.
Chapter 6-5 Adopted 02/15/95, Resolution 1995-179, Certified 02/21/95