42-7B-22.1. Licensing of key employee may be required--Grounds--Time limit for response from employee--Written request to review status as key employee.
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 job performed by the key employee but may consider the functions and responsibility of the key employee in making its decision. Grounds for requiring licensing of a key employee include:
(1)Whether the key employee is new to the gaming industry, to the particular gaming establishment, the position, or the level of influence or responsibility which he has, and whether the commission has insufficient or outdated information concerning his character, background, reputation, or association; or
(2)Whether information has been received by the commission or the executive secretary which, if true, would constitute grounds for a finding of unsuitability.
The licensee shall, within thirty days following receipt of the notice of the commission's determination, present the application for licensing of the key employee to the commission or provide documentary evidence that the key employee is no longer employed by the licensee. Failure of the licensee to respond as required by this section is grounds for disciplinary action.
A person subject to application for licensing as a key employee as required by this section may request the commission, in writing, to review its determination of that individual's status within the gaming organization. If the commission determines that the person is not a key employee or that the public interest does not require his licensing as a key employee, he shall be allowed to withdraw his application and continue in his employment. The request of the key employee applicant for review of his status does not stay the obligation of the licensee to present the key employee's application within the thirty-day period prescribed by this section. The provisions of chapter 1-26 do not apply to this section.
Source: SL 1990, ch 343, ยง29.
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.