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The Commission shall exercise all powers necessary to perform the duties assigned to it by Chapter 5.05 WTC, Gaming, this chapter or any other gaming ordinance or regulation duly adopted by the Tribe. The Commission shall exercise its regulatory powers in accordance with the Indian Gaming Regulatory Act and regulations, the Tribal-state Gaming Compact, the Tribe’s own gaming laws and regulations and applicable state laws or regulations. Without limiting the generality of the foregoing, the Commission is authorized to:

A. Conduct background investigations of all prospective employees and other persons for whom background investigations are required as a condition of licensing by the Compact, Tribal laws, state laws or federal laws;

B. Issue, suspend, revoke and renew licenses of all persons referred to in subsection (A) of this section upon completion of background investigations and review of eligibility/suitability;

C. Forward completed applications and investigative reports on each background investigation for primary management officials and key employees to the NIGC prior to issuing a license and notify the NIGC if, after conducting a background investigation on a primary management official or a key employee, the Commission does not license the individual;

D. Forward to the State Gaming Agency notices of intent to license and completed applications and investigative reports as required by the Compact;

E. Maintain records on licensees and on persons denied licenses, as well as persons otherwise prohibited from engaging in gaming activities within the Tribe’s jurisdiction; provided, that applications and background investigation reports shall be maintained for at least three years from termination of employment;

F. Provide the State Gaming Agency with the name, badge identification number and job description of all nonkey gaming employees on a monthly basis as required by the Compact;

G. Issue licenses to each place, facility or location within the lands of the Wiyot Tribe where the Tribe authorizes gaming, including individually owned gaming, should such be permitted under applicable law;

H. Ensure that gaming facilities are constructed, maintained and operated in a manner that adequately protects the environment and the public health and safety;

I. Obtain annual independent outside audits and submit these audits to the NIGC;

J. Ensure that net revenues from any gaming activities are used for the purposes set forth in the Tribe’s gaming ordinance (Chapter 5.05 WTC);

K. Promulgate Tribal gaming regulations for approval by the Tribal Council, including but not limited to regulations dealing with:

1. Criteria and procedures for licensing:

a. All employees of the gaming operation;

b. Each place, facility or location within the lands of the Wiyot Tribe where the Tribe authorizes gaming, including individually owned gaming should such be permitted under applicable law;

c. Persons and entities who do business with the gaming operation, including manufacturers and suppliers of machines, equipment and supplies;

2. Minimum internal control standards or procedures for the gaming operation, including standards or procedures relating to:

a. The operation’s credit policies and procedures for acquiring supplies and equipment;

b. Surveillance;

c. Games and gaming machines;

d. Cage and credit;

e. Internal audit;

f. Electronic data processing;

g. Complimentary services or items;

L. Resolve patron disputes;

M. Perform audits of business transactions to ensure compliance with regulations and/or policy;

N. Monitor gaming activities to ensure compliance with the Indian Gaming Regulatory Act, its regulations, the Tribal-State Gaming Compact and the Tribe’s laws and regulations;

O. Interact with other regulatory and law enforcement agencies regarding the regulation of gaming;

P. Conduct investigations of possible violations and take appropriate enforcement action, including but not limited to:

1. Imposition of civil penalties not to exceed $5,000.00 per each separate count or violation, where each day of violation shall constitute a separate count or violation;

2. Inspect and examine all premises wherein gaming is conducted or gambling devices are used, manufactured, sold or distributed;

3. Inspect all equipment and supplies in, upon or about a gaming operation, or inspect any equipment or supplies, wherever located, which may be, or have been, used in the gaming operation;

4. Summarily seize and remove from a gaming operation (or wherever located) and impound such equipment or supplies for the purposes of examination, inspection, evidence or forfeiture;

5. Demand immediate access to and inspect, examine and audit all papers, books, and records of applicants and licensees, and require verification of income and all other matters affecting the enforcement of this chapter;

6. Seize and impound any patron’s winnings which the Commission has reason to believe may have been won or obtained in violation of this chapter pending a civil forfeiture hearing on such seizure; and

7. Issue subpoenas and compel the attendance of witnesses for hearings at any place within the lands of the Tribe, to administer oaths and require testimony under oath;

Q. Provide independent information to the Tribe on the status of the Tribe’s gaming operations;

R. Take testimony and conduct hearings on regulatory matters, including matters related to the revocation of licenses;

S. Retain a paid staff, legal counsel and other consultants in accordance with any personnel ordinance, policies or procedures adopted by the Tribe, to be paid out of the Commission’s annual budget which must be approved by the Tribal Council in accordance with WTC 2.15.350;

T. Establish such policies, procedures, and rules as are needed to carry out the purposes of this chapter; and

U. Delegate the above-mentioned powers to the Executive Director. [Ord. 09-03 Art. III § 2, approved 11/8/03.]