Section GMG.01.04 — Definitions

In this Ordinance, except where otherwise specifically provided or where the context otherwise requires, the following terms and expressions shall have the following meanings:

(a) "Ancillary Facility" means any non-gaming facility attached to or related to the Gaming Facility, such as a retail shop, restaurant, hotel, campground or other supporting facilities under the control of the General Manager. Ancillary Facilities are subject to regulation by the Stockbridge-Munsee Community, but are not gaming activities subject to regulation under the Indian Gaming Regulatory Act, the Tribal/State Gaming Compact, or by the Gaming Commission.

(b) "Barring Offense" means convictions or circumstances pertaining to an individual or a vendor that prevents them from obtaining or retaining an employee gaming or vendor license, more fully described in the licensing sections of this Ordinance particularly the Standards of Denial of a Primary Gaming License at Section GMG.01.15(j).

(c) "Cheating" means operating or playing any game in a manner in violation of the written or commonly understood rules of the game, with the intent to create for oneself or for someone in privity with one an advantage over and above the chance of the game, and is subject to civil and administrative penalties consistent with this Ordinance.

(d) "Class II gaming" means:

(1) The game of chance commonly known as bingo (whether or not electronic, computer or other technologic aids are used in connection therewith):

(A) Which is played for prizes, including monetary prizes, with cards bearing numbers or other designations,

(B) In which the holder of the card covers such numbers or designations when objects, similarly numbered or designated, are drawn or electronically determined, and

(C) In which the game is won by the first person covering a previously designated arrangement of numbers or designations on such cards, including (if played in same location) pull-tabs, lotto, punch boards, tip jars, instant bingo and other games similar to bingo, and

(2) Non-Banking 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 or periods of operation of such card games or limitations on wagers or pot sizes in such card games. Class II gaming does not include any banking card games, including baccarat, chemin de fer, or blackjack (21), or electronic or electromechanical facsimiles of any game of chance or slot machines of any kind.

(e) "Class III gaming" means all forms of gaming that are not Class I gaming or Class II gaming, and for purposes of Stockbridge-Munsee Gaming facilities, any of the Class III games permitted by a Tribal/State Compact entered into by the Tribe with a state.

(f) "Compact" means a gaming compact between the Tribe and the State of Wisconsin, or such other state as might apply, authorized by the Indian Gaming Regulatory Act.

(g) "Compliance Department" means an investigative entity created by the Tribal Council to conduct background investigations for the tribal gaming licensing process, and other investigations as directed by Council. The Compliance Department is deemed to be an agent of the Commission while carrying out its investigative activities for licensing purpose and while conducting any other duties at the request of the Commission

(h) "Council" or "Tribal Council" means the duly elected governing body of the Stockbridge-Munsee Tribe.

(i) "Fraud" means intentional deception resulting in an injury to another. Included in this definition, but not limited to, are those crimes and misdemeanors involving bad check writing, embezzlement, insurance fraud and welfare fraud.

(j) "Gaming Commission" means the Mohican Gaming Commission as established pursuant to this Ordinance.

(k) "Gaming Enterprise" or "Gaming Facility" means the Mohican North Star Gaming and Resort, and any other tribal gaming facility in Wisconsin that shall be operated by the Tribe, pursuant to its Constitution, adopted under Section 16 of the Indian Reorganization Act. No tribal gaming enterprises are nor shall be organized under the Federal Corporate Charter.

(l) "Gaming Operator" means the Stockbridge-Munsee Community, represented by the duly elected Tribal Council, or any entity licensed by the Commission to operate gaming facilities for the Stockbridge-Munsee Community.

(m) "Gaming Related Contract" means any agreement under which the Tribe procures for gaming any materials, supplies, equipment or services that are unique to the operation of gaming and not common to ordinary tribal operations, consistent with the Tribal/State Compact.

(n) "Gaming Related Contractor" means any contractor, service provider or vendor, individual or entity, that provides gaming materials, supplies, equipment or services that are unique to the operation of gaming and not common to ordinary Tribal operations.

(o) "Gaming Services Vendor" see "Gaming Related Contractor."

(p) "General Manager" or "Manager" is a Tribal Council hired position responsible for managing the day-to-day business of a tribal gaming enterprise. Each gaming facility shall have a General Manager.

(q) "Gross Gaming Proceeds" means any money collected or received from any gaming activity.

(r) "Gaming Management Contract" means 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.

(s) "IGRA" refers to the Indian Gaming Regulatory Act, Public Law 100-497, 102 Stat. 2426, 25 U.S.C. Section 2710, et. seq. (1988), as amended.

(t) "Key Employee" for the purposes of this Ordinance means any person employed by a Gaming Facility, but shall not include any person employed by an Ancillary Facility. This definition includes the following employees:

(1) Employees who perform one or more of the following functions:

(A) Bingo caller and Bingo Department personnel;

(B) Slot Department personnel;

(D) All surveillance officers;

(E) Custodian of gaming supplies or gaming cash, including Cage/Vault personnel;

(F) Pit boss;

(G) Table games dealer and personnel;

(H) Casino hosts;

(I) Custodian of gambling devices including persons with access to gaming cash and accounting records within such devices (including Finance, Count, and Slots personnel);

(J) Floor Manager and other gaming directors or gaming managers;

(K) Croupier; and

(L) Count room supervisor.

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

(3) If not otherwise included, any person with supervisory authority over key employees;

(4) If not otherwise included, any employee with access to gaming supplies, gaming cash, confidential records, confidential reports, or other confidential information about the Gaming Facility or key employees; and

(5) If not otherwise included, any other person identified by the Tribe as a key employee.

(u) "NIGC" refers to the federal National Indian Gaming Commission.

(v) "Net Gaming Revenues" for purposes of this Gaming Ordinance and as consistent with the definition in IGRA, means gross gaming revenues of an Indian gaming activity less amounts paid out as, or paid for, prizes and total operating expenses, excluding management fees.

(w) "Primary Gaming License" means a permanent gaming license subject to the renewal requirements, revocation/suspension provisions, and administrative penalties of this Ordinance.

(x) "Primary Gaming Management Official" means:

(1) The person having Gaming management responsibility for a Gaming management contract;

(2) Any person who has authority over gaming;

(A) To hire and fire key employees, or

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

(3) The chief financial officer or other person who has financial management responsibility; or

(4) The four (4) most highly compensated employees at the Gaming Facility.

(y) "Provisional Gaming License" means the "temporary gaming license" issued to a key employee by the Commission pursuant to Section GMG.01.15(f) of this Ordinance.

(z) "Suitable" means if a person, through a background investigation is determined by the Commission to be a person whose prior activities, criminal record if any, or reputation, habits, and associations do not pose a threat to the public interest or to the effective regulation of gaming, or create or enhance the dangers of unobjectionable, unfair, or illegal practices, methods, and activities in the conduct of gaming or the carrying on of the gaming business and financial arrangements incidental thereto or means that an individual or vendor has met the requirements set forth by the Commission to obtain or retain an employee gaming or vendor license.

(aa) "Tribe" means the Stockbridge-Munsee Community, a federally recognized Indian Tribe acting through a duly elected Tribal Council pursuant to the tribal constitution, unless the context clearly indicates a general meaning.

(bb) "Tribal Court" means the Stockbridge-Munsee Tribal Court system.

(cc) "Tribal Lands" means:

(1) all lands within the limits of any Indian reservation; and

(2) any lands title to which is either held in trust by the United States for the benefit of any Indian tribe or individual subject to restriction by the United States against alienation and over which an Indian tribe exercises governmental power.

(dd) "Tribal Gaming Waiver" means a waiver issued by the Tribal Council pursuant to the Tribal Gaming Waiver Policy.

(ee) "Tribal Gaming Waiver Policy" means that policy approved by the Tribal Council and implemented by the Mohican Gaming Commission and the Compliance Department, that waives a gaming applicant's criminal conviction(s) that would otherwise act as a bar to obtaining or retaining an employee gaming license.