reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words and phrases defined in §§
									20:04:31:01  and 20:04:32:01  have the same meaning when used in this chapter. Terms used in this article mean:
(1) "Account," an account for account wagering with a specific identifiable record of deposits, wagers, and withdrawals established by an account holder and managed by a hub licensee;
(2) "Account application," the form or forms and other required submissions received from an applicant with the intent of opening an account;
(3) "Account holder," a natural person who successfully completed an application and for whom a hub licensee has opened an account;
(4) "Account wagering," a process of making pari-mutuel wagers in which a natural person may deposit money in an account with a hub licensee and then uses the current balance to pay for pari-mutuel wagering conducted by the hub licensee;
(5) "Batch betting," a process where the wagering information for more than six wagering transactions is accumulated and sent in one data packet from the account holders computer or other electronic device to the multi-jurisdictional totalizator hubs wager processing server or to the totalizator providing service to the multi-jurisdictional totalizator hub with a single or no human transmittal action;
(6) "Bet streaming," a process where the wagering information for more than six wagering transactions is accumulated and sent as a data flow from the account holders computer or other electronic device to a multi-jurisdictional totalizator hubs wager processing server or to the totalizator providing service to the multi-jurisdictional totalizator hub with a single or no human transmittal action;
(7) "Confidential account information," includes:
(a) The amount of money credited to, debited from, withdrawn from, or present in any particular account holders account;
(b) The amount wagered by a particular account holder on any race or series of races;
(c) The account number and secure personal identification code or codes of a particular account holder;
(d) The identities of the particular entries on which the account holder is wagering or has wagered; and
(e) Unless otherwise authorized by the account holder the disclosure of the name, address, and other information in the possession of a hub licensee that identifies the account holder to anyone other than a representative of the commission;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:02 - Location of wager

Current through Register Vol. 51, page 10, July 15, 2024
Each wager made through a multi-jurisdictional totalizator hub is deemed to be made at the location of the hub licensees wager processing server.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:03 - Deposit of money

Current through Register Vol. 51, page 10, July 15, 2024
The multi-jurisdictional totalizator hub shall deposit all money received from account holders in a state or federally chartered bank by the next banking day.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:04 - Pari-mutuel tax

Current through Register Vol. 51, page 10, July 15, 2024
On a weekly basis each multi-jurisdictional totalizator hub licensee shall pay to the commission the percentage due to the state based on the amount of money contributed through the hub licensees wager processing server during the preceding week.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1,  42-7-102.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:05 - Returns and reports - Time frames - Penalties

Current through Register Vol. 51, page 10, July 15, 2024
Any person required to file returns or reports under this chapter, who fails to file a return or report which includes all taxable transactions within fifteen days following the date the return or report is due is subject to an additional amount, assessed as a penalty, equal to fifteen percent of the tax or ten dollars whichever is greater. However, for reasonable cause shown, the executive secretary may reduce or eliminate such penalty. Any person subject to tax under this chapter who fails to pay the tax within the time prescribed is subject to an interest charge of two percent per month or part thereof for which the payment is late or five dollars whichever is greater. Penalty and interest are considered the same as tax for the purposes of collection and enforcement including liens, distress warrants, and criminal violations. Any payment received for taxes, penalty, or interest is applied first to tax, beginning with the oldest delinquency, then to interest, and then to penalty. The executive secretary may, upon application of the taxpayer, establish a maximum interest rate of thirty-six percent upon delinquent taxes if the executive secretary determines that the delinquent payment was caused by a mistake of law and was not caused by an intent to evade the tax.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1,  42-7-102.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:06 - Take-out rates for non-merged pools

Current through Register Vol. 51, page 10, July 15, 2024
The multi-jurisdictional totalizator hub licensee as part of the operating plan, or an update to the plan, may define a wagering pool not to be merged with the wagering pools of the race track where the race is being run live and set the take-out rate for the pool, subject to approval of the commission.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1,  42-7-102.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:07 - Required system configuration and elements

Current through Register Vol. 51, page 10, July 15, 2024
Each multi-jurisdictional totalizator hub must have:
(1) A closed-loop subscriber based system approved by the commission;
(2) An effective customer identity, address, and age verification system approved by the commission;
(3) Appropriate data security standards and firewalls approved by the commission to prevent unauthorized access by any person who has not subscribed or who is not eligible to participate in pari-mutuel wagering;
(4) Effective controls in place to prevent account holders from unauthorized use of computer robotic wagering, batch betting, or bet streaming to place wagers through the hubs wager processing server or through the totalizator that is providing the hubs totalizator service if the cost of such wager is to be paid from an account held by the hub licensee;
(5) An operational real-time secondary recording device capable of recording each wagering transaction made through the hubs wager processing server;
(6) A cataloged and retrievable archive of the secondary recording of wagers for at least two years after the date of each wager;
(7) Communication capabilities to each hubs wager processing server of at least 120 percent of the projected or most recent six month actual call/transaction volume whichever is greater;
(8) At least a duplex configuration of each wager process server; and
(9) A minimum of one duplex configuration for the totalizator computer
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:07.01 - Totalizator room requirements

Current through Register Vol. 51, page 10, July 15, 2024
A hub shall provide a totalizator room that houses the main computing and communications equipment which may either be at the hub or at a remote facility. The operator's terminal must be located at the hub facility. All rooms housing the above equipment must include:
(1) Air conditioning with humidity control to maintain a stable environment that meets the specifications of the computer equipment manufacturer;
(2) A master power switch that allows all or part of the equipment housed in the room to be turned off in an emergency;
(3) A smoke/fire alarm system that sounds locally and is tied into the master alarm system of the facility;
(4) Fire extinguishers to deal with minor electrical fires;
(5) A communication system connecting the totalizator operator with the mutuel manager and the commission office;
(6) A private outside line for communication with supervisors, programmers, or totalizator personnel at other sites; and
(7) Fire resistant, locking storage cabinets to hold removable data storage devices and documents necessary for operating the system.
General Authority:
SDCL  42-7-56(13)(16).
Law Implemented:
SDCL  42-7-56(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:07.02 - Uninterruptible power supply (UPS)

Current through Register Vol. 51, page 10, July 15, 2024
If a power failure occurs, the totalizator computer system used by the hub must be supported by an uninterruptible power supply (UPS) to allow for system shutdown that provides a means for:
(1) All wagering data in the computer at the time of the power failure and system shutdown to remain intact and all race and end-of-day reports to be produced;
(2) The UPS to be able to supply even power to the totalizator system, for a minimum of 15 minutes, when a power surge or drop occurs; and
(3) An alarm associated with the UPS to be readily recognizable by the totalizator operator from inside the totalizator room.
General Authority:
SDCL  42-7-56(13)(16).
Law Implemented:
SDCL  42-7-56(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:07.03 - Independent monitoring system

Current through Register Vol. 51, page 10, July 15, 2024
The totalizator system used by the hub shall be capable of transmitting data in real time to an independent real time monitoring system approved by the commission. This system is to provide information in a read-only format. The independent real time monitoring system shall be capable of:
(1) Verifying all transactions performed by the totalizator;
(2) Allowing real-time access to the independent monitoring system to the commission and the hub for monitoring activity; and
(3) Automatically notifying the mutuel manager or duly appointed representative if the system detects a discrepancy in the totalizator operation or with the independent monitoring system.
General Authority:
SDCL  42-7-56(13)(16).
Law Implemented:
SDCL  42-7-56(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:07.04 - System errors

Current through Register Vol. 51, page 10, July 15, 2024
The mutuel manager shall determine the cause of an error in the totalizator operation or the independent monitoring system and make the necessary repairs or adjustments. Notification of any discrepancy or error identified pursuant to this section shall be made to the executive secretary no later than 24 hours after each occurrence.
General Authority:
SDCL  42-7-56(13)(16).
Law Implemented:
SDCL  42-7-56(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:07.05 - End-of-day reports

Current through Register Vol. 51, page 10, July 15, 2024
For each race offered, the totalizator system must be capable of producing the following reports and have the reports available for review by the executive secretary:
(1) The balance report showing the following for every wagering device operated on that day:
(a) The teller's name or identification number, if applicable;
(b) The total value and number of tickets sold, canceled, and cashed for the current day;
(c) The total amount of money drawn from the customer accounts, including the beginning draws;
(d) The total amount of money returned to the customer accounts; and
(e) A listing of adjustments made to each wagering device balance after each wagering device has been individually balanced;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:07.06 - Other standard and special reports

Current through Register Vol. 51, page 10, July 15, 2024
A hub shall produce any report requested by the commission no later than 72 hours, unless otherwise directed, after receiving the request. These reports may include:
(1) An odds progression report showing each successive line of odds for the win pool and the time it was displayed to the public;
(2) A ticket and transaction history report showing the appropriate portion of the ticket history log for the requested ticket identification numbers;
(3) A terminal history report showing the portion of the terminal log requested;
(4) A canceled tickets report, for a performance or race, showing each ticket canceled that day in the form of the ticket history report, the identity of the wagering device that cashed the ticket, and an indication as to whether the ticket was cashed using a manual keyboard entry or an automatic machine read as well as a subtotal for each wagering device;
(5) A network balance report summarizing the activity and liabilities for each site within a tote-to-tote network;
(6) A teller inquiry report showing the time of each cash balance inquiry made by each teller;
(7) A wagering report required for multi-leg pools four legs or more, showing the amount bet on every combination of the pool and total amount bet;
(8) An account history report showing all activity for each account;
(9) Inter-Track wager report for a card showing the separate or consolidated report for wagers made at participating tracks including all money wagered on each runner or combination of runners in each pool for each race. Separate or consolidated report for the host track and each satellite track and the combined totals are required and any additional reports, as determined by the commission;
(10) Ticket history report and terminal history report, in the case of a wagering device to totalizator network failure, for each specific location and time period in order to determine what wagers have been recorded in the totalizator from the remote site, including any advance bets;
(11) Pool transmission report listing time of each pool transmission; and
(12) The totalizator system must be able to produce a special report that filters data by performance, race, pool, betting interest, wagering device, sites, or any combination thereof in this section.
General Authority:
SDCL  42-7-56(13)(16).
Law Implemented:
SDCL  42-7-56(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:07.07 - On-line logs

Current through Register Vol. 51, page 10, July 15, 2024
The hub shall produce a daily log to the commission on request. The hub must produce at a minimum the following logs in a format prescribed by the commission:
(1) Teller/machine history log showing for every wagering device operated during a performance:
(a) Each time the wagering device was opened and closed;
(b) Each wagering transaction, the wagers made, tickets issued, and total value of the transaction;
(c) Each cashing, canceling, or refunding transaction, the identification numbers of the tickets processed, the wagers paid out, and the value of the wagers paid out;
(d) Any special function, including teller balance, accessed through the wagering device; and
(e) The times of day each of the transactions listed in this subdivision were made;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:07.08 - Off-line log

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the computer generated reports and logs, the hub personnel must maintain at a minimum the following logs for review by the commission or duly appointed representative:
(1) A system incident log must include a description of each incident involving the totalizator system, including system failure, the cause of the failure, and the corrective action taken;
(2) Totalizator room access log of all persons entering and leaving the totalizator central computer room; this includes entries of date, time, and name of each person entering and leaving the room; and
(3) Totalizator maintenance log of all maintenance work completed on wagering devices and the main totalizator computers or printers showing:
(a) The name of the person performing the work;
(b) The date and time of day when the maintenance was performed; and
(c) The type of maintenance performed.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:08 - Prohibited practices

Current through Register Vol. 51, page 10, July 15, 2024
No multi-jurisdictional totalizator hub or any of its employees may:
(1) Offer or pay rebates to account holders without submitting the rebating practices in the operating plan required in §
									20:04:33:26  or accept less than the full amount for the wager placed;
(2) Allow a person to wager on credit;
(3) Allow a person who is under the minimum age, as set forth in this chapter, to wager;
(4) Allow an account holder to use computer robotic betting, batch betting, or bet streaming to place wagers through the hub licensees wager processing server or through the totalizator that is providing the hub licensees totalizator service, if the cost of such wager is to be paid from an account held by the hub licensee without submitting such practices in the operating plan required in §
									20:04:33:26;
(5) Allow an account to be held or be in the name of any entity other than one natural person; and
(6) Allow another person to access the account holders account, to place wagers using the funds in the account holders account, or to share an account.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:09 - Disciplinary action

Current through Register Vol. 51, page 10, July 15, 2024
The commission may revoke or suspend the license, levy fines, or take other disciplinary action as deemed appropriate against any multi-jurisdictional totalizator hub licensee or any licensed hub personnel for violation of any provision of the gaming or pari-mutuel rules of South Dakota or any state or federal statute subject to the provisions of SDCL chapter 1-26.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1,  42-7-93.
Gaming Commission -- Deadwood Gambling, article 20:18; Gaming Commission -- Racing, article 20:04.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:10 - Unsuitability determinations

Current through Register Vol. 51, page 10, July 15, 2024
A proceeding to determine the unsuitability of a person engaged in pari-mutuel wagering or employed by a facility licensed by the commission, or a proceeding to determine the unsuitability of any act or practice may be commenced by the filing of a complaint by the commission or by an officer, agent, or employee of the commission. The complaint must state the facts necessary to support the allegation of unsuitability. The procedure in chapter 20:04:01 must be followed to dispose of the complaint.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
General Administration, chapter 20:04:01.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:11 - Suitability determinations

Current through Register Vol. 51, page 10, July 15, 2024
A petition or request to determine suitability of a person or act or practice must be commenced as a request for a declaratory ruling under §
									20:04:01:07.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
Petition for declaratory ruling, §
											20:04:01:07.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:12 - Exclusion grounds

Current through Register Vol. 51, page 10, July 15, 2024
Individuals, licensed or unlicensed, who the commission determines pose a threat to the interests of the state or to licensed pari-mutuel wagering may be excluded from employment, or participation in pari-mutuel wagering through any multi-jurisdictional totalizator hub. In making the determination for exclusion, the commission may consider any of the following:
(1) Prior conviction of a felony, a misdemeanor involving moral turpitude, or a violation of racing, gaming, or pari-mutuel laws of any state, the United States, any of its possessions or territories, or Indian tribes;
(2) A violation, attempt to violate, or conspiracy to violate, the provisions of the racing, gaming, or pari-mutuel statutes or rules of the state or any other state, the United States, any of its possessions or territories or Indian tribes;
(3) A violation, attempt to violate, or conspiracy to violate, the provisions of the gaming or pari-mutuel statutes or rules of the state relating to the failure to disclose an ownership interest in a gaming establishment or a pari-mutuel facility for which the person must obtain a license or make disclosures to the commission;
(4) The intentional evasion of lawful fees or taxes;
(5) Notorious or unsavory reputation that would adversely affect public confidence and trust that the gaming and the pari-mutuel industry is free of criminal or corruptive influences;
(6) Catering to, assisting, or associating with, either socially, or in business affairs, persons of notorious or unsavory reputation, or who have extensive criminal records or persons who have defied congressional committees, other officially constituted bodies, on behalf of the United States or any state, or persons associated with known criminal organizations;
(7) Denial or revocation of a racing, pari-mutuel, or gaming license in any jurisdiction; or
(8) Termination for cause by, or exclusion from, any licensed or tribal gaming establishment, pari-mutuel facility, or racetrack in any jurisdiction.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:13 - 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 from employment, or participation in pari-mutuel wagering through any multi-jurisdictional hub licensed in this state. The commission may consult with any gaming jurisdiction, pari-mutuel jurisdiction, law enforcement agency, or credible source, public or private, to prepare the list. The executive secretary may recommend changes to the exclusion list.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:14 - Notice of exclusion

Current through Register Vol. 51, page 10, July 15, 2024
If the name and identifying information of an individual is placed on the list, the commission shall serve notice of that action upon the person by at least one of the following means:
(1) Personal service;
(2) Certified or registered mail to the last known address of the person; or
(3) Publication in an official newspaper in the county in which the hub is located.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:15 - Right to contest exclusion

Current through Register Vol. 51, page 10, July 15, 2024
A person placed on the exclusion list may contest the action by filing a written protest with the commission and the protest shall be heard by the commission as a contested case pursuant to SDCL chapter 1-26.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:16 - Multi-jurisdictional totalizator hub license

Current through Register Vol. 51, page 10, July 15, 2024
Prior to operating a hub an entity or person must apply for and be granted a multi-jurisdictional totalizator hub license from the commission to conduct simulcasting and pari-mutuel wagering in accordance with SDCL  42-7-58.7 and this chapter.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1,  42-7-58.7.
Consideration of applications for licenses for satellite facilities, SDCL  42-7-58.7.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:17 - Consideration of applications

Current through Register Vol. 51, page 10, July 15, 2024
The commission may approve, deny, or approve subject to changes in the operation plan any application for licensure as a "multi-jurisdictional totalizator hub", if the commission deems the applicant suitable to hold the license and considers the level of technology and operational issues and practices proposed in the operation plan to be in the publics best interest. The applicant has the burden of proving its qualifications and suitability, as well as the quality of the operation plan, by clear and convincing evidence, to the satisfaction of the commission.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1,  42-7-58.7.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:18 - Licenses not transferable

Current through Register Vol. 51, page 10, July 15, 2024
Any license issued to operate a multi-jurisdictional totalizator hub is revocable and is not transferable. The holder of such license does not acquire any vested interest or property right in the license.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1,  42-7-65.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:19 - Interest in license - Prior approval

Current through Register Vol. 51, page 10, July 15, 2024
No person may sell, lease, purchase, convey, or acquire an interest in a multi-jurisdictional totalizator hub license without the prior approval of the commission.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1,  42-7-65.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:20 - Background investigation

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for a license as a multi-jurisdictional totalizator hub must submit to a background investigation regarding the applicants past conduct and technical and business ability to adequately conduct the operation of the hub in accordance with this chapter.
General Authority:
SDCL  42-7-56(15)(16)(17).
Law Implemented:
SDCL  42-7-56(15)(16)(17),  42-7-58.1,  42-7-58.7.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:21 - Individuals subject to application and background investigations

Current through Register Vol. 51, page 10, July 15, 2024
If the applicant for a license as a multi-jurisdictional totalizator hub is a corporation, shareholders holding five percent or more of the corporations stock must file an application and consent to a background investigation to determine the suitability for licensure. The commission may require any shareholder owning less than five percent of the corporations stock to file an application and consent to a background investigation to determine the stockholders suitability for licensure. If the applicant for a license as a multi-jurisdictional totalizator hub is a formal or an informal partnership each partner must file an application and consent to a background investigation to determine the applicants suitability for licensure.
General Authority:
SDCL  42-7-56(15)(16)(17).
Law Implemented:
SDCL  42-7-56(15)(16)(17) 42-7-58.1, 42-7-58.7.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:22 - Criminal records check

Current through Register Vol. 51, page 10, July 15, 2024
In determining the applicants suitability for licensure, the owners of any entity applying for a multi-jurisdictional totalizator hub license shall be fingerprinted and such fingerprints shall be forwarded to the Federal Bureau of Investigation identification division for a national criminal records check.
General Authority:
SDCL  42-7-56(15)(16)(17).
Law Implemented:
SDCL  42-7-56(15)(16)(17),  42-7-58.1,  42-7-58.7.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:23 - Authority to conduct background investigation

Current through Register Vol. 51, page 10, July 15, 2024
By signing and filing an application for a license subject to the perjury laws of this state, the applicant authorizes the commission to obtain information from any source, public or private, in this or any other country regarding the background or conduct of the applicant or any of its stockholders, lenders, holders of evidence of indebtedness, underwriters, executives, officers, directors, partners, agents, or employees.
General Authority:
SDCL  42-7-56(15)(16)(17).
Law Implemented:
SDCL  42-7-56(15)(16)(17),  42-7-58.1,  42-7-58.7.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:24 - Failure to allow investigation

Current through Register Vol. 51, page 10, July 15, 2024
The applicants failure to allow investigation into the applicants background or to disclose all information as requested by the commission or providing false or misleading information is grounds for denial of the license.
General Authority:
SDCL  42-7-56(15)(16)(17).
Law Implemented:
SDCL  42-7-56(15)(16)(17),  42-7-58.1,  42-7-58.7.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:25 - Application for multi-jurisdictional totalizator hub license

Current through Register Vol. 51, page 10, July 15, 2024
The application for a "multi-jurisdictional totalizator hub license" must be submitted on a form provided by the commission, and in addition must have the following information included in attachments:
(1) If the applicant is a corporation, the names, addresses, and dates of birth of its shareholders, directors, and officers and if a shareholder is a corporation the date of incorporation, the place of incorporation and the names, addresses, and dates of birth of its shareholders, directors, and officers must be provided;
(2) If the applicant is a partnership the names, addresses, and dates of birth of the partners and if a partner is a corporation the date of incorporation, the place of incorporation and the names, addresses, and dates of birth of its shareholders must be provided;
(3) If the applicant is a corporation ultimately owned by a not-for-profit entity without any shareholders, or is a publicly traded corporation, the information required in subdivisions (2) and (3) of this section shall be required from the directors of the membership organization, or the directors and officers of the publicly traded corporation, in lieu of the shareholders;
(4) The names of the racetracks the applicant, or its agent, has contracts with that allow the applicant to provide the simulcast signals and pari-mutuel wagering on the product;
(5) A statement of the beginning and ending dates of the applicants business year;
(6) A detailed budget showing anticipated revenue, expenditures, and cash flows by month, from the hub's operation during the license period;
(7) The number of days that the applicant is planning to operate the hub during the year in which the applicant is seeking to be licensed;
(8) Financial information from the applicant that demonstrates the applicant has the financial resources to install and operate a hub; and
(9) A detailed operating plan.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1,  42-7-58.7.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:26 - Operating plan

Current through Register Vol. 51, page 10, July 15, 2024
The operating plan submitted with the application shall address at a minimum the following subjects:
(1) A detailed description of the manner in which the proposed simulcasting of the audio and video signals from the host tracks and the wagering system will operate, including:
(a) System configuration;
(b) Communication capabilities;
(c) Procedure to be used in case of data communication errors;
(d) Firewalls;
(e) Security access standards;
(f) Staffing (tote, hardware control, customer service, and dispute resolution);
(g) Totalizator computer provider and location;
(h) How the simulcast of the audio/video signal will be provided to the subscribers; and
(i) An estimate of how many races carried on the wagering menu will be available as a simulcast audio/video signal;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:27 - Changes in operating plan

Current through Register Vol. 51, page 10, July 15, 2024
The commission may require changes in a proposed plan of operations as a condition of a license. No subsequent changes in the systems operation may occur unless ordered by the commission or until approval is obtained from the commission or the executive secretary after a written request is received from the hub licensee.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1,  42-7-58.7.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:28 - Penalty for failure to follow operating plan, commission order, or other rules and laws

Current through Register Vol. 51, page 10, July 15, 2024
If a multi-jurisdictional totalizator hub licensee fails to carry out the provisions set forth in its operating plan as approved by the commission, or ordered by the commission in the timeline set forth in the commissions order, or violates any South Dakota Commission on Gaming rule, or any state or federal statute the commission may either suspend or revoke the license of the multi-jurisdictional totalizator hub or its employees or fine the licensee, or both.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:29 - Initial system audit

Current through Register Vol. 51, page 10, July 15, 2024
The applicant for a multi-jurisdictional totalizator hub license must submit the applicants system to initial system audits as determined by the commission.
Prior to provisional approval of the system configuration provided in the operating plan the commission may conduct a pre-installation system audit during which the applicant shall provide detailed diagrams and explanations of the system configuration.
After the wagering and simulcasting system has been installed by the hub operator, prior to final approval to begin operation, the commission or its designee shall conduct a post-installation system audit during which the applicant must demonstrate to the satisfaction of the commission or its designee that the system conforms to the operating plan and the provisions of this chapter.
General Authority:
SDCL  42-7-56(15)(16)(17).
Law Implemented:
SDCL  42-7-56(15),  42-7-56(16)(17),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:30 - Term of license

Current through Register Vol. 51, page 10, July 15, 2024
The term of a license for a multi-jurisdictional hub is one calendar year, or portion thereof.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:31 - Application and audit fees

Current through Register Vol. 51, page 10, July 15, 2024
The application fee for a multi-jurisdictional totalizator hub license is $5,000. The initial system audit fee is $2,000. These fees must be submitted with the license application and are nonrefundable.
General Authority:
SDCL  42-7-56(15)(16),  42-7-56(17).
Law Implemented:
SDCL  42-7-56(15)(16)(17),  42-7-58.1,  42-7-58.7.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:32 - Background investigation fee

Current through Register Vol. 51, page 10, July 15, 2024
An additional fee may be required to conduct the background investigation of an applicant for a hub license or the initial system audit. If the commission or the executive secretary determines that an additional fee is required to continue or complete the investigation or audit, the processing of the application shall cease until such time as the applicant has furnished the additional fee which may not exceed the actual cost as provided in subdivision 42-7-56(17).
General Authority:
SDCL  42-7-56(15)(16)(17).
Law Implemented:
SDCL  42-7-56(15)(16)(17),  42-7-58.1,  42-7-58.7.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:33 - Bond

Current through Register Vol. 51, page 10, July 15, 2024
At the time of final approval of the applicants system and license, the multi-jurisdictional totalizator hub applicant shall give to the commission a bond in an amount set by the commission, that guarantees all payments to the commission, payments for winning tickets, and the payment of account balances not to exceed $10,000 per account. The bond must be made payable to the South Dakota Commission on Gaming.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1,  42-7-60.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:34 - Claims for nonpayment

Current through Register Vol. 51, page 10, July 15, 2024
An account holder, who is claiming that nonpayment has occurred, shall file a claim of nonpayment with the commission. The commission shall investigate the claim and provide the hub licensee with an opportunity to respond and submit any supporting documents or evidence needed to defend the claim. If the commission determines that the account holder is entitled to restitution, the hub licensee shall have ten days to pay the amount determined by the commission. If the hub licensee fails to make restitution within this time, the commission may take appropriate action against the bond.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:35 - Hub employee licensing

Current through Register Vol. 51, page 10, July 15, 2024
Any personnel involved in the management or operation of a multi-jurisdictional totalizator hub, whether the involvement is on or off site, is required to be licensed by the commission prior to beginning his or her duties.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:36 - Prohibition against licensure of law enforcement officials

Current through Register Vol. 51, page 10, July 15, 2024
No officer, agent, or employee of the law enforcement department of the town, city, county, or state where a licensed hub is located may hold a license to work at or own a multi-jurisdictional totalizator hub. This prohibition applies to the commission and its employees and each law enforcement official and officer. No licensee may employ any person in any capacity directly related to the licensee's hub operation and activities while that person is in the employment of a law enforcement agency or the commission.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:37 - Licensure qualification

Current through Register Vol. 51, page 10, July 15, 2024
Any individual employed by a multi-jurisdictional totalizator hub shall have a current valid license. Any individual seeking a license shall be a person of at least 21 years of age and of good moral character. The commission may deny a license to any person discharged for cause by any licensed pari-mutuel facility or gaming establishment in this or any other country.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:38 - Categories of personnel licensing

Current through Register Vol. 51, page 10, July 15, 2024
Each hub personnel shall be licensed in one of the following two categories:
(1) Key employee; or
(2) Hub employee.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:39 - Licenses revocable

Current through Register Vol. 51, page 10, July 15, 2024
Each employee or hub employee license is revocable and is not transferable. No person holding a key employee or hub license acquires any vested interest or property right in the license.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:40 - Reapplication upon denial

Current through Register Vol. 51, page 10, July 15, 2024
No person who has had a license required by this chapter denied by the commission may reapply until at least one year has elapsed from the date of the denial. No person who has been denied a license two or more times may reapply until at least three years have elapsed from the date of the last denial.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:41 - Disciplinary action for false statements

Current through Register Vol. 51, page 10, July 15, 2024
Any person who knowingly makes a false statement in any application for a license or in any statement attached to the application, fails to keep books and records as prescribed in this chapter, or who falsifies any books or records connected with any pari-mutuel pools is subject to disciplinary action by the commission.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:42 - Proscribed conduct

Current through Register Vol. 51, page 10, July 15, 2024
Any act, whether of the same or of a different character than specified in this article, that constitutes dishonesty or fraudulent conduct, whether arising within or without the pursuit of the license privilege, committed by a licensee is grounds for disciplinary action.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:43 - 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 chapter 42-7 or this article.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:04 - GAMING COMMISSION - RACING › Chapter 20:04:33 - Multi-Jurisdictional Hubs › Section 20:04:33:44 - Termination of employment of key employee or hub employee

Current through Register Vol. 51, page 10, July 15, 2024
A key employee or hub employee licensee, who changes employment, is terminated, or resigns employment must notify the executive secretary in writing within seven days of the change in employment status.
General Authority:
SDCL  42-7-56(15)(16).
Law Implemented:
SDCL  42-7-56(15)(16),  42-7-58.1.