reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:08 - Enforcement › Section 20:18:08:03 - Access to premises and production of records

Current through Register Vol. 51, page 10, July 15, 2024
An applicant or licensee or an employee or agent of an
				  applicant or licensee may not neglect or refuse to produce records or evidence
				  or to give information on lawful demand by the commission, executive secretary,
				  or any agent of the commission or otherwise interfere or attempt to interfere
				  with lawful efforts by the commission or any of its agents to produce such
				  information.
A retail licensee, licensed manufacturer or distributor,
				  associated equipment manufacturer or distributor, sports wagering services
				  provider, and licensed operator must immediately make available for inspection
				  by the commission, executive secretary, or an agent all papers, books, and
				  records produced by gaming business and all portions of the premises where
				  gaming is conducted or where gambling devices or equipment are manufactured,
				  sold, or distributed. A commission agent must be given immediate access to any
				  portion of the premises of a retail licensee, manufacturer or distributor,
				  associated equipment manufacturer or distributor, sports wagering services
				  provider, or operator for the purpose of inspecting or examining records or
				  documents, gaming devices or equipment, or the conduct of gaming
				  activity.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-7,
					 42-7B-11(1)(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:08 - Enforcement › Section 20:18:08:04 - Summoning of licensee

Current through Register Vol. 51, page 10, July 15, 2024
The commission may summon any licensee or the agents or
				  employees of the licensee to appear to testify before it or its agents with
				  regard to the conduct of the licensee or the agents or employees of the
				  licensee. The testimony may be under oath and may embrace any matters which the
				  commission or its agents consider relevant to the discharge of its official
				  duties. The summoning of a licensee is a contested case pursuant to SDCL 1-26.
				  Testimony so taken may be used by the commission as evidence in any proceeding
				  or matter then before it or which may later come before it. Failure to appear
				  and testify fully at the time and place designated, unless excused, may
				  constitute grounds for disciplinary action against a license held by the person
				  summoned, the person's principal, or the person's employer.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-1,
					 42-7B-2,
					 42-7B-3,
					 42-7B-4,
					 42-7B-7,
					 42-7B-11,
					 42-7B-14,
					 42-7B-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:08.01 - Exclusion list › Section 20:18:08.01:01 - Preparation of exclusion list

Current through Register Vol. 51, page 10, July 15, 2024
The commission may prepare a list of persons to be excluded
				  or ejected from gaming. The commission may consult with gaming jurisdictions,
				  law enforcement agencies, and credible sources, public or private, to prepare
				  the list.
The executive secretary may recommend changes to the
				  list.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-2.1,
					 42-7B-3,
					 42-7B-7,
					 42-7B-9,
					 42-7B-24,
					 42-7B-33,
					 42-7B-61,
					 42-7B-62.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:08.01 - Exclusion list › Section 20:18:08.01:03 - Distribution of the exclusion list

Current through Register Vol. 51, page 10, July 15, 2024
The exclusion list shall be open to public inspection and
				  shall be distributed to each:
(1)
				Gaming establishment licensed by the South Dakota commission on
				gaming;
(2) Law enforcement agency
				situated in Lawrence County; and
(3) Tribal gaming commission situated in the
				state of South Dakota.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-61.
Law Implemented:
SDCL
					 42-7B-7,
					 42-7B-11(11),
					 42-7B-61.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:08.01 - Exclusion list › Section 20:18:08.01:04 - Content of the information for persons on the exclusion list

Current through Register Vol. 51, page 10, July 15, 2024
If available, the following information and data shall be
				  provided for each excluded person:
(1)
				The full name and any aliases the person is believed to have used;
(2) A description of the person's physical
				appearance, including height, weight, type of build, color of hair and eyes,
				and any other known physical characteristics which may assist in the
				identification of the person;
(3)
				Date of birth;
(4) The effective
				date the person's name was placed on the list; and
(5) A photograph of the person and the date
				thereof.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-61.
Law Implemented:
SDCL
					 42-7B-7,
					 42-7B-11(11),
					 42-7B-61.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:09 - Grounds for disciplinary action › Section 20:18:09:02 - Proscribed conduct

Current through Register Vol. 51, page 10, July 15, 2024
Any dishonest or fraudulent action committed by a licensee is
				  grounds for disciplinary action, regardless of whether the act was committed in
				  pursuit of the license privilege.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-1,
					 42-7B-2,
					 42-7B-3,
					 42-7B-7,
					 42-7B-24,
					 42-7B-25,
					 42-7B-32,
					 42-7B-33.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:09 - Grounds for disciplinary action › Section 20:18:09:03 - Revocation or suspension of other license

Current through Register Vol. 51, page 10, July 15, 2024
A revocation or suspension of any other license held by a
				  person employed under this article and SDCL chapter 42-7B is grounds for
				  disciplinary action, regardless of the type, jurisdiction, or venue of the
				  license.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-1,
					 42-7B-2,
					 42-7B-3,
					 42-7B-7,
					 42-7B-24,
					 42-7B-25,
					 42-7B-32,
					 42-7B-33.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:09 - Grounds for disciplinary action › Section 20:18:09:04 - Facts of criminal charge

Current through Register Vol. 51, page 10, July 15, 2024
A licensee being charged with a felony, or with a misdemeanor
				  involving moral turpitude, in any jurisdiction, is grounds for disciplinary
				  action. The commission may find the licensee guilty of a violation of this
				  article on the facts of the criminal charge even if the licensee has been
				  acquitted on the criminal charge.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-1,
					 42-7B-2,
					 42-7B-3,
					 42-7B-7,
					 42-7B-11,
					 42-7B-19,
					 42-7B-20,
					 42-7B-24,
					 42-7B-25,
					 42-7B-27,
					 42-7B-32,
					 42-7B-33.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:10 - Disciplinary proceedings › Section 20:18:10:01 - Complaints authorized - Procedure following filing

Current through Register Vol. 51, page 10, July 15, 2024
A person claiming that a licensee has engaged or is engaging
				  in conduct constituting grounds for disciplinary action may file with the
				  executive secretary a written complaint stating the name and address of the
				  licensee complained against. The complaint must fully detail the conduct upon
				  which the complaint is made. If the executive secretary determines the
				  complaint has merit, the executive secretary must immediately serve by mail on
				  the licensee complained against and any other affected parties a copy of the
				  complaint. The licensee complained against has 20 days to answer after service
				  of the complaint. The answer may admit, deny, qualify, or explain the
				  allegations contained in the complaint. A commission member, the executive
				  secretary, or an agent of the commission may file a complaint. The executive
				  secretary may reject a complaint if it does not meet the requirements of this
				  section.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 1-26-27,
					 42-7B-3,
					 42-7B-7,
					 42-7B-31.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:10 - Disciplinary proceedings › Section 20:18:10:02 - Dismissal of complaint

Current through Register Vol. 51, page 10, July 15, 2024
After receipt of the answer to the complaint, after the time
				  has expired to answer, or after having determined that no answer is necessary,
				  the executive secretary must examine the complaint, any answer, and any other
				  supporting documents to determine whether the complaint charges conduct
				  constituting grounds for disciplinary action. If the complaint charges conduct
				  constituting grounds for disciplinary action. If the complaint charges conduct
				  constituting grounds for disciplinary action, the executive secretary must also
				  detemine if the complaint has merit. If the executive secretary determines that
				  the complaint does not charge conduct constituting grounds for disciplinary
				  action or is without merit, the executive secretary must dismiss the complaint
				  and notify the complainant, the licensee complained against, and other affected
				  parties in writing, stating the reasons for dismissal. The executive secretary
				  shall investigate the complaint and may use extrinsic evidence to determine if
				  the complaint has merit.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-1,
					 42-7B-2,
					 42-7B-3,
					 42-7B-7,
					 42-7B-11,
					 42-7B-18,
					 42-7B-19,
					 42-7B-20,
					 42-7B-21,
					 42-7B-22,
					 42-7B-24,
					 42-7B-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:10 - Disciplinary proceedings › Section 20:18:10:03 - Informal consultation

Current through Register Vol. 51, page 10, July 15, 2024
If the executive secretary determines the complaint to have
				  merit, the executive secretary may consult with the licensee and the parties
				  affected to resolve the matter satisfactorily without a formal hearing. The
				  executive secretary must notify the complainant, the licensee complained
				  against, and affected parties of the results of the informal consultation in
				  writing. The informal consultation does not prevent the commission from
				  conducting a formal hearing.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-1,
					 42-7B-2,
					 42-7B-3,
					 42-7B-7,
					 42-7B-11,
					 42-7B-18,
					 42-7B-19,
					 42-7B-20,
					 42-7B-21,
					 42-7B-22,
					 42-7B-24,
					 42-7B-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:10 - Disciplinary proceedings › Section 20:18:10:04 - Assurance of voluntary compliance

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary may accept an assurance of voluntary
				  compliance regarding any act or practice alleged to violate this article or
				  SDCL 42-7B from a person who has engaged in, is engaging in, or is about to
				  engage in such acts or practices. The assurance must be in writing and may
				  include a stipulation for the voluntary payment of the costs of the
				  investigation or a monetary penalty and an amount necessary to restore to a
				  person money or property which may have been acquired by the alleged violator
				  because of the acts or practices. Proof of failure to comply with the assurance
				  of voluntary compliance is prima facie evidence of a violation of this chapter.
				  The commission may approve, reject, or modify an assurance of voluntary
				  compliance.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 1-26-20,
					 42-7B-7,
					 42-7B-11(6)(11),
					 42-7B-18,
					 42-7B-21,
					 42-7B-24,
					 42-7B-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:10 - Disciplinary proceedings › Section 20:18:10:05 - Formal proceedings

Current through Register Vol. 51, page 10, July 15, 2024
If the executive secretary or commission decides to conduct a
				  formal hearing, after a complaint has been filed and after informal
				  consultation, if any, the executive secretary must mail a notice of hearing to
				  the licensee complained against, the person making the complaint, and other
				  affected parties.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 1-26-29,
					 42-7B-3,
					 42-7B-7,
					 42-7B-11,
					 42-7B-19,
					 42-7B-24,
					 42-7B-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:10 - Disciplinary proceedings › Section 20:18:10:06 - Contents of commission complaint

Current through Register Vol. 51, page 10, July 15, 2024
A commission complaint must contain the name of the licensee
				  against whom the complaint was made, the name and address of the person making
				  the complaint, the details of the complaint, and the date of the
				  complaint.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 1-26-29,
					 42-7B-2,
					 42-7B-3,
					 42-7B-7,
					 42-7B-11,
					 42-7B-18,
					 42-7B-19,
					 42-7B-20,
					 42-7B-21,
					 42-7B-22,
					 42-7B-24,
					 42-7B-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:10 - Disciplinary proceedings › Section 20:18:10:07 - Date of hearing

Current through Register Vol. 51, page 10, July 15, 2024
The commission must hold the hearing at a time and place
				  convenient to all of the parties concerned.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-2,
					 42-7B-3,
					 42-7B-7,
					 42-7B-11,
					 42-7B-18,
					 42-7B-19,
					 42-7B-20,
					 42-7B-21,
					 42-7B-22,
					 42-7B-24,
					 42-7B-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:10 - Disciplinary proceedings › Section 20:18:10:09 - Disqualification

Current through Register Vol. 51, page 10, July 15, 2024
If the complaint was filed by a commission member, that
				  commission member is disqualified from sitting at the hearing as a commission
				  member and from participating in the decision made by the commission. The
				  commission member may appear as a witness and give advice on
				  procedure.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 1-26-26,
					 42-7B-3,
					 42-7B-7,
					 42-7B-11,
					 42-7B-19,
					 42-7B-24,
					 42-7B-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:10 - Disciplinary proceedings › Section 20:18:10:10 - Per diem and mileage

Current through Register Vol. 51, page 10, July 15, 2024
The commission may authorize per diem and mileage for
				  complainants, witnesses, and affected parties at informal consultations and for
				  complainants and witnesses at formal hearings. The per diem may not exceed the
				  amounts authorized in SDCL
				  19-5-1 for per diem and the
				  mileage may not exceed the amounts authorized by §
									5:01:02:01.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 1-26-19.1,
					 42-7B-2,
					 42-7B-3,
					 42-7B-7,
					 42-7B-11,
					 42-7B-18,
					 42-7B-19,
					 42-7B-20,
					 42-7B-21,
					 42-7B-22,
					 42-7B-24,
					 42-7B-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:10 - Disciplinary proceedings › Section 20:18:10:11 - Final action by commission

Current through Register Vol. 51, page 10, July 15, 2024
If, after hearing the evidence, the commission determines
				  that any part of the complaint has been proven, the commission may revoke the
				  license, suspend the license for a particular period of time, issue a public or
				  private letter of reprimand to be placed in the file of the licensee, or take
				  any combination of these actions. If the commission determines that part of the
				  complaint has not been proven, the commission must dismiss any part of the
				  complaint not proven. A letter of reprimand must state the actions that
				  prompted the complaint, and must include the names of the complainant and other
				  affected parties, the dates on which the actions occurred, the place where the
				  actions occurred, and a list of who witnessed the actions. This section does
				  not prevent the commission from compromising a formal hearing, and the
				  commission may also allow an assurance of voluntary compliance. Written
				  findings of fact, conclusions of law, and an order must be entered after the
				  decision. The commission may allow or require briefs of law before making its
				  decision.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 1-26-20,
					 1-26-25,
					 1-26-27,
					 42-7B-2,
					 42-7B-3,
					 42-7B-7,
					 42-7B-11,
					 42-7B-18,
					 42-7B-19,
					 42-7B-20,
					 42-7B-21,
					 42-7B-22,
					 42-7B-24,
					 42-7B-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:11 - Contested cases › Section 20:18:11:01 - Petition for hearing

Current through Register Vol. 51, page 10, July 15, 2024
A person aggrieved by an action of the commission or the
				  executive secretary that was taken without a hearing may, within thirty days
				  following the date of the action, petition the commission for a hearing. The
				  hearing must be held at a time and place convenient for the commission and the
				  petitioner. The hearing is a contested case.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 1-26-16,
					 1-26-18,
					 42-7B-2,
					 42-7B-3,
					 42-7B-7,
					 42-7B-11,
					 42-7B-18,
					 42-7B-19,
					 42-7B-20,
					 42-7B-21,
					 42-7B-22,
					 42-7B-24,
					 42-7B-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:11 - Contested cases › Section 20:18:11:02 - Petition for review

Current through Register Vol. 51, page 10, July 15, 2024
Within ten days after receipt of a commission decision, a
				  party to the hearing may file with the commission a petition to review its
				  decision. The commission may deny the petition, order a rehearing, or direct
				  other proceedings. Upon rehearing or other proceedings, the commission may
				  affirm, reverse, or modify its earlier decision. Notice of the commission's
				  decision on the petition to review must be served by mail on the petitioner and
				  parties.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 1-26-18,
					 1-26-25,
					 42-7B-2,
					 42-7B-3,
					 42-7B-7,
					 42-7B-11,
					 42-7B-18,
					 42-7B-19,
					 42-7B-20,
					 42-7B-21,
					 42-7B-22,
					 42-7B-24,
					 42-7B-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12 - Summary suspension procedure › Section 20:18:12:01 - Class A violation - Class B violation

Current through Register Vol. 51, page 10, July 15, 2024
Class A violations include the following:
(1) Conviction of a misdemeanor involving
				moral turpitude or a felony;
(2)
				Violation of SDCL
				42-7B-23,
				42-7B-26,
				42-7B-28,
				42-7B-29,
				42-7B-30,
				42-7B-31,
				42-7B-35,
				42-7B-39,
				42-7B-40,
				42-7B-41,
				42-7B-42, or
				42-7B-45;
(3) A deliberate misstatement, deliberate
				omission, misrepresentation, or untruth made in an application or during the
				background check that was not discovered before the license was
				granted;
(4) Refusal to allow
				access to premises or records under chapter 20:18:08;
(5) Failure to maintain the minimum bankroll
				requirement as set forth in Article 20:18, Appendix A, § 535.5;
				and
(6) Failure to notify the
				executive secretary of a deficiency in the licensee's cash or cash equivalency
				as provided by § 20:18:12.01:04.
A Class B violation is other than a Class A
				  violation.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-7,
					 42-7B-11(13),
					 42-7B-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12 - Summary suspension procedure › Section 20:18:12:02 - Grounds for summary suspension

Current through Register Vol. 51, page 10, July 15, 2024
The commission or the executive secretary may immediately
				  suspend, for not more than sixty days, the license of a licensee who:
(1) Is charged with a Class A violation under
				this article;
(2) Has been charged
				in South Dakota with a felony;
(3)
				Has been charged in any other jurisdiction for a crime that would be a felony
				if committed in South Dakota;
(4)
				Has been charged with a violation of any section of SDCL chapters 22-11,
				22-12A, 22-14, 22-14A, 22-16, 22-18, 22-19, 22-22, 22-23, 22-25, 22-29, 22-30,
				22-30A, 22-32, 22-33, 22-39, 22-41, 22-42, 22-42A, or 22-43; or
(5) Has been charged with the commission of
				any crime of violence as defined by SDCL
				22-1-2(9).
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-1,
					 42-7B-2,
					 42-7B-3,
					 42-7B-7,
					 42-7B-11,
					 42-7B-24,
					 42-7B-25,
					 42-7B-32,
					 42-7B-33.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12 - Summary suspension procedure › Section 20:18:12:03 - Notice

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary must deliver a notice of suspension
				  personally or by certified mail to the suspended licensee. The notice must
				  state when the suspension begins and ends and must state the reasons for the
				  suspension.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-1,
					 42-7B-2,
					 42-7B-3,
					 42-7B-7,
					 42-7B-11,
					 42-7B-24,
					 42-7B-25,
					 42-7B-32,
					 42-7B-33.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12 - Summary suspension procedure › Section 20:18:12:04 - Complaint required

Current through Register Vol. 51, page 10, July 15, 2024
Within five days after the licensee received the notice of
				  suspension, the executive secretary must serve upon the suspended licensee a
				  copy of the formal commission complaint alleging a violation of this article
				  and a notice of hearing. The complaint must be heard by the commission on an
				  expedited basis as a contested case pursuant to SDCL chapter
				  1-26.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-1,
					 42-7B-2,
					 42-7B-3,
					 42-7B-7,
					 42-7B-11,
					 42-7B-24,
					 42-7B-25,
					 42-7B-32,
					 42-7B-33.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:01 - Gaming by licensees

Current through Register Vol. 51, page 10, July 15, 2024
A person who is licensed as a key employee, operator, sports
				  wagering services provider, or retailer may not play or be permitted to play or
				  place a wager, except as a dealer, in any game in the licensed establishment
				  where the person is employed or in which the person owns an interest except as
				  permitted by this section. A support licensee or an individual who is an owner
				  of a retail or operator license and is licensed as a key employee may play in a
				  poker game but must wear an identification badge furnished by the
				  commission.
No licensee employed by a manufacturer, distributor, or an
				  associated equipment manufacturer or distributor licensed under SDCL chapter
				  42-7 B may play any device operating on a slot management system that the
				  manufacturer sells or leases or play any device that the manufacturer sells or
				  leases.
No licensee employed by a sports wagering services provider
				  under SDCL chapter 42-7 B may play any device or program that the sports
				  wagering services provider sells, leases or operates in South
				  Dakota.
General Authority:
SDCL
					 42-7B-7., 42-7B-11(13).
Law Implemented:
SDCL
					 42-7B-2.1,
					 42-7B-7,-
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:02 - Discovery of violations

Current through Register Vol. 51, page 10, July 15, 2024
A licensee must immediately notify the executive secretary of
				  the discovery of a violation or of a suspected violation of SDCL 42-7B or this
				  article.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-1,
					 42-7B-2,
					 42-7B-3,
					 42-7B-4,
					 42-7B-7,
					 42-7B-11,
					 42-7B-14,
					 42-7B-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:03 - Changing of games

Current through Register Vol. 51, page 10, July 15, 2024
Before substituting an authorized game with a different
				  authorized game, a licensee must request and receive permission of the
				  executive secretary.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-1,
					 42-7B-2,
					 42-7B-3,
					 42-7B-4,
					 42-7B-7,
					 42-7B-11,
					 42-7B-14,
					 42-7B-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:04 - Unauthorized games

Current through Register Vol. 51, page 10, July 15, 2024
A licensee may not permit the operation of any unauthorized
				  games in a licensed retail establishment.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-1,
					 42-7B-2,
					 42-7B-3,
					 42-7B-4,
					 42-7B-7,
					 42-7B-11,
					 42-7B-14,
					 42-7B-15.
Authorized games, §
											20:18:14:01.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:05 - Unlicensed games or devices

Current through Register Vol. 51, page 10, July 15, 2024
If a licensee desires to suspend a game from a licensed
				  status, the licensee must provide advanced written notice to the executive
				  secretary stating the type and number of games sought to be suspended and the
				  initial date and duration of the proposed suspension. The licensee must
				  thereafter physically remove the gaming device from an area exposed to the
				  public.
A gaming device may remain in a public area while it is
				  licensed if the licensee removes from the gaming device all detachable fixtures
				  such as drop boxes, chip racks, and other similar removable items or covers any
				  nondetachable chip rack and any chip rack space with a device capable of being
				  locked and sealed in place. The gaming device must be inspected and sealed by
				  the executive secretary or a designee before it is allowed to remain in a
				  public area.
Before any game or gaming device suspended from a licensed
				  status may be reactivated and placed into play, the licensee must advise the
				  executive secretary in writing of the licensee's intention and pay all fees and
				  taxes applicable to the game. After the reinspection and unsealing of a gaming
				  device previously sealed, the game may be exposed for play.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-1,
					 42-7B-2,
					 42-7B-3,
					 42-7B-4,
					 42-7B-7,
					 42-7B-11,
					 42-7B-14,
					 42-7B-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:06 - Notice to commission of hours of operation

Current through Register Vol. 51, page 10, July 15, 2024
A licensee must notify the commission in writing of its
				  normal hours of operation.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-1,
					 42-7B-2,
					 42-7B-2.1,
					 42-7B-3,
					 42-7B-4,
					 42-7B-7,
					 42-7B-11,
					 42-7B-14,
					 42-7B-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:07 - Patron disputes

Current through Register Vol. 51, page 10, July 15, 2024
In a patron dispute, a licensee must notify the disputing
				  patron that the patron has a right to have a commission agent present when the
				  dispute is discussed or resolved.
If a licensee refuses payment of alleged winnings to a
				  patron, the licensee and the patron are unable to resolve the dispute to the
				  patron's satisfaction, or the dispute involves at least $250, the licensee must
				  immediately notify the executive secretary or a designee. A licensee may
				  immediately review available surveillance or slot machine event logs prior to
				  contacting the executive secretary to help determine if a payout, cards played,
				  or procedures followed were correct in determining if the event is disputed.
				  The executive secretary shall conduct whatever investigation is necessary.
				  Following the investigation, if necessary, the executive secretary shall render
				  a decision on the dispute.
The executive secretary must notify the licensee and the
				  patron in writing of the executive secretary's decision regarding the dispute
				  within 30 days after the date that the notice of the dispute was first
				  received. A patron or a licensee aggrieved by a decision of the executive
				  secretary or a designee may appeal to the commission.
A licensee's failure to notify the executive secretary,
				  failure to notify the patron of the patron's rights, or failure to pay after an
				  adverse decision is grounds for disciplinary action.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-3,
					 42-7B-7,
					 42-7B-11(13).
Petition for hearing, §
											20:18:11:01.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:07.01 - Entitlement to slot machine credits or payouts and to abandoned monies

Current through Register Vol. 51, page 10, July 15, 2024
A patron must be actively engaged in playing a slot machine
				  to be entitled to any credits or payouts from the slot machine. If a patron
				  leaves a slot machine with credits on the machine, the patron waives any right
				  to claim these credits. Any credits removed from a slot machine or tickets
				  found shall be taken to the cage while any investigation for its owner is
				  conducted. Upon completion of an investigation, the ticket will either be
				  returned to the owner or dropped in the accounting lockbox to be treated as an
				  unclaimed ticket. No unclaimed ticket may remain in the cage over 48
				  hours.
If a patron abandons chips, tokens or cash in a licensed
				  gaming establishment or on a licensed gaming table, the patron waives any right
				  to claim the chips, tokens or cash. Any chips tokens or cash found in a
				  licensed gaming establishment including chips, tokens or cash abandoned on a
				  licensed gaming table shall be taken to the cage while any investigation for
				  the owner of the chips, tokens or cash is conducted. Upon completion of an
				  investigation, the monies will be returned to the owner or recorded as found
				  money on the daily cash summary at the end of the shift.
Nothing herein requires that an investigation be
				  conducted.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-4(21),
					 42-7B-7,
					 42-7B-11(13).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:08 - Forms of wagers

Current through Register Vol. 51, page 10, July 15, 2024
All wagers must be made with coins or currency provided by
				  the patron or with chips, tickets, or tokens furnished by the retail
				  licensee.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-7,
					 42-7B-11(13).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:08.01 - Amount of wagers

Current through Register Vol. 51, page 10, July 15, 2024
A licensee may establish minimum and maximum wagers up to
				  the maximum of one thousand dollars for each initial bet or subsequent bet. The
				  amount of the maximum wager may be less than the one thousand dollar maximum.
				  The minimum and maximum wagers accepted for each game shall be clearly posted
				  and enforced by the dealer.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-7,
					 42-7B-11(13),
					 42-7B-14.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:09 - Persons not to bring their own cards, dice or chips

Current through Register Vol. 51, page 10, July 15, 2024
A person may not bring onto a gaming site or introduce into
				  a game playing cards, dice or chips other than those obtained from a retail
				  licensee.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-1,
					 42-7B-7,
					 42-7B-11(13).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:10 - Special rules of conduct

Current through Register Vol. 51, page 10, July 15, 2024
With approval of the executive secretary, a retail licensee
				  may establish rules of conduct for players and spectators on its licensed
				  site.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-1,
					 42-7B-2,
					 42-7B-3,
					 42-7B-4,
					 42-7B-7,
					 42-7B-14,
					 42-7B-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:11 - Use of counting device prohibited

Current through Register Vol. 51, page 10, July 15, 2024
A player may not use a device to record or count the cards
				  played.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-1,
					 42-7B-2,
					 42-7B-3,
					 42-7B-4,
					 42-7B-7,
					 42-7B-14,
					 42-7B-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:12 - Mandatory count procedure

Current through Register Vol. 51, page 10, July 15, 2024
A licensee must report to the executive secretary the time or
				  times when drop boxes and drop buckets will be removed and the contents
				  counted. All drop boxes and drop buckets must be removed and counted at the
				  time or times previously designated to the executive secretary. Slot machine
				  drops and counts may be performed at times other than the reported time
				  providing the executive secretary is notified by 5:00 p.m. on the day prior to
				  the change in times or if the executive secretary requires a change of
				  authorized times. Counting of table boxes at any time other than the designated
				  time is prohibited unless the licensee provides advance notice to the executive
				  secretary during normal office hours (M-F 8:00 a.m. to 5:00 p.m.) or if the
				  executive secretary requires a change in authorized times. Each operator or
				  retailer is required to maintain written logs documenting removal times of
				  table boxes. These logs must be made available to the commission or executive
				  secretary upon request.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-7,
					 42-7B-9.1,
					 42-7B-11(1)(11)(13),
					 42-7B-43.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:13 - Handling of cash

Current through Register Vol. 51, page 10, July 15, 2024
An employee, owner, or licensee who receives currency of the
				  United States, other than tips or gratuities, from a patron in the gaming area
				  of a gaming establishment must promptly place the currency in the drop box in
				  the table, in an appropriate place on the table, in the cash register, or in
				  another repository approved by the executive secretary.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-1,
					 42-7B-2,
					 42-7B-3,
					 42-7B-4,
					 42-7B-5,
					 42-7B-7,
					 42-7B-9,
					 42-7B-11,
					 42-7B-17,
					 42-7B-28,
					 42-7B-29,
					 42-7B-30,
					 42-7B-41,
					 42-7B-43,
					 42-7B-45.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:14 - Minimum bankroll requirements

Current through Register Vol. 51, page 10, July 15, 2024
A licensee, including a manufacturer upon the prior approval
				  by the executive secretary, must maintain cash or cash equivalents in an amount
				  sufficient to protect the licensee's patrons against defaults in gaming debts
				  owed by the licensee.
Each licensee shall maintain the minimum bankroll requirement
				  according to the formula set forth at Article 20:18, Appendix A, § 535.5.
				  The licensee is required to maintain at least 85 percent of the "immediate
				  exposure" calculation in cash which shall be available to the cashier. If at
				  any time the licensees available cash or cash equivalents are less than the
				  amount required by the "immediate exposure" calculation, the licensee must
				  immediately notify the executive secretary of this deficiency. Once a month,
				  the licensee must calculate and retain the documentation for the "thirty-day
				  exposure" calculation. If the licensee shows a cash deficiency based on the
				  "thirty-day exposure" calculation, the licensee must notify the executive
				  secretary. Failure to maintain the minimum bankroll required by this section,
				  or failure to notify the executive secretary of any deficiencies is an
				  unsuitable method of operation and may result in disciplinary action including
				  summary suspension of a license as set forth in chapter
				  20:18:12.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-7,
					 42-7B-11(13).
Article 20:18, Appendix A, §
					 535.5.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:15 - Compliance with Gaming Internal Control and Revenue Reporting Manual

Current through Register Vol. 51, page 10, July 15, 2024
All licensees must comply with the Gaming Internal Control
				  and Revenue Reporting Manual located in Appendix A at the end of this article
				  unless an exemption or deviation is approved by the executive
				  secretary.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-25.1.
Law Implemented:
SDCL
					 42-7B-1,
					 42-7B-2,
					 42-7B-2.1,
					 42-7B-3,
					 42-7B-4,
					 42-7B-7,
					 42-7B-11,
					 42-7B-14,
					 42-7B-15,
					 42-7B-17,
					 42-7B-25.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:16 - Premise monitoring required

Current through Register Vol. 51, page 10, July 15, 2024
An operator shall have at least one employee whose primary
				  duty is to ensure the licensee has full view and control of any gaming operated
				  on the premises. If two or more buildings are adjacent, share a common or party
				  wall, have interior access, and share a common operator or route operator, a
				  licensee may use an electronic monitoring equipment or other monitoring
				  equipment approved by the executive secretary to comply with the requirements
				  of SDCL 47-7B-35,
				  42-7B-40, and ARSD 20:18:12.01:23.
				  The operator shall include the items referenced in paragraphs (1) and (2) below
				  in the operators internal control document, and submit the internal control
				  document to the executive secretary for approval. The licensee's internal
				  control document shall include detailed procedures for the following:
1) Premises monitoring ensuring the licensee
				has full view and control of any gaming activities.
2) Ensuring compliance with SDCL
				42-7B-35,
				42-7B-40 and ARSD 20:18:12.01:23.
A licensee may submit a floor plan designating nongaming
				  areas to the executive secretar for approval. Upon approval by the executive
				  secretary, a floorlan designating nongaming areas must be incororated into a
				  licensee's interal controls. A licensee may incorporate the approved interal
				  control document into their internal controls and procedures as required by
				  ARSD compliance with Appendix A.
General Authority:
SDCL
					 42-7B-7,
					 42-7B-11(13),
					 42-7B-40.
Law Implemented:
SDCL
					 42-7B-40.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:17 - Pit boss requirement

Current through Register Vol. 51, page 10, July 15, 2024
If a licensee offers blackjack, craps, roulette or house
				  banked poker games with a bet limit in excess of one hundred dollars, a pit
				  boss or other licensed dealer shall be present in the area of the table with
				  such bet limit and provide supervision of the game while it is
				  operating.
If the pit boss is functioning as a dealer at a gaming table,
				  any decisions at that table normally reserved for the pit boss shall be
				  referred to the pit boss's immediate supervisor for
				  resolution.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-7,
					 42-7B-11(13).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:18 - Use of electronic communication devices prohibited

Current through Register Vol. 51, page 10, July 15, 2024
The use of electronic devices for communication while seated
				  at any player banked gaming table is prohibited. No electronic device may be
				  placed on any licensed table game. The executive secretary may grant specific
				  written exceptions for an individual with a documented medical condition
				  causing an impediment which substantially limits the individual's ability to
				  participate in games. The individual granted an exception must agree to allow a
				  casino access to any electronic device used in the accommodation to ensure that
				  the device is not being used to gain an unfair advantage in the
				  game.
General Authority:
SDCL 42-7-B-7.
Law Implemented:
SDCL
					 42-7B-7,
					 42-7B-11(13).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:19 - Transferred

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-1,
					 42-7B-7,
					 42-7B-11(13).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:20 - Use of licensed gaming tables for training of dealers

Current through Register Vol. 51, page 10, July 15, 2024
The use of licensed gaming tables for training licensed
				  dealers is allowable provided the business licensee restricts access to the
				  table by use of a barrier and places signage approved by the executive
				  secretary or a designee indicating the table is being used for training
				  purposes only.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-1,
					 42-7B-7,
					 42-7B-11(13).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:21 - Training Licensed Dealers

Current through Register Vol. 51, page 10, July 15, 2024
A licensee who offers table games shall ensure that
				  appropriate training has been given to licensed employees on the operation of
				  each game. The licensee shall maintain a written log of all training provided
				  each licensed employee for a period of three years. The training records must
				  include the name of licensed employees who provided and received the training
				  and the date, hours, and type of training received.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-1,
					 42-7B-7,
					 42-7B-11(13).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:18 - GAMING COMMISSION - DEADWOOD GAMBLING › Chapter 20:18:12.01 - Operation of gaming establishments › Section 20:18:12.01:22 - Legal age to gamble - notification requirement

Current through Register Vol. 51, page 10, July 15, 2024
All licensed gaming establishments shall prominently display
				  a sign at each entrance to a licensed establishment which notifies the public
				  in a conspicuous manner that gaming patrons must be twenty-one (21) years of
				  age to gamble. All licensed gaming devices shall have a sign permanently
				  affixed to the device notifying the public that gaming patrons must be
				  twenty-one (21) years of age to gamble.
General Authority:
SDCL
					 42-7B-7.
Law Implemented:
SDCL
					 42-7B-35.