your request tribal gaming ordinance adopted - PDF document

1 your request tribal gaming ordinance ado
your request tribal gaming ordinance adopted LUMMI INDIAN BUSINESS COUNCIL 2616 KWlNA RD. BELLINGHAM, WASHINGTON 98226-9298 (206) 734-8180 DEPARTMENT: EXT. - RESOLUTION #94-I36 OF THE LUMMI INDIAN BUSINESS COUNCIL Lummi lndian Business Council constituted governing body Lummi lndian the authority of the Constitution Lummi Nation the Lummi by the Assistant Commissioner Business Council amended the Ordinance No. Regulatory Act of 1988 requires the Gaming Commission's review and was submitted to the National requires certain modifications to the Lummi Gaming to comply with the lndian Gaming Regulatory Act; THEREFORE BE IT RESOLVED, the attached which incorporates provisions required by

2 the Indian Gaming Gaming Commission, FUR
the Indian Gaming Gaming Commission, FURTHER RESOLVED, that the Lummi No. 0-82-1, amendments thereto, are hereby repealed; BE IT that the Chairman (or the his absence) and directed to execute connected therewith, Secretary (or the Recording Secretary directed to execute the following LUMMI INDIAN NATION ~ahry M. C@Y, Chair &.- Lummi Indian Busin s of the Business Council, I hereby the above was adopted at the Council at which For, Against, and Abstention(s). William Jones, Acting Secretary Lummi Indian To be ratified ,,? OFFICE of the Alacmmr WMMI NATlON STATE d WASHINGTON COUNTY OF WHATCOM IcuWyOPLthtrbabwsndcanOcOWd~ &cwnmmhOr-dLrrmO- 1 SECTION I . LEGISLATIVE FIN

3 DINGS AND DECLARATION OF POLICY .......
DINGS AND DECLARATION OF POLICY .................................................. 1 SECTION I1 . DEFINITIONS ..................................................................................................................................... 1 SECTION I11 . GAMBLING PROHIBITED EXCEPT AS AUTHORIZED .......................................................... 3 ................................................................................... SECTION IV . AUTHORIZED GAMBLING ACTIVITIES 3 SECTION V . OWNERSHIP OF GAMING FACILITIES AND/OR ENTERPRISES ......................................... 4 ...........................................................................................

4 .............. SECTION VI . USE OF GA~N
.............. SECTION VI . USE OF GA~NG REVENUE 4 . ................................................................................................................................................ SECTION V11 AUDIT 4 ........... SECTION VIII COMMISSION CREATED ................................................................................ EMPLOYEES. PRIMARY MANAGEMENT ....................................................................................................................................... 7 SECTION XI1 . LICENSING OF GAMING PLACES. FACILITIES AND LOCATIONS .............................. 13 SECTION XI11 . DAYS AND TIMES OF OPERATION .............................

5 ........................................
.......................................................... 13 SECTION XIV . MINORS PROHIBITED ............................................................................................................... 13 SECTION XV . MISCELLANEOUS RULES AND REGULATIONS .................................................................. 13 SECTION XVI . CUSTOMER DISPUTES .............................................................................................................. 15 TRADITIONAL GAMES EXEMPTED XVIII . CONSTRUCTION ...................................................................................................................... 17 SECTION XIX . SEVERABILITY ..................

6 ........................................
......................................................................................................... 17 SECTION XX . REPEAL ........................................................................................................................................... 17 Proposed Amendments 7/28/94 "Gambling" shall activity whereby risks something value upon a future contingent event not under his control influence, upon understanding that the event "Player" shall who participates an employee "Poker" shall mean any various round card in which the participants against each other and attempt achieve the highest ranking hand rules that particular "Private Social Game" shall mean any card co

7 nstitutes gambling and the following the
nstitutes gambling and the following the game are players' success winning money other thing is, in long-run, largely determined the skill organization, corporation, charges any value wagered players; provided, however that this subsection shall not preclude a player from obtaining his or her winnings; organization, corporation, entity or person collects or obtains money or thing of value from, imposed any fee upon, any person which private property and open to "Pull Tab" is a participants purchase a chance chances to fixed number and announced prizes from a fixed, predetermined and like chances, such pool reduces the chances remaining and the winning a particular prize removes that prize from

8 play until chances is exhausted withdraw
play until chances is exhausted withdrawn from play. Prizes are drawing chances displaying either numbers combinations displayed the game played using preprinted tickets made laminated paste-board tickets the faces otherwise completely obscured to conceal from the view players and operators the numbers or symbols printed thereon until the covering is paper tickets a computerized electronic dispenser EPROM chips expedite the while preserving the essential elements, the game a chance containing a B) ass I11 Gaming Authorized -- Tribal Mono& Class I11 defined in IGRA, 25 Section 2703 the NIGC that hereafter may effect is provided such gaming is also a Tribal-State compact the Interior and

9 in effect, federal law. It unlawful for
in effect, federal law. It unlawful for perform, conduct, operate, maintain, or supervise Class I11 gaming activities the Lummi Indian Reservation, except LIBC acting its employees such games shall be conducted in this Ordinance, and any regulations promulgated the LIGC, and any applicable Tribal-State compact OWNERSHIP OF AND/OR have the proprietary interest in responsibility for andlor enterprise(s) authorized by this Ordinance. Section VI. USE OFGAMING A) Except authorized pursuant Subsection B this Section, from Class I1 and Class I11 Lurnmi Indian Reservation following payment prizes, capital expenditures, debts, and necessary management and operations, including taxes and

10 assessments, paid to the LIBC and shall
assessments, paid to the LIBC and shall be used only for the following purposes: find Tribal government operations and programs; Provide for the general welfare the Tribe its members; (3) Promote Tribal economic development; charitable organizations; fhd capita payments to Tribal shall authorize such payments only to and the Secretary Interior pursuant to 25 $2710 (b) (3). Section VII. shall cause annually an independent audit all gaming operations and submit the audit reports the National Indian Gaming such other agencies may be the terms and conditions I11 other document authorizing Class I11 the Lummi Indian shall appoint a Chairperson the LIGC, the Commission appointed for year

11 s and members shall of two incumbent mem
s and members shall of two incumbent members LIGC upon the adoption this Ordinance shall continue terms and conditions under which they appointed. LIBC shall determine and authorize the compensation to be based upon LIBC's the time and the qualifications authorized and hereby directed to promulgate, subject review and the LIBC, and comprehensive regulations the implementation and Ordinance. Said regulations shall describe and establish the rules for each specific Class I1 and Class I11 activity to authorized to be on the Lummi Indian Reservation, and no form such gaming may be Indian Reservation without prior LIGC, independent full authority monitor compliance Ordinance and its Regulation

12 s, investigate and prosecute violations
s, investigate and prosecute violations this Ordinance and the gaming regulations, and act to prevent any violation(s) the approval and the the LIGC shall reasonably may required to fulfill under this Ordinance. Compensation Commission employees shall which is comparable paid to governmental gaming regulatory agencies. to the the LIGC hereby authorized to establish and and licensees such application, permit fully reimburse the Tribe its actual operating the enforcing this Ordinance and LIGC regulations, and permit applications, and otherwise the Indian Gaming Regulatory Act (IGRA). gaming-related fee imposed the LIGC, with an Comn~ission this Ordinance I11 gaming compact authorizing and r

13 egulating Reservation, shall or revocati
egulating Reservation, shall or revocation license or permit issued this Ordinance, exclusion any non-member the Lummi Nation from the Indian Reservation, and imposition such other sanctions entity subject to any shall have penalty to and regulations may be for that purpose. any appeal shall (b) If not otherwise included, cash compensation otherwise included, the four most compensated persons the gaming other Casino position(s) deemed to key position Primary Management (a) A who performs the following functions: General Manager; Human Casino Operations Non-Gaqing (b) If otherwise included, the having management responsibility management contract; If otherwise any person who has author

14 ity: (1) hire and fire working policy
ity: (1) hire and fire working policy for the gaming operation; (d) If otherwise who has management responsibility; position(s) deemed to Primary Management (3) Standard Employee means; (a) A person following functions: (1) Maintenance & Beverage employees position(s) deemed to Bgglication Forms (1) following notice the application form employee, a primary management official, that form is existing and previous relationships with Indian tribes, including ownership interests those businesses; existing and previous business relationships the gaming industry generally, ownership interests those businesses; (g) The name and address any licensing regulatory agency with which permit rela

15 ted gaming, whether permit was granted.
ted gaming, whether permit was granted. For each felony for which there is an ongoing a conviction, the charge, the court involved, and the date disposition if any; (i) For each misdemeanor conviction ongoing misdemeanor prosecution (excluding minor traffic violations for which a fine less than was imposed), the date the application, the name the court the date and disposition; (i) For each criminal charge (excluding violations for a fine imposed), whether not there a conviction, if such criminal ten years the date the application and is this Subsection, the criminal charge, and address the court and the date and disposition; name and address any licensing with which an application occupation

16 al license permit was granted; current p
al license permit was granted; current photograph; (m)Any information the Fingerprints consistent with procedures adopted the LIGC according to 25 5 shall conduct an make a determination below. In conducting a investigation, the LIGC andlor shall promise keep confidential the person interviewed in the course of the investigation, unless such person gives written such disclosure. Fingepnntlng . . authorized to act Law and Order officials for the purpose requirements in subsection 10 With respect employees and management officials, the shall retain applications for employment reports (if the Chairman the National Indian Gaming Commission designee for less than three years from the date

17 submit a Indian Gaming Commission for st
submit a Indian Gaming Commission for standard employees. person shall in any capacity gaming operation Ordinance unless helshe first obtains good standing a license The LIGC issue a temporary license to who satisfactorily license from the LIGC; provided that in the judgment temporary license will not jeopardize public safety Temporary license shall not issued for greater than days. Existing employees temporary license valid for following adoption this Ordinance If, within a day period after National Indian Gaming Commission receives a report, National Indian Gaming Commission notifies the LIGC license pursuant official for whom the LIGC has application and investigative report to National In

18 dian Gaming Commission, the issue a lice
dian Gaming Commission, the issue a license may issue a license a standard immediately following an eligibility determination required in LIGC shall request for additional information from the Chairman National Indian Gaming Commission concerning a official who is the subject Such a request shall suspend the 30- period under paragraph (H)(l) this section the Chairman the National Indian Gaming Commission additional information. If, within day period described above, the National Indian Commission provides the LIGC with the issuance employee or for whom the LIGC provided an application and investigative report National Indian the LIGC shall reconsider the application, taking into account Ind

19 ian Gaming Commission. LIGC shall decisi
ian Gaming Commission. LIGC shall decision whether issue a license to such applicant. If, after a gaming license, the National Indian Gaming Commission receives reliable information indicated that a primary management official is eligible for employment Subsection E national Indian Commission shall Gaming Ordinance (5) Side bets ? . . rohibited. participants are Uers by other than participa . . . ~rdiblted. for the paigow, only persons actually playing in may wager upon the outcome when wagered the game paigow, wagers which in way involves the outcome the game, or of game, are Assistance and substitutes person shall to sit a card for any render assistance to any the game in any tha

20 t participant an advantage over the othe
t participant an advantage over the other shall act ~revent chew. All licensees games authorized under this Ordinance shall any player play in cheat the persons with whom he is all reasonably necessary steps to prevent cheating, and shall be responsible games played upon the fairly played. Any incident in which a person is suspected cheating shall be reported immediately the applicable law enforcement agency. Intoxicated perspns shall not play or provide who is visibly under controlled substance to play, play, in the game. operator, and operating the games that no unauthorized person is allowed in any the playing or providing services to be develo~ed and posted. Each entity this Ordinanc

21 e in a conspicuous manner the rules the
e in a conspicuous manner the rules the conducting this Ordinance and the regulations establish the requirements for posting (1 1) Picturecation reqw. the management the provisions this Ordinance while premises shall license which shall contain the name, photograph, and be worn in plain to be persons participating in the event; this section shall not undercover personnel performing legitimate security services for entity. Such persons shall carry proper their person, not be required to it except upon lawfbl the operating entity. Cash HandlingIlisputes. When there is a dispute a cashier over a cash transaction, procedure should Cashier should contact their immediate supervisor. Supervi

22 sor should the dispute. the dispute over
sor should the dispute. the dispute over an amount money less than $5.00 and there is the facts, shall rule the guest. In disputes larger than $5.00, the supervisor should contact Surveillance for a the tape see the video tape, copy should made and the guest in Pisru~tive employee or supervisor notices the influence disruptive behavior, the incident should immediately called to the attention the Security andlor the Shift a supervisory level) should behavior before Depending upon the problem, Security If drunkenness drug abuse is involved, ask the guest leave the premises. call a cab the guest them not in their current condition. behavior, Security should ask discontinue the disruptive behav

23 ior. If guest refuses to Security should
ior. If guest refuses to Security should then ask the guest the Casino If a guest, who has been asked Casino premises refuses should immediately contact the Nation Law Order Department request that the trespass laws If a guest repeats drunkenness, drug later to the is severe, the guest should be barred from the for a time. Guests may appeal a decision the General Criminal Behavior event criminal the Casino premises, immediately contacted. Security should contact the Lummi Nation and Order the activity. Law and Order, Security should continue the offense. Under no circumstances should to apprehend be initiated. Upon Lummi Nation Law and Order officers, the Security Department personnel shoul