42-7B-7. Promulgation of rules--Enforcement of chapter.
The commission may promulgate rules, pursuant to chapter 1-26, for the orderly transaction and conduct of its business and the substantive rules that it may determine proper concerning:
(1)The issuance, revocation, and suspension of gaming licensees;
(2)The division of limited card games, slot machines, craps, roulette, keno, or devices used to accept or redeem bets, that may be placed in any building or retail business;
(3)The conduct and operation of gaming;
(4)Variations of limited card games, craps, or roulette; and
(5)Any other things necessary to carry out the purposes of this chapter.
The commission may also promulgate rules necessary to administer complaints received from the public and conduct such other investigations and inspections into the conduct of the games and the licensees and the maintenance of the equipment as the commission deems necessary and proper. License issuance, suspension, and revocation are contested cases within the meaning of chapter 1-26. The commission's rules may provide procedures for summary suspension of any license issued under this chapter and shall provide for subsequent contested case hearings before suspensions become final or a license is revoked. The commission may apply for injunctive or declaratory relief to enforce the provisions of this chapter and any rules promulgated thereunder. Action by the commission may not limit the authority of the state's attorney or attorney general from enforcing criminal actions.
Source: SL 1989, ch 374, §6; SL 2015, ch 218, §4; SL 2016, ch 212, §2; SL 2021, ch 189, § 4.
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.