4-29.5-2-0.5. Definitions
Sec. 0.5. For purposes of this Compact, the following definitions pertain throughout this article. As added by P.L.171-2021, SEC.1.
4-29.5-2-1. “Any Offense”
Sec. 1. “Any Offense” means, as referenced in IC 4-29.5-4-9(3), any criminal offense whether committed in Indiana or any other jurisdiction, that is, or would be, a crime under the provisions of the Title 35 of the Indiana Code, Criminal Law and Procedure, as amended, or any other criminal offense not specified in IC 4-29.5-4-9(3) […]
4-29.5-2-10. “Fraud or Misrepresentation”
Sec. 10. “Fraud or Misrepresentation” means a criminal offense committed in Indiana or any other jurisdiction, involving, theft, fraud, or misrepresentation, which is a felony or would be a felony if committed in Indiana, and which was committed as an adult or prosecuted as an adult offense, and which has not been effectively removed from […]
4-29.5-2-11. “Gambling Game”
Sec. 11. “Gambling Game” means: (1) gambling game as defined under IC 4-33-2-9 and IC 4-35-2-5; and (2) any game authorized under IC 4-30, IC 4-31, IC 4-32.3, or IC 4-36 if such game is played in an electronic or electromechanical format, including without limitation any video gaming terminal that simulates the play of any […]
4-29.5-2-12. “Gambling Operation”
Sec. 12. “Gambling Operation” means: (1) a gambling operation as that term is defined in IC 4-33-2-10 and any permit holder under IC 4-35-2-9 if the permit holder is licensed to conduct Gambling Games pursuant to IC 4-35-5; and (2) any other single location that is permitted to conduct more than fifteen (15) Gambling Games […]
4-29.5-2-13. “Gaming Facility”
Sec. 13. “Gaming Facility” means any building located on the South Bend Site where Class III gaming is conducted by the Band in accordance with this Compact. The term Gaming Facility is limited to the footprint of the Gaming Facility on the South Bend Site and does not include any gaming-related commercial amenities located within […]
4-29.5-2-14. “Gaming Official or Employee”
Sec. 14. “Gaming Official or Employee” (collectively, “Gaming Officials and Employees”) means regarding Class III gaming activities at each Gaming Facility: (i) primary management officials and key employees as those terms are defined by IGRA, NIGC regulations, and Pokagon Band Gaming Regulations, (ii) all other employees whose regular job duties require access to restricted areas […]
4-29.5-2-15. “Nigc”
Sec. 15. “NIGC” means the National Indian Gaming Commission established by the IGRA. As added by P.L.171-2021, SEC.1.
4-29.5-2-16. “Net Win”
Sec. 16. “Net Win” means the total amount wagered on each Electronic Game of Chance, minus the total amount paid to players for winning wagers at such Electronic Games of Chance. For purposes of calculating Net Win, the total amount wagered shall not include the value of Promotional Wagers. The total amount of prizes paid […]
4-29.5-2-17. “Payment Period”
Sec. 17. “Payment Period” means a twelve-month fiscal period beginning on August 1 and ending on July 31 of each year. As added by P.L.171-2021, SEC.1.
4-29.5-2-18. “Person”
Sec. 18. “Person” means a business, individual, proprietorship, firm, partnership, joint venture, syndicate, trust, labor organization, company, corporation, association, committee, state, local government, government instrumentality or entity, or any other organization or group of persons acting jointly. As added by P.L.171-2021, SEC.1.
4-29.5-2-19. “Pokagon Band Gaming Regulations”
Sec. 19. “Pokagon Band Gaming Regulations” means: (i) the Pokagon Band Gaming Regulatory Act enacted into law by the Band and approved by the NIGC in accordance with IGRA, (ii) all gaming regulations duly promulgated by the Pokagon Band Gaming Commission in implementation of the Pokagon Band Gaming Regulatory Act, (iii) IGRA, and (iv) this […]
4-29.5-2-2. “Certificate of Self-Regulation”
Sec. 2. “Certificate of Self-Regulation” means the Certificate of Self-Regulation issued to the Band by the NIGC pursuant to IGRA and NIGC regulations (25 C.F.R. Part 518), which Certificate of Self-Regulation was first effective on January 1, 2019. As added by P.L.171-2021, SEC.1.
4-29.5-2-20. “Promotional Wagers”
Sec. 20. “Promotional Wagers” shall include wagers made by patrons using non-cashable vouchers, coupons, electronic credits, or electronic promotions provided by the Band without monetary consideration and which have no cash redemption value. As added by P.L.171-2021, SEC.1.
4-29.5-2-21. “South Bend Site”
Sec. 21. “South Bend Site” means the trust and reservation lands acquired under section 6 of the Pokagon Restoration Act located in the City that consist of approximately 166 acres that were taken into trust for the Band by the United States on November 28, 2016, 81 Fed. Reg. 89499-89504, which lands the United States […]
4-29.5-2-22. “Table Game”
Sec. 22. “Table Game” means any “house banking card game” as that term is defined in 25 C.F.R. 502.4(a). The term does not include any games or gaming devices that are Class II games under IGRA. As added by P.L.171-2021, SEC.1.
4-29.5-2-23. “Tribal Chairperson”
Sec. 23. “Tribal Chairperson” means the duly elected Chairperson of the Tribal Council of the Band. As added by P.L.171-2021, SEC.1.
4-29.5-2-24. Amendments and Successor Regulations
Sec. 24. References in this chapter and elsewhere in this Compact to State, Band, or federal laws and regulations include all amendments thereto and any successor laws and regulations that may be enacted or promulgated. As added by P.L.171-2021, SEC.1.
4-29.5-2-3. “City”
Sec. 3. “City” means the City of South Bend, located in St. Joseph County, Indiana, an Indiana municipal corporation. As added by P.L.171-2021, SEC.1.
4-29.5-2-4. “Class Iii Gaming”
Sec. 4. “Class III gaming” means all forms of gaming authorized by this Compact, which are neither Class I nor Class II gaming, as such terms are defined in IGRA 2703(6) and (7). Only those forms of Class III gaming authorized by this Compact may be offered by the Band pursuant to this Compact. As […]