42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments.
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 subdivisions 35-4-2(12) and (16):
(1)The number of establishments currently licensed for video lottery;
(2)The proximity of the business to other establishments licensed for video lottery;
(3)The type of business and manner in which the applicant proposes to operate it;
(4)The location of the business in relation to other businesses, residential areas, or activities within the same general area;
(5)The extent to which minors frequent a business connected to the one proposed; and
(6)The effect the proposed business has on economic development.
The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994.
Source: SL 1994, ch 329, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
Structure South Dakota Codified Laws
Title 42 - Recreation and Sports
Section 42-7A-1 - Definitions.
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-10 - Selection of lottery retailers.
Section 42-7A-13 - Qualifications of lottery retailer.
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-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-24 - Transfer of net proceeds to state funds.
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-30 - Counterfeiting lottery tickets Class 6 felony.
Section 42-7A-33 - Purchase of ticket or payment of prize to certain persons prohibited--Exceptions.
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-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-44.1 - Denial or revocation of license for noncompliance.
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-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.