Unless a different meaning is set forth below, the terms used in this Title shall have the same meaning as defined in the Indian Gaming Regulatory Act, Public Law 100-497, 102 Stat. 2467 (Oct. 17, 1988), 25 U.S.C. § 2701 et seq. (IGRA).
A. “Annual estimated range of distribution” means a preliminary minimum and maximum forecasted Osage Nation distributions report including financial assumptions prepared by Gaming executive management for a specific fiscal year and approved by the Gaming Enterprise Board.
C. “Application” means a request for the issuance or renewal of a license described in or required by this Title.
J. “Commissioner” means a public officer appointed by the Principal Chief and confirmed by the Osage Nation Congress to carry out the duties of the gaming statute of the Osage Nation, or as authorized by any other gaming statutes, resolutions, or laws enacted by the Osage Nation Congress.
K. “Fiscal year” means the period beginning at 12:01 a.m. on October 1st of each year and ending at midnight, September 30th of the following year.
M. “Gaming device” means any equipment or mechanical, electromechanical or electronic contrivance, component or machine, used remotely or directly in connection with any gaming which affects the result of a wager by determining or predicting the outcome of such game or the odds of winning or losing such game. The term shall be broadly construed to promote the purposes of this Title and shall also include any devices, machines, components or contrivances which do or are capable of affecting, in any way, the playing of any gaming.
N. “Gaming establishment” means any premises where gaming is operated or conducted on the Nation’s Indian lands and includes all buildings, improvements, appurtenances, equipment and facilities used or maintained in connection with such gaming.
P. “Gaming vendor” includes a supplier or vendor of gaming goods and services as defined at subsection (LL) of this section, and any person or entity providing to the Osage Nation Gaming Enterprise any equipment, components, item, device, apparatus, goods, supplies, or services used directly or indirectly in the conduct, operation, or play of a gambling activity, the placement of a bet or wager; any promotion or promotional activity where monetary prizes are awarded; or securing, locking, or providing access to gaming equipment/systems.
a. Cash received as winnings;
2. For the purposes of this definition, cash or the value of noncash prizes awarded to patrons in a contest or tournament are not losses. The term does not include:
a. Counterfeit money or tokens;
b. Coins of other countries which are received in gaming devices;
d. Cash received as entry fees for contests or tournaments in which the patrons compete for prizes.
3. Calculation of Gross Revenues. Certain expenses are not deductible.
a. In calculating gross revenue, any prizes, premiums, drawings, benefits or tickets which are redeemable for money or merchandise or other promotional allowance, except money or tokens paid at face value directly to a patron as the result of a specific wager and the amount of cash paid to purchase an annuity to fund winnings must not be deducted as losses from winnings.
b. In calculating gross revenue from gaming devices, the actual cost to the licensee of any personal property distributed to a patron as the result of a legitimate wager may be deducted as a loss, but not travel expenses, food, refreshments, lodging or services. For the purposes of this section, “as the result of a legitimate wager” means that the patron must make a wager prior to receiving the personal property, regardless of whether the receipt of the personal property is dependent on the outcome of the wager.
R. “Indian lands” has the same meaning as set forth in the Indian Gaming Regulatory Act.
T. “License” means any authorization granted by the Commission, pursuant to this Title, to any person which is required for such person to perform certain acts or engage in certain activities. The issuance of a license shall not create a property or liberty interest in such license for the benefit of the licensee.
V. “Management contract” means any contract, agreement or other document, including all collateral agreements, establishing a relationship between the Nation’s government and any person, pursuant to which such person has managerial responsibilities in or for any gaming operation.
W. “Management entity or controlling shareholder” means:
2. When a trust is a party to a management contract, any beneficiary or trustee of such trust;
3. When a partnership is a party to a management contract, any partner, general or limited, in such partnership;
4. When a corporation is a party to a management contract, any person who is an officer or director of such corporation, or who holds five percent or more of the issued and outstanding capital stock of such corporation, either alone or in combination with a spouse, parent, child or sibling; or
5. With respect to any nonnatural person with an interest in a trust, partnership or corporation that has an interest in a management contract, all beneficiaries, trustees, partners, or directors of, and five percent stockholders of, such nonnatural person.
X. “Management fee” means any monies paid from gaming revenue to any person pursuant to an NIGC approved contract to operate a gaming establishment. Such term shall not include monies paid for the operating expenses of such gaming establishment.
Y. “Nation” means the Osage Nation.
BB. “Nongaming employee” means an employee who is licensed for employment in nongaming areas, and is not a key gaming employee or primary management official. These individuals work in maintenance, facilities, as cooks, bartenders, beverage servers, etc. They are not employed in restricted areas of the casino and do not work directly with gaming machines or gaming revenue. The ONGC may perform a lesser level of investigation on these employees, and may focus on criminal history and financials.
CC. “Nongaming revenue” means gross revenue that is generated from any nongaming operations.
DD. “Nongaming vendor” means any person or entity providing to the Osage Nation Gaming Enterprises nongaming goods, supplies, or services that constitute neither gaming nor gaming-related goods, supplies, or services, but who are compensated with funds of the revenue of the Osage Nation Gaming Enterprise. Nongaming vendors are vendors who provide goods or services that do not have the ability to impact the integrity of the gaming operations.
EE. “Operating expense” means any expense incurred in the operation of gaming that is specifically designated as an operating expense in any management contract or which by operation of generally accepted accounting principles, consistently applied, is so treated.
GG. “Person” means any association, partnership; corporation, firm, trust or other form of business association or entity, as well as a natural person.
JJ. “Secretary” means the Secretary of the United States Department of the Interior.
LL. “Supplier or vendor of gaming goods and services” means any person who manufactures, sells, leases, distributes, supplies or makes modifications to, any gaming device of the Nation and all persons holding any direct or indirect financial interest in such gaming device supplier. ONCA 07-09, eff. Dec. 8, 2006; ONCA 07-29, eff. Apr. 23, 2007; ONCA 10-73, eff. Oct. 5, 2010; ONCA 11-09, eff. Feb. 11, 2011; ONCA 11-11, eff. Feb. 2, 2011.