9.01.040 Definitions

The following terms, wherever used or referred to in this chapter, shall have the following respective meanings, unless a different meaning clearly appears from the context:

(a) Class I gaming means:

(1) Social games played solely for prizes of minimal value; or

(2) Traditional forms of Tribal gaming when played by individuals in connection with tribal ceremonies or celebrations.

(b) Class II gaming means:

(1) Bingo or lotto (whether or not electronic, computer or other technologic aids are used) when players:

(A) Play for prizes with cards bearing numbers or other designations;

(B) Cover numbers or designations when objects, similarly numbered or designated, are drawn, or electronically determined; and

(C) Win the game by being the first person to cover a designated pattern on such cards;

(D) Pull-tabs, punch boards, tip jars, instant bingo, and other games similar to bingo, if played in the same location as bingo or lotto;

(2) Non-banking card games that:

(A) State law explicitly authorizes, or does not explicitly prohibit, and are played legally anywhere in the state; and

(B) Players play in conformity with state laws and regulations concerning hours, periods of operation, and limitations on wagers and pot sizes;

(3) Card games played in the states of Michigan, North Dakota, South Dakota, or Washington, if: a. A tribe actually operates the same card games as played on or before May 1, 1988, as determined by the NIGC Chair; and b. The pot and wager limits remain the same as on or before May 1, 1988, as determined by the NIGC Chair;

(4) Individually owned class II gaming operations:

(A) That were operating on September 1, 1986;

(B) That meet the requirements of 25 U.S.C. § 2710 (b) (4) (B);

(C) Where the nature and scope of the game remains as it was on October 17, 1988; and

(D) Where the ownership interest or interests are the same as on October 17, 1988

(c) Class III gaming means all forms of gaming that are not class I or class II gaming, including, but not limited to:

(1) Any house banking game, including but not limited to:

(A) Card games such as baccarat, chemin de fer, blackjack (21), and pai gow (if played as house-banking games); and

(B) Casino games such as roulette, craps, and keno;

(2) Any slot machines, as defined in 15 U.S.C. § 1711 (a) (1), and electronic or electromechanical facsimiles of any game of chance;

(3) Any sports betting and pari-mutuel wagering, including but not limited to, wagering on horse racing, dog racing or jai alai; or

(4) Lotteries.

(d) Compact means an agreement between a Tribe and State about Class III gaming under 25 U.S.C. § 2710 (d).

(e) Enterprise shall have the meaning set forth in Section 2 (f) of the Compact.

(f) Executive Director means the Executive Director of the Saint Regis Mohawk Tribal Gaming Commission.

(g) Facility License means a separate license by the Tribe to each place, facility, or location on Tribal lands where the Tribe elects to allow Class II or Class III gaming.

(h) Gaming employee means any natural person employed in the operation or management of Class II or Class III gaming authorized by this chapter or as defined in Section 2 (g) of the Compact, whether employed by the Tribe or by any enterprise or management contractor providing on-site services to the Tribe within a Class II or Class III gaming facility.

(i) Gaming facility means any place, facility or location in which Class II or Class II gaming is conducted on Tribal land.

(j) Gaming operation means any business or activity operated by or for the Tribe on Tribal lands for the purpose of conducting any form of Class II or Class III gaming in any Class II or Class III gaming facility.

(k) Gaming service shall have the meaning set forth in Section 2 (k) of the Compact.

(l) IGRA means the Indian Gaming Regulatory Act; Pub. L. 100-497, 102 Stat. 2467, codified at 25 U.S.C. §§ 2701-21 and 18 U.S.C. §§ 1166-68.

(m) Key employee means:

(1) A person who performs one or more of the following functions:

(A) Bingo caller;

(B) Counting room supervisor;

(C) Chief of Security;

(D) Custodian of gaming supplies or cash;

(E) Floor manager;

(F) Pit boss

(G) Dealer;

(H) Croupier;

(I) Approver of credit; or

(J) Custodian of gambling devices, including persons with access to cash and accounting records within such devices;

(2) If not otherwise included, any other person whose total cash compensation is in excess of $50,000 per year;

(3) If not otherwise included, the four most highly compensated persons in the gaming operation; or

(4) Any other person designated by the Commission as a key employee.

(n) Licensee means a tribally owned Class II or Class II gaming operation or a person licensed by the Tribal Gaming Commission as a primary management official, key employee, or other gaming employee under the provisions of this chapter.

(o) Licensing means the permission to be employed in or operate a tribally-owned gaming operation and includes the suspension or revocation of that permission for cause.

(p) Management Contract means any contract, subcontract, or collateral agreement between a 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.

(q) Net revenues mean the gross revenues of a Tribal gaming operation less:

(1) Amount paid out as, or paid for, prizes; and

(2) Total gaming-related operating expenses, including all those expenses of the gaming operation commonly known as operation expense and non-operating expenses consistent with professional accounting pronouncements, excluding management fees.

(r) Ordinance means this Saint Regis Mohawk Tribal Gaming Ordinance.

(s) Primary Management Official means:

(1) The person(s) having management responsibility for a management contract.

(2) Any person who has authority:

(A) To hire and fire employees; or

(B) To set up working policy for the gaming operation; or

(C) The chief financial officer or other person who has financial management responsibility.

(D) Any other person designated by the Commission as a primary management official.

(t) Saint Regis Mohawk Tribal Gaming Commission or Commission means the Tribal Gaming Commission established pursuant to IGRA; which is the same as the Tribal Gaming Agency or Commission as defined in Section 2 (s) of the Compact. The Commission is established to perform regulatory oversight and to monitor with tribal, federal, and state regulations.

(u) Saint Regis Mohawk Tribal Gaming Commissioner means a Tribal Gaming Commissioner.

(v) State shall mean the State of New York.

(w) Tribal Council means the official governmental body of the Saint Regis Mohawk Tribe recognized by the United States federal government as the governmental body of the Tribe.

(x) Tribal lands mean:

(1) Land with the limits of Tribal reservation; or

(2) Land over which the Tribe exercises governmental power and that is either;

(A) Held in trust by the United State for the benefit of any Tribe or individual; or

(B) Held by the Tribe or individual subject to restriction by the United States against alienation.

(y) Tribe means the Saint Regis Mohawk Tribe.