manufacturers; records and invoices of cigarettes sold; cigarette inventory; and additional records necessary to verify that the retail selling price included the applicable Tribal taxes. (b) All records required to be maintained by Tribal Tribally-Licensed Retailers shall be made available for inspection and duplication by the STCTED, and the 3rd Party Auditor, pursuant to Section 15 of this Title. Legislative History - Adopted 12/04/07, Resolu 2008-071 44-23.07 Tribe. (a) The Tribe shall maintain records necessary to verify that all Tribal tax revenue was used to fund essential government services of the Tribe. (b) All records required to be maintained by Tribe shall be made available for inspection and duplication by the STCTED, and the 3rd Party Auditor, pursuant to Section 15 of this Title. Legislative History - Adopted 12/04/07, Resolu 2008-071 44-23.09 Self-Certified Wholesalers; Self-Certified Tribal Wholesalers; Self-Certified Out of State Wholesalers. (a) Self-Certified Wholesalers, Self-Certified Tribal Wholesalers, and Self-Certified out of State Wholesalers shall maintain records and invoices of stamp purchases, records and invoices of sales of stamped cigarettes, stamp inventory, and the stamping process. (b) All records required to be maintained by Self-Certified Wholesalers, Self-Certified Tribal Wholesalers, and Self-Certified out of State Wholesalers shall be made available for inspection and duplication by the STCTED, and the 3rd Party Auditor, pursuant to Section 15 of this Title. Legislative History - Adopted 12/04/07, Resolu 2008-071 44-23.11 Wholesalers Licensed by the State. (a) Wholesalers licensed by the State are subject to the requirements as set forth in Title 82 RCW and any rules adopted thereunder, and must maintain adequate records detailing which cigarettes are subject to state tax and which cigarettes are subject to the Spokane Tribe of Indians Tribal taxes, as evidenced by the proper stamp and tax rate. (b) All records required to be maintained by Wholesalers licensed by the State shall be made available for inspection and duplication by the STCTED, and the 3rd Party Auditor, pursuant to Section 15 of this Title. Legislative History - Adopted 12/04/07, Resolu 2008-071 Section 44-25 Use of Tribal Cigarette Tax Revenue 44-25.01 Cigarette Tax–Use of Tribal Levy. (a) Tribal cigarette tax revenue shall be used only for essential government services, and may not be used to subsidize Tribal cigarette retailers. (b) For the purposes of this section, “subsidize” means that proceeds from the Tribal cigarette tax pursuant to the Agreement cannot be expended on the enterprise activities of the Tribal retail cigarette business. (c) Where the cigarette business is co-located with a retail food business, the proceeds cannot be expended to support the retail food business. Legislative History - Adopted 12/04/07, Resolu 2008-071 44-25.03 Tribal Retail Cigarette Enterprise Activities. “Tribal Retail Cigarette Enterprise Activities” include paying wages, benefits, bonuses, or expenses related to the maintenance and operation of the retail facility or typically considered to be part of a business’ operating expenses and overhead. Legislative History - Adopted 12/04/07, Resolu 2008-071 44-25.05 Non-Enterprise Activities. Non-Enterprise Activities include, but are not limited to: government services to provide and maintain infrastructure, such as sidewalks, roads, and utilities; governmental administrative services; general governmental services, such as, accounting, human resources, planning, legal; services such as fire protection and law enforcement; the costs of administering deductions and exemptions similar to those available to retailers, wholesalers and others under state law; providing or contracting for health benefits, economic development, natural resource protection and enhancement; the provision of job services; and distribution of moneys related to trust funds, education, and general assistance. 393 Revised Spokane Law & Order Code, 5/14/2013

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