§ 41-9.1-3 - Definitions.
SECTION 41-9.1-3
§ 41-9.1-3 Definitions. – As used in this chapter, the following terms are defined as follows:
(1) "Adjusted gross receipts" means the gross receipts lesswinnings paid to wagerers.
(2) "Affiliate" means a person who, directly or indirectly,through one or more intermediaries, controls, is controlled by, or is undercommon control with; is in a partnership (general or limited) or joint venturerelationship with; or is a co-shareholder of a corporation, a co-member of alimited liability company, or co-partner in a limited liability partnershipwith a person who holds or applies for a casino license under this chapter.
(3) "Affiliated company" means any form of businessorganization which controls, is controlled by or is under common control with,is in a partnership (general or limited) or joint venture relationship with, oris a co-shareholder of a corporation, a co-member of a limited liabilitycompany, or co-partner in a limited liability partnership with a person whoholds or applies for a casino license under this chapter.
(4) "Agent" means any person who is employed by any agency ofthe state other than the state lottery division, the state police, or attorneygeneral who is assigned to perform full-time services on behalf of or for thebenefit of the state lottery division regardless of the title or position heldby that person.
(5) "Applicant" means any person who applies for any right,license or registration under this chapter:
(6) "Casino" means a building in which gaming is conducted.
(7) "Casino licensee" or "casino operator" means any personlicensed to conduct gaming operations according to the provisions of thischapter.
(8) "Chairperson" means the chairperson of the state lotterydivision.
(9) "Commission" means the state lottery division as createdby chapter 61 of title 42.
(10) "Company" means a sole proprietorship, corporationpartnership (general or limited), limited liability partnership, limitedliability company, trust, association, joint stock company, joint venturetribal corporation or other form of business organization.
(11) "Compensation" means any money, thing of value orfinancial benefit conferred on or received by a person in return for servicesrendered or to be rendered, whether by that person or another.
(12) "Conflict of interest" means a situation in which theprivate interest of a member, employee, or agent of the state lottery divisionmay influence the judgment of the member, employee, or agent in the performanceof his or her public duty under this chapter. A conflict of interest includes,but is not limited to, the following:
(i) Any conduct that would lead a reasonable person knowingall of the circumstances, to conclude that the member, employee, or agent ofthe state lottery division is biased against or in favor of an applicant.
(ii) Acceptance of any form of compensation other than fromthe state lottery division, for any services rendered as part of or related tothe official duties of the member, employee, or agent for the state lotterydivision.
(iii) Participation in any business being transacted with orbefore the state lottery division, in which the member, employee, or agent ofthe state lottery division, or his or her parent, spouse or child, has afinancial interest.
(iv) Use of the position, title, or any related authority ofthe member, employee, or agent of the state lottery division in a mannerdesigned for personal gain or benefit.
(v) Demonstration through work or other action in theperformance of the official duties of the member, employee, or agent of thestate lottery division of any preferential attitude or treatment of any person.
(13) "Control" means having a greater than twenty percent(20%) direct or indirect pecuniary interest in the gaming operation withrespect to which the license is sought.
(14) "Development agreement" means a written agreementbetween an applicant for a casino license and the Town of West Warwickpertaining to the casino including, but not limited to, approval of thelocation of the site and the process for addressing and approving zoning, landuse, utility and other essential services, on-site and off-site improvements,local impacts and construction and operational issues.
(15) "Disciplinary action" is an action by the state lotterydivision suspending or revoking a license, fining, excluding, reprimanding orotherwise penalizing a person for violating this chapter or rules promulgatedby the state lottery division.
(16) "Financial interest" or "financially interested" meansany interest in investments, awarding of contracts, grants, loans, purchases,leases, sales, or similar matters under consideration or consummated by thestate lottery division. A member, employee, or agent of the state lotterydivision will be considered to have a financial interest in a matter underconsideration if any of the following circumstances exist:
(i) He or she owns a five percent (5%) or greater direct orindirect pecuniary interest in any party to the matter under consideration orconsummated by the state lottery division; or
(ii) He or she is employed by or is an independent contractorfor a party to the matter under consideration or consummated by the statelottery division.
(17) "Gambling game" means any game played with cards, dice,equipment or a machine, including any mechanical, electromechanical orelectronic device which shall include computers and cashless wagering systems,for money, credit, or any representative of value; including, but not limitedto faro, monte, roulette, keno, bingo fan tan, twenty-one, blackjack, seven anda half, klondike, craps, poker, chuck a luck, Chinese chuck a luck (dai shu),wheel of fortune, chemin de fer, baccarat, pai gow, beat the banker,panguingui, slot machine, any banking or percentage game, or any other game ordevice approved by the state lottery division, but does not include gamesplayed with cards in private homes or residences in which no person makes moneyfor operating the game.
(18) "Game" means any banking or percentage game locatedexclusively within a licensed casino, which is played with cards, dice, or anyelectronic, electrical, or mechanical device or machine for money, property, orany thing of value.
(19) "Gaming" means to deal, operate, carry on, conduct,maintain or expose or offer for play any gambling game or gaming operation.
(20) "Gaming device" means any equipment or mechanical,electromechanical, or electronic contrivance component or machine used directlyor indirectly in connection with gaming or any game which affects the result ofa wager by determining win or loss. The term includes a system for processinginformation, which can alter the normal criteria of random selection whichaffects the operation of any game or which determines the outcome of a game.The term does not include a system or device, which affects a game solely bystopping its operation so that the outcome remains undetermined.
(21) "Gaming operation" means the conduct of authorizedgambling games in a casino pursuant to this chapter but does not include thoseoperations governed by chapters 61 and 61.2 of Title 42.
(22) "Gaming supplier" means any person who supplies, sellsor leases or contracts to sell or lease gaming devices, equipment, or suppliesto a holder of a license or a casino gaming operator.
(23) "Gaming supplier permit" means the permit of a gamingsupplier.
(24) "Gaming supplies" means all materials and supplies otherthan gaming devices which the state lottery division finds or determines to beused or expended in gaming operations or activities and that can impact theoutcome of game.
(25) "Gross receipts" means the total of all sums includingvalid or invalid checks, currency, tokens, coupons, vouchers, or instruments ofmonetary value whether collected or uncollected, received by a casino licenseefrom gaming, including all entry fees assessed for tournaments or othercontests less a deduction for uncollectible gaming receivables not to exceedthe uncollectible amounts owed as a result of wagers placed at or through agambling game or four percent (4%) of the total gross receipts, whichever isless. The licensee shall not receive the deduction unless the licensee provideswritten proof to the state treasurer of the uncollected gaming receivable andhas complied with all rules promulgated by the state lottery division regardingthe issuance of credit and the collection of amounts due under a creditextension.
(26) "Institutional investor" means a person that is:
(a) A plan or trust established and maintained by the UnitedStates government, a state, or a political subdivision of a state for thebenefit of its respective employees.
(b) An investment company that is registered under theInvestment Company Act of 1940.
(c) A Collective Investment Trust organized by a bank underPart Nine of the rules of the Comptroller of the Currency.
(d) A closed end investment trust registered with the UnitedStates Securities and Exchange Board.
(e) A mutual fund.
(f) A life insurance company or property and casualtyinsurance company.
(g) A federal or state bank.
(h) An investment advisor registered under the InvestmentAdvisors Act of 1940.
(i) Such other similar regulated entities as may be approvedby the state lottery division for good cause.
(27) "Institutional lender" means a person that is:
(a) An insurance company regulated by any state of the UnitedStates.
(b) Any investment company registered under the InvestmentCompany Act of 1940.
(c) Any plan established and maintained by a state, itspolitical subdivision or any agency or instrumentality of a state or itspolitical subdivisions for the benefit of its employees.
(d) Any trust fund, the trustee of which is a bank or trust.
(e) Any investment adviser registered with the United StatesSecurities and Exchange Board.
(f) Any real estate investment trust registered with theUnited States Securities and Exchange Board.
(g) Any dealer registered pursuant to section 15 of theSecurities and Exchange Act of 1934.
(h) Any qualified institutional buyer, as defined in Rule144A under the Securities Act of 1933 and any entity, all of the equity ownersof which are qualified institutional buyers, as defined in rule 144A under theSecurities Act of 1933, acting for its own account or the accounts of otherqualified institutional buyers.
(i) Any bank as defined in section 3(a)(2) of the SecuritiesAct of 1933, any savings and loan association or other institution asreferenced in section 3(a)(5)(A) of the Securities Act of 1933, or any foreignbank or savings and loan association or equivalent institution or anyinvestment fund that participates in a bank syndication, and any purchaser thattakes an assignment or other participation interest in the bank syndication.
(j) Any investor or group of investors purchasing debtsecurities of a licensee, permittee, or casino gaming operator, or a subsidiaryof a licensee, permittee or casino gaming operator, in any public offeringregistered pursuant to the Securities Act of 1933 or through any privateplacement, and any investor purchasing such securities in a subsequent sale;however, such securities are widely held and freely traded, and the investorholds no more than twenty percent (20%) of a licensee, permittee or casinogaming operator's total debt or fifty percent (50%) of a material debt issueunless otherwise approved by the state lottery division, so as not to give suchinvestor the ability to control a licensee, permittee, or casino gamingoperator.
(k) Any business development company as defined in section2(a)(48) of the Investment Company Act of 1940.
(l) Any business development company as defined in section202(a)(22) of the Investment Advisers Act of 1940.
(m) Any other regulated lender as the state lottery divisionmay determine in its sole discretion consistent with the provisions of thischapter.
(n) Such other similar regulated entities as may be approvedby the state lottery division for good cause.
(28) "Key gaming employee" means any natural person employedin the operation of a licensed casino facility in a supervisory managerialcapacity or empowered to make discretionary decisions, which regulate casinofacility operations, as determined by the state lottery division.
(29) "Key gaming employee permit" means the permit of a keygaming employee.
(30) "License" means an authorization issued to a person orentity by or in the name of the state lottery division to engage in or assistgaming operations or activities regulated by this chapter.
(31) "Licensee" means any employee, agent, person or entitythat is required to be issued a license under this chapter or under the rulesand regulations of the state lottery division.
(32) "Managerial employee" means a person who by virtue ofthe level of their remuneration or otherwise holds a management supervisory, orpolicy-making position with any authorized licensee pursuant to this chapter,vendor, or the state lottery division.
(33) "Manufacturer" means any person or entity thatmanufactures or assembles programs or slot machines or other gaming devices forsale or use in this state.
(34) "Master contract" means that contract entered into amongthe Narragansett Indian Tribe, Harrah's Entertainment, Inc. or an Affiliatethereof ("Harrah's") and the state lottery division, which contract would havea term commencing on the date of execution and expiring ten (10) years from thedate that Harrah's opens the casino for business.
(35) "Member" means a member appointed to the state lotterydivision's board.
(36) "Municipality" means any city or town within the state.
(37) "Non-gaming supplier" means any person or entity thatsells, leases, or otherwise distributes directly or indirectly, goods orservices other than gaming devices and supplies to the holder of a license.
(38) "Permit" means any permit or authorization, orapplication therefore, issued pursuant to the provisions of this chapter.
(39) "Permittee" means any person or entity that is issued orapplying for a permit pursuant to the provisions of this chapter.
(40) "Person" means an individual, corporation, limitedliability company, association, partnership (general or limited), limitedliability partnership, trust, entity, or other legal entity.
(41) "Security" means the protection of information thatwould or could provide an unfair advantage to any individual involved in theoperation of the casino gaming; protection and preservation of the integrity ofcasino gaming games and operations; as well as measures taken to prevent crimesagainst a gaming operator or the state lottery division.
(42) "Slot machine" means any mechanical, electrical, orother device, contrivance, or machine which, upon insertion of a coin, token,card or similar object therein or upon payment of any consideration whatsoever,is available to play or operate the play or operation of which, whether byreason of the skill of the operator or application of the element of change, orboth, may deliver or entitle the person playing or operating the machine toreceive cash, premiums, merchandise, tokens, or any thing of value, whether thepayoff is made automatically from the machine or in any other manner.
(43) "Suitable" "suitability" or "suitability requirements"means the criteria provided for in § 41-9.1-22.
(44) "Vendor" means a person who supplies any goods orservices to a casino licensee.
(45) "Video Lottery Terminal revenue" means net terminalincome derived from video lottery games and deposited in the general fund andto the state lottery division for administrative purposes pursuant to §42-61.2-7(a)(1).
(46) "Wagerer" means a person who plays a gambling gameauthorized under this chapter.
(47) "Wagering tax revenue" means the tax revenue to thestate derived from the taxes imposed on the adjusted gross receipts of thecasino licensee in accordance with § 41-9.1-12(b).
(48) "Winnings" means the total cash value of all property orsums including currency, tokens, or instruments of monetary value paid towagerers as a direct result of wagers placed at or through a gambling game.