Unless a different meaning is set forth below, the terms used
in this chapter shall have the same meaning as defined in the Indian
Gaming Regulatory Act (IGRA), Public Law 100-497, 102 Stat. 2467 (October
17, 1988), 25 U.S.C. § 2701 et seq., and any regulations
promulgated thereunder.
This Nottawaseppi Huron Band of the Potawatomi Gaming Regulatory
Act, as amended from time to time.
The Gaming Regulatory Agency, subdivision of the Tribe, established under Article IV of this chapter, which is responsible for the direct, day-to-day regulation of gaming establishments under this Act.
Any person, partnership, corporation, joint venture or other
entity applying for, or requesting renewal of, any license required
by this chapter.
A request for the issuance or renewal of a license required
by this chapter.
Monday through Friday.
Social games played solely for prizes of minimal value consistent
with standards prescribed by regulations adopted by the Commission;
or traditional forms of gaming played by individuals in connection
with tribal ceremonies or celebrations, which are played in accordance
with any regulations adopted by the Commission.
Class II gaming as defined in the Indian Gaming Regulatory
Act and any regulations promulgated thereunder, including:
Class III gaming, as defined in the Indian Gaming Regulatory
Act at 25 U.S.C. § 2703(8) and any regulations promulgated
thereunder, including:
Excluding any Class III gaming that is not authorized by the
Compact.
The subdivision of the Tribe established under Article III of this chapter.
The Compact dated February 18, 1999, including all renewals,
amendments, appendices, exhibits and other attachments thereto between
the Nottawaseppi Huron Band of the Potawatomi and the State of Michigan
providing for the conduct of tribal Class III gaming by the Nottawaseppi
Huron Band of the Potawatomi, or any replacement, extension or substitution
therefor.
A service or item provided at no cost, or at a reduced cost,
to a customer of a gaming establishment.
Any person who has the power to direct or cause direction
of the management and policies of the business operations of a supplier
of goods or services as verified by the supplier's ownership
and organization structure described in the documents establishing
the existence of the supplier and the designation of persons authorized
to act on behalf of the supplier. Control shall be presumed for any
person owning shares of a corporation that is not a publicly traded
corporation if that person owns, controls or holds the power to vote
10% or more of the voting securities of a person. Control persons
include members of the board of directors, chief executive officer,
chief operating officer, and any person with the responsibility and
authority to manage the contract on behalf of the supplier with respect
to the gaming goods or services being provided to a gaming operation.
The Tribal Council of the Nottawaseppi Huron Band of the Potawatomi established under Article IV of the Nottawaseppi Huron Band of the Potawatomi Constitution as the lawful governing body of the Tribe.
The plan required to be included with a gaming establishment license application under § 8.5-50 of this chapter.
A person whose name has been added to an exclusion list in accordance with the requirements set forth in § 8.5-98 of this chapter.
The twelve-month period ending on December 31 of each year
for the Tribe, FireKeepers Development Authority and the FireKeepers
Casino Hotel.
Any game of chance, however conducted, operated or played,
that comes within the definition of gaming provided in this section.
Any Class II gaming or Class III gaming activity, either
individually or collectively, whether authorized or unauthorized.
The Nottawaseppi Huron Band of the Potawatomi Gaming Commission
established pursuant to this chapter to regulate gaming within the
jurisdiction of the Tribe.
Any mechanical, electromechanical or electronic equipment,
contrivance, component or machine, whether used remotely or directly
in connection with any gaming, which affects the result of a wager
by determining or predicting the outcome of a game or the odds of
winning or losing a game. The term shall be broadly construed to promote
the purposes of this chapter and shall also include any devices, machines,
components or contrivances which do affect or are capable of affecting,
in any way, the playing of any game.
Any facility or premises where gaming is conducted and includes
all buildings, structures and other appurtenances required for the
operation or maintenance of such facility or used in connection with
such gaming.
Each economic entity that is licensed by the tribe, operates
the games, receives the revenues, issues the prizes, and pays the
expenses. A gaming operation may be operated by the tribe directly;
by a management contractor; or, under certain conditions, by another
person or other entity.
Any services or concessions which directly relate to the
conduct of gaming, security or surveillance at a gaming establishment,
including, without limitation, casino credit reporting services, maintenance
or repair services for gaming equipment or supplies.
The approximately seventy-eight-acre portion of the Nottawaseppi
Huron Band of the Potawatomi tribal lands located in Battle Creek,
Michigan, and held in trust by the United States for the benefit of
the Nottawaseppi Huron Band of the Potawatomi.
The net win from gaming activities which is the difference
between gaming wins and losses before deducting costs and expenses,
such as progressive jackpot liability accruals, customer discounts,
accruals for certain loyalty program costs, and certain other adjustments.
All such adjustments shall be in accordance with the requirements
of GAAP and the American Institute of Certified Public Accountant's
then-current version of the Audit and Accounting Guide for Casinos-Audits
of Casinos.
Public Law 100-497, 102 Stat. 2467, enacted on October 17,
1988, and codified at 25 U.S.C. § 2701 et seq.
The definition that term is given in the Indian Gaming Regulatory
Act at 25 U.S.C. § 2703(4) and any regulations promulgated
thereunder, but as to Class III gaming only, such definition shall
exclude any Indian lands that are not also included within the definition
of "eligible Indian lands" set forth in the Compact.
The risking money or something of monetary value on an online
version of any Class II or Class III gaming game.
A person who performs one or more of the following functions:
Bingo caller;
Counting room supervisor;
Chief of security;
Custodian of gaming equipment or supplies or cash;
Floor manager;
Pit boss;
Dealer;
Croupier;
Approver of credit; or
Custodian of gambling terminals or other devices operated by
the management of any gaming operation, including persons with access
to cash and accounting records for such devices.
If not otherwise included, any other person whose total cash
compensation from employment in any gaming operation exceeds $50,000
per year.
If not otherwise included, the four most highly compensated
persons in any gaming operation.
Any other employee of any gaming operation that the Commission
designates by Commission regulations as a "key employee."
Any authorization granted by the Commission pursuant to this
chapter to any person, which is required for such person to perform
certain acts or engage in certain activities. The issuance of a license
shall not create a property or liberty interest in such.
Any person who has been issued a valid and current license
pursuant to the provisions of this chapter.
Any contract, subcontract, or collateral agreement between
the Tribe and a contractor or between a contractor and a subcontractor
if such contract or agreement provides for the management of all or
part of a gaming operation.
Any person to whom managerial responsibilities in or for
any gaming operation has been delegated under a management contract.
Any monies paid by a gaming operation from gaming revenue
to any person pursuant to a management contract, but excluding monies
permitted under the management contract to be paid to the management
contractor as reimbursement for development advances, operating expenses,
capital replacement costs, or in fulfillment of other obligations
of such gaming operation.
Gross gaming revenue of a gaming operation less:
The National Indian Gaming Commission.
Also referred to as an "internet game," any Class II or Class
III game that is offered for play through the internet in which an
individual wagers money or something of monetary value for the opportunity
to win money or something of monetary value. The online version of
any Class II or Class III game includes gaming tournaments conducted
via the internet in which individuals compete against one another
in one or more Class II or Class III games.
Any expense incurred in the operation of gaming that is specifically
designated as an operating expense in any management contract or which
otherwise is so treated by application of generally accepted accounting
principles.
Any natural person who participates in gaming as a customer
or who is physically present on the premises where gaming is conducted
as a customer of the gaming establishment.
Any business, proprietorship, association, partnership, syndicate,
corporation, firm, joint venture, trust or other form of business
association or entity, labor organization, state, local government,
government instrumentality or entity, as well as a natural person.
When a person is a party to a management contract, any person
having a direct financial interest in such management contract;
When a trust is a party to a management contract, any beneficiary
or trustee;
When a partnership is a party to a management contract, any
partner;
When a corporation is a party to a management contract, any
person who is a director or who holds at least 5% of the issued and
outstanding stock alone or in combination with another stockholder
who is a spouse, parent, child or sibling when the corporation is
publicly traded or the top 10 shareholders for a privately held corporation;
When an entity other than a natural person has an interest in
a trust, partnership or corporation that has an interest in a management
contract, all parties of that entity are deemed to be a person having
a direct financial interest in a management contract; or
Any person or entity who will receive a portion of the direct
or indirect interest of any person or entity listed above through
attribution, grant, pledge, or gift.
The person designated by the management contract as having
management responsibility for the gaming operation or a portion thereof.
Any person having management responsibility over all or any
part of any gaming operation.
The chief financial officer or other person who has financial
management responsibility for any gaming operation.
Any person with management responsibility for a management contract.
Any person the Commission designates by Commission regulations
as a "primary management official."
Any regulations promulgated by the Commission pursuant to
this chapter.
All lands, the title to which is held in trust by the United
States for the benefit of the Nottawaseppi Huron Band of the Potawatomi;
and
All lands proclaimed by the Secretary of the Interior to be
part of the Tribe's Reservation. The term "Reservation" includes
any rights-of-way running through the Reservation.
The Secretary of the United States Department of the Interior.
Games conducted in connection with tribal community celebrations,
pow-wows or tribal-government-sponsored fundraising activities, in
which the total value of prizes awarded during any single event does
not exceed $1,000.
Any person who manufactures, sells, leases, distributes or
supplies any gaming equipment or supplies, and any person that provides
maintenance or repair services for any gaming equipment.
The duly elected Chairperson of the Tribal Council.
The Nottawaseppi Huron Band of the Potawatomi Tribal Court.
Refers to the Nottawaseppi Huron Band of the Potawatomi.
