Eighth Amendment to the Tribal-State Compact for Class III Gaming Between the Jamestown S'Klallam Tribe and Washington

Summary

This is the Eighth Amendment to the Tribal-State Compact for Class III Gaming between the Jamestown S’Klallam Tribe and the State of Washington, which the introduction says was restated on July 28, 2017, and amended on July 6, 2021. It amends the definition of Gaming Station to include Electronic Table Games subject to Appendix G, adds a provision allowing the Tribe to offer them, and adds Appendix F and Appendix G. Appendix F allows Gaming Station wager limits in the High Limit Room up to $5,000 and, if implemented, limits Class III Gaming Stations at the Gaming Facilities combined to 125. It provides that the Tribe accrue 0.20 percent of net win until June 30, 2024, and 0.26 percent beginning July 1, 2024, for problem gambling programs.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Eighth Amendment to the Tribal-State Compact for Class III Gaming Between the Jamestown S'Klallam Tribe and Washington.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-07-10-a31365-d262551-jamestown-sklallam-eighth-amendment-3b7106079d/, SHA-256 dae3887b8fdfe3c1eccab0b64cfcb4fc2a26e23dcf817626c908e5da9b0e3021.

Full text

EIGHTH AMENDMENT TO THE TRIBAL-STATE COMPACT
FOR CLASS III GAMING BETWEEN
THE JAMESTOWN S’KLALLAM TRIBE AND THE STATE OF WASHINGTON

INTRODUCTION

The JAMESTOWN S’KLALLAM TRIBE (hereafter, “Tribe”) and the STATE OF
WASHINGTON (hereafter, “State”) restated their Class III gaming compact on July 28, 2017,
and further amended it on July 6, 2021 (the gaming compact, along with all appendices and
amendments, hereafter the “Compact”), pursuant to the Indian Gaming Regulatory Act
(hereafter, “IGRA”). At the request of the Tribe, the Tribe and State entered into negotiations for

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further amendments to the Compact. The parties have reached an agreement on Compact
amendments as set forth in this document. The parties believe the conduct of Class III gaming
under the terms and conditions set forth below will benefit the Tribe and the State and protect
citizens of the Tribe and the State consistent with the objectives of IGRA.

1.
O.
AF COMPACT AMENDMENT

Compact, Section II. O and V are amended to read as follows:
“Gaming Station” means one Gaming table of the general size and scope as commonly
used in Nevada or Electronic Table Games, subject to Appendix G.

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2.
V.

G.
“Pit” means the area enclosed or encircled by an arrangement of Gaming Stations, other
than Electronic Table Games, in which Gaming Facility personnel administer and
supervise the games played at the tables by the patrons located on the outside perimeter
of the area.

Compact Section III.G, as previously amended, is amended to read as follows:
Forms of Payment.
All payment for wagers made in authorized forms of Class III Gaming conducted by
the Tribe on its Tribal Lands, including the purchase of chips for use in wagering, shall
be made by Cash or Cash Equivalent. Cash payments for wagers made through near-
field communication (NFC) devices, EMV or smart cards, or similar secure payment
technologies may be utilized upon agreement between the Tribe and the State Gaming
Agency and documented in a Memorandum of Understanding. No credit shall be
extended to any patron of the Gaming Facilities for gaming activities except as
authorized in this Compact and Appendices.

3. A new Section IV.B(4) is added to the Compact as follows:
(4) The Tribe may offer Electronic Table Games, subject to Appendix G.

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4. Compact Section XII.B(2) is amended to read as follows:
(2) Tribal Jurisdiction

Civil disputes arising from the conduct of Gaming under the Gaming Code may be
heard in the Northwest Intertribal Court Jamestown S’Klallam Tribal Court or
appropriate administrative forum as established by the Gaming Jamestown S’Klallam
Tribal Code.

5. A new Section XVII.G(6) is added to the Compact as follows:
(6) If the Washington State Lottery approves a purchase price per ticket greater than that
provided under this Compact, the Gaming Operation may increase its maximum wagers
and purchase price for scratch tickets or On-Line Lottery Wagers to match the
Washington State Lottery increase, provided that the State and Tribe agree to

6.
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incorporate into this Compact only the specific provisions and restrictions related to the
purchase price, and such agreement will be documented in a memorandum of
incorporation.

The Compact is hereby amended to add Appendix F—Limitations on Wagers, Credit,

7.
AF
Facilities; Increasing Problem Gaming Resources and Contributions, in the form
attached hereto, in its entirety.
The Compact is hereby amended to add Appendix G—Electronic Table Games, in the
form attached hereto, in its entirety.

IN WITNESS WHEREOF, the Jamestown S’Klallam Tribe and the State of Washington have
executed this Eighth Amendment to the Compact.

DTHE JAMESTOWN S’KLALLAM TRIBE

R
BY:

Dated:
W. RON ALLEN
Chairman, Jamestown S’Klallam Tribe
STATE OF WASHINGTON

BY:

Dated:
JAY INSLEE
Governor

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JAMESTOWN S’KLALLAM TRIBE
and the
STATE OF WASHINGTON
CLASS III GAMING COMPACT

APPENDIX F
LIMITATIONS ON WAGERS, CREDIT, FACILITIES;
INCREASING PROBLEM GAMING RESOURCES AND CONTRIBUTIONS

Table of Contents
1. Conditions and Limitations .................................................................................................. 1
2.
3.
4.
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Higher Wager Limits at Gaming Stations ............................................................................ 1
Extension of Credit ............................................................................................................... 3
Wagering Limits – Player Terminals.................................................................................... 4
5.
6.
7.
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Facility Limits – Gaming Stations and Player Terminals..................................................... 4
Contributions. ....................................................................................................................... 5
Problem, Pathological, and Responsible Gambling Programs ............................................. 7

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1. Conditions and Limitations

This Appendix contains the concessions, limitations, and agreement of the Tribe and
State with respect to the subject matter addressed herein. However, Compact provisions
that are not addressed in this Appendix remain in full force and effect, unless and until
they are subsequently amended pursuant to the processes set forth in the Compact. This
Appendix contains interdependent conditions and consequences that must be accepted as
a whole.

The Tribe and State agree that, although the Compact and its appendices become
effective upon publication of notice of approval by the Secretary of the Interior of the
United States in the Federal Register in accordance with 25 U.S.C. § 2710(d)(3)(B), the
implementation of Appendix F shall be delayed until any of the provisions herein are
implemented by the Tribe (“Implementation Date”). However, if certain provisions in this

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Appendix have been implemented through another appendix, the delayed implementation
shall not apply to those provisions. The Tribe shall provide notice to the State if, as and
when implementation of Appendix F commences.

All terms not defined herein shall have the same definitions as in the Tribe’s Compact

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and its amendments and appendices.

Higher Wager Limits at Gaming Stations

Due to the remote location, competitive market, and patron base of the Gaming Facility,
the Tribe typically operates a limited number of Gaming Stations. While the Tribe does
not expect to offer Gaming Stations with higher limits on a frequent basis, from time to
time the Tribe would make such limits available to its patrons.

2.1. High Limit Room

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2.1.1. “High Limit Room” means a clearly identified area of the Gaming Facility
separated by a permanent, physical barrier or a separate room in the
Gaming Facility. “Permanent, physical barrier” includes a partial wall,
fence or similar separation. Stanchions or similar movable barriers are not
considered a permanent, physical barrier.

2.1.2. The Gaming Operation may offer Gaming Station wager limits in the High
Limit Room up to five thousand dollars ($5,000) subject to the limitations
of Section 2.4 below.

2.2. Flex High Limit Room

Due to the expected infrequency of higher limit play, constructing a High Limit
Room may not be financially feasible for the Tribe. Constructing a High Limit
Room could also unnecessarily stress operational and regulatory resources needed
to protect these and other Gaming activities within the Gaming Facility without

Jamestown S’Klallam Tribe – State of Washington Gaming Compact
Appendix F—Limitations on Wagers, Credit, Facilities; Increasing Problem Gaming Resources
and Contributions 1
substantial benefit to the Gaming Operation. For these reasons, the parties agree to
the following provisions related to a Flex High Limit Room:

2.2.1. “Flex High Limit Room” means a multi-purpose room in the Gaming
Facility that is used on a limited basis. The Flex High Limit Room must
have the same operational requirements as a High Limit Room.

2.2.2. In the Flex High Limit Room, the Gaming Operation may offer up to four
(4) Restricted Access Tables, subject to Section 5.1(3). Restricted Access
Tables are Gaming Stations where wagers above $500 and up to $5,000
are allowed, subject to the limitations of Section 2.4 below.

2.2.3. The Gaming Operation may operate the Flex High Limit Room up to one
hundred twenty (120) Gaming days per year.

2.3.
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2.2.4. The process for approving the schedule for use of Restricted Tables in the
Flex High Limit Room will be outlined in the Internal Controls.

High Limit Tables

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2.3.1. “High Limit Table” means a designated Gaming Station in the Gaming
Facility separated by a movable or non-movable barrier, such as
stanchions or partial wall, prominently labeled with signage designating it
as a High Limit Table, and with wager limits higher than those provided in
Section III.J of the Compact, subject to the requirements and limitations of
this Appendix.

2.3.2. The Gaming Operation may offer Gaming Station wager limits not to
exceed one thousand dollars ($1,000) at the Gaming Facility’s High Limit

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2.4.
Table(s) subject to the limitations of Section 2.4 below.

Limitations

2.4.1. Gaming at the Gaming Stations in the High Limit Room and the Restricted
Access Tables shall be limited to customers pre-screened by the Gaming
Operation. The pre-screening qualifications and screening process will be
set forth in an MOU agreed upon by the State Gaming Agency and the
Tribe, as may be amended from time to time.

2.4.2. No customers may participate in Gaming in the High Limit Room, in the
Flex High Limit Room, or at a High Limit Table if they are known to the
Gaming Operation to have a history of problem gambling, are barred for
self-exclusion, or are identified by the Tribal Gaming Agency as
demonstrating significant characteristics associated with problem
gambling.

3. Extension of Credit

3.1. Notwithstanding Section III.G of the Compact, the Gaming Operation may extend
credit to qualified patrons who seek an extension of credit and who meet the
criteria set forth in credit procedures developed by the Gaming Operation. At a
minimum, the credit procedures must specify:

3.1.1. All patrons requesting credit are required to submit a complete tribal credit
application and be provided problem gambling information;

3.1.2. The minimum and maximum amount any patron can request;

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3.1.3. The process for review and verification of the credit application. The
review process shall include, at a minimum, proof of identity, obtaining a
credit report, gaming report unless this is the first casino credit for the
patron (from Central Credit Inc. or similar provider that provides

AFinformation on the patron’s prior casino credit), and bank verification of
accounts;

3.1.4. When a patron’s credit application will be reviewed after initial
application and preapproval;

3.1.5. Patrons will not be extended credit if known to the Gaming Operation to
have a history of problem gambling, if actively barred for self-exclusion,
or if the Gaming Operation’s review of a credit report indicates the patron
is proposing to make wagers beyond his or her means;

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3.1.6. How each patron’s credit application information is kept confidential and
secure from unauthorized access, including who is authorized to access the
credit application information;

3.1.7. Information about patrons requesting credit are not shared or used for
marketing or promotional purposes with entities outside the Gaming
Operation;

3.1.8. How the preapproval amount is determined to be consistent with their
credit report the preapproval amount is documented, and the patron is
notified;

3.1.9. The preapproval is granted by a member of the management of the
Gaming Operation that is independent of the patron; and

3.1.10.1. Repayment timeframes not to exceed 90 days from the day of
extension of credit.

3.1.10.2. Any late payment fees, penalties, interest charges, or similar fees
or charges, settlement process and reports, and prohibition of
further credit extension with an unpaid balance.

3.1.10.3. Following applicable federal debt collection laws.

3.1.10.4. Agreeing to the Jamestown S’Klallam Tribal Court for venue and
personal jurisdiction.

3.2. The Tribal Gaming Agency shall forward to the State Gaming Agency a copy of

4.
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approved credit procedures, and any changes to those procedures for review and
concurrence prior to implementation per Section XI of the Compact.

Wagering Limits—Player Terminals.

4.1.

AF
Section 3.2.1(b) of Appendix X2 is amended as to read as follows:

All Scratch Tickets in a particular Game Set shall be of the same purchase price.
which shall not exceed $5.00, with the exception that up to 15 percent of the
Player Terminals in operation may have purchase prices of up to $20.00 per
Ticket. The purchase price for a single ticket may not exceed $30.00, provided
that the minimum and maximum wagers must be visibly displayed on such
machines. A single Ticket may offer an opportunity to enter another Game Set;

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5.
4.2.

4.3
Section 4.1.4 of Appendix X2 is amended to read as follows:

Each On-line Lottery Game may offer more than one method of winning a prize,
and each method may be represented by a separate wager, but each wager may
not exceed $20.00 $30.00. Wagers are deducted from the Game Play Credits
displayed on the Player Terminal.

Section 7.1.10(b) of Appendix X2, “The percentage of Player Terminals offering
wagers between $5.01 and $20,” is stricken.

Facility Limits—Gaming Stations and Player Terminals.

5.1. If this Appendix is implemented, Gaming Station limits are as follows:

The maximum number of Class III Gaming Stations within the Gaming Facilities
combined shall not exceed a total of one hundred twenty-five (125) Gaming
Stations. The Tribe, in its sole discretion, shall determine the allocation of the
125 Gaming Stations between the Gaming Facilities.

Jamestown S’Klallam Tribe – State of Washington Gaming Compact
Appendix F—Limitations on Wagers, Credit, Facilities; Increasing Problem Gaming Resources
and Contributions 4
(1) At the option of the Tribe, one (1) additional Gaming Station (“the nonprofit
station”) for every twenty-five (25) Gaming Stations allowed in a Gaming
Facility. The proceeds from all nonprofit stations shall be dedicated to support
nonprofit and charitable organizations and their activities located within
Clallam County or the State of Washington. For purposes of determining
“proceeds” from a nonprofit station only, proceeds shall mean the pro rata Net
Win of the nonprofit station. The Gaming Code shall require regulations to be
adopted concerning the types of bona fide nonprofit and charitable
organizations or types of projects of such organizations that shall be supported
by a nonprofit station.

(2) The Tribe is required to obtain transfers of a Class III Gaming Station
authorization from another tribe which has entered into a compact with the
State for the use of Class III Gaming Stations, as defined in this Compact for

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any Class III Gaming Stations, except for nonprofit stations, beyond sixty (60)
in total for all Gaming Facilities. The transfer of Class III Gaming Station
authorization from another tribe shall be effectuated through the use of a
“Class III Gaming Station Transfer Agreement” substantially in the form
appended hereto as Appendix D of this Compact.

5.2.
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(3) No more than thirty (30) of the maximum number of one-hundred twenty-five
(125) Gaming Stations authorized above, or 25% of the total Gaming Stations
in operation within a Gaming Facility, whichever is fewer, may be operated
with wager limits greater than $500.

Section 12.2.1 of Appendix X2 is amended to read as follows:

Subject to Section 12.4 below, the Tribe may operate no more than 2,500 3,000
Player Terminals per facility (“Facility Limit”), and no more than a combined

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Player Terminal total (“Total Operating Ceiling”) of 3,000 Player Terminals in its
Gaming Facilities. It is also agreed that upon the effective date of this Appendix,
the Total Operating Ceiling for the Muckleshoot Tribe, Tulalip Tribes, and
Puyallup Tribe shall be 3,500 for each of those three tribes until the third
anniversary of the effective date of this Appendix, at which time it shall increase
to 4,000 for each of those same three tribes. It is further agreed that the Tribe shall
not be entitled as a matter of right to an increase in its Total Operating Ceiling
based on the fact that the Muckleshoot Tribe, the Tulalip Tribes, and the Puyallup
Tribe are entitled under this Appendix to operate up to the separate, higher Total
Operating Ceiling(s) established specifically for them in this Appendix.

6. Contributions.

In order to provide for impacts to local community services that may arise as a result of
the Gaming authorized under the Compact and this Appendix F, if any, the Tribe agrees
to begin accruing funds at the new rates upon the effective date of this Appendix and

6.1. Section 14.6.1 of Appendix X2, is amended to read as follows:

Except in Sections 14.2 and 14.4, as used in Section 14, the term “net win” shall
mean the total amount of Tribal Lottery System revenue after prizes or winnings
have been paid out (i.e., the difference between the amount wagered or played and
the amounts paid to winners) as reported as gaming revenue on the annual audited
financial statements in accordance with Generally Accepted Accounting
Principles (GAAP), less any cost of developing, licensing, or otherwise obtaining
the use of the Tribal Lottery System. In Sections 14.2 and 14.4, the term “net
win” shall mean the total amount of Class III gaming revenue after prizes or
winnings have been paid out (i.e., the difference between the amount wagered or

6.2.
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played and the amounts paid to winners) as reported as gaming revenue on the
annual audited financial statements in accordance with GAAP less any cost of
developing, licensing, or otherwise obtaining the use of the Class III games;

Section 14.4 of Appendix X2, as previously amended, is replaced in its entirety to

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read as follows:

Problem Gambling. The Tribe shall contribute an amount as described below to
programs for problem gambling education, awareness, prevention, and treatment
for tribal and non-tribal citizens in the State of Washington. Contributions shall be
made to charitable and/or non-profit organizations, or to governmental
organizations which may include the Health Care Authority’s Division of
Behavioral Health and Recovery or a successor agency with expertise in
providing awareness, prevention, education, outreach, treatment, and recovery
support services for problem gambling. Beginning on the Implementation Date

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and until June 30, 2024, the Tribe shall accrue 0.20 percent (0.2%) of the net win
derived from all Class III gaming activities, determined on an annual basis.
Beginning on July 1, 2024, and subsequent fiscal years, the Tribe shall accrue
0.26 percent (0.26%). The percent of net win accrued shall be paid annually
within one year of the close of the Tribe’s fiscal year.

Section 14.2 of Appendix X2 is amended to read as follows:

Charitable Donations. One-half of one percent (0.5%) of the Net Win derived
from Tribal Lottery System all Class III Gaming activities, determined on an
annual basis using the Tribe’s fiscal year, shall be donated to non-tribal bona fide
non-profit and charitable organizations registered with the Secretary of State to
provide services in the State of Washington, unless exempt from such registration
by the Secretary of State.

Compact Section III

F. Community Contribution
(1) The Tribe recognizes that activities directly and indirectly
associated with the operation of its Gaming Facilities may impact
Local Law Enforcement Agencies, emergency services, and other
services and place an increased burden on them. The Tribe hereby
agrees to establish an Impact Mitigation Fund for purposes of
providing assistance to impacted non-Tribal Law Enforcement,
emergency services, and/or service agencies (including those agencies
responsible for traffic and transportation, as well as those that provide

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services to support problem or pathological gambling) showing
demonstrated impacts by the Class III Gaming Facilities. The Tribe
agrees to withhold and disburse up to two percent (2.0%) one and
three quarters of one percent (1.75%) of the Net Win from Gaming
Stations within the Gaming Facilities, except as otherwise excluded

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Appendix X2
under the provisions of this Compact, for the Impact Mitigation Fund.
Except as provided in Appendix X2, Section 14.1, no Tribal Lottery
System activity revenues, proceeds from a nonprofit station as
authorized under Section III.I, Class II gaming revenues, or non-
gaming revenues, such as, but not limited to, food, beverage,
wholesale or retail sales, shall be included, with the two percent
(2.0%) one and three quarters of one percent (1.75%) as set forth in
this section.

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7.
14.1 Impact Costs. Up to one-half of one percent (0.5%) six tenths of one
percent (0.6%) of the net win derived from Tribal Lottery System
activities, determined on an annual basis using the Tribe’s fiscal year,
shall be added to any amounts payable and distributable from other
Class III activities under the Compact in order to meet community
impacts, to the extent such Compact amounts are insufficient to meet
actual and demonstrated impact costs.

Problem, Pathological, and Responsible Gambling Programs.

7.1. The Tribe agrees to establish an education and awareness program for Tribal
Lands and surrounding communities as required in Compact Section III.F.

7.2. The Tribe and State Gaming Agency recognize the importance of responsible
gambling as part of the shared responsibility to protect the health, welfare, and

7.2.1. Create and maintain a responsible gambling policy that addresses at least
the following areas:

7.2.1.1. Annual training and education for all Gaming Employees to
cover such topics as how to identify problem gamblers, how to
provide assistance when asked, underage prevention, and
unattended children; and

7.2.1.2. Self-exclusion, to cover such topics as the receipt of marketing
materials and access into the facility. Notwithstanding the
foregoing, the Tribe has a policy that any individual self-barring
shall not be readmitted to the Gaming Floor at any time unless

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accompanied by security on the way to and from a restaurant
location.

7.2.2. Provide resources, to include such topics as posting hot line numbers,

AFsignage, educational brochures and materials on how to seek treatment.

7.2.3. Within five (5) years, or as soon as feasible thereafter based on reliable
technological availability, include in the Tribe’s education and awareness
program an interactive responsible gambling application or program for
players; such gambling application or program may be separate and need
not be integrated into the authorized Class III Gaming Activities and other
Gaming Activities.

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Jamestown S’Klallam Tribe – State of Washington Gaming Compact
Appendix F—Limitations on Wagers, Credit, Facilities; Increasing Problem Gaming Resources
and Contributions 8
JAMESTOWN S’KLALLAM TRIBE
and the
STATE OF WASHINGTON
CLASS III GAMING COMPACT

APPENDIX G
ELECTRONIC TABLE GAMES

Table of Contents
SECTION 1. CONDITIONS AND LIMITATIONS ................................................................................ 1
SECTION 2. DEFINITIONS ..................................................................................................................... 1

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SECTION 3. AUTHORIZATION ............................................................................................................. 2
SECTION 4. NUMBER OF GAMING STATIONS ............................................................................... 3
SECTION 5. OPERATION AND REPORTING REQUIREMENTS ................................................... 3

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SECTION 6. APPROVAL OF ELECTRONIC TABLE GAME SYSTEMS....................................... 5
SECTION 7. COMMUNITY CONTRIBUTIONS .................................................................................. 7
SECTION 8. PROBLEM AND RESPONSIBLE GAMING................................................................... 7
SECTION 9. ANTI-MONEY LAUNDERING ......................................................................................... 7

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SECTION 1. CONDITIONS AND LIMITATIONS

This Appendix contains the interrelated concessions, limitations, and agreement of the Tribe and
State with respect to the subject matter addressed herein. Provisions of the Compact and
appendices, as amended (together, the “Compact”), that are not addressed in this Appendix
remain in full force and effect, unless and until they are subsequently amended pursuant to the
processes set forth in the Compact. This Appendix contains interdependent conditions and
consequences that must be accepted as a whole in order to adopt this Appendix.
The Tribe and State agree that, although the Compact and its appendices become effective upon
publication of notice of approval by the Secretary of the Interior of the United States in the
Federal Register in accordance with 25 U.S.C. § 2710(d)(3)(B), the implementation of this
Appendix shall be delayed until any of the provisions herein are implemented by the Tribe
(“Implementation Date”). However, if certain provisions in this Appendix have been

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implemented through another appendix, the delayed implementation shall not apply to those
provisions. The Tribe shall provide at least ten (10) days advance notice to the State prior to
implementation of this Appendix.

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Any provisions of the Compact and Appendices that do not conflict with these standards shall
apply to Electronic Table Games. To the extent they do not conflict, existing Internal Controls,
game rules, and similar documents in effect as of the date of the publication of the Eighth
Amendment remain in full force and effect unless and until they are subsequently modified
pursuant to the process set forth in the Compact.

SECTION 2. DEFINITIONS

The following terms apply to this Appendix. All capitalized terms not defined herein, to the

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extent they do not conflict, shall have the same definitions as in the Compact.

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“Component” means Electronic Table Game Terminals, any dealer interface, the
Electronic Wagering System, and hardware, software, and servers that function
collectively to simulate table game operations and are necessary to operate the Electronic
Table Game System.

“Communal Shoe” means a randomly shuffled and dealt deck or decks of cards, whether
physical or electronic, that removes each card played until the round of play is completed
according to the approved game rules.

“Electronic Table Game” or “ETG” means an electronic version of a Class III table
game.

“Electronic Table Game System” or “ETG System” means a system that utilizes
electronics in connection with the generation, collection, storage, and communication of
game outcome, accounting, and significant event data, including all Components thereof,
to operate Electronic Table Games.

Jamestown S’Klallam Tribe—State of Washington Gaming Compact
Appendix G—Electronic Table Games
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“Electronic Table Game Terminal” or “ETG Terminal” means a computer housed in a
cabinet with input device(s) and video screen(s) where a player may play Electronic
Table Games.

“Electronic Wagering System” means a Component of the ETG System that includes a
computer or server and any related hardware, software or other device that facilitates
patron play at an Electronic Table Game.

SECTION 3. AUTHORIZATION

3.1 The ETG System must be honest, fair, secure, reliable, auditable, and compliant with the
Compact and the standards contained in this Appendix and any related MOU.

3.2 System Conditions. An ETG System is authorized when the ETG System does not allow

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a patron to play a device prohibited by RCW 9.46.0233(1)(b) and RCW 67.70.040(1)(a)
(“Play Against the Machine”). An ETG System does not allow Play Against the Machine
when:

3.2.1

3.2.2

3.2.3
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there is a human dealer involved in the play of the ETG (“Dealer Controlled”); or

the play of the ETG does not involve a human dealer, and the ETG System is
configured for play between two or more patrons against the same roll of dice or
spin of the wheel, or a Communal Shoe of electronic cards (“Non-Dealer
Controlled”); however, only one patron is needed to initiate game play; or

it is a hybrid of Dealer Controlled and Non-Dealer Controlled, provided that any
ETG played as Dealer Controlled follows applicable Dealer-Controlled standards

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3.3
set forth in this Appendix and any ETG offered as Non-Dealer Controlled follows
applicable Non-Dealer Controlled standards set forth in this Appendix.

Specific Games

3.3.1

3.3.2
The Tribe may offer for play an ETG version of any Class III table game
approved in Compact Section IV.B. Pay table or odds offered on an ETG shall be
consistent with game rules as approved in Section XI.C. ETG game rules must be
displayed on each ETG Terminal.

An ETG Terminal may allow for play any other Class III activity as authorized
under the Compact and Appendices, other than the Tribal Lottery System or any
Gaming activity with a limited allocation.

3.3.3 Concurrent play. Patrons may play more than one ETG concurrently using a
single ETG Terminal under the following requirements:

Jamestown S’Klallam Tribe—State of Washington Gaming Compact
Appendix G—Electronic Table Games
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a. An ETG Terminal must display clear information about each ETG available
for play and such information must be available to a patron without the patron
first placing a wager.

b. An ETG Terminal must display each ETG selected for play by the patron.

c. An ETG Terminal must display the decisions and outcomes of play for each
ETG selected by the patron.

d. An ETG may not be added to or removed from an ETG Terminal in use by a
patron.

3.4 Wager Limits. Wager limits for ETGs shall not exceed $500.

3.5

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Electronic Wagering System. An ETG shall be activated with an Electronic Wagering
System that meets the standards described in Section 5.1.2. An ETG Terminal shall not
issue coin or U.S. currency at the conclusion of a patron’s play.

SECTION 4. NUMBER OF GAMING STATIONS

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Every nine (9) ETG Terminals shall constitute one Gaming Station. If the number of ETG
Terminals put into play is not perfectly divisible by nine (9), then any remainder less than nine
(9) will constitute a Gaming Station. For example, if ten (10) ETG Terminals are in operation, it
will constitute two (2) Gaming Stations.

SECTION 5. OPERATION AND REPORTING REQUIREMENTS

5.1. Standards for Operation.

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5.1.1

5.1.2
Any ETG must comply with the standards established by this Appendix and any
applicable provision of the Compact, and must meet or exceed all applicable
standards of Gaming Laboratories International’s Standards GLI-24 (Electronic
Table Game Systems) (“GLI-24”) and GLI-25 (Dealer Controlled Electronic
Table Games), as amended or modified. Any standards that contemplate features
or functionalities of an ETG System that conflict with Section 3 of this Appendix
are not applicable, and such features or functionalities are prohibited.

Any Electronic Wagering System must meet or exceed Gaming Laboratories
International’s Standard GLI-16 (Cashless Systems in Casinos), the standards
established by this Appendix, any applicable provision of the Compact, including
Cashless Transaction System as defined in Appendix X2, and any related MOU.
Provided, any “Cashless Systems in Casinos” that would add money to or take
money from a patron’s account without a cashier or kiosk would require
negotiations in Section XVII.G.

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5.1.3 The Tribal Gaming Agency and the State Gaming Agency may mutually agree in
writing to alternative standards for any ETG System authorized in Section 3 in
lieu of the GLI standards described in Sections 5.1.1 and 5.1.2 above that
maintain the integrity and security of the ETG System.

5.2. Internal controls. Prior to offering ETGs for play, the Tribe must implement Internal
Controls as minimum operating standards to govern the operation and management of the
ETG System.

5.2.1 Initial Internal Controls. The Tribal Gaming Agency shall forward to the State
Gaming Agency its initial Internal Controls for ETG Systems for review and
concurrence. The Tribal Gaming Agency shall detail how the Internal Controls
meet or exceed the requirements described in this Appendix or any related MOU.
The State Gaming Agency concurrence with the Tribal Gaming Agency proposal

T
shall be deemed granted after twenty (20) days of receipt of the Tribal Gaming
Agency proposal if no disapproval in writing is received from the State Gaming
Agency. The State Gaming Agency shall only disapprove such portions of a
proposal it finds would have a material adverse impact on public interest or on the

5.2.2
AF
integrity of ETG System(s) and shall detail the reasons for disapproval. If a
dispute regarding this process cannot be resolved by the Tribal Gaming Agency
and State Gaming Agency within thirty (30) days, the Parties may seek dispute
resolution pursuant to the Compact.

Minimum Requirements. The Internal Controls will address the following, at a
minimum:

a. Description of Gaming Employees who perform essential functions,

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b.

e.
supervisory authority, handling payouts on winning vouchers.

User access controls for ETG personnel;

Segregation of duties;

Procedures for receiving, investigation and responding to patron
complaints;

Accounting and audit procedures;

f. Procedures to ensure the physical security of the ETG Systems, including
key controls and Closed Surveillance System coverage;

g. Procedures to ensure the integrity and security of all sensitive data and
software;

h. Procedures to ensure that access to sensitive data and software is limited to
appropriate personnel;

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i. Procedures to ensure accurate accounting of wagers and payouts;

j. Procedures to ensure the logging of the events and the availability of
records to permit an effective audit of the conduct of the ETG System and
the reporting of revenue;

k. All existing Internal Controls are updated, as necessary, to ensure there are
no conflicts with any Internal Controls governing ETG Systems; and

l. Any other internal controls deemed necessary by the State Gaming
Agency and Tribal Gaming Agency.

5.3. Required Reports. Reports necessary to record information as deemed necessary by the
Tribal Gaming Agency or as required by Internal Controls must be generated. These
reports may include, but are not limited to, all applicable reports as outlined in

5.4.
Section 2.21 of GLI-24.
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Training. A manufacturer’s prototype (e.g., test cart) of the version of the ETG System
that will be installed at the Gaming Facility will be delivered to the State Gaming Agency

AF
for training purposes prior to field testing. The State Gaming Agency will collaborate
with the Tribal Gaming Agency to provide additional training opportunities related to
ETG Systems. The Tribal Gaming Agency and the State Gaming Agency may mutually
agree to an alternative to a prototype.

SECTION 6. APPROVAL OF ELECTRONIC TABLE GAME SYSTEMS

6.1. Purpose. The general purpose of testing an ETG System pursuant to this Section 6 is to
determine the compliance of the ETG System with this Appendix and any applicable
MOU(s).

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6.2.

R
Independent Test Laboratory (ITL) Testing for ETG System, Upgrades, and New
Equipment; Modifications.

6.2.1

6.2.2
ITL Requirement. Each new or upgraded ETG System may be offered for play
only if it has been tested and certified as meeting the applicable standards of this
Appendix and any related MOU by an ITL selected by the Tribe from SGA’s
approved ITL list.

ITL Reports and Certification. At the conclusion of testing, the ITL shall provide
to the Tribal Gaming Agency and the State Gaming Agency its certification and
supporting documentation. If the ITL provides sufficient documentation that the
ETG System or relevant Component has been tested and certified by that ITL in
any other jurisdiction and it meets the requirements of this Appendix, without any
subsequent modifications, that shall be sufficient to satisfy this requirement.

6.2.3 Modifications. No substantive modification to any ETG System may be made
after testing, certification, and approval without certification of the modification
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by an ITL. The following modifications are not considered substantive and do not
require ITL certification or notification to the State Gaming Agency: (a) changes
to content not related to any regulated feature; (b) adding or removing users;
(c) any system configuration changes that have no impact on the accuracy of
report information including gaming revenue; and (d) minor modifications to
hardware.

6.3. Field Testing for ETG Systems.

6.3.1 A new ETG System may only be offered for play subject to field testing at the
Tribe’s Gaming Facility as described below.

6.3.2 The terms, conditions, criteria, and objectives for each ETG System to be field
tested must be jointly agreed to by TGA and SGA in writing prior to field testing
and must include at least:

a. T
The requirements and standards that must be met to determine successful
field testing.

e.
AFThe number of ETG Terminals to be included in the field test.

The demarcation of the testing area of the gaming floor and necessary
signage.

The appropriate length of the testing period.

Identification of who will receive updates, how the updates will be sent,
and when they will be sent.

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6.3.3 Approval.

a. After a minimum of thirty (30) days of active operation of field testing
free of substantial errors, the Tribal Gaming Agency and State Gaming
Agency may end field testing and approve the ETG System if the final
joint field testing report provides, at a minimum, the details of testing, any
issues identified, the resolution of those issues, and overall performance
and compliance of the ETG System with applicable standards.

b. The ETG System shall be deemed approved after ninety (90) days of
active operation unless disapproved in writing by the Tribal Gaming
Agency or State Gaming Agency detailing the reasons for disapproval.

c. Field testing may be suspended by the Tribal Gaming Agency, State
Gaming Agency, or the manufacturer at any time for non-compliance.

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Once the Tribal Gaming Agency and State Gaming Agency agree the non-
compliance issue is resolved, field testing may resume.

6.4. Implementation of Approved ETG by another tribe. The Tribe may conduct their own
field testing period as outlined above or, once field testing is completed for another tribe,
the Tribe may rely on that testing for approval when its ETG System is the same and
configured in the same way.

SECTION 7. COMMUNITY CONTRIBUTIONS

“Net Win from Gaming Stations” as used in Section III.F of the Compact shall include Net Win
from ETGs.

SECTION 8. PROBLEM AND RESPONSIBLE GAMING

8.1
T
Monetary Contribution. Section 14.4 of Appendix X2, as previously amended, is replaced
in its entirety to read as follows:

AF
Problem Gambling. The Tribe shall contribute an amount as described below to programs
for problem gambling education, awareness, prevention, and treatment for tribal and non-
tribal citizens in the State of Washington. Contributions shall be made to charitable
and/or non-profit organizations, or to governmental organizations which may include the
Health Care Authority’s Division of Behavioral Health and Recovery or a successor
agency with expertise in providing awareness, prevention, education, outreach, treatment,
and recovery support services for problem gambling. Beginning on the Implementation
Date and until June 30, 2024, the Tribe shall accrue 0.20 percent (0.2%) of the net win
derived from all Class III gaming activities, determined on an annual basis. Beginning on

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8.2
July 1, 2024, and subsequent fiscal years, the Tribe shall accrue 0.26 percent (0.26%).
The percent of net win accrued shall be paid annually within one year of the close of the
Tribe’s fiscal year.

Commitment to Responsible Gaming. The Tribe and State Gaming Agency recognize
the importance of responsible gambling as part of the shared responsibility to protect the
health, welfare, and safety of the citizens of the Tribe and of the State. In addition to the
requirements of Appendix S, Section 8, the Tribe agrees to display a commitment to
responsible gambling and a link to the Gaming Operation’s responsible gambling policy
on each ETG Terminal.

SECTION 9. ANTI-MONEY LAUNDERING

The Tribe’s Internal Controls will describe how the Tribe will comply with applicable federal
requirements including requirements imposed by the Federal Trade Commission (FTC), Office
of the Comptroller of the Currency (OCC), Financial Crimes Enforcement Network (FinCEN),
Consumer Financial Protection Bureau (CFPB), Office of Foreign Assets Control (OFAC) and
the US Department of Treasury.
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