As used throughout this subchapter, the following definitions apply:

(1) "Accounting system vendor" means a person who sells or leases an accounting system to a licensed gambling manufacturer, route operator, or gambling operator to be utilized as an approved automated accounting and reporting system, as provided in 23-5-637, MCA.

(2) "Control" means the power to cause or direct management and policies.

(3) "Day" means the period of time, or any portion thereof, between any midnight and the midnight following.

(4) "Dealer" means a person who:

(a) deals playing cards in a card game of panguingue or poker; and

(b) may accept wagers and dispense winnings in a card game of panguingue or poker.

(5) "Financing" means investments, loans, deferred payment agreements for the purchase of real property (or tangible and intangible personal property or past or prospective services), and gifts, except tangible personal property intended and used for decoration or display on the premises.

(6) "Gambling license" means any license issued by the department pursuant to Title 23, chapter 5, MCA.

(7) "Institutional lender" means a person who:

(a) has been authorized under Title 32, chapters 1, 2, 3, and 4, MCA, to receive money on deposit or transact a trust or investment business, including banks, savings and loans, credit unions, investment companies, and development corporations; or

(b) is identified as a regulated lender in 31-1-111, MCA, which, in addition to lenders identified in (7)(a), includes bank holding companies, consumer loan licensees owned by bank holding companies, mutual or stock insurance companies, and federal and state agencies authorized to lend money.

(8) "Lease agreement" means a contract that transfers the right to possess and use of property for a term, in return for consideration. The terms of the lease may not transfer an ownership interest in the licensed gambling operation as defined in this rule.

(9) "Loan" means a written contract by which one delivers a sum of money or other thing of value to another and the latter agrees to return at a future time a sum equivalent to that which he/she borrowed.

(10) "Management agreement" means a contract between the licensee and manager(s). The agreement may not transfer an ownership interest in the licensed operation or limit or relieve the licensee of record from the responsibilities of ownership. Bonuses or bonus-type payments based on job performance are not considered ownership interests if they are provided in conjunction with a reasonable salary base and do not assign or transfer an ownership interest.

(11) "Manager" means a person employed or authorized by the licensee to supervise personnel or business functions of the licensed operation.

(12) "Manufacturer of electronic live bingo or keno equipment" means a person who produces from raw materials or subparts a completed piece of electronic equipment intended for use in the game of live bingo or keno. The term does not include a person who solely installs or connects electronic live bingo or keno equipment on an operator's premises.

(13) "Manufacturer of gambling devices not legal in Montana" means a person who assembles a completed or uncompleted piece of equipment intended for use as a gambling device which is not specifically authorized in Montana but is lawful in another jurisdiction.

(14) "Noninstitutional lender" or "noninstitutional source" means:

(a) a person other than an institutional lender as defined in (7) of this rule; or

(b) a consumer lender who is not a subsidiary of a bank or bank holding company who loans money or supplies financing to an applicant, licensee, or the owner of an applicant or licensee.

(15) "Owner" or "owner of an interest" means a person with a right to share in the profits, losses, or liabilities of a gambling operation. The term "ownership interest" is synonymous with "owner" or "owner of an interest". The term "owner" or "owner of an interest" does not include route operators with a right to share in proceeds from video gambling machines they have leased to location operators. "Owner" or "owner of an interest" includes:

(a) loan guarantors who make actual debt payments for or contribute capital to a gambling operation;

(b) any person whose compensation or contractual rights in relation to the licensed gambling operation are based in whole or part on a percentage of gross or net sales; or

(c) a holding company, defined under this rule as a corporation operated for the purpose of owning the stocks of other corporations and controlling the operations of these corporations.

(16) "Person" means either a natural or an artificial person, and includes all partnerships, corporations, limited liability companies, associations, clubs, fraternal orders, religious organizations, or charitable organizations. A separate person exists when a partner in a partnership changes, any member(s) in a limited liability company changes, any shareholder(s) in a closed corporation changes, or 5% or more of the interest in a publicly traded corporation is transferred to or from a single individual.

(17) "Security interest" means an interest that is reserved or created by an agreement that secures payment or performance of an obligation.

(18) "Stranger to the license" means a person who does not own an interest in the licensed gambling operation.

(19) "Transfer" means to sell, assign, lease, or otherwise convey.

(20) "Working day" means every day except Saturdays, Sundays and all state legal holidays enumerated under 1-1-216, MCA.