reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-19.1 - Denial of application--Reapplication.

42-7B-19.1. Denial of application--Reapplication.
Any applicant for a license who has had his application denied by the commission may not reapply until at least one year has elapsed from the date of the denial. Any person who has been denied a license for a second time may not reapply until at least three years have passed since the date of the second denial.
Source:
SL 1990, ch 343, §7.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-19.2 - Investigation of license applicant--Failure to allow.

42-7B-19.2. Investigation of license applicant--Failure to allow.
In order to assist in determining the applicant's suitability pursuant to §42-7B-19, the applicant shall be fingerprinted and such fingerprints shall be forwarded to the Federal Bureau of Investigation identification division for a national criminal records check. By signing and filing an application for a license, which is hereby made subject to the perjury laws of this state, the applicant authorizes the commission to obtain information from any source, public or private, in this or any other country regarding the background or conduct of the applicant or any of its stockholders, lenders, holders of evidence of indebtedness, underwriters, executives, officers, directors, partners, agents, or employees. The applicant's failure to allow investigation into his background or to disclose all information as requested by the commission is grounds for denial of the license.
Source:
SL 1993, ch 321, §4.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-20 - Holding license by certain persons prohibited.

42-7B-20. Holding license by certain persons prohibited.
No officer, agent, or employee of the commission may hold a license under this chapter. No officer, agent, or employee of the law enforcement departments of Lawrence County, the City of Deadwood, or the State of South Dakota may hold a license under this chapter. This prohibition applies to the commission and all of its employees and all law enforcement officials and officers. No licensee may employ any person in any capacity directly related to the licensee's gaming activities while that person is in the employment of a law enforcement agency or the commission.
Source:
SL 1989, ch 374, §18.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-21 - Application fee and form.

42-7B-21. Application fee and form.
The commission may establish an application fee which includes the cost of investigation and administration and is nonrefundable. The amount of the application fee may vary with the type of license or game for which application is made and with the type of applicant. The application form promulgated by the commission shall include a waiver of any right of confidentiality and allow access to law enforcement records of this or any other state, the government of any foreign country, or any Indian tribe. The waiver of confidentiality extends to any financial or personnel record wherever maintained.
Source:
SL 1989, ch 374, §19; SL 2015, ch 218, §8.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-22 - Licenses--Fees--Renewal--Violation as felony.

42-7B-22. Licenses--Fees--Renewal--Violation as felony.
The commission may issue the following types of licenses that are required to conduct gaming under this chapter:
(1)Slot machine manufacturer or distributor license. The license fee is one thousand dollars and thereafter an annual fee renewable July first of each year in the sum of two hundred fifty dollars. A slot machine manufacturer or distributor may not be licensed as a route operator, operator, or retailer;
(2)Operator license. The license fee is one thousand dollars and thereafter an annual fee renewable July first of each year of two hundred dollars;
(3)Retail license. The license fee is two hundred fifty dollars and thereafter an annual fee renewable July first of each year of one hundred dollars;
(4)Support license. The license fee is fifty dollars and thereafter an annual fee renewable January first of each year of twenty-five dollars. This license is required by all persons seeking employment in the field of gaming;
(5)Key employee license. The license fee is one hundred fifty dollars and thereafter an annual fee renewable January first of each year of seventy-five dollars;
(6)Route operator license. The license fee is one thousand dollars and thereafter an annual fee renewable July first of each year of two hundred dollars. Each route operator shall also hold a valid operator license;
(7)Gaming property owner license. The license fee is two hundred fifty dollars and thereafter an annual fee renewable July first of each year of one hundred dollars;
(8)Associated equipment manufacturer or distributor license. The license fee is five hundred dollars and thereafter an annual fee renewable July first of each year of two hundred fifty dollars; and
(9)Sports wagering services provider license. The license fee is two thousand dollars and thereafter an annual fee renewable July first of each year of two thousand dollars.
Conducting gaming without the appropriate license is a Class 6 felony.
Source:
SL 1989, ch 374, §20; SL 1990, ch 343, §16; SL 1993, ch 320, §8 rejected by referendum held September 14, 1993; SL 1995, ch 245, §6; SL 1996, ch 257, §1; SL 2010, ch 212, §2; SL 2018, ch 257, §1; SL 2021, ch 189, § 6.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-22.1 - Licensing of key employee may be required--Grounds--Time limit for response from employee--Written request to review status as key employee.

42-7B-22.1. Licensing of key employee may be required--Grounds--Time limit for response from employee--Written request to review status as key employee.
If it is the judgment of the commission that the public interest will be served by requiring a key employee to be licensed, the commission shall serve notice of the determination upon the licensee who employs the key employee. The commission is not restricted by the title of the job performed by the key employee but may consider the functions and responsibility of the key employee in making its decision. Grounds for requiring licensing of a key employee include:
(1)Whether the key employee is new to the gaming industry, to the particular gaming establishment, the position, or the level of influence or responsibility which he has, and whether the commission has insufficient or outdated information concerning his character, background, reputation, or association; or
(2)Whether information has been received by the commission or the executive secretary which, if true, would constitute grounds for a finding of unsuitability.
The licensee shall, within thirty days following receipt of the notice of the commission's determination, present the application for licensing of the key employee to the commission or provide documentary evidence that the key employee is no longer employed by the licensee. Failure of the licensee to respond as required by this section is grounds for disciplinary action.
A person subject to application for licensing as a key employee as required by this section may request the commission, in writing, to review its determination of that individual's status within the gaming organization. If the commission determines that the person is not a key employee or that the public interest does not require his licensing as a key employee, he shall be allowed to withdraw his application and continue in his employment. The request of the key employee applicant for review of his status does not stay the obligation of the licensee to present the key employee's application within the thirty-day period prescribed by this section. The provisions of chapter 1-26 do not apply to this section.
Source:
SL 1990, ch 343, §29.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-23 - Annual license stamp fee--Transfer of license stamp.

42-7B-23. Annual license stamp fee--Transfer of license stamp.
There is imposed a nonrefundable license stamp fee upon each gaming device located on a licensed premises. The annual fee for this stamp is two thousand dollars. The license stamp expires July first of each year. All license stamp fees shall be paid directly to the commission on forms adopted by the commission. The commission may approve the transfer of a license stamp to another gaming device or to another operator without requiring the payment of an additional fee.
Source:
SL 1989, ch 374, §21; SL 1993, ch 321, §5.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-24 - License revocable--Not transferable.

42-7B-24. License revocable--Not transferable.
Any license that is issued under this chapter is revocable, is not transferable, and no person holding a license acquires any vested interest or property right in the license.
Source:
SL 1989, ch 374, §22.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-25 - Qualifications for license as operator, gaming property owner, retailer, or provider.

42-7B-25. Qualifications for license as operator, gaming property owner, retailer, or provider.
Before any person is licensed as an operator, gaming property owner, route operator, retailer, or sports wagering services provider, the person shall show that the person is of good moral character, and if an individual, that the individual is at least twenty-one years of age.
Source:
SL 1989, ch 374, §23; SL 1993, ch 321, §6; SL 1995, ch 245, §7; SL 2010, ch 212, §3; SL 2021, ch 189, § 7.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-25.1 - Internal control procedure for particular licensee may be established.

42-7B-25.1. Internal control procedure for particular licensee may be established.
The commission may establish an internal control procedure limited to a particular licensee including accounting procedures, reporting procedures, and personnel policies.
Source:
SL 1990, ch 343, §9.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-27 - Employee support license--Qualifications.

42-7B-27. Employee support license--Qualifications.
Any person employed by a retail licensee, operator, route operator, sports wagering services provider, slot machine manufacturer or distributor, associated equipment manufacturer or distributor, or as a card dealer, floor supervisor, or other gaming employee as determined by the commission, shall have a current valid support license. Any person seeking a support license shall be a person of at least twenty-one years of age, and of good moral character. The commission may deny a support license to any person discharged for cause by any licensed gaming establishment in this or any other country.
Source:
SL 1989, ch 374, §25; SL 1995, ch 245, §8; SL 2015, ch 218, §9; SL 2021, ch 189, § 8.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-28 - Gaming tax.

42-7B-28. Gaming tax.
There is hereby imposed an eight percent gaming tax on the adjusted gross proceeds of gaming allowed by this chapter.
Source:
SL 1989, ch 374, §26; SL 1990, ch 344, §1; SL 1991, ch 100, §3; SL 1994, ch 331, §1; SL 1995, ch 246, §3.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-28.1 - Additional tax on gaming proceeds.

42-7B-28.1. Additional tax on gaming proceeds.
In addition to the gaming tax imposed by §42-7B-28, there is hereby imposed an additional one percent tax on the adjusted gross proceeds of gaming allowed by this chapter. The tax shall be paid to the commission and transferred to the general fund on a monthly basis notwithstanding the provisions of §§42-7B-48 and 42-7B-48.1.
Source:
SL 2009, ch 217, §1.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-28.2 - Calculation of adjusted gross proceeds.

42-7B-28.2. Calculation of adjusted gross proceeds.
When calculating adjusted gross proceeds for the purpose of applying the tax imposed by §§42-7B-28 and 42-7B-28.1:
(1)Free play value provided by the operator is not included in the gross proceeds;
(2)Cash prizes deducted are adjusted to not include an amount equal to ninety percent of the free play value provided by the operator; and
(3)The federal excise tax on sports wagers imposed by 26 U.S.C. §4401 (1982) is a deduction from the adjusted gross proceeds.
Source: SL 2015, ch 219, §1; SL 2022, ch 162, §1.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-29 - Return and remittance--Forms furnished by secretary.

42-7B-29. Return and remittance--Forms furnished by secretary.
Not later than fifteen days following the end of each month, each gaming licensee shall make a return and remittance to the executive secretary on forms prescribed and furnished by the executive secretary. The executive secretary may grant an extension of not more than five days for filing a return and remittance. Unless an extension is granted, penalty or interest under §42-7B-31 shall be paid if a return or remittance is not made on time.
Source:
SL 1989, ch 374, §26A; SL 1990, ch 343, §18.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-30 - Violations of taxation provisions punishable as felony or misdemeanor.

42-7B-30. Violations of taxation provisions punishable as felony or misdemeanor.
Any person who:
(1)Makes any false or fraudulent return in attempting to defeat or evade the tax imposed by this chapter guilty of a Class 6 felony;
(2)Fails to pay tax due under this chapter within thirty days from the date the tax becomes due is guilty of a Class 1 misdemeanor;
(3)Fails to file a return required by this chapter within thirty days from the date the return is due is guilty of a Class 1 misdemeanor;
(4)Violates either subdivision (2) or subdivision (3) two or more times in any twelve-month period is guilty of a Class 6 felony.
For purposes of this section "person" includes corporate officers having control, supervision of or charged with the responsibility for making tax returns or payments pursuant to this chapter.
Source:
SL 1989, ch 374, §26B.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-31 - Failure to file--Penalties.

42-7B-31. Failure to file--Penalties.
Any person required to file returns or reports under this chapter, who fails to file a return or report which includes all taxable transactions within fifteen days following the date the return or report is due is subject to an additional amount, assessed as a penalty, equal to fifteen percent of the tax or ten dollars whichever is greater. However, for reasonable cause shown, the executive secretary may reduce or eliminate such penalty. Any person subject to tax under this chapter who fails to pay the tax within the time prescribed is subject to an interest charge of two percent per month or part thereof for which the payment is late or five dollars whichever is greater. Penalty and interest are considered the same as tax for the purposes of collection and enforcement including liens, distress warrants and criminal violations. Any payment received for taxes, penalty, or interest is applied first to tax, beginning with the oldest delinquency, then to interest and then to penalty. The executive secretary may, upon application of the taxpayer, establish a maximum interest rate of thirty-six percent upon delinquent taxes if the executive secretary determines that the delinquent payment was caused by a mistake of law and was not caused by an intent to evade the tax.
Source:
SL 1989, ch 374, §26C; SL 1990, ch 343, §18A.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-32 - Suspension or revocation of license--Grounds--Reprimand or monetary penalty.

42-7B-32. Suspension or revocation of license--Grounds--Reprimand or monetary penalty.
Any license granted pursuant to this chapter may be suspended or revoked for any cause that may have prevented its issuance, or for violation by the licensee, or any officer, director, agent, member, or employee of the licensee, of this chapter or any rule adopted by the commission or for conviction of a crime of moral turpitude or a felony, after notice to the licensee and a hearing, upon grounds determined adequate by the commission. In addition to revocation or suspension or in lieu of revocation or suspension, the commission may impose a reprimand or a monetary penalty for each offense not to exceed the following amounts:
(1)If the licensee is a slot machine manufacturer or distributor, two hundred fifty thousand dollars;
(2)If the licensee is an operator, associated equipment manufacturer or distributor, or a sports wagering services provider, one hundred thousand dollars;
(3)If the licensee is a retailer or gaming property owner, twenty-five thousand dollars;
(4)If the licensee is a key employee, five thousand dollars; and
(5)If the licensee has a support license, two thousand five hundred dollars.
Any monetary penalty received by the commission under this section shall be deposited in the gaming commission fund established by §42-7B-48 and is to be used solely for the purposes prescribed by subdivision 42-7B-48(2) and is not subject to the provisions of subdivision 42-7B-48(3).
Source:
SL 1989, ch 374, §27; SL 1990, ch 343, §27; SL 2010, ch 212, §4; SL 2015, ch 220, §1; SL 2019, ch 192, §3; SL 2021, ch 189, § 9.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-33 - Person involved as manufacturer, distributor, operator, retailer, gaming property owner, provider, key employee, or support licensee--Qualifications.

42-7B-33. Person involved as manufacturer, distributor, operator, retailer, gaming property owner, provider, key employee, or support licensee--Qualifications.
Any person, any stockholder owning five percent or more of any corporation or limited liability company, and any officer or director, or any partner in any partnership involved as a manufacturer, distributor, operator, retailer, gaming property owner, or sports wagering services provider, or key employee or support licensee involved with the conduct of gaming shall be:
(1)A person of good character, honesty, and integrity;
(2)A person whose prior activities, criminal record, reputation, habits, and associations do not pose a threat to the public interests of this state or to the control of the gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of gaming or the carrying on of the business and financial arrangements incidental to the conduct of gaming; and
(3)A person who has not entered a plea of guilty or nolo contendere to a felony charge or has not been convicted of a felony in this or any other jurisdiction, has not been found to have violated the provisions of this chapter or any rule adopted pursuant to this chapter, and has not knowingly made a false statement of material facts to the commission or its legal counsel.
Source:
SL 1989, ch 374, §28; SL 1990, ch 343, §19; SL 1995, ch 245, §9; SL 2010, ch 212, §5; SL 2019, ch 192, §4; SL 2021, ch 189, § 10.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-35 - Age of participants--Violation as misdemeanor.

42-7B-35. Age of participants--Violation as misdemeanor.
Any participant in any gaming shall be twenty-one years or older. No licensee may permit any person who is less than twenty-one years of age to participate in any gaming. A violation of this section by a participant is a Class 1 misdemeanor and a violation by a licensee is a Class 1 misdemeanor and may form the basis for revocation of a retail license.
Source:
SL 1989, ch 374, §30; SL 1990, ch 343, §31; SL 2015, ch 218, §10.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-36 - Minimum payback value of credit.

42-7B-36. Minimum payback value of credit.
The minimum payback value of one credit played on a slot machine shall be at least eighty percent of the value of the credit.
Source:
SL 1989, ch 374, §31; SL 1995, ch 245, §10.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-37 - Exemption from federal law.

42-7B-37.Exemption from federal law.
Pursuant to section 2 of an act of Congress of the United States entitled "An Act to prohibit transportation of gambling devices in interstate and foreign commerce," approved January 2, 1951, designated 15 U.S. C. §§1171 to 1177, inclusive, and in effect January 1, 1989, the State of South Dakota acting by and through its elected and qualified members of its Legislature, does hereby, and in accordance with and in compliance with the provisions of section 2 of the act of Congress, declare and proclaim that it is exempt from the provisions of section 2 of that act of Congress of the United States as above mentioned, as regards gaming devices legally operated, used, repaired, stored, or transported within the state.
Source:
SL 1989, ch 374, §32; SL 1996, ch 258, §1.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-38 - Shipments of devices and machines deemed legal.

42-7B-38.Shipments of devices and machines deemed legal.
All shipments of gaming devices, including slot machines, into and within this state, the registering, recording, and labeling of which has been duly had by the manufacturer or dealer thereof in accordance with sections 3 and 4 of an act of Congress of the United States entitled "An Act to prohibit transportation of gambling devices in interstate and foreign commerce," approved January 2, 1951, designated as 15 U.S. C. §§1171 to 1177, inclusive, and in effect on January 1, 1989, shall be deemed legal shipments thereof, when transported into or within the state to any manufacturer, distributor, operator, retailer, or route operator legally licensed pursuant to this chapter or by compact.
Source:
SL 1989, ch 374, §33; SL 1995, ch 245, §11; SL 1996, ch 258, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-39 - Shipping records required to be maintained--Report by recipient--Transport out of state--Violation as felony.

42-7B-39. Shipping records required to be maintained--Report by recipient--Transport out of state--Violation as felony.
Any slot machine manufacturer or distributor shipping a slot machine into the State of South Dakota shall maintain for a period of at least five years from the time of shipment, the following records: a copy of the shipping invoice including at least the destination and the serial number of each machine and a description of each machine. Any person within the State of South Dakota receiving a slot machine shall maintain for a period of at least five years from the time of receipt the following records: information showing at least the location of each machine, its serial number, and description. This report shall be completed and maintained regardless of whether the machine is received from a manufacturer or any other person. Any machine licensed pursuant to this chapter shall be licensed for a specific location and movement of the machine from that location shall be reported to the commission within twenty-four hours. If the machine is to be transported out of the State of South Dakota, the movement of the machine shall be recorded and maintained by the licensee for not less than five years from the time of movement. Possession of an unapproved device is a Class 6 felony. Any slot machine not in compliance with this chapter is declared contraband and may be summarily seized and destroyed after notice and hearing.
Source:
SL 1989, ch 374, §34; SL 1993, ch 321, §9; SL 1997, ch 245, §1.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-39.1 - Shipping records delivered to commission.

42-7B-39.1. Shipping records delivered to commission.
Any person or custodian in possession of any records required to be maintained by §42-7B-39 shall deliver the records to the commission or its executive secretary upon request.
Source:
SL 1997, ch 245, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-39.2 - Destruction of seized slot machine.

42-7B-39.2. Destruction of seized slot machine.
Any slot machine seized pursuant to the provisions of §42-7B-39 may be destroyed after notice and without hearing if the person from whom the slot machine was seized fails to appear at the time and place scheduled in the hearing notice.
Source:
SL 2015, ch 220, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-40 - Licensed employee twenty-one years or older required on premises.

42-7B-40. Licensed employee twenty-one years or older required on premises.
Any retail licensee under this chapter shall have at least one licensed employee that is at least twenty-one years of age on the premises or within a contiguous premises in full view and control of any gaming operated on the premises. The commission shall adopt rules, pursuant to chapter 1-26, to establish the number of employees required to monitor the premises. The rules may also authorize the use of electronic devices or other types of monitoring equipment.
Source:
SL 1989, ch 374, §35; SL 1995, ch 245, §12; SL 1998, ch 263, §1; SL 2015, ch 218, §11.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-41 - False statement or records--Failure to keep books and records--Violations as felony.

42-7B-41. False statement or records--Failure to keep books and records--Violations as felony.
Any person who knowingly makes a false statement in any application for a license or in any statement attached to the application, fails to keep books and records to substantiate the receipts, expenses, or uses resulting from gaming conducted under this chapter as prescribed in rules promulgated by the commission, or who falsifies any books or records so as the books or records relate to any transaction connected with the holding, operating, and conducting of any gaming is guilty of a Class 6 felony.
Source:
SL 1989, ch 374, §36; SL 1993, ch 321, §10; SL 1995, ch 245, §13; SL 2021, ch 189, § 11.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-42 - Unlawful acts by participants--Felony.

42-7B-42. Unlawful acts by participants--Felony.
It is unlawful for any person playing or conducting any authorized game of chance, conducted by a licensee to:
(1)Use bogus or counterfeit chips, tokens, devices, coins, tickets, cards, dice, roulette balls, or any other item of artificial value;
(2)Employ or have on one's person any cheating device to facilitate cheating in any game of chance;
(3)Use any fraudulent scheme or technique; or
(4)Have located on the premises equipment for gaming that is not licensed by the commission pursuant to this chapter except any equipment exempted by the commission, this chapter, or other statutes.
A violation of this section is a Class 5 felony.
Source:
SL 1989, ch 374, §37; SL 1990, ch 343, §20; SL 1995, ch 245, §14; SL 2015, ch 218, §12; SL 2018, ch 256, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-43 - Slot machines and wagering equipment--Security and audit specifications.

42-7B-43. Slot machines and wagering equipment--Security and audit specifications.
All slot machines, associated equipment, and devices or equipment to conduct sports wagering, allowed under this chapter, shall have the security and audit specifications established in rules adopted by the commission.
Source:
SL 1989, ch 374, §38; SL 1990, ch 343, §21; SL 2018, ch 256, §3; SL 2021, ch 189, § 12.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-44 - Expenditure of public funds for purchase of certain machines--Proceeds--Placement.

42-7B-44. Expenditure of public funds for purchase of certain machines--Proceeds--Placement.
The City of Deadwood may expend public funds for the purchase of five-cent or less slot machines and may own or lease no more than fifty five-cent or less slot machines to be placed within the city. The machines shall be licensed and stamped by the commission; however, no license stamp fee applies to these machines. The net proceeds generated by the operation of these machines minus lease or purchase payments shall be deposited in the South Dakota commission fund. The City of Deadwood may contract for these machines and these machines may only be placed in a retail licensed business.
Source:
SL 1989, ch 374, §39; SL 1990, ch 343, §22; SL 2009, ch 218, §1.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-45 - Extension of credit prohibited--Violation as felony.

42-7B-45. Extension of credit prohibited--Violation as felony.
No licensed gaming establishment, licensee acting within the scope of employment as a licensee, or employee of a licensed gaming establishment acting within the scope of the employee's employment may extend credit to another person for participation in gaming. A violation of this section is a Class 6 felony.
Source:
SL 1989, ch 374, §40; SL 1995, ch 245, §16; SL 2021, ch 189, § 13.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-46 - Historic restoration and preservation fund created.

42-7B-46. Historic restoration and preservation fund created.
There is hereby created within the City of Deadwood a special fund to be known as the historic restoration and preservation fund. The Deadwood city commission shall appropriate amounts from this fund, remaining in any fiscal year after provision for the requirements of any revenue bonds issued under §42-7B-54, to the Historic Preservation Commission established pursuant to chapter 1-19B which may expend those funds for loans, grants and purchases in the manner and for the purposes set out in chapter 1-19B and according to standards established by the State Historical Society Board of Trustees.
Source:
SL 1989, ch 374, §41; SL 1990, ch 344, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-47 - Gaming exempt from certain statutes.

42-7B-47. Gaming exempt from certain statutes.
Gaming is exempt from §§53-9-2, 22-25-13, and 22-25-14 and all other acts in conflict with this chapter.
Source:
SL 1989, ch 374, §42; SL 2021, ch 189, § 14.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-48 - South Dakota Gaming Commission fund established--Disbursements.

42-7B-48. South Dakota Gaming Commission fund established--Disbursements.
There is established within the state treasury the South Dakota Gaming Commission fund, into which shall be deposited the proceeds from the gaming tax, license stamp fees, license fees, application fees, the net proceeds generated by the operation of the five-cent slot machines, and the initial fund is continuously appropriated for the purposes specified in this section. All funds received by the commission shall be set forth in an informational budget as described in §4-7-7.2 and be annually reviewed by the Legislature. Any disbursement from the Gaming Commission fund shall be by authorization of the executive secretary for any of the following purposes:
(1)Forty percent of the gaming tax collected shall be transferred to the tourism promotion fund created in §1-52-17, and ten percent of the gaming tax collected shall be paid to Lawrence County;
(2)The expenses of the commission for administration and operation including litigation and enforcement of this chapter and chapter 42-7 and for grants as provided by §42-7B-48.3; and
(3)All funds remaining after the payments provided in subdivisions (1) and (2), less one hundred thousand dollars which shall be transferred to the historical preservation loan and grant fund created in §1-19A-13.1 constitute the net municipal proceeds and shall be disbursed at least quarterly to the City of Deadwood for deposit in the historic restoration and preservation fund.
Source:
SL 1989, ch 374, §43; SL 1991, ch 349, §38; SL 1993, ch 320, §12 rejected by referendum held September 14, 1993; SL 1994, ch 332, §1; SL 2006, ch 222, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-48.1 - Distribution of funds following payment to City of Deadwood.

42-7B-48.1. Distribution of funds following payment to City of Deadwood.
Disbursements from the Gaming Commission fund shall be as set forth in §42-7B-48 until such time as the net municipal proceeds paid to the City of Deadwood equals six million eight hundred thousand dollars for each year, and after payment of commission expenses pursuant to subdivision 42-7B-48(2), and after payment of one hundred thousand dollars to the State Historical Preservation Grant and Loan fund pursuant to subdivision 42-7B-48(3). Thereafter, all remaining funds shall be distributed as follows:
(1)Seventy percent to the state general fund;
(2)Ten percent to be distributed to municipalities in Lawrence County, except the City of Deadwood, pro rata according to their population;
(3)Ten percent to be distributed to school districts, pro rata based upon the previous year's average daily membership, located in whole or in part, in Lawrence County. For any school district located only partly in Lawrence County, only that portion of the district's average daily attendance which represents students residing in Lawrence County shall be considered in calculating the proration required by this subdivision; and
(4)Ten percent to the City of Deadwood for deposit in the historic restoration and preservation fund.
Source:
SL 1995, ch 246, §1; SL 2021, ch 49, § 17.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-48.2 - General state aid to school districts reduced by payments from Gaming Commission fund.

42-7B-48.2. General state aid to school districts reduced by payments from Gaming Commission fund.
Payments received by a school district in accordance with subdivision 42-7B-48.1(3), shall reduce on a dollar for dollar basis any general state aid otherwise payable to the school district. However, no state aid payments received by a school district pursuant to §§13-13-82 and 13-13-83 may be included in that reduction.
Source:
SL 1995, ch 246, §2; SL 2008, ch 79, §4.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-48.3 - Gaming addiction treatment and counseling program grants from Gaming Commission fund.

42-7B-48.3. Gaming addiction treatment and counseling program grants from Gaming Commission fund.
The commission may grant an amount not to exceed thirty thousand dollars each fiscal year from the Gaming Commission fund to the Department of Social Services to fund gaming addiction treatment and counseling programs in the state.
Source:
SL 2006, ch 222, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-49 - Acceptance and expenditure of funds by commission.

42-7B-49. Acceptance and expenditure of funds by commission.
The South Dakota Gaming Commission may accept and expend for the purpose of this chapter and chapter 42-7, in addition to the amount in SL 1989, ch 374, §43A, any funds obtained from federal sources, gifts, contributions, or any other source if such acceptance and expenditure is approved in accordance with §4-8B-10.
Source:
SL 1989, ch 374, §43B; SL 1991, ch 349, §39.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-50 - Payment of expenditures.

42-7B-50. Payment of expenditures.
Expenditures authorized by this chapter and chapter 42-7 shall be paid on warrants drawn by the state auditor on vouchers approved by the executive secretary of the South Dakota Gaming Commission.
Source:
SL 1989, ch 374, §43C; SL 1991, ch 349, §40.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-52 - Taxes and fees to support identified entities.

42-7B-52. Taxes and fees to support identified entities.
Notwithstanding any other provision of law to the contrary, the taxes and fees provided in this chapter shall go into effect to support the entities identified in this chapter.
Source:
SL 1989, ch 374, §43E.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-53 - Statement of public policy--Equipment not subject to certain exclusive agreements.

42-7B-53. Statement of public policy--Equipment not subject to certain exclusive agreements.
It is the public policy of this state that gaming equipment authorized and approved by the commission may not be subject to any exclusive agreements entered prior to March 15, 1989.
Source:
SL 1989, ch 374, §43F.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-54 - Anticipatory revenue bonds.

42-7B-54. Anticipatory revenue bonds.
The City of Deadwood may issue revenue bonds in anticipation of the receipt of net municipal proceeds as provided in subdivision 42-7B-48(3). The proceeds of the sale of such revenue bonds shall be deposited in the Deadwood historic restoration and preservation fund and used for the purposes thereof. The revenue bonds shall be payable solely from the net municipal proceeds, and the city shall, in the ordinance or resolution authorizing the revenue bonds, irrevocably pledge and appropriate so much of the net municipal proceeds received by the city as may be necessary for the payment of the revenue bonds and the restoration of any reserves established in connection with the bonds. The principal amount of any issue of revenue bonds may not exceed the sum of the estimated capital needs of the historic restoration and preservation fund for the current and next three succeeding fiscal years of the city, a debt service reserve fund not exceeding the maximum annual debt service on the issue, the premium for bond insurance or other credit enhancement for the issue and the estimated cost of issuance of the revenue bonds. The revenue bonds shall be authorized, issued and sold as provided in chapter 6-8B, except that no election is required to authorize the issuance of the bonds.
Source:
SL 1990, ch 344, §3; SL 2021, ch 49, § 18.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-55 - Certain gambling statutes not applicable.

42-7B-55. Certain gambling statutes not applicable.
Sections 21-6-1, 21-6-2, and 53-9-2 do not apply to authorized gaming and lotteries.
Source:
SL 1990, ch 343, §1.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-56 - Appointment of commission employee as law enforcement officer.

42-7B-56. Appointment of commission employee as law enforcement officer.
The commission may appoint an employee to be a law enforcement officer pursuant to §23-3-27. Any person appointed as a law enforcement officer under this section shall qualify, become certified and remain certified pursuant to law. The commission may revoke the appointment at any time.
Source:
SL 1990, ch 343, §3.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-57 - Commission use of unmarked vehicles.

42-7B-57. Commission use of unmarked vehicles.
The commission may exempt certain of its motor vehicles from the provisions of §§32-5-43 and 32-5-44 in order to provide unmarked vehicles to its employees and agents.
Source:
SL 1990, ch 343, §4.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-58 - Records--Confidentiality--Exception for official purposes and tax purposes.

42-7B-58. Records--Confidentiality--Exception for official purposes and tax purposes.
Information and records of the Commission on Gaming enumerated by this section are confidential and may not be disclosed except pursuant to a court order. No person may use a subpoena, discovery, or other applicable statutes to obtain such information or records. Information and records considered confidential include:
(1)Tax returns of individual licensees;
(2)Applications, credit, medical, and security reports of applicants for licensees and other persons seeking or doing business with the commission;
(3)Marketing, financial, or sales data the disclosure of which may be harmful to the competitive position of Deadwood gaming, its retailers, licensees, or persons seeking or doing business with the commission;
(4)Audit work papers, worksheets, and auditing procedures used by the commission, its agents, or employees; and
(5)Information gathered pursuant to §42-7B-9.1.
This section does not apply to requests for such information or records from the Governor; attorney general; the state's attorney of Lawrence County; officers, employees, or legal representatives of the Department of Revenue for the purpose of and only to the extent necessary in the investigation and audit procedures authorized by Title 10; law enforcement officers of any other municipality or state or federal agency or department for a law enforcement activity if the head of that agency or department requesting such information makes a written request to the executive secretary specifying the particular information requested and specifying the law enforcement activity for which the information is sought; or the use of such information or records by the executive secretary or commission for official purposes.
This section may not be construed to make confidential the aggregate tax collections during any reporting period, the names and businesses of licensees, or figures showing the aggregate amount of money bet during any reporting period.
Source:
SL 1990, ch 343, §5; SL 1992, ch 70, §3; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-59 - Certain communications between commission and secretary privileged and confidential.

42-7B-59. Certain communications between commission and secretary privileged and confidential.
Communications between the commission and the executive secretary relating to licensing, disciplining of licensees, or violations by licensees are privileged and confidential if made lawfully and in the course of and in furtherance of the business of the commission on gaming, except pursuant to court order after an in-camera review. The executive secretary, the commission, or any member of the commission may claim this privilege.
Source:
SL 1990, ch 343, §8.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-60 - Exclusion or ejection of certain persons from gaming establishments necessary.

42-7B-60. Exclusion or ejection of certain persons from gaming establishments necessary.
The Legislature hereby declares that the exclusion or ejection of certain persons from licensed gaming establishments is necessary to carry out the policies of this chapter and to maintain effectively the strict regulation of licensed gaming.
Source:
SL 1990, ch 343, §24.