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(a) A multiple-beneficiary permittee, and a permittee that engages in pull-tab sales or bingo under a self-directed permit, must designate the person who is its manager of gaming as defined in 15 AAC 160.995, and must notify the department within 10 days of a designation of a new manager of gaming.
(b) Unless the presumption is rebutted by other evidence, an employee of a multiple-beneficiary permittee or a permittee is presumed to be a manager of gaming if the employee is exempt from AS 23.10.050 - 23.10.150 (Alaska Wage and Hour Act) under AS 23.10.055 (9) for reasons other than being a salesman. A multiple-beneficiary permittee's or a permittee's designation of a person as its manager of gaming does not prevent the department from finding a different person to be the actual manager of gaming for the permittee.
(c) In determining who the manager of gaming is, the department will consider the totality of the circumstances, including the person's compensation from all gaming sources, and whether the person is an employee, makes policy, reports to the board of directors, reports to or interacts with the department, acts in a managerial or supervisory capacity, or supervises or evaluates employees who act in a managerial or supervisory capacity.
History: Eff. 1/1/2003, Register 164
Authority: AS 05.15.060
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Last modified 7/05/2006