South Dakota Administrative Code

Rule 20:18:06:06 Conditions imposed by commission for reissuance of license. 20:18:06:06. Conditions imposed by commission for reissuance of license. The commission or executive secretary may require a person who formerly held a license to meet certain conditions before reissuing…

Rule 20:18:06:07 Procedure upon dissolution. 20:18:06:07. Procedure upon dissolution. Upon dissolution of a corporation, partnership, or association, the qualifying licensee must return the license to the commission within 10 days following the date of the dissolution. Source: 16…

Rule 20:18:06:08 Transfers of interest. 20:18:06:08. Transfers of interest. No person may sell, lease, purchase, convey, or acquire an interest in a retail licensee or operator licensee without the prior approval of the commission. Source: 16 SDR 57, effective October 1, 1989. Ge…

20:18:06:09. Regulation of ownership interests. The executive secretary shall require an applicant or a person owning an interest in a license to complete an application requiring background information, source of funding, and a sworn statement that the person is not holding the …

Rule 20:18:06:10 Reapplication required if license not received in one year. 20:18:06:10. Reapplication required if license not received in one year. An applicant for a license who has been found suitable for licensing and has not received a license within one year from the date …

Rule 20:18:06:11 Reapplication required after license lapsed one year. 20:18:06:11. Reapplication required after license lapsed one year. A person who has not held an active license for a period of one year must resubmit an application for licensure. Source: 19 SDR 21, effective …

Rule 20:18:06:12 Application for approval of games. 20:18:06:12. Application for approval of games. Any person seeking approval of a new game or a variation of a game of poker, blackjack, craps, roulette, keno or blackjack-poker combination shall submit an application on a form p…

20:18:06:13. Licensees contact information. All licensees shall keep the commission updated of their contact information including the licensee's mailing address and phone number. Source: 49 SDR 9, effective August 9, 2022. General Authority: SDCL 42-7B-7, 42-7B-11(13). Law Imple…

20:18:07:01. Approval. The commission may approve an application that meets all requirements, including the background investigation. The commission may approve a temporary license pending an application for a permanent license and pending the background investigation. The execut…

20:18:07:01.01. Approval with conditions or for a limited period. The commission may grant a license with special conditions, for a limited period, or both. Source: 16 SDR 233, effective July 1, 1990; 50 SDR 145, effective June 11, 2024. General Authority: SDCL 42-7B-7. Law Imple…

Rule 20:18:07:01.02 Insurance required. 20:18:07:01.02. Insurance required. A retail licensee must furnish proof to the commission that it has at least one million dollars of public liability insurance insuring the public against injury, death, or loss of property on the retail l…

20:18:07:02. Qualifying licensee, manager, or agent. The commission may not grant a license unless the applicant designates in the application at least one person who owns a substantial interest in the corporation, partnership, or association and who will represent the licensee a…

20:18:07:03. Termination of qualifying licensee, manager, or agent. Upon the termination of a qualifying licensee's, manager's, or agent's affiliation with the licensee, the licensee must name at least one new qualifying licensee, manager, or agent and notify the executive secret…

Rule 20:18:07:04 Untrue statements. 20:18:07:04. Untrue statements. The commission may refuse to grant a license to an applicant who makes deliberate misstatements, deliberate omissions, misrepresentations, or untruths in the application or in the background investigation. Source…

Rule 20:18:07:05 Transferred. 20:18:07:05. Transferred to § 20:18:08:02.01.

Rule 20:18:07:06 Appeal. 20:18:07:06. Appeal. If an application for support license is denied by the executive secretary, the applicant may appeal the denial in writing to the commission within 10 days of being notified of the denial. The appeal is a contested case pursuant to SD…

Rule 20:18:07:07 Executive secretary approval. 20:18:07:07. Executive secretary approval. The executive secretary may approve an application for a renewal of any license issued by the commission, approve an application for an additional retail license to a person who holds at lea…

Rule 20:18:07.01:01 Procedure to determine unsuitability. 20:18:07.01:01. Procedure to determine unsuitability. A proceeding to determine the unsuitability of a person engaged in gaming or employed by a gaming establishment or of an act or practice may be commenced by the filing …

Rule 20:18:07.01:02 Procedure to determine suitability. 20:18:07.01:02. Procedure to determine suitability. 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 chapter 20:18:04. Source: 16 SDR…

Rule 20:18:08:01 Enforcement powers. 20:18:08:01. Enforcement powers. The executive secretary or an employee or agent of the commission by direction of the executive secretary may perform the following activities: (1) Inspect and examine, without notice, premises where gaming is …

Rule 20:18:08:02 Information to be furnished by licensee. 20:18:08:02. Information to be furnished by licensee. If changes in the ownership or financial interest in a license occur, a licensee must report to the commission the full name and address of every person, including lend…

Rule 20:18:08:02.01 Job descriptions -- List of personnel. 20:18:08:02.01. Job descriptions -- List of personnel. A retail licensee must furnish to the executive secretary by the 10th day of each month a written list of all persons employed by the licensee who hold a support or k…

20:18:08:03. Access to premises and production of records. 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 …

Rule 20:18:08:04 Summoning of licensee. 20:18:08:04. Summoning of licensee. 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 …

Rule 20:18:08.01:01 Preparation of exclusion list. 20:18:08.01:01. Preparation of exclusion list. 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 sourc…

Rule 20:18:08.01:02 Criteria for exclusion. 20:18:08.01:02. Criteria for exclusion. The criteria to be applied by the commission to prepare a list of persons to be included on the exclusion list are the criteria set forth in SDCL 42-7B-61, any one of which is sufficient for place…

Rule 20:18:08.01:03 Distribution of the exclusion list. 20:18:08.01:03. Distribution of the exclusion list. 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 …

Rule 20:18:08.01:04 Content of the information for persons on the exclusion list. 20:18:08.01:04. Content of the information for persons on the exclusion list. If available, the following information and data shall be provided for each excluded person: (1) The full name and any a…

Rule 20:18:09:01 Grounds for disciplinary action. 20:18:09:01. Grounds for disciplinary action. The following acts or omissions are grounds for disciplinary action: (1) Hiring or employing a person who does not have a support license or key employee license when required by this …

20:18:09:02. Proscribed conduct. 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. Source: 16 SDR 57, effective October 1, 1989; 50 SDR 145, effective Jun…

20:18:09:03. Revocation or suspension of other license. 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. Source: 1…

20:18:09:04. Facts of criminal charge. 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 …

Rule 20:18:10:01 Complaints authorized -- Procedure following filing. 20:18:10:01. Complaints authorized -- Procedure following filing. A person claiming that a licensee has engaged or is engaging in conduct constituting grounds for disciplinary action may file with the executive…

20:18:10:02. Dismissal of complaint. 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 d…

20:18:10:03. Informal consultation. 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…

Rule 20:18:10:04 Assurance of voluntary compliance. 20:18:10:04. Assurance of voluntary compliance. 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…

Rule 20:18:10:05 Formal proceedings. 20:18:10:05. Formal proceedings. 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 t…

20:18:10:06. Contents of commission complaint. 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. Source: 16 SDR 57…

20:18:10:07. Date of hearing. The commission must hold the hearing at a time and place convenient to all of the parties concerned. Source: 16 SDR 57, effective October 1, 1989; 50 SDR 145, effective June 11, 2024. General Authority: SDCL 42-7B-7. Law Implemented: SDCL 42-7B-2, 42…

Rule 20:18:10:08 Repealed. 20:18:10:08. Answer.Repealed. Source: 16 SDR 57, effective October 1, 1989; 22 SDR 95, effective January 18, 1996; repealed, 23 SDR 227, effective July 1, 1997.

Rule 20:18:10:09 Disqualification. 20:18:10:09. Disqualification. 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 commis…

20:18:10:10. Per diem and mileage. 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-…

20:18:10:11. Final action by commission. 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 repri…

20:18:11:01. Petition for hearing. 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…

20:18:11:02. Petition for review. 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…

Rule 20:18:12:01 Class A violation -- Class B violation. 20:18:12:01. Class A violation -- Class B violation. 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…

20:18:12:02. Grounds for summary suspension. 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 fel…

20:18:12:03. Notice. 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. Source: 16 SDR 57, effective Octobe…

20:18:12:04. Complaint required. 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 compl…

20:18:12.01:01. Gaming by licensees. 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 emplo…