42-7B-11. Powers of commission.
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 constitutional or statutory rights of privacy regarding gaming equipment, the licensed premises, all books, papers, computers, and information storage devices of any kind wherever located;
(2)Inspect and examine without notice all premises where gaming is conducted or gaming devices or equipment are located, sold, distributed, or stored;
(3)Seize and remove without notice or hearing from the premises and impound any gaming equipment or supplies for the purpose of examination and inspection;
(4)At any time day or night, inspect, examine, and photocopy or remove and impound all papers, books, and records of applicants and licensees and require verification of income, and all matters affecting the enforcement of the provisions of this chapter;
(5)Contract for such legal counsel to advise it as it may choose;
(6)Suspend for cause any gaming license;
(7)Require any applicant for a license as an operator or a retailer to disclose any pecuniary interest in the applicant by any person;
(8)Carry out such duties as may be imposed upon the state as a result of a compact entered into under the authority of the federal Indian Gaming Regulatory Act, provided the cost of performance of such duties is adequately funded by payments made available to the commission under the compact;
(9)Permit the executive secretary to issue or deny support licenses;
(10)Grant a license with special conditions or a license for a limited period, or both;
(11)Establish a procedure for establishing the suitability or unsuitability of persons and acts or practices;
(12)Regulate the manufacture of gaming devices and equipment for exportation outside this state;
(13)Establish procedures and regulations relating to corporations, partnerships, limited liability companies, affiliated companies and affiliates including the issuance, revocation, and suspension of licenses, and procedures generally to regulate gaming activities;
(14)Permit the executive secretary to enter into contracts and memorandums of understanding with regulatory agencies of other states and countries for the purpose of conducting background investigations of applicants;
(15)Permit the executive secretary to approve the transfer of a license stamp between licensed operators;
(16)Permit the executive secretary to renew licenses issued by the commission, to approve additional retail licenses to a person who holds at least one retail license in good standing, and to approve the assignment of the locations of retail licenses in good standing, all subject to the approval of the commission at the commission's next regular meeting.
Source: SL 1989, ch 374, §9; SL 1990, ch 343, §12; SL 1993, ch 321, §16; SL 1995, ch 245, §2; SL 1997, ch 244, §1; SL 2012, ch 205, §1.
Structure South Dakota Codified Laws
Title 42 - Recreation and Sports
Chapter 07B - Limited Card Games, Slot Machines, Craps, Roulette, And Keno
Section 42-7B-1 - Limited gaming authorized within city of Deadwood.
Section 42-7B-2 - Authority conditioned--Repeal.
Section 42-7B-2.1 - Public policy.
Section 42-7B-3 - Regulation by commission.
Section 42-7B-4 - Definition of terms.
Section 42-7B-5 - Disposition of proceeds.
Section 42-7B-6 - South Dakota Commission on Gaming created.
Section 42-7B-7 - Promulgation of rules--Enforcement of chapter.
Section 42-7B-7.1 - Commission may suspend gaming at its discretion.
Section 42-7B-8.1 - Purposes for executive or closed meetings.
Section 42-7B-9 - Appointment and removal of executive secretary--Duties--Salary.
Section 42-7B-9.1 - Executive secretary's access to files and records.
Section 42-7B-10 - Compensation for commission members--Expenses paid.
Section 42-7B-11 - Powers of commission.
Section 42-7B-12 - Appeal of final action of commission--Denial of license not appealable.
Section 42-7B-13 - Powers of attorney general pursuant to chapter.
Section 42-7B-14 - Maximum amount of bets.
Section 42-7B-15 - Approval of rules for certain games.
Section 42-7B-16 - Maximum number of gaming devices per license.
Section 42-7B-17 - Responsibilities of operator.
Section 42-7B-19 - Approval or disapproval of license.
Section 42-7B-19.1 - Denial of application--Reapplication.
Section 42-7B-19.2 - Investigation of license applicant--Failure to allow.
Section 42-7B-20 - Holding license by certain persons prohibited.
Section 42-7B-21 - Application fee and form.
Section 42-7B-22 - Licenses--Fees--Renewal--Violation as felony.
Section 42-7B-23 - Annual license stamp fee--Transfer of license stamp.
Section 42-7B-24 - License revocable--Not transferable.
Section 42-7B-25.1 - Internal control procedure for particular licensee may be established.
Section 42-7B-27 - Employee support license--Qualifications.
Section 42-7B-28 - Gaming tax.
Section 42-7B-28.1 - Additional tax on gaming proceeds.
Section 42-7B-28.2 - Calculation of adjusted gross proceeds.
Section 42-7B-29 - Return and remittance--Forms furnished by secretary.
Section 42-7B-30 - Violations of taxation provisions punishable as felony or misdemeanor.
Section 42-7B-31 - Failure to file--Penalties.
Section 42-7B-32 - Suspension or revocation of license--Grounds--Reprimand or monetary penalty.
Section 42-7B-35 - Age of participants--Violation as misdemeanor.
Section 42-7B-36 - Minimum payback value of credit.
Section 42-7B-37 - Exemption from federal law.
Section 42-7B-38 - Shipments of devices and machines deemed legal.
Section 42-7B-39.1 - Shipping records delivered to commission.
Section 42-7B-39.2 - Destruction of seized slot machine.
Section 42-7B-40 - Licensed employee twenty-one years or older required on premises.
Section 42-7B-42 - Unlawful acts by participants--Felony.
Section 42-7B-43 - Slot machines and wagering equipment--Security and audit specifications.
Section 42-7B-45 - Extension of credit prohibited--Violation as felony.
Section 42-7B-46 - Historic restoration and preservation fund created.
Section 42-7B-47 - Gaming exempt from certain statutes.
Section 42-7B-48 - South Dakota Gaming Commission fund established--Disbursements.
Section 42-7B-48.1 - Distribution of funds following payment to City of Deadwood.
Section 42-7B-49 - Acceptance and expenditure of funds by commission.
Section 42-7B-50 - Payment of expenditures.
Section 42-7B-52 - Taxes and fees to support identified entities.
Section 42-7B-54 - Anticipatory revenue bonds.
Section 42-7B-55 - Certain gambling statutes not applicable.
Section 42-7B-56 - Appointment of commission employee as law enforcement officer.
Section 42-7B-57 - Commission use of unmarked vehicles.
Section 42-7B-58 - Records--Confidentiality--Exception for official purposes and tax purposes.
Section 42-7B-60 - Exclusion or ejection of certain persons from gaming establishments necessary.
Section 42-7B-62 - Notice to excluded person.
Section 42-7B-64 - "Gaming contract" defined.
Section 42-7B-65 - Copy of any process or pleading to the commission.
Section 42-7B-66 - Copies of all proposed gaming contracts to the executive secretary.
Section 42-7B-68 - Fees for publication and reports.
Section 42-7B-69 - Manufacture of gaming devices or equipment for exportation.
Section 42-7B-73 - Distress warrant--Seizure and sale of personal property.
Section 42-7B-75 - Cancellation or revocation of voluntarily surrendered license.
Section 42-7B-76 - Sports wagering receipts maintained separately.
Section 42-7B-77 - Advance deposit sports wagering--Account requirements.
Section 42-7B-79 - Advance deposit sports wagering restrictions--Required equipment.
Section 42-7B-80 - Investigation conducted by sport's governing body.