South Dakota Codified Laws
Chapter 07A - State Lottery
Section 42-7A-13 - Qualifications of lottery retailer.

42-7A-13. Qualifications of lottery retailer.
To be selected as a lottery retailer or video lottery machine operator, a natural person acting as a sole proprietor shall:
(1)Be at least eighteen years of age;
(2)Be of good character and reputation;
(3)Have sufficient financial resources to support the activities required to sell lottery tickets or place and service video lottery machines; and
(4)Be current in payment of all taxes, interest, and penalties owed to the State of South Dakota, excluding items under formal dispute or appeal pursuant to applicable statutes.
A lottery retailer or video lottery machine operator may not be a lottery vendor or an employee or agent of any lottery vendor doing business with the South Dakota Lottery.

Source: SL 1987, ch 313, §13; SL 1989, ch 368, §5; SL 1993, ch 317, §5.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 42 - Recreation and Sports

Chapter 07A - State Lottery

Section 42-7A-1 - Definitions.

Section 42-7A-2 - South Dakota Lottery established--Administration by executive director--Overall control and operation of games.

Section 42-7A-3 - Executive director--Salary--Employment of personnel.

Section 42-7A-4 - Functions of executive director.

Section 42-7A-5 - Competitive bidding required before entering into contracts.

Section 42-7A-6 - Investigation of vendors.

Section 42-7A-7 - Subpoenas--Order to comply--Punishment by contempt.

Section 42-7A-8 - Additional functions of executive director.

Section 42-7A-9 - Lottery expenses and prizes to be paid from lottery funds--General funds not to be used or obligated--Exception.

Section 42-7A-10 - Selection of lottery retailers.

Section 42-7A-11 - Lottery retailers application fee--Annual renewal of contracts--Contracts not transferable or assignable.

Section 42-7A-12 - Issuance of lottery retailer certificate--Display--Sales only at location on certificate.

Section 42-7A-13 - Qualifications of lottery retailer.

Section 42-7A-14 - Persons ineligible to be licensed by the lottery--Criminal background investigation of applicants, licensees, vendors, and employees.

Section 42-7A-15 - Partnership as lottery retailer or video lottery machine operator.

Section 42-7A-16 - Association or corporation as lottery retailer or video lottery machine operator.

Section 42-7A-17 - Lottery Commission created--Appointment of members--Term of office--Qualifications--Chair.

Section 42-7A-18 - Meetings--Quorum.

Section 42-7A-19 - Commission to establish lottery operation policy--Approval of major procurements.

Section 42-7A-19.1 - Sale of lottery products within exterior boundaries of Indian reservations.

Section 42-7A-20 - Mileage and per diem paid commission members--Exception.

Section 42-7A-21 - Rules and regulations.

Section 42-7A-22 - Lottery operating fund--Continuous appropriation--Informational budget--Disbursements.

Section 42-7A-23 - Amount from sale of tickets allocated for payment of prizes--Means of payment for prizes.

Section 42-7A-24 - Transfer of net proceeds to state funds.

Section 42-7A-24.1 - Acceptance and expenditure of funds obtained from federal sources, gifts, contributions and other sources.

Section 42-7A-24.2 - Payment of expenditures.

Section 42-7A-25 - Employment and direction of investigative personnel.

Section 42-7A-26 - Appointment of assistant attorney general to assist in enforcement.

Section 42-7A-27 - Commission members or lottery employees not to have interest in lottery contracts or to accept gifts or loans from persons or businesses contracting with lottery--Violation as misdemeanor.

Section 42-7A-28 - Persons contracting to supply materials, tickets or consulting services not to give gifts or loans to commission members or lottery employees--Violation as misdemeanor.

Section 42-7A-29 - Removal from office for violation of conflict of interest provisions--Application of other conflict of interest statutes.

Section 42-7A-30 - Counterfeiting lottery tickets Class 6 felony.

Section 42-7A-31 - Sale of tickets at price greater than that fixed by rules prohibited--Sale by authorized retailer only--Violation.

Section 42-7A-32 - Sale of ticket to person under eighteen prohibited--Violation--Gift of ticket to person under eighteen permitted--Prize paid to parent or guardian.

Section 42-7A-33 - Purchase of ticket or payment of prize to certain persons prohibited--Exceptions.

Section 42-7A-34 - Prize paid to holder of winning ticket--Deceased winner's prize paid to representative--Right to prize nonassignable--Prizes subject to taxation--Disposition of unclaimed prize--Liability of lottery after payment of prize.

Section 42-7A-36 - Certain mechanical or electronic devices prohibited--Violation as felony--Devices as nuisances.

Section 42-7A-37 - Requirements for licensed video lottery machines.

Section 42-7A-37.1 - Restrictions on licensed establishment.

Section 42-7A-38 - Limit on amount played and awards given.

Section 42-7A-39 - Display of license for video lottery machine--Confiscation--Violation as felony.

Section 42-7A-40 - Examination of video lottery machines--Costs paid by manufacturer--Contract for examination.

Section 42-7A-41 - Video lottery machine manufacturer, distributor, operator, and establishment licenses required--Fees.

Section 42-7A-41.1 - Video lottery operating fund established.

Section 42-7A-41.2 - Posting video lottery odds required.

Section 42-7A-42 - Multiple types of licenses prohibited.

Section 42-7A-43 - Background investigation of video lottery licensees--Eligibility requirements.

Section 42-7A-44 - Rules for placement of video lottery machines--Number limited--Placement in bar or lounge with on-sale license.

Section 42-7A-44.1 - Denial or revocation of license for noncompliance.

Section 42-7A-45 - Video lottery machine income--Remittance to state--False report as felony--Records--Penalty.

Section 42-7A-46 - Tampering with video lottery machine as misdemeanor.

Section 42-7A-47 - Manipulating outcome, payoff, or operation of video lottery machine as felony.

Section 42-7A-48 - Age limit and legal hours of operation for video lottery machines.

Section 42-7A-49 - Lottery products on Indian reservations authorized.

Section 42-7A-50 - Confidentiality of lottery records.

Section 42-7A-51 - Lottery setoff program established--Computerized file of persons owing state.

Section 42-7A-52 - Debt setoff from prize due--Notice of right to appeal--Time limitation--Transfer of setoff amount to agency.

Section 42-7A-53 - Commission, employees, and lottery discharged from liability.

Section 42-7A-54 - Apportionment of prize among agencies--Priority of child support payments.

Section 42-7A-55 - Collection of remainder of debt.

Section 42-7A-56 - Public policy declared.

Section 42-7A-57 - Approval or disapproval of license applications.

Section 42-7A-58 - Reapplication for license after denial or revocation.

Section 42-7A-59 - False statements in license applications--Perjury.

Section 42-7A-60 - Executive or closed meetings permitted.

Section 42-7A-62 - Collection of fee--Deposit in general fund.

Section 42-7A-63 - State's percentage of net machine income--Deposit into general fund and video lottery operating fund.

Section 42-7A-64 - Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments.