Any person or entity who is going to be employed by the franchise holder in a position which includes any of the following responsibilities or powers, independently of the title, shall obtain a key employee license where they have authority to develop or administer policy or long-range plans or to make discretionary decisions related to the operation of the franchise holder, they shall be considered a key employee licensee and shall include, but not be limited to, any person or entity who:

1. (1) Functions as an officer of the franchise holder;
2. (2) Functions as a facility manager for a franchise holder or director;
3. (3) Functions as EGS gaming department manager;
4. (4) Functions as director of surveillance;
5. (5) Functions as director of security;
6. (6) Functions as controller;
7. (7) Functions as an audit department executive;
8. (8) Functions as the manager of the MIS (Management Information Systems) department or of any information system of a similar nature;
9. (9) Manages a marketing department;
10. (10) Functions as assistant manager;
11. (11) Manages the EGS gaming administrative operations;
12. (12) Functions as a general manager;
13. (13) Functions as chief financial officer of the franchise holder; and

14. (14)

    1. (A) Any other person who has the ability to direct, control, or manage the operations or who has discretionary authority over the franchise holder’s decision-making.
    2. (B) Notwithstanding the above, individuals working exclusively for pari-mutuel operations in horse or greyhound racing would not be covered by this part.