Section 68IAC3-1-2. Definitions applicable to article

   The following definitions apply throughout this article:

(1) "Broker" means a business entity serving as an intermediary who negotiates contracts of purchase and sale, without assuming any risk of loss.

(2) "Casino licensee" means any riverboat licensee, operating agent, or gambling game licensee under IC 4-35.

(3) "Contract for goods or services, or both" means any consensual obligation, written or oral, executory or executed, between a casino licensee and another party related to the acquisition of, by lease, purchase, or other form, any goods or services. As used in this subdivision, "goods and services" does not include those items excluded from the term under IC 4-33-14-5(a) or IC 4-35-11-6(a).

(4) "Contracting representative" means a contractor or a subcontractor whose participation in the substance of the contract is equivalent to less than twenty percent (20%) of the value of the contract.

(5) "Contractor" means a person, other than a casino licensee, who is a party to a contract for goods or services with a casino licensee.

(6) "Established goals" means the annual goals adopted from time to time by the commission resulting from a statistical analysis of utilization study conducted under IC 4-33-14-5(b) and IC 4-35-11-6(b).

(7) "Owned and controlled" means having all of the following:

(A) Ownership of at least fifty-one percent (51%) of the enterprise, including corporate stock of a corporation.

(B) Control over the management and active in the day-to-day operations of the business.

(C) An interest in the capital, assets, and profits and losses of the business proportionate to the percentage of ownership.

(8) "Participation plan" means an obligation imposed by a casino licensee as part of its purchase with a vendor utilizing certified minority or women's business enterprises for a specified minimum percentage of the value of the purchase.

(9) "Subcontractor" means a person with a contractual relationship with a:

(A) contractor who requires the performance of activity that is directly traceable to fulfillment of the contractor's obligation to a casino licensee; or

(B) subcontractor that calls for performance of activity that is directly traceable through second tier subcontractors to fulfillment of a contractual obligation with a casino licensee.

The term does not include a person who subcontracts a significant portion of the activity to the contractor, a higher tier subcontractor, an affiliate of the contractor, or an affiliate of a higher tier subcontractor.

(Indiana Gaming Commission; 68 IAC 3-1-2; filed Apr 19, 1996, 3:00 p.m.: 19 IR 2248; readopted filed Nov 25, 2002, 10:11 a.m.: 26 IR 1261; filed Oct 1, 2008, 4:17 p.m.: 20081029-IR-068080075FRA; readopted filed Nov 24, 2014, 10:49 a.m.: 20141224-IR-068140402RFA)