Title 42, RECREATION AND SPORTS

Each video lottery machine manufacturer, distributor, operator, and licensed establishment shall be licensed by the executive director before any video lottery machine or associated equipment is manufactured, distributed, sold, or placed for public use in this state. The commissi…

There is created in the state treasury the video lottery operating fund, into which shall be deposited the fees imposed pursuant to § 42-7A-41 and one - half of one percent of net machine income. Source: SL 1990, ch 342 , § 2; SL 1991, ch 353 , § 2.

The odds of winning each video lottery game shall be posted on or near each video lottery machine. The manner in which the odds are calculated and how they are posted shall be established by the commission by rule promulgated pursuant to chapter 1-26 . Source: SL 1991, ch 354 .

A video lottery machine manufacturer may not be licensed as a video lottery machine operator or own, manage, or control a licensed establishment. A video lottery machine distributor may not be licensed as a video lottery machine operator or own, manage, or control a licensed esta…

A person licensed, or applying for licensure, as a video lottery machine manufacturer, distributor, operator, or lottery retailer shall submit to a background investigation. Every partner, member, manager, director, and officer of the person, and any stockholder of five percent o…

The placement of video lottery machines in licensed establishments shall be subject to the rules of the commission promulgated pursuant to chapter 1-26 . No more than ten video lottery machines may be placed in any licensed establishment. The bar or lounge with an on-sale license…

The commission shall deny or revoke an establishment license for video lottery machine placement that does not meet the requirements of § 42-7A-44 . Source: SL 1991, ch 355 , § 2; SL 2013, ch 219 , § 9.

No video lottery machines may be placed in a facility with an on-sale license issued pursuant to § 35-4-14.1 . Source: SL 2023, ch 132 , § 2.

The state's percentage of net machine income shall be reported and remitted to the South Dakota Lottery within fifteen days after the fifteenth day of each month and within fifteen days after the end of each month by the machine owner. A machine owner who falsely reports or fails…

Any person who tampers with a video lottery machine with intent to interfere with the proper operation of such machine is guilty of a Class 1 misdemeanor. Source: SL 1989, ch 368 , § 25.

Any person who with intent to manipulate the outcome, payoff, or operation of a video lottery machine, manipulates the outcome, payoff, or operation of a video lottery machine by physical tampering or any other means is guilty of a Class 5 felony. Source: SL 1989, ch 368 , § 26.

No person under twenty - one years of age may play a video lottery machine licensed pursuant to § 42-7A-41 . No video lottery machine licensed pursuant to § 42-7A-41 may be played except during the legal hours of operation allowed for the on - sale consumption of alcoholic bevera…

The lottery may negotiate with Indian tribes for the placement and distribution of lottery products within the exterior boundaries of Indian reservations within the state. Source: SL 1989, ch 368 , § 29.

If entering into any contract pursuant to subdivision 42-7A-4(3), the executive director shall utilize an open and competitive bid process which reflects the best interest of the State of South Dakota. Any such contract is exempt from the provisions of chapters 5-18A and 5-18D . …

Information and records of the South Dakota Lottery are confidential, except for official purposes, and may not be disclosed except to officers, employees, or legal representatives of the Department of Revenue for the purpose of and only to the extent necessary in the investigati…

The personal information of a lottery prize winner may only be used in advertising or promotion with the written consent of the winner. If the South Dakota Lottery obtains written consent from the winner, the lottery may only use the information to which the winner consented. Thi…

The commission shall establish a liability setoff program by which lottery prize payments may be used to satisfy debts owed or collected through state agencies. Any participating state agency shall, on a monthly basis, provide the executive director a computerized file of persons…

The executive director shall match the information submitted by the agency with persons who are entitled to a lottery prize payment in an amount in excess of one hundred dollars. If there is a match, the executive director shall set off the amount of the debt from the prize due a…

The members of the commission, executive director, employees, and the lottery are discharged of all further liability for the amount of any setoff paid to a state agency or proceeding brought pursuant to §§ 42-7A-34 and 42-7A-51 to 42-7A-55 , inclusive. Source: SL 1989, ch 371 , …

If two or more agencies have delinquent accounts for the same person, the executive director shall apportion the prize equally among them. However, a setoff to the Department of Social Services for child support payments has priority over all other setoffs. Source: SL 1989, ch 37…

If the prize is insufficient to satisfy the entire debt, the remainder of the debt may be collected by the agency as provided by law and resubmitted for setoff against any other prize awarded. Source: SL 1989, ch 371 , § 7.

The Legislature hereby finds, and declares to be the public policy of this state that: (1) The success of the South Dakota Lottery is dependent upon public confidence and trust that it is conducted honestly and free from criminal and corruptive elements; (2) Public confidence and…

The executive director may approve or disapprove any application for license, as provided in § 42-7A-41 , depending upon whether the executive director deems the applicant a suitable person to hold the license and whether the executive director considers the proposed location sui…

Any applicant for a license who has had his application denied or revoked by the executive director pursuant to § 42-7A-57 may not reapply until at least one year has elapsed from the date of the denial or revocation. Any person who has been denied a license or had a license revo…

No person may knowingly make a false statement in any application for a license or in any statement attached to the application. Any person who signs an application for a license issued pursuant to this chapter knowing that any information on such application or in any statement …

Before a contract for a major procurement is awarded, the executive director shall conduct a thorough background investigation of the vendor, any parent or subsidiary corporation of the vendor, all shareholders of five percent or more interest in the vendor or parent or subsidiar…

In addition to the provisions of § 1-25-2 , the commission may hold executive or closed meetings for any of the following purposes: (1) Considering applications for licensing when discussing the background investigations or personnel information; (2) Consulting with the executive…

In addition to the fee collected pursuant to § 42-7A-41 and deposited in the video lottery operating fund, the following fee shall be collected each year and deposited into the general fund: Video lottery machine manufacturers--$15,000. Source: SL 1993, ch 318 , § 2; SL 1995, ch …

The commission shall maximize revenues to the state from video lottery. The state's percentage of net machine income shall be fifty percent. The state's percentage of net machine income shall be directly deposited to the general fund, except for one-half of one percent of net mac…

A municipality or county may consider, in addition to the criteria for the issuance of an on-sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on-sale alcoholic beverage license pursuant to subdivis…

Subpoenas issued under the provisions of subdivision 42-7A-4(10) may be served upon individuals, entities, or corporations in the manner provided in chapter 1-26 for the service of process by any officer authorized to serve subpoenas in civil actions or by the executive director …

The executive director shall: (1) Make and keep books and records which accurately and fairly reflect each day's transactions, including the distribution and sale of tickets, receipt of funds, prize claims, prize disbursements, or prizes liable to be paid, expenses and other fina…

No claim for the payment of an expense of the lottery or the payment of a lottery prize may be made unless it is against the lottery operating fund or money collected from the sale of lottery tickets. Except for the initial start - up funding to the lottery, the general funds of …

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…

Repealed by special referendum election held September 14, 1993

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 Investigation of license applicant--Failure to allow. 42-7B-20 H…

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…