Chapter 12-2 GENERAL PROVISIONS

CHAPTER 12-2
GENERAL PROVISIONS

12-2-1 Definitions.

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

(A) Ancillary Activity. “Ancillary activity” means a non-gaming economic activity owned, operated, or managed by a gaming enterprise to support gaming activities or to provide amenities or services to or for patrons as a means of encouraging or promoting patronage of the gaming facility, including, for example, lodging, food and beverage, retail, and any other non-gaming economic activity operated by the gaming enterprise or a tenant of the gaming enterprise.

(B) Ancillary Facilities. “Ancillary facilities” means any physical structure or internal or external area of the premises of a gaming facility where ancillary activities or other non-gaming activities are operated, which may include, without limitation, hotels, restaurants, VIP lounges, RV parks, event centers, gift shops, parking lots, retail outlets, environmental services or maintenance areas, food, beverage, amenity or other service areas, and/or other areas where no gaming activity is conducted.

(1) The Constitution and all laws and regulations of the Nation pertaining to its gaming activities, including this title and the regulations of the Tribal Gaming Commission;

(2) All Federal laws and regulations that may now or hereafter apply to the Nation’s gaming activities; and

(3) The terms of any Tribal-State Gaming Compact that may now or hereafter be in effect between the Nation and any state.

(D) Bingo. “Bingo” means the game of chance commonly known as bingo (whether or not electronic, computer, or other technologic aids are used in connection therewith) which is played for prizes, including monetary prizes, with cards bearing numbers or other designations, in which the holder of each card covers such numbers or designations when objects, similarly numbered or designated, are drawn or electronically determined, and in which the game is won by the first player covering a previously designated arrangement of numbers or designations on such cards, including (if played in the same location) pull-tabs, lotto, punchboards, tip jars, instant bingo, and other games similar to bingo.

(E) Charitable Gaming Ticket. “Charitable gaming ticket” means any game piece used in the play of a paper pull-tab game, jar ticket game, or raffle, the proceeds from which are to be used exclusively for a charitable purpose.

(F) Cheating. “Cheating” means a person’s operating or playing in any game in a manner in violation of the written or commonly understood rules of the game, with the intent to create for himself, or someone in privity with him/her, an advantage over and above the chance of the game.

(G) Compensation. “Compensation” means any wages, salaries, bonuses, and all other forms of remuneration for services rendered.

(H) Electronic Game of Chance. “Electronic game of chance” means any mechanical, electrical, or other device, contrivance, or machine which, upon insertion of a coin, token or similar object, or upon payment of any consideration, is available to play or operate, the play or operation of which, whether by reason of the skill of the player in playing a gambling game which is presented for play by the machine or application of the element of chance, or both, may deliver or entitle the player playing the machine to receive cash, premiums, merchandise, tokens, or other thing of value, whether the payoff is made automatically from the machine or in any other manner.

(I) Game or Gaming. “Game” or “gaming” means any activity, operation, or game of chance in which any valuable consideration may be wagered upon the outcome determined by chance, skill, speed, strength, or endurance, and in which any valuable prize is awarded to the player so wagering, including, but not limited to, lotteries, keno, pull-tabs, pari-mutuel wagering, slot, poker, or other mechanical or electronic gaming, and the like, as well as those relying on satellites, computers, or cable television, and any activity in furtherance thereof, including owning, financing, managing, participating in, conducting, or assisting in any way in any such activity at the site at which it is being conducted, directly or indirectly, whether at the site in-person or off the Reservation.

(J) Gaming Employee. “Gaming employee” means any natural person eighteen (18) years or older employed in the operation or management of any gaming activity or operation, whether employed by or contracted to the Nation or by any person or enterprise providing on- or off-site services to the Nation within or outside the gaming facility regarding any gaming activity or operation, including, but not limited to, gaming operations managers and assistant managers, accounting personnel, surveillance personnel, cashier supervisors, dealers or croupiers, box men, floor men, pit bosses, shift bosses, cage personnel, collection personnel, gaming consultants, management contractors and their principals, and any other natural person whose employment duties require or authorize access to a restricted area of the gaming facility. An employee shall not be considered a gaming employee as a result of access to non-public areas of the gaming facility unless the person’s employment duties require or authorize access to a restricted area of the gaming facility.

(K) Gaming Enterprise. “Gaming enterprise” means the entity responsible for operation of a gaming facility which conducts any gaming activity or operation subject to the provisions of this title.

(L) Gaming Equipment. “Gaming equipment” means any device, machine, paraphernalia, or equipment that is used or usable in the playing phases of any gaming activity, whether or not specifically designed for the purpose, but excluding tables and chairs normally used in the occupancy of any gaming facility.

(M) Gaming Facility. “Gaming facility” means any location, establishment, or structure, stationary or movable, wherein gaming is permitted, promoted, performed, conducted, or operated. The term “gaming facility” does not include the site of a fair, carnival, exposition, or similar occasion.

(N) Gaming Vendor. “Gaming vendor” means any person or entity that provides gaming or gaming-related goods and/or services, including, for example, gaming equipment and supplies, cash-related services, player tracking/rewards systems, accounting software, ticket redemption systems, kiosks, back-of-house software systems, currency processing equipment, or any equipment, device, or service directly or indirectly supporting gaming activities. The term “gaming vendor” also includes any entity that meets the definition of “manufacturer” or “distributor” as defined in a Tribal-State Gaming Compact.

(O) General Council. “General Council” means all enrolled members of the Prairie Band of Potawatomi Indians who are eighteen (18) years of age or older meeting in a General Council.

(P) IGRA. “IGRA” means the Indian Gaming Regulatory Act, Public Law 100-497, 102 Stat. 2467, 25 U.S.C. §2701, et seq. (1988), as amended.

(Q) Immediate Family. “Immediate family” means, with respect to the person under consideration, any husband, wife, father, mother, son, daughter, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother or half-sister.

(R) In Privity With. “In privity with” means any relationship involving one who acts jointly with another, or as an accessory before the fact to an act committed by the other, or as a co-conspirator with the other.

(S) IRS. “IRS” means the United States Internal Revenue Service.

(T) Key Employee. “Key employee” means:

(1) Any person within one (1) or more of the following descriptions:

(a) Bingo caller;

(b) Counting room supervisor;

(d) Custodian of gaming supplies or cash;

(e) Floor manager;

(f) Pit boss;

(g) Dealer;

(h) Croupier;

(i) Approver of credit;

(j) Custodian of gaming equipment, including people with access to cash and accounting records within such devices; or

(k) An employee in the finance and accounting offices.

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

(3) If not otherwise included the four (4) most highly compensated people in the gaming enterprise; or

(4) Any employee of the gaming enterprise whom the Tribal Gaming Commission may, by written notice or regulation, classify as a key employee.

(U) License. “License” means any official, legal, and revocable permission granted by the Tribal Gaming Commission to an applicant to conduct any gaming activity or operation on Nation lands.

(V) Licensee. “Licensee” means:

(1) A Class II or Class III gaming facility owned by the Nation; or

(2) A person licensed by the Tribal Gaming Commission as a primary management official, key employee, standard gaming employee, or gaming vendor under the provisions of this title.

(W) Lotto or Lottery. “Lotto” or “lottery” means any gaming in which the proceeds derived from the sale of tickets or chances are pooled, and such proceeds or parts thereof are allotted by chance to one (1) or more players. The amount of cash prizes or winnings are determined by the operator conducting the lottery, and a progressive pool is permitted. “Tele-lottery” means that the drawing is televised for use in a cable television broadcast.

(X) Management Contractor. “Management contractor” means any person or entity conducting any Class II or Class III gaming activity or operation on behalf of the Nation pursuant to a management contract approved by the Chairman of the National Indian Gaming Commission.

(Y) Nation. “Nation” means the Prairie Band Potawatomi Nation, recognized by the Federal government and operating pursuant to the Tribal Constitution and By-laws; and “Tribal” means belonging or pertaining to the Nation.

(Z) Nation Land. “Nation lands” or “Nation land” means:

(1) Any land within the limits of the Reservation of the Prairie Band of Potawatomi Indians of Kansas, together with any accretions thereto, which are located within the State of Kansas;

(2) Any land, title to which is either held in trust by the United States for the benefit of the Nation or an individual of the Nation, or held by the Prairie Band of Potawatomi Indians or an individual subject to a restriction by the United States against alienation and over which the Nation exercises governmental power; or

(3) Any land within or without the State of Kansas which may be acquired by the Nation in the future and which meets the criteria and definitions set forth in 25 U.S.C. §2719 and 25 C.F.R. §502.12 with regard to Indian lands.

(AA) National Indian Gaming Commission or NIGC. “National Indian Gaming Commission” or “NIGC” means the commission by that name established by the IGRA.

(BB) Net Revenues. “Net revenues” means gross Gaming revenues, less amounts paid out as, or paid for, prizes, and total Gaming-related operation expenses, excluding management fees.

(CC) Non-Gaming Employee. “Non-gaming employee” means a natural person whose employment duties do not require or authorize access to restricted areas of the gaming facility; and

(1) Who is employed in an ancillary facility; or

(2) Who is employed in an area of gaming activity but is not actually employed in the operation or management of any gaming activity.

(3) Non-gaming employees who meet this definition include, without limitation, hotel and convention center employees, food and beverage preparers, servers, cashiers, valet employees, recreational vehicle park employees, coat check and wardrobe employees, and maintenance and janitorial employees.

(DD) Non-Gaming Vendor. “Non-gaming vendor” means any person or business entity that provides services or goods to a gaming enterprise that is not directly related to or used in connection with gaming activities or the handling, processing, and/or accounting of cash or cash equivalents from the gaming activities. Non-gaming vendors are those whose dealings or transactions with the gaming enterprise pose negligible risk of detrimentally affecting the integrity of the Nation’s gaming activities or operation. Examples of non-gaming goods and services include, but are not limited to, airlines, hotels used for business travel, subscription newspapers and periodicals, laundry services, food, beverages, cleaning supplies, gardening services, general purpose equipment or items such as light bulbs, vacuum cleaners, decorations, goods and services provided by phone companies or a publicly regulated utility company, and providers of entertainment services. Additionally, the term “non-gaming vendor” shall include certified public accountants, attorneys, and their respective firms to the extent they are providing by contract services covered by their professional licenses, but who shall not be required to register.

(EE) Operator. “Operator” means a person contracted, appointed, or hired by the Nation to perform, promote, conduct, or operate any lawful, Tribally licensed gaming activity or operation on Nation land at a gaming facility. In the case of a gaming activity owned and operated solely by the Nation, this person shall be the senior gaming management official employed to operate its gaming activities. In the case of a gaming facility operated by a gaming enterprise which is a wholly owned subsidiary of the Nation, such gaming enterprise shall be the operator of such gaming facility and of each gaming activity at such gaming facility directly operated by such gaming enterprise. In the case of gaming activities operated pursuant to a management contract, that person shall be the management contractor.

(FF) Participate. “Participate” in any gaming activity means operating, directing, financing, or in any way assisting in the establishment of or operation of any class of gaming, or any site at which such gaming is being conducted, directly or indirectly, whether at the site in-person or off the Reservation.

(GG) Person. “Person” means any individual, partnership, joint venture, corporation, joint stock company, company, firm, association, trust, estate, club, business trust, municipal corporation, society, receiver, assignee, trustee in bankruptcy, political entity, and any owner, director, officer or employee of any such entity, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise; provided, that the term “person” does not include the Federal government or any agency thereof, the government of the Nation, any governmental entity of the Nation, or any of the above listed forms of business entities that are wholly owned or operated by the Nation.

(HH) Player. “Player” means any natural person taking part in any gaming activity with the chance of winning money or other benefit, but does not include an operator, or any assistant of an operator or any other person that is participating in such gaming activity.

(II) Primary Management Official. “Primary management official” means:

(1) Any person having management responsibility for a management contract;

(2) Any person who has authority to:

(a) Hire and fire employees; or

(b) Set up working policy for the gaming enterprise; or

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

(JJ) Principal. “Principal” means with respect to a gaming vendor, its sole proprietor or any partner, trustee, beneficiary, shareholder holding five (5) percent or more of its beneficial or controlling ownership, or any officer director, primary management official, including its chief financial officer or other person who has financial management responsibility as an employee or under contract, or key employee thereof; and with respect to any management contractor:

(1) Each of its officers and directors;

(2) Each of its principal management officials, including any chief executive officer, chief financial officer, chief operating officer, or general manager;

(3) Each of its owners or partners, if it is an unincorporated business;

(4) Each of its shareholders who own more than ten (10) percent of the shares of the corporation, if a corporation; and

(5) Each person, other than a banking institution, who has provided financing for the gaming enterprise constituting more than ten (10) percent of the total financing of the gaming enterprise.

(KK) Pull-Tabs, Punchboards, and Tip Jars. “Pull-tabs,” “punchboards,” and “tip jars” each mean any gaming utilizing preprinted cards bearing symbols or numbers in random order, which are uncovered by random choice in expectation of cash prizes whenever prescribed combinations of symbols and numbers are revealed.

(LL) Raffle. “Raffle” means any gaming in which each player buys a ticket for a chance to win a prize with the winner determined by a random method. The term “raffle” does not include a slot machine.

(MM) Registration List. “Registration list” means a list maintained by the Tribal Gaming Commission which contains the names of non-gaming vendors that are permitted to provide certain services to a gaming enterprise subject to this title, the authority of the Tribal Gaming Commission.

(NN) Reservation. “Reservation” means the Potawatomi Indian Reservation including all lands, islands, waters, roads, and bridges, or any interests therein, whether in trust or non-trust status, and notwithstanding the issuance of any patent or right-of-way, within the boundaries of Reservation as established in Article 4 of the Treaty of July 23, 1846, 9 Stat. 853, and such other lands, islands, waters, or any interest therein thereafter added to the Reservation at any time.

(OO) Restricted Area. “Restricted area” means those areas within the gaming facility or on the premises of the gaming facility that are not open to the public, such as the cage, count room, surveillance room, vault, and such other areas so designated, and to which access is restricted to gaming employees. The term “restricted area” does not include public or non-public ancillary facilities, including employee or service corridors, kitchens, food or beverage service areas, restrooms, wardrobe rooms, coat rooms, employee locker rooms, janitorial rooms, or areas in ancillary facilities designated as unrestricted.

(PP) Standard Gaming Employee. “Standard gaming employee” means any gaming employee, other than a key employee or primary management official. All references to “employee” in this title with reference to employment in any gaming enterprise or gaming facility shall refer to key employees, primary management officials, and standard gaming employees, unless the context clearly requires otherwise.

(QQ) Tribal Gaming Commission. “Tribal Gaming Commission” means the Potawatomi Tribal Gaming Commission described in Chapter 12-3.

(RR) Tribal Council. “Tribal Council” means the Tribal Council existing and functioning pursuant to the Constitution of the Prairie Band Potawatomi Nation.

(SS) Tribal Court. “Tribal Court” means the Judicial Council of the Prairie Band Potawatomi Nation existing and functioning pursuant to the Constitution of the Prairie Band Potawatomi Nation.

(TT) Tribal Law Enforcement Agency. “Tribal Law Enforcement Agency” means the Tribal police established and maintained by the Nation pursuant to the Nation’s powers of self-government to carry out law enforcement within Nation lands.

(UU) Tribal-State Gaming Compact. “Tribal-State Gaming Compact” means a Tribal-State compact, as defined in 25 C.F.R. §502.21.

(VV) Twenty-One or Blackjack. “Twenty-one,” also known as “blackjack” means the card game played by a maximum of seven (7) players and one (1) dealer wherein each player plays his hand against the dealer’s hand with the object of obtaining a higher total card count than the dealer by reaching twenty-one (21) or as near twenty-one (21) as possible without exceeding twenty-one (21). The cards have the following value:

(1) Aces count either one (1) or eleven (11), at any player’s option;

(2) Kings, queens, and jacks each count ten (10); and

(3) All other cards are counted at their face value.

(WW) Wager. “Wager” means a bet made in any game of chance.

(XX) Work Permit. “Work permit” means a permit issued by the Tribal Gaming Commission to non-gaming employees, subject to requirements and restrictions of this title.

(Enacted by PBP TC No. 2020-363, December 9, 2020; amended by PBP TC No. 2020-363A, February 20, 2021)

12-2-2 Tribal Gaming Commission Account Established.

(A) There is hereby authorized and directed to be established an account in a Federally insured financial institution to be known as the Tribal Gaming Commission account.

(B) The Tribal Gaming Commission account shall be an interest-bearing account and funds therein may be invested and reinvested only as approved by the Tribal Council.

(C) No monies shall be released or expended from the Tribal Gaming Commission account except upon written resolution of the Tribal Council appropriating a specific amount of the monies contained therein for the use of the Tribal Gaming Commission to cover the costs and expenses for the administration and enforcement of this title.

(D) All income, fees, penalties, interest, charges, or other monies collected by the Tribal Gaming Commission in the administration and enforcement of this title shall be deposited in the Tribal Gaming Commission account.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-2-3 Allocation and Use of Gaming Revenue.

(A) The Nation shall receive not less than sixty (60) percent of the annual net revenue of any Class II or III gaming activity on the Reservation or any other Nation lands.

(B) Net revenues from Tribal gaming shall be used only for the following purposes:

(1) To fund the Nation government operations or programs;

(2) To provide for the general welfare of the Nation and its members;

(3) To promote Tribal economic development;

(4) To provide donations for charitable organizations; and

(5) To help fund operations of local government agencies.

(C) Net revenues from the Nation’s gaming activities may only be used to make per capita payments if such payments are made pursuant to a revenue allocation plan authorized by resolution or other enactment of the Tribal Council, and approved by the Secretary of the United States Department of the Interior.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-2-4 Audit.

(A) The Tribal Gaming Commission shall allow for an independent financial audit of gaming operations to be conducted annually and such other annual audits as may be required by the National Indian Gaming Commission by regulations, and shall submit resulting reports to the National Indian Gaming Commission.

(B) All gaming-related contracts that result in the purchase of supplies, services, or concessions in excess of twenty-five thousand dollars ($25,000) annually, except contracts for professional legal and accounting services, shall be specifically included within the scope of the audit that is described in subsection (A) of this section.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-2-5 Protection of the Environment and Public Health and Safety.

All gaming facilities shall be constructed, maintained, and operated in a manner that adequately protects the environment and the public health and safety.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-2-6 Gaming Facility License Required.

The Nation shall issue or cause to be issued a separate license to each place, facility, or location where gaming is conducted under this title. Every gaming facility shall display in a prominent place a current and valid license for that location.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-2-7 Management Contracts.

No management contract may be executed by or on behalf of the Nation with any third party unless authorized by a duly adopted resolution of the Tribal Council and in full compliance with all applicable provisions of IGRA, particularly, 25 U.S.C. §2711, and regulations issued pursuant thereto.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-2-8 Compliance With Applicable Federal Laws.

In addition to its authority to administer and enforce compliance with this title and regulations issued hereunder, the Tribal Gaming Commission is hereby delegated the authority to monitor, enforce, and sanction violations of all Federal laws and regulations applicable to the Nation’s gaming activities including, without limitation, the pertinent provisions of Title 25 of the United States Code and the Code of Federal Regulations, Title 26 of the United States Code and the Code of Federal Regulations, and Title 31 of the U.S. Code and Code of Federal Regulations, among others.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-2-9 Consent to Jurisdiction.

Any person who:

(A) Applies for and/or is granted a license under this title;

(B) Applies for employment in any gaming facility regulated under this title;

(D) Enters upon the premises of any Nation gaming facility as a patron, customer, guest, visitor, or for any other purpose;

is subject to the civil jurisdiction of the Nation, the Tribal Gaming Commission, the Tribal Courts, and a person’s performance of any of these acts shall constitute consent to the Nation’s exercise of such jurisdiction.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-2-10 Noncompliance.

Failure to comply with any of the requirements in this title, or the regulations promulgated hereunder by the Tribal Gaming Commission, shall constitute a violation of this title.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-2-11 Description of Procedures for Resolving Disputes.

All disputes between members of the gaming public and the gaming enterprise must be promptly, and to the extent practicable, amicably resolved by an authorized agent of the gaming enterprise. In cases where the dispute cannot be promptly and amicably resolved or settled between an authorized agent and patron, the regulations adopted by the Tribal Gaming Commission and/or applicable internal control standards and procedures approved by the Tribal Gaming Commission shall be followed.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-2-12 Sole Proprietary Interest.

The Nation shall have the sole proprietary interest in and responsibility for the conduct of any gaming enterprise authorized by this title.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-2-13 No Authorization for Individually Owned Gaming.

The Nation does not authorize individually owned gaming.

(Enacted by PBP TC No. 2020-363, December 9, 2020)