Fifth Amendment, Tribal-State Compact for Class III Gaming — Port Gamble S'Klallam Tribe, State of Washington
Summary
The Fifth Amendment to the Tribal-State Compact for Class III Gaming between the Port Gamble S'Klallam Tribe and the State of Washington, with appendices. The amendment text revises the definition of "Gaming Station" to include Electronic Table Games, adds a definition of "Pit", changes Section III.E to provide for two gaming facilities, and adds Appendix F and Appendix G. It states that the Compact and its appendices become effective upon publication of notice of approval by the Secretary of the Interior in the Federal Register. Appendix F sets wager limits up to $5,000 in a High Limit Room and not to exceed $1,000 at High Limit Tables. The final pages of Appendix G, Electronic Table Games, cover problem and responsible gaming.
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
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“Fifth Amendment, Tribal-State Compact for Class III Gaming — Port Gamble S'Klallam Tribe, State of Washington.”
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FIFTH AMENDMENT TO THE TRIBAL-STATE COMPACT
FOR CLASS III GAMING BETWEEN
THE PORT GAMBLE S'KLALLAM TRIBE AND THE STATE OF WASHINGTON
WHEREAS, on January 27, 1995, the State of Washington ("State") and the Port Gamble
S'Klallam Tribe ("Tribe") executed a Class III Gaming Compact ("Compact"), pursuant to the
Indian Gaming Regulatory Act of 1988 ("IGRA"), P.L. 100-407, codified at 25 U.S.C. Section
2701 et. seq, and 18 U.S.C. Sections 1166-1668; and
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WHEREAS, the Class III Gaming Compact executed by the State and the Tribe, as well any
amendments thereto, were approved by the Secretary of the Interior and are in full force and
effect (hereinafter referred to as the "Compact"); and
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WHEREAS, the State and Tribe subsequently conducted additional negotiations in accordance
with the provisions of IGRA and the terms of the Compact; and
WHEREAS, the State and Tribe have agreed to certain changes to the Compact, which the
parties believe will benefit the Tribe and the State, will be fair and protect the members of the
Tribe and the other citizens of the State, and are consistent with the objectives of IGRA,
NOW, THEREFORE, the Compact shall be, and is hereby amended as follows:
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1.
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2.
Compact Section II, F. is amended to read as follows:
F. “Gaming Station” means one conventional, physical Gaming table of the general
size and scope as commonly used in Nevada or Electronic Table Games, subject
to Appendix G.
Compact Section II, is amended to add the definition of “Pit” as follows and the
prior definition of “Pit” in Appendix A, Section 1 is stricken:
X. “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 Gaming Stations by the patrons
located on the outside perimeter of the area.
3. Compact Section III. A. is amended to add:
25. Electronic Table Games, subject to Appendix G.
4. Addition of a Second Facility
Section III.E. is amended as follows:
E. Authorized Gaming Operation and Facilitiesy.
Initially tThe Tribe may establish one Class III gaming operation and two gaming
facilitiesy, to be located on the Port Gamble S'Klallam Tribal Lands, for the
operation of any Class III games authorized pursuant to this Compact.
All references to “facility” in the Compact are amended to reflect the addition of a second
facility. Depending on the context, the term “facility” is replaced with “facilities” or, as
appropriate, the phrase “the facility” is replaced with “a facility” or “each facility.”
5.
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The Compact is hereby amended to add the following appendices:
Appendix F “Limitations on Wagers, Credit, and Facilities; Problem Gaming Resources”,
in the form attached hereto, in its entirety.
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Appendix G “Electronic Table Games”, in the form attached hereto, in its entirety.
The Tribe and State agree that 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).
IN WITNESS WHEREOF, the Port Gamble S’Klallam Tribe and the State of Washington
have executed the Fifth Amendment to the Compact.
DPORT GAMBLE S’KLALLAM TRIBE
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BY: ________________________
AMBER CALDERA
Chair
DATED: ____________________
STATE OF WASHINGTON
BY: ________________________
BOB FERGUSON
Governor
DATED: ____________________
PORT GAMBLE S’KLALLAM TRIBE
and the
STATE OF WASHINGTON
CLASS III GAMING COMPACT
APPENDIX F
LIMITATIONS ON WAGERS, CREDIT, FACILITIES;
PROBLEM GAMING RESOURCES
Table of Contents
1. Conditions and Limitations .................................................................................................. 1
2. Higher Wager Limits at Gaming Stations ............................................................................ 1
3.
4.
5.
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Extension of Credit ............................................................................................................... 3
Wagering Limits—Player Terminals.................................................................................... 4
Facility Limits—Gaming Stations and Player Terminals..................................................... 4
6.
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Responsible Gambling.......................................................................................................... 5
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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
2.
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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
Port Gamble S’Klallam Tribe – State of Washington Gaming Compact
Appendix F—Limitations on Wagers, Credit, Facilities; Problem Gaming Resources 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.I 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.
Port Gamble S’Klallam Tribe – State of Washington Gaming Compact
Appendix F—Limitations on Wagers, Credit, Facilities; Problem Gaming Resources 2
2.4.3. The Gaming Operation must follow the requirements of Title 31 (money
laundering).
3. Extension of Credit
3.1. Notwithstanding Section III.F 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
Port Gamble S’Klallam Tribe – State of Washington Gaming Compact
Appendix F—Limitations on Wagers, Credit, Facilities; Problem Gaming Resources 3
3.1.10. The repayment and debt collection requirements and notification includes:
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.
3.2. The Tribal Gaming Agency shall forward to the State Gaming Agency a copy of
approved credit procedures, and any changes to those procedures for review
and concurrence prior to implementation per Section X of the Compact.
4. Wagering Limits—Player Terminals.
4.1. T
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.
4.2.
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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;
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,
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5.
4.3
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.
Port Gamble S’Klallam Tribe – State of Washington Gaming Compact
Appendix F—Limitations on Wagers, Credit, Facilities; Problem Gaming Resources 4
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
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. 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
Player Terminal total (“Total Operating Ceiling”) of 3,000 Player Terminals in its
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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
6.
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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.
Responsible Gambling
The Tribe and State Gaming Agency recognize the importance of responsible gambling as
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part of the shared responsibility to protect the health, welfare, and safety of the citizens of
the Tribe and of the State. As part of that responsibility, the Tribe agrees to:
6.1.
6.2.
Provide complimentary, on-site space for responsible gambling resources and
information; and
Policy. Create and maintain a responsible gambling policy that, at a minimum,
outlines their commitment to responsible gambling, player protection, and
mitigating gambling related harms. The policy shall include information about
how and where to seek treatment; national or local hotline numbers; a description
of self-imposed limits offered by the Gaming Operation, if any; the process for
self-exclusion/barring; and preventing underage individuals from entering the
Gaming Facility.
6.3. Training. Provide annual training and education for all Gaming Employees to
cover how to identify problem gamblers, how to provide assistance when asked,
Port Gamble S’Klallam Tribe – State of Washington Gaming Compact
Appendix F—Limitations on Wagers, Credit, Facilities; Problem Gaming Resources 5
underage gambling prevention; unattended children; the self-exclusion process,
and where to direct patrons to find resources. For management, additional training
shall cover the self-exclusion process and how to initiate the process and the
increased risk of gambling harms that Gaming Employees may face.
6.4. Self-Exclusion. The Tribe shall:
a. Provide the self-exclusion process for patrons to self-exclude themselves from
the Gaming Facility and make that process available on the Gaming Facility’s
website and Player Account applications.
b. Provide local resources and a toll-free number to a patron who self-
excludes/bars so they can seek further assistance.
c. Immediately remove a patron who self-excludes from mailing lists and
promotional and marketing materials, and they will be denied all
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complimentary items while excluded.
d. Consider participating in the State Gaming Agency’s statewide self-exclusion
program.
6.5.
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Commitment to Responsible Gambling.
a. The Gaming Operation will display a commitment to responsible gaming and
a link to the policy, created pursuant to Appendix S, Section 8.3.2, designed to
target patrons at locations such as all public entrances and exits to the
Gambling area, in or near Gambling areas, and in any areas where Cash or
electronic transfer of funds are available to patrons. The Gaming Operation
will more fully describe where signage will be placed in an internal policy, a
copy of which will be provided to the SGA.
b. Each ETG Terminal, Mobile Sports Wagering application and Sports
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Wagering Kiosk will display a commitment to responsible gaming, and a link
to the policy created pursuant to Appendix S, Section 8.3.2. The method of
display will be determined by the Gaming Operation and approved by the
TGA.
c. The Gaming Operation’s advertising and marketing materials will contain a
responsible gaming message and a toll-free help-line for problem gamblers,
where practical or feasible.
d. All direct advertising, marketing, and promotional materials will include a
clear and conspicuous method allowing patrons to unsubscribe from future
advertising, marketing, or promotional communications.
6.6. Class III Gaming website information. The Tribe shall, within 3 clicks from the
main website, make the following responsible gaming and problem gambling
information available on the Class III Gaming Facility website:
Port Gamble S’Klallam Tribe – State of Washington Gaming Compact
Appendix F—Limitations on Wagers, Credit, Facilities; Problem Gaming Resources 6
a. The responsible gaming policy outlined in 1. above,
b. A toll-free problem gambling hotline number,
c. Problem gambling resources,
d. Responsible Gaming information,
e. The Gaming Operations self-barring/exclusion process, and
f. On-line application/form to start the self-barring/exclusion process.
6.7. Self-Imposed Limits.
Within 5 years, or as soon as feasible thereafter, implement 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.
6.8.
6.9.
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The Tribe shall annually certify to the State Gaming Agency in writing compliance
with 6.1-6.7 above by December 31 of each year.
Consider additional ways to address problem gambling behaviors of patrons of the
Gaming Facility in future negotiations
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Port Gamble S’Klallam Tribe – State of Washington Gaming Compact
Appendix F—Limitations on Wagers, Credit, Facilities; Problem Gaming Resources 7
PORT GAMBLE S’KALLAM TRIBE OF INDIANS
and the
STATE OF WASHINGTON
CLASS III GAMING COMPACT
APPENDIX G
ELECTRONIC TABLE GAMES
Table of Contents
SECTION 1. INTRODUCTION................................................................................................................ 1
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SECTION 2. EFFECTIVE DATE ............................................................................................................. 1
SECTION 3. DEFINITIONS ..................................................................................................................... 1
SECTION 4. AUTHORIZATION ............................................................................................................. 2
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SECTION 5. NUMBER OF GAMING STATIONS ................................................................................ 3
SECTION 6. OPERATION AND REPORTING REQUIREMENTS ................................................... 3
SECTION 7. APPROVAL OF ELECTRONIC TABLE GAME SYSTEMS........................................ 5
SECTION 8. PROBLEM AND RESPONSIBLE GAMING................................................................... 6
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SECTION 1. INTRODUCTION
This Appendix G (“Appendix”) describes, authorizes, and sets forth provisions applicable to the
operation of Electronic Table Games. It is the intent of the Parties for the Tribe to operate
Electronic Table Games to enhance the Tribe’s existing Gaming Operation while maintaining the
integrity and security of the Electronic Table Games. This Appendix contains the interrelated
concessions, limitations, and agreement of the Tribe and State with respect to the subject matter
addressed herein that must be accepted as a whole in order to adopt this Appendix.
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 process set forth in the Compact. Provisions of the Compact that do not
conflict with this Appendix shall apply to Electronic Table Games. To the extent they do not
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conflict, existing Internal Controls, game rules, and similar documents in effect as of the date of
the publication of the Fifth Amendment remain in full force and effect, unless and until they are
subsequently amended pursuant to the process set forth in the Compact.
SECTION 2. EFFECTIVE DATE
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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).
SECTION 3. DEFINITIONS
The following terms apply to this Appendix. All capitalized terms not defined herein, to the
extent they do not conflict, have the same meaning as the definitions as in the Compact.
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“Component” means Electronic Table Game Terminals, any dealer interface, the
Electronic Wagering System, 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.
Port Gamble S'Klallam Tribe —State of Washington Gaming Compact
Appendix G—Electronic Table Games -1-
“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 4. AUTHORIZATION
4.1 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.
4.2 ETG System Conditions. An ETG System is authorized when the ETG System does
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not allow 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:
4.2.1 there is a human dealer involved in the play of the ETG (“Dealer
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4.2.2
4.2.3
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-
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Controlled standards set forth in this Appendix and any ETG offered as
Non-Dealer Controlled follows applicable Non-Dealer Controlled
standards set forth in this Appendix.
4.3 Specific Games
4.3.1
4.3.2
The Tribe may offer for play an ETG version of any Class III table game
approved in Compact Section III.A. Pay table or odds offered on an ETG
must be consistent with game rules as approved in Compact
Section X.B.4. 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, other than the Tribal Lottery System or any
Gaming activity with a limited allocation.
4.3.3 Concurrent play. Patrons may play more than one ETG concurrently using
a single ETG Terminal under the following requirements:
4.3.4 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.
Port Gamble S'Klallam Tribe —State of Washington Gaming Compact
Appendix G—Electronic Table Games -2-
4.3.5 An ETG Terminal must display each ETG selected for play by the patron.
4.3.6 An ETG Terminal must display the decisions and outcomes of play for
each ETG selected by the patron.
4.3.7 An ETG may not be added to or removed from an ETG Terminal in use by
a patron.
4.4 Wager Limits. Wager limits for ETGs shall not exceed $500.
4.5 Electronic Wagering System. An ETG shall be activated with an Electronic
Wagering System that meets the standards described in Section 6.1.2 of this
Appendix. An ETG Terminal shall not issue coin or U.S. currency at the conclusion
of a patron’s play.
SECTION 5. 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.
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SECTION 6. OPERATION AND REPORTING REQUIREMENTS
6.1 Standards for Operation.
6.1.1 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
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that conflict with Section 4 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
Compact Section XV.
6.1.3 The Tribal Gaming Agency and the State Gaming Agency may mutually
agree in writing to alternative standards for any ETG System authorized in
Section 4 of this Appendix in lieu of the GLI standards described in
Sections 6.1.1 and 6.1.2 above that maintain the integrity and security of
the ETG System.
Port Gamble S'Klallam Tribe —State of Washington Gaming Compact
Appendix G—Electronic Table Games -3-
6.2 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.
6.2.1 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 per Compact Section X.A.
6.2.2 Minimum Requirements. The Internal Controls will address the following,
at a minimum:
a. Description of Gaming Employees who perform essential
functions, supervisory authority, handling payouts on winning
vouchers.
b. User access controls for ETG personnel;
c.
d.
e.
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Segregation of duties;
Procedures for receiving, investigating, and responding to patron
complaints;
Accounting and audit procedures;
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g.
h.
i.
Procedures to ensure the physical security of the ETG Systems,
including key controls and Closed Surveillance System coverage;
Procedures to ensure the integrity and security of all sensitive data
and software;
Procedures to ensure that access to sensitive data and software is
limited to appropriate personnel;
Procedures to ensure accurate accounting of wagers and payouts;
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j.
k.
l.
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;
All existing Internal Controls are updated, as necessary, to ensure
there are no conflicts with any Internal Controls governing ETG
Systems; and
Any other internal controls deemed necessary by both the State
Gaming Agency and Tribal Gaming Agency.
6.3 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
Section 2.21 of GLI-24.
6.4 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 for training purposes prior to field testing. The State Gaming
Agency will collaborate with the Tribal Gaming Agency to provide additional
Port Gamble S'Klallam Tribe —State of Washington Gaming Compact
Appendix G—Electronic Table Games -4-
training opportunities related to ETG Systems. The Tribal Gaming Agency and the
State Gaming Agency may mutually agree to an alternative to a prototype.
6.5 Technical Revisions. The Parties may mutually agree in writing to revise the
provisions of this Section 6, including revisions to allow alternative technology that
meets the requirements of Section 6.1, provided any revisions adequately
preserve and protect the integrity and security of the ETGs and the interests of the
Tribe and the State to reduce the dangers of unfair or illegal practices.
SECTION 7. APPROVAL OF ELECTRONIC TABLE GAME SYSTEMS
7.1 Purpose. The general purpose of testing an ETG System pursuant to this Section 7 is
to determine the compliance of the ETG System with this Appendix and any
applicable MOU(s).
7.2 Independent Test Laboratory (ITL) Testing for ETG System, Upgrades, and New
Equipment; Modifications.
7.2.1 T
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
7.2.2
AF 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.
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7.2.3 Modifications. No substantive modification to any ETG System may be
made after testing, certification, and approval without certification of the
modification 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.
7.3 Field Testing for ETG Systems.
7.3.1 A new ETG System may only be offered for play subject to field testing at
the Tribe’s Gaming Facility as described below.
7.3.2 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. The requirements and standards that must be met to determine
successful field testing.
Port Gamble S'Klallam Tribe —State of Washington Gaming Compact
Appendix G—Electronic Table Games -5-
b. The number of ETG Terminals to be included in the field test.
c. The demarcation of the testing area of the gaming floor and
necessary signage.
d. The appropriate length of the testing period.
e. Identification of who will receive updates, how the updates will be
sent, and when they will be sent.
7.3.3 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
b. T
resolution of those issues, and overall performance and compliance
of the ETG System with applicable standards.
The ETG System shall be deemed approved after ninety (90) days
of active operation unless disapproved in writing by the Tribal
AF c.
Gaming Agency or State Gaming Agency detailing the reasons for
disapproval.
Field testing may be suspended by the Tribal Gaming Agency,
State Gaming Agency, or the manufacturer at any time for non-
compliance. Once the Tribal Gaming Agency and State Gaming
Agency agree the non-compliance issue is resolved, field testing
may resume.
7.4 Implementation of Approved ETG by another tribe. The Tribe may conduct its own
field-testing period as outlined above, or, once field testing is completed for another
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tribe, the Tribe may rely on that testing for approval when its ETG System is the
same and configured in the same way.
SECTION 8. PROBLEM AND RESPONSIBLE GAMING
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. The State recognizes the Tribe's
efforts to provide responsible gambling awareness and support information on the Gaming
Facility's website, which includes the steps the Tribe has taken to promote responsible gaming,
problem gambling education and awareness information.
To further the commitment to responsible gambling, the Tribe agrees to:
8.1 Display a commitment to responsible gambling and a link to the Gaming Operation's
responsible gambling policy on each ETG Terminal, cashier station, entrance/exit,
TLS Kiosk, and Keno Kiosk, in addition to the requirements of Appendix S, Section
8. The display will be in a manner determined by the Tribe;
Port Gamble S'Klallam Tribe —State of Washington Gaming Compact
Appendix G—Electronic Table Games -6-
8.2 Include responsible gambling information on Class III Gaming marketing and
promotional materials, in a manner determined by the Tribe; and
8.3 Consider additional ways to address problem gambling behaviors of patrons of the
Gaming Facility in future negotiations
T
AF
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Port Gamble S'Klallam Tribe —State of Washington Gaming Compact
Appendix G—Electronic Table Games -7-
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