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

B. Special Terms. In this chapter:

“Class II gaming” means:

1. The game of chance commonly known as bingo (whether or not electronic, computer, or other technologic aids are used in connection therewith);

a. Which is played for prizes, including monetary prizes, with cards bearing numbers or other designations;

b. In which the holder of the card covers such numbers or designations when objects, similarly numbered or designated, are drawn or electronically determined; and

c. 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:

a. Are explicitly authorized by the laws of California, or

b. Are not explicitly prohibited by the laws of California and are played at any location in California, but only if such card games are played in conformity with those laws and regulations (if any) of California regarding hours or periods of operation of such card games or limitations on wagers or pot sizes in such card games.

The term “class II gaming” does not include any banking card games, including baccarat, chemin de fer, or blackjack (21), or electronic or electromechanical facsimiles of any game of chance or slot machines of any kind.

“Class III gaming” means all forms of gaming that are not class I gaming (as defined in IGRA) or class II gaming.

“Commission” means the Wiyot Tribe Gaming Commission established pursuant to an ordinance (Chapter 2.15 WTC) duly adopted by the Tribal Council.

“Compact” means the Tribal-State Compact to be negotiated between the Tribe and the state of California authorizing class III gaming activities, as required by IGRA, 25 U.S.C. § 2710(d)(1)(C) and amended from time to time.

“IGRA” means the Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq. and its regulations, 25 C.F.R. § 500 et seq.

“Indian lands” means all lands within the limits of any Indian reservation and 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.

“Key employee” means

1. A person who performs one 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 $50,000.00 per year; or

3. If not otherwise included, the four most highly compensated persons in the gaming operation.

“Net revenues” means gross revenues of gaming activity less amounts paid out as, or paid for, prizes and total operating expenses, excluding management fees.

“NIGC” means the National Indian Gaming Commission established pursuant to 25 U.S.C. § 2704.

“Primary management official” means

1. The person having management responsibility for a management contract;

2. Any person who has authority to hire and fire employees; or to set up working policy for the gaming operation; or

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

“State Gaming Agency” means the entity defined in subsection 2.18 of the Compact.

“Tribal Council” means the Tribal Council of the Wiyot Tribe, as defined in the Constitution and bylaws of the Wiyot Tribe.

“Tribal member” means any individual who is duly enrolled in the Tribe in accordance with the Tribe’s Constitution and any enrollment ordinance (see Chapter 3.05 WTC) that may be enacted by the Tribe, as amended from time to time.

“Tribe” means the Wiyot Tribe. [Amended 4/12/04; Ord. 08-03 Art. II, approved 11/8/03.]