Title 42 — RECREATION AND SPORTS

The commission may revoke the appointment at any time. Source: SL 1990, ch 343 , § 3.

Limited card games, slot machines, craps, roulette, keno, and wagering on sporting events are hereby authorized, and may be operated, conducted, and maintained, within the city limits of the city of Deadwood, South Dakota, subject to the provisions of this chapter. Source: SL 198…

The members of the South Dakota Gaming Commission shall be paid mileage at the same rate as allowed for state employees. The commission shall receive per diem compensation and allowable expense reimbursement in an amount set pursuant to § 4-7-10.4 for all time actually spent whil…

The commission may promulgate rules pursuant to chapter 1-26 to enable the commission to: (1) Issue licenses, oversee, and define the gaming contracts of the licensees. Any license issued pursuant to this chapter is conditioned upon a specific waiver of all state and federal cons…

Any person aggrieved by a final action of the commission may appeal the final action to the circuit court in accordance with the provisions of chapter 1-26 , however any denial of an application for a license under § 42-7B-19 is not appealable. Source: SL 1989, ch 374 , § 10; SL …

The attorney general may exercise any authority of inspection and examination allowed in this chapter and may apply to the circuit court for enforcement of any provision of this chapter or rule promulgated pursuant to this chapter. Source: SL 1989, ch 374 , § 11.

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

A licensed gaming establishment shall obtain approval of its rules for blackjack, poker, craps, roulette, keno, and sports wagering from the commission and clearly post the approved rules within plain view of any applicable gaming table or area in which the gaming is offered for …

A full complement of gaming devices may not exceed thirty per retail license. Source: SL 1989, ch 374 , § 14; SL 1990, ch 343 , § 14; SL 1993, ch 321 , §§ 10C, 10F; SL 2015, ch 218 , § 6. 42-7B-16.1. Repealed by special referendum election held September 14, 1993 42-7B-16.2 to 42…

Not implemented 42-7B-17 Responsibilities of operator. 42-7B-18 Identification of retail floor plan--Approval--License granted only to retailer--Location of devices. 42-7B-19 Approval or disapproval of license. 42-7B-19.1 Denial of application--Reapplication. 42-7B-19.2 Investiga…

Each operator is responsible to provide audit and security measures relating to gaming devices, as prescribed by this chapter and the commission. The operator shall insure gaming device specifications comply with those provisions set forth in this chapter and the rules of the com…

The retail space of a licensee shall be identified by a physical layout within a building, called the retail floor plan. The retail floor plan showing the location of each gaming device shall be submitted to the commission at the time of application, and is subject to prior appro…

The commission may approve or disapprove any application for license, depending upon whether it deems the applicant a suitable person to hold the license and whether it considers the proposed location suitable. An applicant for any license under this chapter has the burden of pro…

Any applicant for a license who has had his application denied by the commission may not reapply until at least one year has elapsed from the date of the denial. Any person who has been denied a license for a second time may not reapply until at least three years have passed sinc…

In order to assist in determining the applicant's suitability pursuant to § 42-7B-19 , the applicant shall be fingerprinted and such fingerprints shall be forwarded to the Federal Bureau of Investigation identification division for a national criminal records check. By signing an…

No gaming is allowed under the authority of this chapter until the question to be submitted pursuant to § 42-7B-1 is approved by the voters of Deadwood, and until this chapter is implemented through the grant of applicable licenses by the South Dakota Commission on Gaming. If the…

The Legislature hereby finds, and declares to be the public policy of this state, that: (1) The success of gaming is dependent upon public confidence and trust that licensed gaming is conducted honestly and competitively, that the rights of the creditors of licensees are protecte…

No officer, agent, or employee of the commission may hold a license under this chapter. No officer, agent, or employee of the law enforcement departments of Lawrence County, the City of Deadwood, or the State of South Dakota may hold a license under this chapter. This prohibition…

The commission may establish an application fee which includes the cost of investigation and administration and is nonrefundable. The amount of the application fee may vary with the type of license or game for which application is made and with the type of applicant. The applicat…

The commission may issue the following types of licenses that are required to conduct gaming under this chapter: (1) Slot machine manufacturer or distributor license. The license fee is one thousand dollars and thereafter an annual fee renewable July first of each year in the sum…

If it is the judgment of the commission that the public interest will be served by requiring a key employee to be licensed, the commission shall serve notice of the determination upon the licensee who employs the key employee. The commission is not restricted by the title of the …

There is imposed a nonrefundable license stamp fee upon each gaming device located on a licensed premises. The annual fee for this stamp is two thousand dollars. The license stamp expires July first of each year. All license stamp fees shall be paid directly to the commission on …

Any license that is issued under this chapter is revocable, is not transferable, and no person holding a license acquires any vested interest or property right in the license. Source: SL 1989, ch 374 , § 22.

Before any person is licensed as an operator, gaming property owner, route operator, retailer, or sports wagering services provider, the person shall show that the person is of good moral character, and if an individual, that the individual is at least twenty-one years of age. So…

The commission may establish an internal control procedure limited to a particular licensee including accounting procedures, reporting procedures, and personnel policies. Source: SL 1990, ch 343 , § 9.

Repealed by SL 2012, ch 207 , § 1.

Any person employed by a retail licensee, operator, route operator, sports wagering services provider, slot machine manufacturer or distributor, associated equipment manufacturer or distributor, or as a card dealer, floor supervisor, or other gaming employee as determined by the …

There is hereby imposed an eight percent gaming tax on the adjusted gross proceeds of gaming allowed by this chapter. Source: SL 1989, ch 374 , § 26; SL 1990, ch 344 , § 1; SL 1991, ch 100 , § 3; SL 1994, ch 331 , § 1; SL 1995, ch 246 , § 3.

In addition to the gaming tax imposed by § 42-7B-28 , there is hereby imposed an additional one percent tax on the adjusted gross proceeds of gaming allowed by this chapter. The tax shall be paid to the commission and transferred to the general fund on a monthly basis notwithstan…

When calculating adjusted gross proceeds for the purpose of applying the tax imposed by §§ 42-7B-28 and 42-7B-28 .1: (1) Free play value provided by the operator is not included in the gross proceeds; (2) Cash prizes deducted are adjusted to not include an amount equal to ninety …

Not later than fifteen days following the end of each month, each gaming licensee shall make a return and remittance to the executive secretary on forms prescribed and furnished by the executive secretary. The executive secretary may grant an extension of not more than five days …

Gaming within the city limits of the city of Deadwood shall be regulated by the South Dakota Commission on Gaming. Source: SL 1989, ch 374 , § 2; SL 1993, ch 320 , § 2 rejected by referendum held September 14, 1993; SL 2015, ch 218 , § 2.

Any person who: (1) Makes any false or fraudulent return in attempting to defeat or evade the tax imposed by this chapter guilty of a Class 6 felony; (2) Fails to pay tax due under this chapter within thirty days from the date the tax becomes due is guilty of a Class 1 misdemeano…

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 f…

Any license granted pursuant to this chapter may be suspended or revoked for any cause that may have prevented its issuance, or for violation by the licensee, or any officer, director, agent, member, or employee of the licensee, of this chapter or any rule adopted by the commissi…

Any person, any stockholder owning five percent or more of any corporation or limited liability company, and any officer or director, or any partner in any partnership involved as a manufacturer, distributor, operator, retailer, gaming property owner, or sports wagering services …

42-7B-36 Minimum payback value of credit. 42-7B-37 Exemption from federal law. 42-7B-38 Shipments of devices and machines deemed legal. 42-7B-39 Shipping records required to be maintained--Report by recipient--Transport out of state--Violation as felony. 42-7B-39.1 Shipping recor…

Any participant in any gaming shall be twenty-one years or older. No licensee may permit any person who is less than twenty-one years of age to participate in any gaming. A violation of this section by a participant is a Class 1 misdemeanor and a violation by a licensee is a Clas…

The minimum payback value of one credit played on a slot machine shall be at least eighty percent of the value of the credit. Source: SL 1989, ch 374 , § 31; SL 1995, ch 245 , § 10.

Pursuant to section 2 of an act of Congress of the United States entitled "An Act to prohibit transportation of gambling devices in interstate and foreign commerce," approved January 2, 1951, designated 15 U.S.C. §§ 1171 to 1177, inclusive, and in effect January 1, 1989, the Stat…

All shipments of gaming devices, including slot machines, into and within this state, the registering, recording, and labeling of which has been duly had by the manufacturer or dealer thereof in accordance with sections 3 and 4 of an act of Congress of the United States entitled …

Any slot machine manufacturer or distributor shipping a slot machine into the State of South Dakota shall maintain for a period of at least five years from the time of shipment, the following records: a copy of the shipping invoice including at least the destination and the seria…

Any person or custodian in possession of any records required to be maintained by § 42-7B-39 shall deliver the records to the commission or its executive secretary upon request. Source: SL 1997, ch 245 , § 2.

Any slot machine seized pursuant to the provisions of § 42-7B-39 may be destroyed after notice and without hearing if the person from whom the slot machine was seized fails to appear at the time and place scheduled in the hearing notice. Source: SL 2015, ch 220 , § 2.

Terms used in this chapter mean: (1) "Adjusted gross proceeds," except in the case of the games of poker, gross proceeds less cash prizes. In games of poker, the term means any sum wagered in a poker hand that may be retained by the licensee as compensation which must be consiste…

Any retail licensee under this chapter shall have at least one licensed employee that is at least twenty-one years of age on the premises or within a contiguous premises in full view and control of any gaming operated on the premises. The commission shall adopt rules, pursuant to…

Any person who knowingly makes a false statement in any application for a license or in any statement attached to the application, fails to keep books and records to substantiate the receipts, expenses, or uses resulting from gaming conducted under this chapter as prescribed in r…

It is unlawful for any person playing or conducting any authorized game of chance, conducted by a licensee to: (1) Use bogus or counterfeit chips, tokens, devices, coins, tickets, cards, dice, roulette balls, or any other item of artificial value; (2) Employ or have on one's pers…

42-7B-44 Expenditure of public funds for purchase of certain machines--Proceeds--Placement. 42-7B-45 Extension of credit prohibited--Violation as felony. 42-7B-46 Historic restoration and preservation fund created. 42-7B-47 Gaming exempt from certain statutes. 42-7B-48 South Dako…

All slot machines, associated equipment, and devices or equipment to conduct sports wagering, allowed under this chapter, shall have the security and audit specifications established in rules adopted by the commission. Source: SL 1989, ch 374 , § 38; SL 1990, ch 343 , § 21; SL 20…