25.07.010 Definitions
Definitions. Except where otherwise defined in this title, words used will have their commonly understood meaning:
(a) "Applicant" means any person or entity having an application on file with the Commission in connection with any gaming operation.
(b) "Application" means:
(1) All forms and information required by the Commission for issuance of a gaming license; and
(2) Any other registration requirements deemed necessary by the Commission for purposes of vendor certification.
(c) "Charitable gaming" means any authorized gaming conducted by a Turtle Mountain Band of Chippewa Indians organization within the Tribe's Territory and Jurisdiction for the benefit of the general welfare programs or for the benefit of Tribal Members.
(d) "Class I Gaming" is defined in accordance with the IGRA, 25 U.S.C. §2703(6) and means social games solely for prizes of minimal value or traditional forms of Indian gaming engaged in by individuals as part of, or in connection with, tribal ceremonies or celebrations.
(e) "Class II gaming" is defined in accordance with the IGRA, 25 U.S.C. §2703 (7) and means:
(1) The game of chance commonly known as bingo (whether or not electronic, computer, or other technological aids are used in connection therewith):
(A) Which is played for prizes, including monetary prizes, with cards bearing numbers or other designs; and
(B) In which the holder of the card covers such numbers or designs when objects, similarly numbered or designated, are drawn or electronically determined; and
(C) In which the game is won by the first person covering the previously designated arrangement of numbers or designs on such cards, including (if played, in the same location) pull-tabs, lotto, punch boards, tip jars, instant bingo, and other games similar to bingo.
(2) Card games that:
(A) Are explicitly authorized by the laws of the state; or
(B) Are not explicitly prohibited by the laws of the state and are played at any location in the state, but only if such card games are played in conformity with those laws and regulations (if any) of the state regarding hours and periods of operation of such card games or limitations on wagers or pot sizes in such card games.
(f) "Class III gaming" is defined in accordance with the IGRA, 25 U.S.C. §2703 (8) and means all forms of gaming that are not Class I or Class II gaming.
(g) "Collateral agreement" means any contract, whether or not in writing, that is related, either directly or indirectly, to a management contract, or to any rights, duties or obligations created between the Tribe (or any of its members, entities or organizations) and a management contractor or subcontractor (or any person or entity related to a management contractor or subcontractor).
(h) "Commission" or "Gaming Commission" means the Turtle Mountain Band of Chippewa Indians Gaming Commission established pursuant to Sections 13 and 14 of this title.
(i) "Compact" means any Tribal/State Gaming Compact concerning Class III gaming entered into pursuant to the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. § 2710(d).
(j) "Court" means the Turtle Mountain Band of Chippewa Indians Court.
(k) "Executive Manager" or "General Manager" means the individual who has overall responsibility for day-to-day management of operations in a gaming facility.
(l) "Executive session" means the portion of a meeting or hearing not open to the public.
(m) "Ex parte communication" means an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given and in which not all parties subject to the hearing are present, but it will not include requests for status reports on any matter or proceeding covered by this title.
(n) "Fitness" means the state of being qualified or competent to perform a given job function.
(o) "Game" or "Gaming" means any activity in which a person places valuable consideration at risk, based on the outcome of any event concerning chance, skill, speed, strength, endurance, sport, or any combination thereof, wherein an award of value may be granted or lost depending on said outcome.
(p) "Gaming activity" means all activities performed by any person for the purpose of conducting or assisting with the conducting of any game or gaming, including promotions, marketing, or any direct or indirect assistance at the site/facility or remotely. The term "gaming activity" includes such things as marketing, transportation of chips or cash, maintenance or repair of gaming related machinery, but excludes associated commercial activity such as hospitality and retail activity that does not involve the performance of gaming activity (i.e. food and beverage, hotel, gift shop sales, and similar operations).
(q) "Gaming facility" means the building and associated real property within which the Tribe or licensed facility conducts Class II or Class III gaming, but will not include any adjacent or attached non-gaming enterprises such as hotels, retail shops and eating establishments.
(r) "Gaming operation" means an economic entity that is licensed by the Commission to operate Class II or III games, receives revenue, issues the prizes and pays the expenses of operating said Class Il or III games.
(s) "Gaming-related contract" means any agreement under which the licensed gaming facility procures gaming materials, supplies, equipment or services which are unique to the operation of gaming and not common to ordinary tribal operations (such as accounting or legal services); the term includes, but is not limited to:
(1) Management contracts related to Class II or Class III gaming.
(2) Management consultation services regarding the administration, supervision, or training of one or more functions related to Class II or Class III gaming management, activities, or operations.
(3) Contract security services related to Class II or Class III gaming.
(4) Prize payout agreements or annuity contracts related to Class II or III gaming.
(5) Procurement(including lease) of Class II or Class III gaming materials, supplies, equipment or services involving marketing, maintenance or repair of gaming related equipment, tickets and other gaming supplies or materials, the receiving or recording of a player's gaming selections or wagers, and the determination of winners.
(6) Financing of facilities in which gaming is operated, except financing by a state or federally chartered financial institution.
(t) "General Manager" or "Executive Manager" means the individual who has overall responsibility for a gaming operation.
(u) "IGRA" means the Indian Gaming Regulatory Act, Pub. L. 100-497, 25 U.S.C. §2701, et seq., including any amendments thereto. Where appropriate "IGRA" also means regulations duly promulgated by the NIGC under the IGRA, which are valid interpretations of the IGRA.
(v) "License" means a privilege granted for a limited time to a person or entity to perform certain acts; a License will not convey any property or liberty interest to the licensee.
(w) "Management contract" means any contract, subcontract or collateral agreement between the Tribe and a contractor or between a contract and a subcontractor if such contract or agreement provides for the management of all or part of any gaming operation. Management encompasses many activities (e.g., planning, organizing, directing, coordinating, and controlling). The performance of any one of such activities with respect to all or part of a gaming operation constitutes management for the purpose of determining whether any contract or agreement for the performance of such activities is a management contract. A management contract will typically have, but is not limited to, the following types of activities or requirements with respect to the gaming operation: maintenance of adequate accounting procedures and preparation of verifiable financial reports on a monthly basis; payment of a minimum guaranteed amount to the Nat ion; development and construction costs incurred or financed by a party other than the term of contract that establishes an ongoing relationship ; compensation based on percentage fee (performance); and provision for assignment or subcontracting of responsibilities.
(x) "Territory and Jurisdiction" means the area defined in the TMBCI Constitution in Article II.
(y) "Tribe" means the Turtle Mountain Band of Chippewa Indians, any of its subdivisions, enterprises, agencies or instrumentality, subdivisions of such enterprises, agencies or instrumentality, corporations chartered under federal, state, or tribal law which are not wholly owned by any of the foregoing, and authorized officials, agents and representatives of any of the foregoing.
(z) "NIGC" means the National Indian Gaming Commission established pursuant to the IGRA, 25 U.S.C. § 2704.
(aa) "Net revenues" means gross revenues of an Indian gaming operation less amounts paid out as,or paid for prizes and total gaming-related operating expenses excluding management fees.
(bb) Reserved.
(cc) Reserved.
(dd) "Owner or Controlling Person " means:
(1) Any natural person having a direct financial interest in any management contract;
(2) When a trust is a party to a management contract, any beneficiary or trustee;
(3) When a partnership is a party to a management contract, any partner;
(4) When a corporation is a party to a management contract, any person who is an officer or director or who holds at least five percent (5%) of the issued and outstanding stock alone or in combination with another stockholder who is a spouse, parent, child, or sibling; or
(5) With respect to any entity with an interest in a trust, partnership or corporation that has an interest in a management contract, all beneficiaries, trustees, partners, directors or five percent (5%) shareholders of such entities.
(ee) "Person" means any individual and any partnership (general and limited), association, corporation, or other legal entity.
(ff) "Chairman" means the duly elected Chairman of the Turtle Mountain Band of Chippewa Indians.
(gg) "Premises" or "Licensed Premises" means any place, facility, or location on Indian lands at which Class II or Class III gaming is conducted.
(hh) "Primary Management Official" means any person designated as a direct employee of the Tribe or in any management contract as having management responsibility of all or any part of any gaming operation:
(1) Any person who has the authority:
(A) To hire and fire employees of a gaming operation; or
(B) To set up working policy for a gaming operation; or
(2) The chief financial officer or other person who has immediate financial management responsibility for any gaming operation.
(ii) "Quorum" means a majority of the Members of the Gaming Commission and represents the number of Gaming Commission Members who must be present before a decision may be reached by the Gaming Commission. Unless the Tribe passes a Resolution lowering the number of Gaming Commissioners necessary to constitute a quorum, any three (3) Commissioners present at a duly called meeting will constitute a quorum.
(jj) "Relative of or "Directly related to" means any person's spouse or spousal relationship partner, child, sibling, parent, grandparent, or grandchild. For the purpose of this title, this meaning will include relatives by adoption and step-relatives.
(kk) "Respondeat superior" means the doctrine that an employer or supervisor of an employee is responsible for the actions of the employee while the employee works within the scope of employment. The definition of respondeat superior is further limited for purposes of imposing sanctions on supervisors as provided in this title.
(ll) "Suitability" means a standard whereby the Gaming Commission looks to an applicant's, licensee's, or vendor's prior activities, criminal record, if any, or reputation, habits and or associations to determine whether or not these prior actions pose a threat to the public interest or to the effective regulation and control of gaming conducted under this title, or create or enhance the dangers of unsuitable, we1fair, or illegal practices, and methods, and activities in the conduct of such gaming.
(mm) "Treasurer" means the individual designated as the Treasurer of the Turtle Mountain Band of Chippewa Indians.
(nn) "Trial Court" or "Court" means the Turtle Mountain Band of Chippewa Indians' Court.
(oo) "Vendors" means any person or legal entity including, but not limited to: a merchant; retail dealer; supplier; importer; wholesale distributor who transfers property; goods or other services by sale or lease to a gaming facility, whether gaming or nongaming related; provided, that the definition of "Vendor" will not include those above persons or entities who provide entertainment services at a gaming facility or operation.
