CMP.1.2.010 General Definitions

Any term not defined in this section shall be given its ordinary meaning. The following terms, wherever used in this ordinance, shall be construed to apply as follows, except where the context indicates otherwise:

(a) "Act" means the Indian Gaming Regulatory Act, P.L. 100 – 497, 25 U.S.C. § 2701, et seq.

(b) "Board of Gaming Commissioners" or "Board" means the Commissioners appointed by the Tribal Governing Board who shall be responsible for carrying out the duties of the Board of Gaming Commissioners as established pursuant to this ordinance.

(c) "Chief Executive Officer" means the person selected by the Tribal Governing Board, who is experienced in the operation, maintenance and accounting of a Gaming Facility. Such Chief Executive Officer shall be employed by the Tribe and shall be the person responsible for and with the necessary authority for general operations, in connection with the operation of the Facility.

(d) "Class I Gaming" means social games played solely for prizes of minimal value or traditional forms of Indian gaming engaged in as part or tribal ceremonies or celebrations;

(e) "Class II Gaming" means:

(1) Bingo or Lotto. 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 object, 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;

(2) Non-Banked Card Games (such as non-banked Poker).

(3) Other Games of Chance. Games similar to bingo, including, if played at the same location as bingo, pull-tabs, lotto, punch boards, tip jars, and "instant bingo."

(f) "Class III Gaming" means all forms of gaming that are not Class I or Class II gaming including:

(1) Electronic or Electromechanical Facsimiles of any Game of Chance. Electronic or electromechanical facsimiles of any game of chance or slot machines of any kind, including "video bingo."

(2) All Banking Card Games. Any card games played against the Bank, including baccarat, chemin de fer, and blackjack.

(3) Casino Games. Any casino games such as roulette, craps, and keno.

(g) "Commissioner" means a means a tribal Citizen (member) appointed by the Tribal Governing Board to the Board of Gaming Commissioners.

(h) "Compact" means the 1991 Tribal-State Gaming Compact between the Tribe and the State of Wisconsin as amended.

(i) "Conflict of Interest" means a situation that has the potential to undermine the impartiality of a person because of the possibility of a conflict between the private interests of an individual and the official responsibilities of that person in the course of his or her duties, including those pertaining to employment or appointment on a board or commission.

(j) "Department of Justice" means the Department of Justice of the State of Wisconsin, its authorized officials, agents and representatives.

(k) "Electronic, Computer, or other Technologic Aid" means any machine or device as defined in Section CMP.1.2.010(k)(1) below. Electronic, Computer, or other Technologic Aids such as computer-generated number sequences can be used in connection with Class II bingo, so long as all players are playing against each other to achieve the same sequences. Computerized or "video" bingo, in which players play against the machine rather than against each other, are Class III games subject to Subchapter 1.6 of this ordinance.

(1) Electronic, Computer, or other Technologic Aid means any machine or device that:

(A) Assists a player or the playing of a game;

(B) Is not an electronic or electromechanical facsimile; and

(C) Is operated in accordance with applicable Federal communications law.

(2) Electronic, computer or other technologic aids include, but are not limited to, machines or devices that:

(A) Broaden the participation levels in a common game;

(B) Facilitate communication between and among gaming sites; or

(C) Allow a player to play a game with or against other players rather than with or against a machine.

(3) Examples of electronic, computer or other technologic aids include pull tab dispensers and/or readers, telephones, cables, televisions, screens, satellites, bingo blowers, electronic player stations, or electronic cards for participants in bingo games.

(l) "Enterprise" means a commercial enterprise of the Tribe authorized to engage in the following:

(1) Gaming of every variety defined as Class II Gaming by the Indian Gaming Regulatory Act;

(2) Gaming defined as Class III Gaming pursuant to the Compact; and

(3) Any other lawful commercial activity related to Gaming and permitted by the Tribe.

(m) "Facility" means the building, including related or connected modular, tent-like or other structures, and associated and adjacent real estate property, within which the Enterprise will be housed, and the parking areas serving the Facility, all as located on the property.

(n) "Gaming" means activities defined as Class I Gaming, Class II Gaming, and Class III Gaming under the Indian Gaming Regulatory Act and the Compact.

(o) "General Contractor" means any person or entity selected by the Tribal Governing Board, on behalf of the Tribe, who is a licensed general contractor experienced in the construction of commercial building and appurtenant structures and service facilities.

(p) "Immediate Family Member" shall mean a father, mother, husband, wife, sister, brother, cohabitating partner or child(ren).

(q) "Key Employee" means 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;

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

(11) If not otherwise included, any other person whose total cash compensation is in excess of fifty thousand dollars ($50,000.00) per year;

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

(13) If not otherwise included, all security guards, all directors, and auditors; or

(14) Any other gaming employee the Tribe designates.

(r) "Lac Courte Oreilles" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(s) "Law Enforcement Officer" means any person employed, appointed or deputized as a law enforcement officer of the Tribe. The Tribal Governing Board has the discretion to allow other local, state or federal law enforcement officers the authority to enforce the provisions of this ordinance and to institute proceedings in the tribal court or to refer the matter to county, state, or federal authorities for criminal prosecution.

(t) "Lottery Board" means the Wisconsin Lottery Board, its authorized officials, agents and representatives.

(u) "Management Contract" means any contract, subcontract, or collateral agreement between an Indian 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.

(v) "Person" means all partnerships (general and limited), association and corporations.

(w) "Primary Management Official" means a person having responsibility for a management contract; and/or any person who has authority:

(1) To hire and fire employees;

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

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

(4) Any other gaming employee the Tribe designates.

(x) "State" means the State of Wisconsin, its authorized officials, agents and representatives.

(y) "Reservation" means:

(1) All lands within the territorial limits of the Lac Courte Oreilles Reservation as established pursuant to the Treaty of 1854, 10 Stat. 1109 and further implemented by the Secretarial Order of March 1, 1873; the January 23, 1986 (Federal Register Vo. 51, No. 16) Transfer of Lands, and the July 21, 2017 (Federal Register Vo. 82, No. 171) Reservation Proclamation, and

(2) All lands title to which is either held in trust by the United States for the benefit of the Tribe or individual tribal citizen(s) (member(s)) or held by the Tribe or individual tribal citizen(s) (member(s)) subject to restriction by the United States against alienation.

(z) "Tribal Governing Board" means the Governing Board established under the Constitution and By-Laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians with jurisdiction to oversee and regulate all gaming activities on behalf of the Tribe.

(aa) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, its authorized officials, agents and representatives.

(bb) "Tribal Gaming Attorney(s)" means the tribal attorney(s) employed by the Lac Courte Oreilles Legal Department, whom are in charge of and responsible for legal issues relating to gaming operations of the Tribe and associated enterprises.

(cc) "Gaming Commission Executive Director" means the Executive Director, appointed by the Tribe to work with the Board, who is responsible for initiating background investigations and monitoring all aspects of gaming operations within the jurisdiction of the Lac Courte Oreilles Tribe.

(dd) "Tribal Gaming Liaison" means the tribal official designated to interact between the gaming operations, the Tribal Governing Board, and the Board of Gaming Commissioners.