reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-37 - Requirements for licensed video lottery machines.

42-7A-37. Requirements for licensed video lottery machines.
Each video lottery machine licensed under this chapter:
(1)Shall offer only games licensed by the South Dakota Lottery and authorized by the commission;
(2)May not have any means of manipulation that affect the random probabilities of winning a video lottery game;
(3)Shall have one or more mechanisms that accept coins, cash in the form of bills, or a ticket voucher. The mechanisms shall be designed to prevent obtaining credits without paying by stringing, slamming, drilling, or other means. If such attempts involve physical tampering, the machine shall suspend itself from operation until reset;
(4)Shall have nonresettable meters housed in any readily accessible locked machine area that keep a permanent record of all cash and ticket vouchers inserted into the machine, all refunds of winnings made by the machine's printer, credits played for video lottery games, and credits won by video lottery players;
(5)Shall be capable of printing a ticket voucher stating the value of the prize for the player at the completion of each video lottery game, the time of day in a twenty-four hour format showing hours and minutes, the date, the machine serial number, the sequential number of the ticket vouchers, and an encrypted validation number from which the validity of the prize may be determined;
(6)Shall have accounting software that keeps an electronic record which includes, but is not limited to, the following: total cash inserted into the machine, total cash value of ticket vouchers inserted into the machine, the value of winning tickets claimed by players, the total video lottery credits played and the total video lottery credits awarded by a video lottery game, and the payback percentage credited players of each video lottery game;
(7)Shall be linked under a central communications system to provide auditing program information as approved by the commission. The communications system shall be installed and all testing conducted no later than December 1, 1989. Until such time, all accounting of machine transactions shall be audited by electronic records maintained by each video lottery machine as required in subdivision (6) of this section. In no event may the communications system approved by the commission limit participation to only one manufacturer of video lottery machines by either the cost in implementing the necessary program modifications to communicate or the inability to communicate with the central communications system. Nothing in this section may be construed as requiring a machine that only offers video lottery games to be on-line or in constant communication with a central computer.
Source: SL 1989, ch 368, §16; SL 2022, ch 161, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-37.1 - Restrictions on licensed establishment.

42-7A-37.1. Restrictions on licensed establishment.
A business licensed pursuant to subdivisions 35-4-2(12) and (16) may not be a licensed establishment for video lottery placement pursuant to subdivision 42-7A-1(6) unless it is a bar or lounge. For the purposes of this section, a bar or lounge is an enterprise primarily maintained and operated for the selling, dispensing, and consumption of alcoholic beverages on the premises and may also include the sale and service of food. A bar or lounge may be physically connected to another enterprise within the same building, which enterprise may be owned or operated by the same person. There may be interior access between a bar or lounge and a connected enterprise. However, there shall be a floor to ceiling opaque wall separation between the two enterprises. A separation wall may be constructed to provide visual and physical access for employees from areas in the building not open to the public. The bar or lounge shall have a separate entrance and exit. A separate entrance and exit is not required if entrance to the bar may only be obtained from the other distinct enterprise and the public may not enter the other enterprise by first passing through the bar or lounge. All video lottery machines shall be adequately monitored during business hours. Adequate monitoring shall be accomplished by the personal presence of an employee or by an employee using video cameras or mirrors and periodic inspections of the bar or lounge. No new license may be issued to any establishment after July 1, 1992, unless such establishment complies with this section. No license may be renewed to any establishment after July 1, 1993, unless such establishment complies with this section.
Source:
SL 1991, ch 351, §§2, 3; SL 1992, ch 304, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-38 - Limit on amount played and awards given.

42-7A-38. Limit on amount played and awards given.
A video lottery machine may not allow more than two dollars to be played on a game or award free games or credits in excess of one thousand dollars per bet. The payback value of one credit shall be at least eighty percent of the value of the credit.
Source:
SL 1989, ch 368, §17; SL 2013, ch 219, §7.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-39 - Display of license for video lottery machine--Confiscation--Violation as felony.

42-7A-39. Display of license for video lottery machine--Confiscation--Violation as felony.
Each video lottery machine shall be licensed by the executive director before placement or operation on the premises of a licensed establishment. Each machine shall have the license prominently displayed thereon. Any machine which does not display the license required by this section is contraband and a public nuisance subject to confiscation by any law enforcement officer. A violation of this section is a Class 6 felony.
Source:
SL 1989, ch 368, §18.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-40 - Examination of video lottery machines--Costs paid by manufacturer--Contract for examination.

42-7A-40. Examination of video lottery machines--Costs paid by manufacturer--Contract for examination.
The South Dakota Lottery shall examine prototypes of video lottery machines and associated equipment of manufacturers seeking a license as required in this chapter. The South Dakota Lottery may require the manufacturer seeking the examination and approval of a video lottery machine or associated equipment to pay the anticipated actual costs of the examination in advance and, after the completion of the examination, shall refund overpayments or charge and collect amounts sufficient to reimburse the South Dakota Lottery. The South Dakota Lottery may contract for the examination of video lottery machines and associated equipment as required by this section.
Source:
SL 1989, ch 368, §19; SL 2013, ch 219, §8.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-41 - Video lottery machine manufacturer, distributor, operator, and establishment licenses required--Fees.

42-7A-41. Video lottery machine manufacturer, distributor, operator, and establishment licenses required--Fees.
Each video lottery machine manufacturer, distributor, operator, and licensed establishment shall be licensed by the executive director before any video lottery machine or associated equipment is manufactured, distributed, sold, or placed for public use in this state. The commission shall, by rule promulgated pursuant to chapter 1-26, establish an annual fee for each license not to exceed the following:
(1)Video lottery machine manufacturer--$5,000;
(2)Video lottery machine distributor--$5,000;
(3)Video lottery machine operator--the greater of $1,000 or $100 per machine licensed; and
(4)Video lottery establishment--$100.
In addition to the annual license fees, the executive director may charge a one-time license application fee not to exceed fifty dollars. All fees collected pursuant to this section shall be deposited in the video lottery operating fund created by §42-7A-41.1. All licenses issued by the South Dakota Lottery under this section are renewable annually unless sooner cancelled or terminated. No license issued under this section is transferable or assignable.
Source:
SL 1989, ch 368, §20; SL 1990, ch 341, §8; SL 1990, ch 342, §1.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-41.1 - Video lottery operating fund established.

42-7A-41.1. Video lottery operating fund established.
There is created in the state treasury the video lottery operating fund, into which shall be deposited the fees imposed pursuant to §42-7A-41 and one-half of one percent of net machine income.
Source:
SL 1990, ch 342, §2; SL 1991, ch 353, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-41.2 - Posting video lottery odds required.

42-7A-41.2. Posting video lottery odds required.
The odds of winning each video lottery game shall be posted on or near each video lottery machine. The manner in which the odds are calculated and how they are posted shall be established by the commission by rule promulgated pursuant to chapter 1-26.
Source:
SL 1991, ch 354.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-42 - Multiple types of licenses prohibited.

42-7A-42. Multiple types of licenses prohibited.
A video lottery machine manufacturer may not be licensed as a video lottery machine operator or own, manage, or control a licensed establishment. A video lottery machine distributor may not be licensed as a video lottery machine operator or own, manage, or control a licensed establishment. A video lottery machine operator may not be licensed as a video lottery machine manufacturer or distributor. An owner or manager of a licensed establishment may not be licensed as a video lottery machine manufacturer or distributor. Nothing in this section restricts an owner or manager of a licensed establishment from owning video lottery machines licensed under §42-7A-41 and placing such machines on the premises, provided they meet the same requirements of video machine operators. However, nothing in this section prohibits the commission, after prior notice to all licensed video lottery machine operators, from authorizing the placement of video lottery machines by a manufacturer in an establishment that satisfactorily demonstrates that it is otherwise unable to obtain appropriate machine placement or service.
Source:
SL 1989, ch 368, §21.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-43 - Background investigation of video lottery licensees--Eligibility requirements.

42-7A-43. Background investigation of video lottery licensees--Eligibility requirements.
Any person licensed as a video lottery machine manufacturer, distributor, operator, or lottery retailer shall submit to a background investigation. This includes each partner of a partnership and each director and officer and all stockholders of five percent or more in a parent or subsidiary corporation of a video lottery machine manufacturer, distributor, operator, or lottery retailer. A video lottery machine manufacturer or distributor shall meet the same requirements of subdivisions 42-7A-13(1) to (4), inclusive, and §42-7A-14. A video lottery machine operator shall meet the same requirements of §§42-7A-13 and 42-7A-14, in addition to being a resident of the State of South Dakota and, if a partnership or corporation, the majority of ownership interest shall be held by residents of the state or by a public company or its subsidiary licensed as a video lottery machine operator pursuant to chapter 42-7A prior to January 1, 1997, and traded on any market regulated or recognized by the United States Securities and Exchange Commission. A copy of any disclosure statement involving ownership of the public company required to be filed with the United States Securities and Exchange Commission shall be filed with the lottery commission. A lottery retailer shall meet the same requirements of §§42-7A-13 and 42-7A-14. Any applicant for any license under this chapter has the burden of proving his or her qualifications to the satisfaction of the commission and executive director. The commission may adopt rules pursuant to chapter 1-26 to establish additional requirements to preserve the integrity and security of the lottery.
Source:
SL 1989, ch 368, §22; SL 1993, ch 317, §10; SL 1997, ch 242, §1.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-44 - Rules for placement of video lottery machines--Number limited--Placement in bar or lounge with on-sale license.

42-7A-44. Rules for placement of video lottery machines--Number limited--Placement in bar or lounge with on-sale license.
The placement of video lottery machines in licensed establishments shall be subject to the rules of the commission promulgated pursuant to chapter 1-26. No more than ten video lottery machines may be placed in any licensed establishment. The bar or lounge with an on-sale license issued pursuant to subdivision 35-4-2(12) or (16) shall be restricted to persons twenty-one years of age or older. The entrance to the area where video lottery machines are located shall display a sign that the premises are restricted to persons twenty-one years or older. Notwithstanding the restrictions in §35-4-79, persons under the age of twenty-one may only enter the premises where video lottery machines are located provided they are accompanied by a parent, guardian, or spouse of twenty-one years or older.
Source:
SL 1989, ch 368, §23; SL 1991, ch 355, §1; SL 1992, ch 304, §3.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-44.1 - Denial or revocation of license for noncompliance.

42-7A-44.1. Denial or revocation of license for noncompliance.
The commission shall deny or revoke an establishment license for video lottery machine placement that does not meet the requirements of §42-7A-44.
Source:
SL 1991, ch 355, §2; SL 2013, ch 219, §9.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-44.2 - On-sale license--Municipal event center or recreation facility--Placement of video lottery machines prohibited.

42-7A-44.2. On-sale license--Municipal event center or recreation facility--Placement of video lottery machines prohibited.
No video lottery machines may be placed in a facility with an on-sale license issued pursuant to §35-4-14.1.
Source: SL 2023, ch 132, §2.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-45 - Video lottery machine income--Remittance to state--False report as felony--Records--Penalty.

42-7A-45. Video lottery machine income--Remittance to state--False report as felony--Records--Penalty.
The state's percentage of net machine income shall be reported and remitted to the South Dakota Lottery within fifteen days after the fifteenth day of each month and within fifteen days after the end of each month by the machine owner. A machine owner who falsely reports or fails to report the amount due required by this section is guilty of a Class 6 felony and is subject to termination of his license by the South Dakota Lottery. Each machine owner shall keep a record of net machine income in such form as the executive director may require. All payments not remitted when due shall be paid together with a penalty assessment on the unpaid balance at a rate of one and one-half percent per month.
Source:
SL 1989, ch 368, §24.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-46 - Tampering with video lottery machine as misdemeanor.

42-7A-46. Tampering with video lottery machine as misdemeanor.
Any person who tampers with a video lottery machine with intent to interfere with the proper operation of such machine is guilty of a Class 1 misdemeanor.
Source:
SL 1989, ch 368, §25.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-47 - Manipulating outcome, payoff, or operation of video lottery machine as felony.

42-7A-47. Manipulating outcome, payoff, or operation of video lottery machine as felony.
Any person who with intent to manipulate the outcome, payoff, or operation of a video lottery machine, manipulates the outcome, payoff, or operation of a video lottery machine by physical tampering or any other means is guilty of a Class 5 felony.
Source:
SL 1989, ch 368, §26.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-48 - Age limit and legal hours of operation for video lottery machines.

42-7A-48. Age limit and legal hours of operation for video lottery machines.
No person under twenty-one years of age may play a video lottery machine licensed pursuant to §42-7A-41. No video lottery machine licensed pursuant to §42-7A-41 may be played except during the legal hours of operation allowed for the on-sale consumption of alcoholic beverages. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1989, ch 368, §27; SL 1990, ch 342, §3.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-49 - Lottery products on Indian reservations authorized.

42-7A-49. Lottery products on Indian reservations authorized.
The lottery may negotiate with Indian tribes for the placement and distribution of lottery products within the exterior boundaries of Indian reservations within the state.
Source:
SL 1989, ch 368, §29.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-50 - Confidentiality of lottery records.

42-7A-50. Confidentiality of lottery records.
Information and records of the South Dakota Lottery are confidential, except for official purposes, and may not be disclosed except to 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 or in accordance with a judicial 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)Applications, credit, and security checks of lottery retailers, licensees, and persons seeking or doing business with the lottery;
(2)Marketing, financial, or sales data, the disclosure of which may be harmful to the competitive position of the South Dakota Lottery, its retailers, licensees, or persons seeking or doing business with the lottery;
(3)Audit work papers, worksheets, and auditing procedures used by the lottery, its agent, or employees; and
(4)Tax returns of individual licensees.
However, this section may not be construed to make confidential the name of any video lottery operator including, if the video lottery operator is a partnership, the name of any partner and, if the video lottery operator is an association or corporation, the name of any director, any officer, and any stockholder who owns five percent or more of the stock in the association or a parent or subsidiary corporation.
Source:
SL 1989, ch 368, §30; SL 1992, ch 70, §2; SL 2001, ch 239, §1; 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 07A - State Lottery › Section 42-7A-51 - Lottery setoff program established--Computerized file of persons owing state.

42-7A-51. Lottery setoff program established--Computerized file of persons owing state.
The commission shall establish a liability setoff program by which lottery prize payments may be used to satisfy debts owed or collected through state agencies. Any participating state agency shall, on a monthly basis, provide the executive director a computerized file of persons owing a debt to or collected through that state agency which contains the following information: the first name, last name, middle initial, social security number, and the amount of the debt.
Source:
SL 1989, ch 371, §3.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-52 - Debt setoff from prize due--Notice of right to appeal--Time limitation--Transfer of setoff amount to agency.

42-7A-52. Debt setoff from prize due--Notice of right to appeal--Time limitation--Transfer of setoff amount to agency.
The executive director shall match the information submitted by the agency with persons who are entitled to a lottery prize payment in an amount in excess of one hundred dollars. If there is a match, the executive director shall set off the amount of the debt from the prize due and notify the person of the person's right to appeal to the appropriate court or to request a review by the agency pursuant to agency rule. The person shall make a request or appeal within thirty days after the setoff. If the setoff accounts for only a portion of the prize due, the remainder of the prize shall be paid to the person. The executive director shall promptly transfer the setoff amount to the agency.
Source:
SL 1989, ch 371, §4.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-53 - Commission, employees, and lottery discharged from liability.

42-7A-53. Commission, employees, and lottery discharged from liability.
The members of the commission, executive director, employees, and the lottery are discharged of all further liability for the amount of any setoff paid to a state agency or proceeding brought pursuant to §§42-7A-34 and 42-7A-51 to 42-7A-55, inclusive.
Source:
SL 1989, ch 371, §5.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-54 - Apportionment of prize among agencies--Priority of child support payments.

42-7A-54. Apportionment of prize among agencies--Priority of child support payments.
If two or more agencies have delinquent accounts for the same person, the executive director shall apportion the prize equally among them. However, a setoff to the Department of Social Services for child support payments has priority over all other setoffs.
Source:
SL 1989, ch 371, §6.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-55 - Collection of remainder of debt.

42-7A-55. Collection of remainder of debt.
If the prize is insufficient to satisfy the entire debt, the remainder of the debt may be collected by the agency as provided by law and resubmitted for setoff against any other prize awarded.
Source:
SL 1989, ch 371, §7.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-56 - Public policy declared.

42-7A-56. Public policy declared.
The Legislature hereby finds, and declares to be the public policy of this state that:
(1)The success of the South Dakota Lottery is dependent upon public confidence and trust that it is conducted honestly and free from criminal and corruptive elements;
(2)Public confidence and trust can only be maintained by strict regulation of all persons, locations, practices, associations, and activities related to the sale of lottery products and the operation, manufacturing, and distribution of video lottery games and equipment; and
(3)No applicant for a license or other affirmative commission action has any right to a license or to the granting of the approval sought. Any license issued or other commission approval granted pursuant to the provisions of this chapter is a revocable privilege, and no holder acquires any vested interest or property right therein or thereunder.
Source:
SL 1993, ch 317, §1.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-57 - Approval or disapproval of license applications.

42-7A-57. Approval or disapproval of license applications.
The executive director may approve or disapprove any application for license, as provided in §42-7A-41, depending upon whether the executive director deems the applicant a suitable person to hold the license and whether the executive director considers the proposed location suitable. Failure of the applicant to provide information necessary to allow investigation into his background, is also grounds for denial of the license.
Source:
SL 1993, ch 317, §3.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-58 - Reapplication for license after denial or revocation.

42-7A-58. Reapplication for license after denial or revocation.
Any applicant for a license who has had his application denied or revoked by the executive director pursuant to §42-7A-57 may not reapply until at least one year has elapsed from the date of the denial or revocation. Any person who has been denied a license or had a license revoked for a second time may not reapply until at least three years have passed since the date of the second denial or revocation.
Source:
SL 1993, ch 317, §4.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-59 - False statements in license applications--Perjury.

42-7A-59. False statements in license applications--Perjury.
No person may knowingly make a false statement in any application for a license or in any statement attached to the application. Any person who signs an application for a license issued pursuant to this chapter knowing that any information on such application or in any statement attached to the application is false or untrue, in whole or in part, is guilty of perjury.
Source:
SL 1993, ch 317, §9.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-60 - Executive or closed meetings permitted.

42-7A-60. Executive or closed meetings permitted.
In addition to the provisions of §1-25-2, the commission may hold executive or closed meetings for any of the following purposes:
(1)Considering applications for licensing when discussing the background investigations or personnel information;
(2)Consulting with the executive director and employees of the lottery concerning possible lottery rule or law violations;
(3)Meeting with lottery officials of other jurisdictions, the attorney general or law enforcement officials relating to possible criminal violations; or
(4)Deliberations after hearing evidence on a contested case necessary to reach a decision.
Source:
SL 1993, ch 317, §11.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-62 - Collection of fee--Deposit in general fund.

42-7A-62. Collection of fee--Deposit in general fund.
In addition to the fee collected pursuant to §42-7A-41 and deposited in the video lottery operating fund, the following fee shall be collected each year and deposited into the general fund:
Video lottery machine manufacturers--$15,000.
Source:
SL 1993, ch 318, §2; SL 1995, ch 243, §3.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-63 - State's percentage of net machine income--Deposit into general fund and video lottery operating fund.

42-7A-63. State's percentage of net machine income--Deposit into general fund and video lottery operating fund.
The commission shall maximize revenues to the state from video lottery. The state's percentage of net machine income shall be fifty percent. The state's percentage of net machine income shall be directly deposited to the general fund, except for one-half of one percent of net machine income authorized for deposit into the video lottery operating fund.
Source:
SL 1993, ch 318, §3; SL 1994, ch 330; SL 1995, ch 243, §2; SL 1996, ch 72, §2B; SL 2015, ch 39, §8.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07A - State Lottery › Section 42-7A-64 - Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments.

42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments.
A municipality or county may consider, in addition to the criteria for the issuance of an on-sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on-sale alcoholic beverage license pursuant to subdivisions 35-4-2(12) and (16):
(1)The number of establishments currently licensed for video lottery;
(2)The proximity of the business to other establishments licensed for video lottery;
(3)The type of business and manner in which the applicant proposes to operate it;
(4)The location of the business in relation to other businesses, residential areas, or activities within the same general area;
(5)The extent to which minors frequent a business connected to the one proposed; and
(6)The effect the proposed business has on economic development.
The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994.
Source:
SL 1994, ch 329, §1; 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-1 - Limited gaming authorized within city of Deadwood.

42-7B-1. Limited gaming authorized within city of Deadwood.
Limited card games, slot machines, craps, roulette, keno, and wagering on sporting events are hereby authorized, and may be operated, conducted, and maintained, within the city limits of the city of Deadwood, South Dakota, subject to the provisions of this chapter.
Source:
SL 1989, ch 374, §1; SL 2015, ch 218, §1; SL 2021, ch 189, § 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-2 - Authority conditioned--Repeal.

42-7B-2. Authority conditioned--Repeal.
No gaming is allowed under the authority of this chapter until the question to be submitted pursuant to §42-7B-1 is approved by the voters of Deadwood, and until this chapter is implemented through the grant of applicable licenses by the South Dakota Commission on Gaming. If the voters of the City of Deadwood fail to approve the question to be submitted pursuant to §42-7B-1 by July 1, 1989, the provisions of this chapter are repealed as of that date.
Source:
SL 1989, ch 374, §1A.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-2.1 - Public policy.

42-7B-2.1. Public policy.
The Legislature hereby finds, and declares to be the public policy of this state, that:
(1)The success of gaming is dependent upon public confidence and trust that licensed gaming is conducted honestly and competitively, that the rights of the creditors of licensees are protected and that gaming is free from criminal and corruptive elements;
(2)Public confidence and trust can only be maintained by strict regulation of all persons, locations, practices, associations, and activities related to the operation of licensed gaming establishments and the manufacture or distribution of gaming devices and equipment;
(3)All establishments where gaming is conducted and where gambling devices are operated, and manufacturers, sellers, and distributors of certain gambling devices and equipment must therefore be licensed, controlled, and assisted to protect the public health, safety, morals, good order, and the general welfare of the inhabitants of the state, to foster the stability and success of gaming and to preserve the economy and policies of free competition of the State of South Dakota;
(4)No applicant for a license or other affirmative commission approval has any right to a license or to the granting of the approval sought. Any license issued or other commission approval granted pursuant to the provisions of this chapter is a revocable privilege, and no holder acquires any vested right therein or thereunder.
Source:
SL 1990, ch 343, §23; SL 1993, ch 320, §1 rejected by referendum held September 14, 1993.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-3 - Regulation by commission.

42-7B-3. Regulation by commission.
Gaming within the city limits of the city of Deadwood shall be regulated by the South Dakota Commission on Gaming.
Source:
SL 1989, ch 374, §2; SL 1993, ch 320, §2 rejected by referendum held September 14, 1993; SL 2015, ch 218, §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-5 - Disposition of proceeds.

42-7B-5. Disposition of proceeds.
The entire net municipal proceeds of gaming shall be devoted to the historic restoration and preservation of the city of Deadwood as provided in this chapter. The term, historic restoration and preservation, shall be interpreted liberally in scope and effect.
Source:
SL 1989, ch 374, §4; SL 2021, ch 189, § 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-6 - South Dakota Commission on Gaming created.

42-7B-6. South Dakota Commission on Gaming created.
There is hereby created the South Dakota Commission on Gaming. The commission is attached to the Department of Revenue for reporting purposes only. The commission shall consist of five citizens of South Dakota, all of whom shall be appointed by the Governor of the State of South Dakota. The commission members may not all be members of the same political party. No member may be a license holder under this chapter nor a resident of Lawrence county. The initial members to be appointed shall draw lots to determine who will hold the two three-year terms, the two two-year terms and the one one-year term. Thereafter, each member shall serve terms of three years. No person may serve more than two consecutive full terms.
Source:
SL 1989, ch 374, §5; SL 2003, ch 272 (Ex. Ord. 03-1), §28; 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-7 - Promulgation of rules--Enforcement of chapter.

42-7B-7. Promulgation of rules--Enforcement of chapter.
The commission may promulgate rules, pursuant to chapter 1-26, for the orderly transaction and conduct of its business and the substantive rules that it may determine proper concerning:
(1)The issuance, revocation, and suspension of gaming licensees;
(2)The division of limited card games, slot machines, craps, roulette, keno, or devices used to accept or redeem bets, that may be placed in any building or retail business;
(3)The conduct and operation of gaming;
(4)Variations of limited card games, craps, or roulette; and
(5)Any other things necessary to carry out the purposes of this chapter.
The commission may also promulgate rules necessary to administer complaints received from the public and conduct such other investigations and inspections into the conduct of the games and the licensees and the maintenance of the equipment as the commission deems necessary and proper. License issuance, suspension, and revocation are contested cases within the meaning of chapter 1-26. The commission's rules may provide procedures for summary suspension of any license issued under this chapter and shall provide for subsequent contested case hearings before suspensions become final or a license is revoked. The commission may apply for injunctive or declaratory relief to enforce the provisions of this chapter and any rules promulgated thereunder. Action by the commission may not limit the authority of the state's attorney or attorney general from enforcing criminal actions.
Source:
SL 1989, ch 374, §6; SL 2015, ch 218, §4; SL 2016, ch 212, §2; SL 2021, ch 189, § 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-7.1 - Commission may suspend gaming at its discretion.

42-7B-7.1. Commission may suspend gaming at its discretion.
The commission may suspend gaming after a disaster such as flood, fire, earthquake or in the event of war or national emergency, for such period of time, as in its discretion, it deems appropriate.
Source:
SL 1990, ch 343, §30.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-8 - Regular and special meetings--Quorum--Cost of special meeting requested by person other than chair, two members, or Governor.

42-7B-8. Regular and special meetings--Quorum--Cost of special meeting requested by person other than chair, two members, or Governor.
The commission may hold regular and special meetings at such times and places as it may deem convenient, but at least one regular meeting shall be held quarterly. A majority of the appointed members constitutes a quorum of the commission, and a special meeting may be called by the chair, by any two members, or the Governor. If a special meeting is called pursuant to the request of any other person, the actual costs of the special meeting including personnel costs incurred in making arrangements for the special meeting, preparation and mailing of notices of the special meeting, compensation and allowable expense reimbursement for commission members as established by §42-7B-10, costs of the telecommunications systems, and rental of meeting space used for the special meeting, or a charge of one thousand dollars, whichever is greater, shall be made and assessed against the person who requested the special meeting.
Source:
SL 1989, ch 374, §7; SL 2009, ch 216, §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-8.1 - Purposes for executive or closed meetings.

42-7B-8.1. Purposes for executive or closed meetings.
In addition to the provisions of §1-25-2, the commission may hold executive or closed meetings for any of the following purposes:
(1)Considering applications for licensing when discussing the background investigations or personal information;
(2)Meeting with gaming officials of other jurisdictions, the attorney general, the state's attorney of Lawrence County or law enforcement officials relating to possible criminal violations;
(3)Consulting with the executive secretary, employees, and agents of the commission concerning possible criminal violations;
(4)Deliberations after hearing evidence on an informal consultation or a contested case necessary to reach a decision; and
(5)Discussing business strategies, marketing, or pricing strategies of a licensee or an applicant for a license if public discussion may be harmful to the competitive position of the licensee or applicant for license or discussions with a licensee or an applicant for a license for the purposes of overseeing and defining gaming contracts pursuant to subdivision §42-7B-11(1).
Source:
SL 1990, ch 343, §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-9 - Appointment and removal of executive secretary--Duties--Salary.

42-7B-9. Appointment and removal of executive secretary--Duties--Salary.
The commission shall appoint, and may remove, an executive secretary who shall serve at the pleasure of the commission and who shall be responsible for the conduct of the commission's administrative matters and who shall devote full time and attention to the business of his office and may not pursue any other business or occupation. The commission shall set the annual salary of the executive secretary. The executive secretary may employ the persons that are necessary to operate the South Dakota Commission on Gaming.
Source:
SL 1989, ch 374, §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-9.1 - Executive secretary's access to files and records.

42-7B-9.1. Executive secretary's access to files and records.
The executive secretary may have access both physically and electronically to all files and records required to be maintained under chapters 23-5 and 23-6 and may contribute to those records.
Source:
SL 1990, ch 343, §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-10 - Compensation for commission members--Expenses paid.

42-7B-10. Compensation for commission members--Expenses paid.
The members of the South Dakota Gaming Commission shall be paid mileage at the same rate as allowed for state employees. The commission shall receive per diem compensation and allowable expense reimbursement in an amount set pursuant to §4-7-10.4 for all time actually spent while attending commission meetings. However, no per diem may be paid to commission members who are state employees. The per diem shall be paid by vouchers duly verified and approved by the executive secretary of the commission.
Source:
SL 1989, ch 374, §8A.
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-12 - Appeal of final action of commission--Denial of license not appealable.

42-7B-12. Appeal of final action of commission--Denial of license not appealable.
Any person aggrieved by a final action of the commission may appeal the final action to the circuit court in accordance with the provisions of chapter 1-26, however any denial of an application for a license under §42-7B-19 is not appealable.
Source:
SL 1989, ch 374, §10; SL 1990, ch 343, §13; SL 2018, ch 256, §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-13 - Powers of attorney general pursuant to chapter.

42-7B-13. Powers of attorney general pursuant to chapter.
The attorney general may exercise any authority of inspection and examination allowed in this chapter and may apply to the circuit court for enforcement of any provision of this chapter or rule promulgated pursuant to this chapter.
Source:
SL 1989, ch 374, §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-14 - Maximum amount of bets.

42-7B-14. Maximum amount of bets.
The maximum amount of an initial bet or subsequent bet on all games subject to this chapter is one thousand dollars.
Source:
SL 1989, ch 374, §12; SL 1993, ch 320, §§5A, 5B, 5C rejected by referendum Sept. 14, 1993; Initiated Measure No. 1, approved Nov. 7, 2000, eff. Nov. 16, 2000; SL 2012, ch 206, §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-15 - Approval of rules for certain games.

42-7B-15. Approval of rules for certain games.
A licensed gaming establishment shall obtain approval of its rules for blackjack, poker, craps, roulette, keno, and sports wagering from the commission and clearly post the approved rules within plain view of any applicable gaming table or area in which the gaming is offered for play.
Source:
SL 1989, ch 374, §13; SL 2015, ch 218, §5; SL 2021, ch 189, § 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-16 - Maximum number of gaming devices per license.

42-7B-16. Maximum number of gaming devices per license.
A full complement of gaming devices may not exceed thirty per retail license.
Source:
SL 1989, ch 374, §14; SL 1990, ch 343, §14; SL 1993, ch 321, §§10C, 10F; SL 2015, ch 218, §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-16.2 - 42-7B-16.2 to 42-7B-16.4.Not implemented

42-7B-16.2 to 42-7B-16.4.   Not implemented
2023 South Dakota Codified Laws › Title 42 - Recreation and Sports › Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno › Section 42-7B-17 - Responsibilities of operator.

42-7B-17. Responsibilities of operator.
Each operator is responsible to provide audit and security measures relating to gaming devices, as prescribed by this chapter and the commission. The operator shall insure gaming device specifications comply with those provisions set forth in this chapter and the rules of the commission.
Source:
SL 1989, ch 374, §15; SL 2015, ch 218, §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-18 - Identification of retail floor plan--Approval--License granted only to retailer--Location of devices.

42-7B-18. Identification of retail floor plan--Approval--License granted only to retailer--Location of devices.
The retail space of a licensee shall be identified by a physical layout within a building, called the retail floor plan. The retail floor plan showing the location of each gaming device shall be submitted to the commission at the time of application, and is subject to prior approval by the Deadwood City Commission. Approval is subject to gaming rules and those rules pertaining to public health, safety, good order and general welfare of the City of Deadwood. The retail gaming license may only be granted to the retailer. All gaming devices shall be located within the retail space of the business. The number of gaming devices may not exceed thirty per building.
Source:
SL 1989, ch 374, §16; SL 1990, ch 343, §15; SL 1993, ch 320, §7 rejected by referendum held September 14, 1993.
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 - Approval or disapproval of license.

42-7B-19. Approval or disapproval of license.
The commission may approve or disapprove any application for license, depending upon whether it deems the applicant a suitable person to hold the license and whether it considers the proposed location suitable. An applicant for any license under this chapter has the burden of proving the applicant's qualifications, by clear and convincing evidence, to the satisfaction of the commission, and is required to submit to such investigation regarding the applicant's past conduct as may be required by the commission.
Source:
SL 1989, ch 374, §17; SL 1993, ch 321, §3.