§ 3-103 Definitions.
Throughout this chapter the following words have the following definitions:
“Class I gaming” means those gaming activities as defined as Class I gaming in IGRA at 25 U.S.C. § 2703(6) and the NIGC’s regulations at 25 C.F.R. § 502.2.
“Class II gaming” means those gaming activities as defined as Class II gaming in IGRA at 25 U.S.C. § 2703(7) and the NIGC’s regulations at 25 C.F.R. § 502.3.
“Class III gaming” means those gaming activities as defined as Class III gaming in IGRA at 25 U.S.C. § 2703(8) and the NIGC’s regulations at 25 C.F.R. § 502.4.
“Executive Director” means the Executive Director of the Gaming Commission.
“Facility license” means a separate license issued by the Tribe to each place, facility or location on Indian lands where the Tribe elects to allow Class II or Class III gaming.
“FBI” means the Federal Bureau of Investigation, an agency of the United States Department of Justice.
“Financial source” means any person or entity that, directly or indirectly, extends financing to the gaming facility or gaming operation or as otherwise defined under a tribal-state compact.
“Gaming activities” means Class II gaming and Class III gaming conducted on the Tribe’s Indian lands.
“Gaming Authority” means Wilton Rancheria Gaming Authority.
“Gaming Commission” means the Wilton Rancheria Gaming Commission as established herein to perform regulatory oversight and to monitor compliance with tribal, federal, and applicable state regulations.
“Gaming employee” means any natural person who (1) conducts, operates, maintains, repairs, accounts for, or assists in any gaming activities, or is in any way responsible for supervising such gaming activities or persons who conduct, operate, maintain, repair, account for, assist, or supervise any such gaming activities; (2) is in a category under federal or tribal gaming law requiring licensing; (3) is an employee of the Gaming Commission with access to confidential information; or (4) is a person whose employment duties require or authorize access to areas of the gaming facility in which any activities related to gaming activities are conducted but that are not open to the public.
“Gaming facility” means any building in which gaming activities or any gaming operations occur, or in which business records, receipts, or funds of the gaming operation are maintained (excluding off-site facilities primarily dedicated to storage of those records, and financial institutions), and all rooms, buildings, and areas, including hotels, parking lots, and walkways, a principal purpose of which is to serve the activities of the gaming operation and facility rather than providing that operation with an incidental benefit. Nothing herein shall be construed to apply in a manner that does not directly relate to the operation of gaming activities.
“Gaming operation” means each economic entity that is licensed by the Gaming Commission, operates the games, receives the revenues, issues the prizes, and pays the expenses. A gaming operation may be operated by the Tribe or Gaming Authority directly by a management contractor.
“Gaming resources” means any goods or services provided or used in connection with gaming activities, whether exclusively or otherwise, including, but not limited to, equipment, furniture, gaming devices and ancillary equipment, implements of gaming activities such as playing cards, furniture designed primarily for gaming activities, maintenance or security equipment and services, and gaming consulting services. “Gaming resources” does not include professional accounting and legal services.
“Gaming resource supplier” means any person or entity who, directly or indirectly, does, or is deemed likely to, manufacture, distribute, supply, vend, lease, purvey, or otherwise provide to the gaming operation or gaming facility at least twenty-five thousand dollars ($25,000.00) in gaming resources in any consecutive twelve (12) month period, or who, directly or indirectly, receives, or is deemed likely to receive, in connection with the gaming operation or the gaming facility, at least twenty-five thousand dollars ($25,000.00) in any consecutive twelve (12) month period; provided, that the Gaming Commission may exclude a purveyor of equipment or furniture that is not specifically designed for, and is distributed generally for use other than in connection with, gaming activities, if, but for the purveyance, the purveyor is not otherwise a gaming resource supplier as defined herein, the compensation received by the purveyor is not grossly disproportionate to the value of the goods or services provided, and the purveyor is not otherwise a person who exercises a significant influence over the gaming operation.
“IGRA” means the Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq., and any and all regulations promulgated pursuant thereto.
“Indian lands” means:
1. Land within the limits of an Indian reservation; or
2. Land over which an Indian tribe exercises governmental power and that is either:
a. Held in trust by the United States for the benefit of any Indian tribe or individual; or
b. Held by an Indian tribe or individual subject to restriction by the United States against alienation.
“Key employee” means:
1. A person who performs one (1) or more of the following functions: bingo caller, counting room supervisor, chief of security, custodian of gaming supplies or cash, floor manager, pit boss, dealer, croupier, approver of credit or 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 fifty thousand dollars ($50,000.00) per year;
3. If not otherwise included, the four (4) most highly compensated persons in the gaming operations; or
4. Any other person designated by the Tribe as a key employee.
“Licensee” means a tribally owned Class II or Class III gaming operation or a person licensed by the Gaming Commission as a primary management official, key employee, other gaming employee or gaming resource supplier required to be licensed under the provisions of the tribal-state compact or this chapter.
“Management contract” means any contract, subcontract or collateral agreement between the Tribe or Gaming Authority 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.
“Management contractor” means any gaming resource supplier with whom the Tribe or Gaming Authority has contracted for the management of any gaming activities, gaming operation or gaming facility, including, but not limited to, any person or entity that would be regarded as a management contractor under IGRA.
“Net gaming revenues” means gross gaming revenue (win) of the gaming enterprise from gaming activities less all gaming-related operating expenses, excluding the management fee, and less promotional allowances, and less all excluded revenue for such period. It is intended that this provision be consistent with 25 U.S.C. § 2703(9) and 25 C.F.R. § 502.16 as determined in accordance with GAAP consistently applied.
“NIGC” means the National Indian Gaming Commission established pursuant to IGRA, 25 U.S.C. § 2704.
“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;
3. The chief financial officer or other person who has financial management responsibility for the gaming operation; and
4. Any other person designated by the Gaming Commission as a primary management official.
“State” means the state of California.
“State gaming agency” means the entity or entities of the state authorized to investigate, approve, regulate and license gaming pursuant to state law under a tribal-state compact.
“Tribal Council” means the Tribal Council of the Tribe.
“Tribal member” means an enrolled member of the Tribe.
“Tribe” means Wilton Rancheria.
“Tribal-state compact” means an agreement between the Tribe and the state pursuant to 25 U.S.C. § 2710(d)(3) or secretarial procedures pursuant to 25 U.S.C. § 2710(d)(7), which govern the conduct of Class III gaming activities on the Indian lands of the Tribe. (Res. 2019-28)