and each of its stockholders who hold (directly or indirectly) 10 percent or more of its
issued and outstanding stock; and
(2) a description of any previous experience that each person listed pursuant to subsection
(1) has had with other gaming contracts with Indian Tribes or with the gaming industry
generally, including specifically the name and address of any licensing or regulatory
agency with which such person has had a contract relating to gaming; and
(3) a complete financial statement of each person listed pursuant to subsection (1)
(b) Any person listed pursuant to subsection (a)(1) shall be required to respond to such written or
oral questions that the Commission may propound in accordance with its responsibilities under
this section.
(c) For purposes of this Code, any reference to the management contract described in Section
4.01(a) shall be considered to include all collateral agreements to such contract that relate to
the gaming activity.
(d) After the Commission has given its approval of a management contract, the Commission shall
submit such contract to the National Indian Gaming Commission for its approval.
(1) No such contract shall be valid until the National Indian Gaming Commission has
approved it, provided however, that a person or entity may perform pursuant to the
terms of the management contract on an interim basis pending NIGC approval.
(e) In making the determination to approve management contracts, when the Tribe is submitted
competing bids or proposals involving gaming wherein the bids or proposals will provide
substantially the same return to the Tribe and its membership, the Commission and the Council
shall give preference to Tribal members and cooperative associations of Tribal members over
non-Tribal members.
(1) Further, preference will be given to non-member Indians and cooperative associations of
non-member Indians over non-Indians.
23-4.02 Approval of Management Contracts. The Commission shall approve any management contract
entered into by the Tribe pursuant to this Chapter only if it determines that such contract is in compliance
with the provisions of this Gaming Code, and provides at least:
(a) for adequate accounting procedures that are maintained, and for verifiable financial reports that
are prepared, by or for the Council on a monthly basis;
(b) for access to the daily operations of the gaming to appropriate Tribal officials who shall also
have a right to verify the daily gross revenues and income made from any such Tribal gaming
activity;
(c) for a minimum guaranteed payment to the Tribe that has preference over the retirement of
development and construction costs;
(d) for an agreed ceiling for the repayment of development and construction costs;
(e) for a contract term not to exceed 5 years, except that, upon the request of the Tribe, the
Commission may authorize a contract term that exceeds 5 years but does not exceed 7 years if
the Commission is satisfied that the capital investment required, and the income projections, for
the particular gaming activity require additional time; and
(f) for grounds and mechanisms for terminating such contract, but actual contract termination shall
not require the approval of the Commission.
(g) for preference to Tribal members and non-member Indians in hiring of employees for the
gaming establishment and for provisions that the management contract be subject to the TERO
Code.
23-4.03 Percentage-of-Net-Revenue Fees.
(a) A management contract providing for a fee based upon a percentage of the net revenues of a
Tribal gaming activity may be approved by the Commission if such percentage fee is reasonable
in light of surrounding circumstances.
195
Revised Spokane Law & Order Code, 5/14/2013