13-2-101. DEFINITIONS.

Unless a different meaning is clearly indicated in this Ordinance, the terms used herein shall have the same meaning as defined in the Indian Gaming Regulatory Act (ICRA), 25 U.S.C. § 2701 et seq., and its regulation, 25 C.F.R. § 500 et seq. Specifically:

  1. “Board of directors” means the Tribal Gaming Board of Directors, who shall serve as primary management officials who shall work closely with the General Manager in the development of policies governing the management aspects of the Tribally-owned gaming operation(s).
  2. “Class I gaming” 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.
  3. “Class II gaming” has the definition as laid out in 25 U.S.C. § 2703 (7) (A) and means:
    1. The game of chance commonly known as bingo (whether or not electric), computer, or other technologic aids are used in connection therewith):
      1. which is played for prizes, including monetary prizes, with cards bearing numbers or other designations,
      2. in which the holder of the card covers such numbers or designations when objects, similarly numbered or designated, are drawn or electronically determined, and
      3. 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 the same location) pull-tabs, lotto, punch boards, tip jars, instant bingo, and other games similar to bingo, and
    2. Card games that;
      1. are explicitly authorized by the laws of the State, or
      2. 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.
    3. The term “class II gaming” does not include:
      1. any banking card games, including baccarat, chemin de fer, or blackjack (21), or
      2. electronic or electromechanical facsimiles of any game of chance or slot machines of any kind.
  4. “Class III gaming” means all forms of gaming that are not class I gaming or class II gaming.
  5. “Commission” means the Tribal Gaming Commission established to perform regulatory oversight and to monitor compliance with Tribal, Federal, and applicable State regulations.
  6. “Commissioner” means a Tribal Gaming Commissioner.
  7. “Compact” means a Tribal-State Compact concerning class III gaming approved pursuant to 25 U.S.C. § 2710 (d).
  8. “Complimentary” means a service or item provided at no cost, or at a reduced cost, to a customer.
  9. “Directly related to” means a spouse, common law partner, sibling, child, parent, grandparent, grandchild, brother-in-law, sister-in-law, mother-in-law and father-in-law.
  10. “Director” means a Member of the Tribal Gaming Board of Directors.
  11. “Indian 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 or held by any Indian Tribe or individual subject to restriction by the United States against alienation and over which an Indian Tribe exercises governmental power.
  12. “Indian tribe” means the Rosebud Sioux Tribe.
  13. “Key employee” means:
    1. A person who performs one or more of the following functions:
      1. bingo caller;
      2. counting room supervisor;
      3. chief of security;
      4. custodian of gaming supplies or cash;
      5. floor manager
      6. pit boss
      7. dealer
      8. croupier
      9. approver of credit; or
      10. custodian of gambling devices including person 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; or
    3. If not otherwise included, the four most highly compensated persons in the gaming operation.
  14. “Net revenues” means gross gaming revenues of an Indian gaming operation less:
    1. Amounts paid out as, or paid for, prizes; and
    2. Total gaming-related operating expenses, excluding management fees.
  15. “Per capita payment” means the distribution of money or other thing of value of all members of the Tribe, or to identified groups of members, which is paid directly from the net revenues of any tribal gaming activity.
  16. “Primary management official” means:
    1. The person(s) having management responsibility for a management contract;
    2. Any person who has authority:
      1. to hire and fire employees; or
      2. to set up working policy for the gaming operation; or
    3. The chief financial officer or other person who has financial management responsibility.
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