Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Internet Gaming › Part 1 - GENERAL PROVISIONS › Section R. 432.611 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 611. As used in these rules:
(a) "Act" means the lawful internet gaming
				  act, 2019 PA 152, MCL 432.301 to MCL 432.322.
(b) "Affiliate" means a person that, directly
				  or indirectly, through 1 or more intermediaries, controls or is controlled by
				  an internet gaming operator.
(c)
				  "Affiliate marketer" means a person involved in promoting, marketing, and
				  directing business to online gaming sites who is compensated based on the
				  volume of customer referrals to an online gaming site or customer activity,
				  including but not limited to, number of registrations, number of depositing
				  registrations, or wagering activity, or both.
(d) "Agent" means any individual who is
				  employed by any agency of this state, other than the board, the state police,
				  or attorney general, and who is assigned to perform full-time services on
				  behalf of or for the benefit of the board regardless of the title or position
				  held by that individual.
(e)
				  "Authorized game" means any internet game that the board determines to be
				  suitable for use for wagering through the internet, which must include, but
				  need not be limited to, poker, blackjack, cards, slots, games played with dice
				  or tiles, or both, such as roulette, craps, pai gow, and other games typically
				  offered at a casino. An authorized game does not include any of the following:
				  pick numbers or other lottery games typically offered by the bureau of lottery
				  under the McCauley-Traxler-Law-Bowman-McNeely lottery act, 1972 PA 239, MCL
				  432.1 to 432.47; a lawful fantasy contest; or any lawful internet sports
				  betting.
(f) "Authorized
				  participant session" means the period of time that an authorized participant is
				  logged on to an internet gaming platform.
(g) "Conflict of interest" means a situation,
				  relationship, or association in which the private interest of employees,
				  agents, and contractors of the board may influence the judgment of the
				  employee, agent, or contractor in the performance of his or her public duty
				  under the act.
(h) "Contractor"
				  means any individual not employed by this state who performs services on behalf
				  of or for the benefit of the board and requires unescorted access to board
				  facilities.
(i) "Excluded person"
				  means any individual who has been involuntarily placed in the responsible
				  gaming database by the executive director and who is prohibited from
				  establishing an internet wagering account or participating in internet
				  wagering, or both, offered under the act or these rules.
(j) "Executive Director" means the executive
				  director of the Michigan gaming control board, appointed under section 4 of the
				  Michigan Gaming Control and Revenue Act, 1996 IL 1, MCL 432.204.
(k) "Game server" means a server that
				  contains game software and control programs.
(l) "Internet gaming network" means the
				  linking of authorized participants of 1 or more Internet gaming operators to
				  participate in peer-to-peer gaming in this state. An internet gaming network
				  does not include linking of authorized participants pursuant to a
				  multijurisdictional internet gaming agreement entered into in accordance with
				  the act.
(m) "Interactive gaming
				  system" means the hardware, software, firmware, communications technology and
				  other equipment that allows an authorized participant to remotely bet or wager
				  through the internet or a similarly distributed networking environment, and the
				  corresponding equipment related to game outcome determination, the display of
				  the game and game outcomes, and other similar information necessary to
				  facilitate play of the game. The internet gaming platform provides the
				  authorized participant with the means to play authorized games. The internet
				  gaming platform provides the internet gaming operator with the means to review
				  internet wagering accounts, disable games, generate various gaming/financial
				  transaction and account reports, input outcomes for live internet games, and
				  set any configurable parameters. The term does not include computer equipment
				  or communications technology used by an authorized participant to access the
				  interactive gaming system. Unless otherwise specified in these rules, the term
				  internet gaming platform includes the entire interactive gaming system
				  inclusive of remote gaming systems.
(n) "Key person" means any of the following
				  except as otherwise provided in paragraph (vii):
(i) A director of the applicant.
(ii) A managerial employee of the applicant
				  that performs the function of principal executive officer, principal operations
				  officer, or principal accounting officer.
(iii) A person who holds more than 5%
				  ownership interest in the applicant.
(iv) An affiliate of the applicant.
(v) A director of an affiliate of the
				  applicant.
(vi) A managerial
				  employee of an affiliate of an applicant that performs the function of
				  principal executive officer, principal operations officer, or principal
				  accounting officer.
(vii) "Key
				  person" does not include an elected or appointed representative of any
				  applicant or licensee that is a federally recognized Indian tribe located in
				  this state unless the representative is also a full-time employee of the
				  applicants or licensees internet gaming operations. A key person for an Indian
				  tribe includes a primary management official of the applicant who has
				  management responsibilities for the applicants internet gaming
				  operations.