ARSD Article 20:18 — GAMING COMMISSION -- DEADWOOD GAMBLING

          20:18:01:02.  Prohibitions. A commission member, officer, agent, or employee of the commission may not receive anything of value from a licensee or an officer, agent, or employee of a licensee. A commission member, officer, agent, or employee of the commission may not receive an item of value from an applicant for a license or an officer, agent, or employee of an applicant for a license. This section does not apply to items of value that are distributed without charge to the general public by a licensee or applicant for a license. A violation of this section by a licensee or any of the licensee's officers, agents, or employees is a ground for disciplinary action against the licensee. A violation of this section by an applicant for a license or any of the applicant's officers, agents, or employees is a ground for denial of an application.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7.

          20:18:01:03.  Prohibitions on gaming. A commission member, officer, agent, or employee of the commission may not participate in any gaming authorized by this article. Violation of this section, knowingly, by a licensee or the licensee's officer, agent, or employee is grounds for disciplinary action against the licensee. This section does not prohibit gaming by a commission agent or employee in the course of the agent's or employee's lawful discharge of duties.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7.

          20:18:01:04.  Service and filing. If a filing or a service of notice on the commission or executive secretary is permitted or required by this article or SDCL 42-7B, the filing or notice may be delivered in person or mailed to the commission. A filing or notice is complete on the date it is received by the commission.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7.

          20:18:01:05.  Commission action. The commission may take action by a mail ballot or a telephone conference call. If a telephone conference call is used, the executive secretary must participate in the call and take minutes of the commission's action. If a mail ballot is used, the results of the mail ballot must be included in the minutes. A mail ballot or conference telephone call is a meeting of the commission.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7.

          20:18:01:06.  Association -- Powers. An association may use the methods and forms used by incorporated bodies for the pursuit of a common enterprise. It is an unincorporated society and not a partnership. It may be invested with some corporate rights and powers.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-17, 42-7B-43.

          20:18:02:01.  Attorney for commission. The commission may contract for legal counsel and pay the attorney's fees and expenses, under such terms as the commission desires.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-11.

          20:18:03:01.  Right of reference. The executive secretary may refer a matter to the commission for its decision.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-9, 42-7B-11.

          20:18:03:02.  Right of review. The commission may review action taken by the executive secretary by its own motion, by direction of the chairman, or by a request from a member of the commission, the attorney general, or the Governor.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-9, 42-7B-11.

          20:18:03:03.  Delegation. With the consent of the commission, the executive secretary may delegate an act required to be performed by the executive secretary to any agent or employee of the commission.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-9, 42-7B-11.

          20:18:04:01.  Petition for declaratory ruling. A person may petition the commission for declaratory ruling to determine the general application of any statutory provision, rule, or order of the commission or executive secretary.

          A person may not petition for a declaratory ruling in a contested case in lieu of a petition for hearing under §§ 20:18:11:01 and 20:18:11:02. The petition must be filed with the executive secretary and be in substantially the following form:

State of South Dakota

South Dakota Commission on Gaming

          Pursuant to the provisions of SDCL 1-26-15, I, (name of petitioner), of (address of petitioner), am (title or capacity of petitioner), and petition the South Dakota Commission on Gaming for its declaratory ruling in regard to the following:

          (1)  The state statute, South Dakota Commission on Gaming rule or order, or order of the secretary of the South Dakota Commission on Gaming in question is: (here identify and quote the pertinent statute, rule, or order);

          (2)  The facts and circumstances which give rise to the issue to be answered by the commission's declaratory ruling are:

          (3)  The precise issue to be answered by the commission's declaratory ruling is:

          Dated at (city and state), this ____ day of _______________, 19____.

                                                                                       __________________________________

                                                                                       (Signature of Petitioner)

          Source: 16 SDR 57, effective October 1, 1989; 19 SDR 21, effective August 20, 1992.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 1-26-15, 42-7B-7.

          20:18:04:02.  Commission action on petition. Upon receipt of a petition, the commission may request from the petitioner other information it requires for the issuance of its ruling. Following receipt of the petition, the commission must issue its declaratory ruling and serve a copy of it by mail on the petitioner.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 1-26-15, 42-7B-7.

          20:18:04:03.  Number of copies of petition. A person filing a petition for declaratory ruling must file an original with the executive secretary.

          Source: 16 SDR 57, effective October 1, 1989; 23 SDR 126, effective February 13, 1997.

          General Authority: SDCL 42-7B-7, 42-7B-11.

          Law Implemented: SDCL 1-26-15, 42-7B-7.

    20:18:06:01.  Applications. An applicant for a license must apply on a form provided by the commission. The application may include questions concerning the following:

    (1)  Personal background information;

    (2)  Financial information;

    (3)  Information on participation in legal or illegal gaming activities in South Dakota or other jurisdictions, including foreign countries;

    (4)  Medical information; and

    (5)  Other information as required.

    Source: 16 SDR 57, effective October 1, 1989; 19 SDR 21, effective August 20, 1992; 50 SDR 145, effective June 11, 2024.

    General Authority: SDCL 42-7B-7.

    Law Implemented: SDCL 42-7B-1, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-18, 42-7B-19, 42-7B-20, 42-7B-21, 42-7B-22, 42-7B-24, 42-7B-25, 42-7B-27.

    Declaratory Rulings: Reserve police officers from outside the City of Deadwood or Lawrence County are precluded under SDCL 42-7B-20 from holding a license for gaming under SDCL 42-7B-22. South Dakota Commission on Gaming Declaratory Ruling dated September 19, 1991.

    A married couple who have a long history of each owning and controlling their individual assets as their own and separate individual property are not precluded by SDCL 42-7B-26 from each having a financial interest in three retail gaming licenses. South Dakota Commission on Gaming Declaratory Ruling dated January 24, 1992.

    20:18:06:02.  Fee required with application. An application fee must accompany each application for the following license, game, or game variation approvals in the specified amounts:

    (1)  Slot machine manufacturer or distributor, $5,000;

    (2)  Operator license, $1,000;

    (3)  Route operator license, $1,000;

    (4)  Game and game variation approval not including pay table changes, $2,000;

    (5)  Retail license, $250;

    (6)  Gaming property owner license, $250;

    (7)  Key employee license, $150;

    (8)  Support license, $50;

    (9)  Associated equipment manufacturer or distributor, $500; and

    (10)  Sports wagering services provider, $5,000.

    Source: 16 SDR 57, effective October 1, 1989; 16 SDR 233, effective July 1, 1990; 19 SDR 21, effective August 20, 1992; 21 SDR 98, effective November 30, 1994; 27 SDR 53, effective December 4, 2000; 39 SDR 100, effective December 3, 2012; 41 SDR 218, effective July 1, 2015; 44 SDR 151, effective April 30, 2018; 47 SDR 137, effective June 28, 2021.

    General Authority: SDCL 42-7B-7, 42-7B-11(1).

    Law Implemented: SDCL 42-7B-7, 42-7B-21, 42-7B-22.

    20:18:06:03.  Use of application fee -- Additional fees required. The application fee must be used to conduct the background investigation of the applicant and to defray administrative expenses. If the commission or executive secretary determines that additional sums are needed to continue or complete the investigation of an applicant, the processing of the application must cease; and the commission or executive secretary must inform the applicant of the additional sums required. As soon as the applicant has furnished the additional sums, the processing must continue.

    Source: 16 SDR 57, effective October 1, 1989; 50 SDR 145, effective June 11, 2024.

    General Authority: SDCL 42-7B-7.

    Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-18, 42-7B-19, 42-7B-20, 42-7B-21, 42-7B-22, 42-7B-24, 42-7B-25, 42-7B-27.

    20:18:06:04.  Gaming contracts -- Regulations. An applicant for a license or a licensee must submit a copy of any gaming contract to which the applicant for a license or a licensee is or intends to be a party. The executive secretary, the commission, or both, shall review the contracts and may require changes in the contracts before an application is approved or participation in the contract is allowed. The commission or executive secretary may require a licensee to end the licensee's participation in a gaming contract.

    An applicant for a license as an operator or a retailer must disclose a pecuniary interest in the application by persons not a party to the application.

    Source: 16 SDR 57, effective October 1, 1989; 50 SDR 145, effective June 11, 2024.

    General Authority: SDCL 42-7B-7.

    Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-18, 42-7B-19, 42-7B-20, 42-7B-21, 42-7B-22, 42-7B-24, 42-7B-25, 42-7B-27.

          20:18:06:05.  Termination of employment of key or support licensee. A key or support licensee who changes employment, is terminated, or resigns employment must notify the executive secretary in writing within seven days.

          Source: 16 SDR 57, effective October 1, 1989; 20 SDR 113, effective January 23, 1994.

          General Authority: SDCL 42-7B-7, 42-7B-22.1.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-19, 42-7B-27.

          20:18:06:06.  Conditions imposed by commission for reissuance of license. The commission or executive secretary may require a person who formerly held a license to meet certain conditions before reissuing a license to that person, including the following:

          (1)  Restitution of money;

          (2)  Restitution of property; and

          (3)  Making periodic reports to the commission or executive secretary as required.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-19, 42-7B-24, 42-7B-25, 42-7B-27.

          20:18:06:07.  Procedure upon dissolution. Upon dissolution of a corporation, partnership, or association, the qualifying licensee must return the license to the commission within 10 days following the date of the dissolution.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-18, 42-7B-19, 42-7B-25.

          Cross-References:

          Applications, § 20:18:06:01.

          Qualifying licensee, manager, or agent, § 20:18:07:02.

          Application requirements, SDCL 42-7B-21, 42-7B-25, 42-7B-27, 42-7B-33, and 42-7B-34.

          20:18:06:08.  Transfers of interest. No person may sell, lease, purchase, convey, or acquire an interest in a retail licensee or operator licensee without the prior approval of the commission.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-19, 42-7B-24, 42-7B-25, 42-7B-27.

    20:18:06:09.  Regulation of ownership interests. The executive secretary shall require an applicant or a person owning an interest in a license to complete an application requiring background information, source of funding, and a sworn statement that the person is not holding the person's interest for another party. The commission may require an applicant or a person owning less than five percent of an interest in a license to undergo a full background investigation.

    Source: 16 SDR 57, effective October 1, 1989; 50 SDR 145, effective June 11, 2024.

    General Authority: SDCL 42-7B-11.

    Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-18, 42-7B-19, 42-7B-20, 42-7B-21, 42-7B-22, 42-7B-24, 42-7B-25, 42-7B-27.

          20:18:06:10.  Reapplication required if license not received in one year. An applicant for a license who has been found suitable for licensing and has not received a license within one year from the date of approval must resubmit an application for licensure.

          Source: 19 SDR 21, effective August 20, 1992; 22 SDR 95, effective January 18, 1996.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-2.1, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-22, 42-7B-22.1.

          20:18:06:11.  Reapplication required after license lapsed one year. A person who has not held an active license for a period of one year must resubmit an application for licensure.

          Source: 19 SDR 21, effective August 20, 1992.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-2.1, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-22, 42-7B-22.1.

    20:18:06:13.  Licensees contact information. All licensees shall keep the commission updated of their contact information including the licensee's mailing address and phone number.

    Source: 49 SDR 9, effective August 9, 2022.

    General Authority: SDCL 42-7B-7, 42-7B-11(13).

    Law Implemented: SDCL 42-7B-19, 42-7B-21.

    20:18:07:01.  Approval. The commission may approve an application that meets all requirements, including the background investigation. The commission may approve a temporary license pending an application for a permanent license and pending the background investigation. The executive secretary may approve or deny applications for support licenses.

    Source: 16 SDR 57, effective October 1, 1989; 16 SDR 233, effective July 1, 1990; 59 SDR 145, effective June 11, 2024.

    General Authority: SDCL 42-7B-7.

    Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-2.1, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-18, 42-7B-19, 42-7B-20, 42-7B-21, 42-7B-22, 42-7B-24, 42-7B-25, 42-7B-27.

    Cross-References:

    Applications, §  20:18:06:01.

    Application fee and form, SDCL 42-7B-21.

    Qualifications for license as operator, gaming property owner, retailer, or provider, SDCL 42-7B-25.

    Employee support license--Qualifications, SDCL 42-7B-27.

    Person involved as a manufacturer, distributor, operator, retailer, gaming property owner, provider, key employee, or support licensee--Qualifications, SDCL 42-7B-33.

    20:18:07:01.01.  Approval with conditions or for a limited period. The commission may grant a license with special conditions, for a limited period, or both.

    Source: 16 SDR 233, effective July 1, 1990; 50 SDR 145, effective June 11, 2024.

    General Authority: SDCL 42-7B-7.

    Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-2.1, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-18, 42-7B-19, 42-7B-20, 42-7B-21, 42-7B-22, 42-7B-24, 42-7B-25, 42-7B-27.

          20:18:07:01.02.  Insurance required. A retail licensee must furnish proof to the commission that it has at least one million dollars of public liability insurance insuring the public against injury, death, or loss of property on the retail licensee's licensed premises. Upon application of the licensee, the commission may set a different amount. The requirement of this section is a special condition on every retail license issued or renewed after December 31, 1990.

          Source: 17 SDR 93, effective January 6, 1991.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-2.1, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-18 to 42-7B-22, 42-7B-24 to 42-7B-27.

    20:18:07:02.  Qualifying licensee, manager, or agent. Repealed.

    Source: 16 SDR 57, effective October 1, 1989; 50 SDR 145, effective June 11, 2024; 52 SDR 120, effective June 15, 2026.

    20:18:07:03.  Termination of qualifying licensee, manager, or agent. Repealed.

    Source: 16 SDR 57, effective October 1, 1989; 50 SDR 145, effective June 11, 2024; 52 SDR 120, effective June 15, 2026.

          20:18:07:04.  Untrue statements. The commission may refuse to grant a license to an applicant who makes deliberate misstatements, deliberate omissions, misrepresentations, or untruths in the application or in the background investigation.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-19, 42-7B-24, 42-7B-25, 42-7B-27.

          20:18:07:05.  Transferred to § 20:18:08:02.01.

          20:18:07:06.  Appeal. If an application for support license is denied by the executive secretary, the applicant may appeal the denial in writing to the commission within 10 days of being notified of the denial. The appeal is a contested case pursuant to SDCL chapter 1-26 and chapter 20:18:11.

          Source: 19 SDR 21, effective August 20, 1992.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-11.

          Cross-Reference: Approval, § 20:18:07:01.

          20:18:08:01.  Enforcement powers. The executive secretary or an employee or agent of the commission by direction of the executive secretary may perform the following activities:

          (1)  Inspect and examine, without notice, premises where gaming is conducted or gaming devices or equipment are located, sold, distributed, or stored;

          (2)  Without notice of hearing, seize and remove from the premises and impound any gaming equipment or supplies for the purposes of examination and inspection;

          (3)  At any time of the 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 this title;

          (4)  To investigate the conduct of all licensees, their employees, and other persons having a material involvement with a licensee or licensed establishment to assist in the enforcement of this article or SDCL 42-7B or to insure that there is no involvement with a licensee or a licensed establishment by unqualified or unsuitable persons.

          The commission may assign the executive secretary or other employee or agent of the commission any additional power or authority not enumerated in this section to assist the commission in the performance of its duties under SDCL 42-7B.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-11.

          20:18:08:02.  Information to be furnished by licensee. If changes in the ownership or financial interest in a license occur, a licensee must report to the commission the full name and address of every person, including lending agencies, who has a right to share in the revenues of licensed games, whether as an owner, assignee, landlord, or otherwise or to whom any interest or share in the profits of a licensed game has been pledged or hypothecated as security for a debt or deposited as a security for the performance of an act or to secure the performance of a contract of sale. The report shall be given within 30 days after any change occurring. This rule does not apply to publicly-traded corporations governed by chapter 20:18:30.

          Source: 16 SDR 57, effective October 1, 1989; 22 SDR 95, effective January 18, 1996.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-11.

    20:18:08:03.  Access to premises and production of records. An applicant or licensee or an employee or agent of an applicant or licensee may not neglect or refuse to produce records or evidence or to give information on lawful demand by the commission, executive secretary, or any agent of the commission or otherwise interfere or attempt to interfere with lawful efforts by the commission or any of its agents to produce such information.

    A retail licensee, licensed manufacturer or distributor, associated equipment manufacturer or distributor, sports wagering services provider, and licensed operator must immediately make available for inspection by the commission, executive secretary, or an agent all papers, books, and records produced by gaming business and all portions of the premises where gaming is conducted or where gambling devices or equipment are manufactured, sold, or distributed. A commission agent must be given immediate access to any portion of the premises of a retail licensee, manufacturer or distributor, associated equipment manufacturer or distributor, sports wagering services provider, or operator for the purpose of inspecting or examining records or documents, gaming devices or equipment, or the conduct of gaming activity.

    Source: 16 SDR 57, effective October 1, 1989; 47 SDR 137, effective June 28, 2021.

    General Authority: SDCL 42-7B-7, 42-7B-11(1).

    Law Implemented: SDCL 42-7B-7, 42-7B-11(4).

          20:18:08:04.  Summoning of licensee. The commission may summon any licensee or the agents or employees of the licensee to appear to testify before it or its agents with regard to the conduct of the licensee or the agents or employees of the licensee. The testimony may be under oath and may embrace any matters which the commission or its agents consider relevant to the discharge of its official duties. The summoning of a licensee is a contested case pursuant to SDCL 1-26. Testimony so taken may be used by the commission as evidence in any proceeding or matter then before it or which may later come before it. Failure to appear and testify fully at the time and place designated, unless excused, may constitute grounds for disciplinary action against a license held by the person summoned, the person's principal, or the person's employer.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-11, 42-7B-14, 42-7B-15.

    20:18:09:02.  Proscribed conduct. Any dishonest or fraudulent action committed by a licensee is grounds for disciplinary action, regardless of whether the act was committed in pursuit of the license privilege.

    Source: 16 SDR 57, effective October 1, 1989; 50 SDR 145, effective June 11, 2024.

    General Authority: SDCL 42-7B-7.

    Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-24, 42-7B-25, 42-7B-32, 42-7B-33.

    20:18:09:03.  Revocation or suspension of other license. A revocation or suspension of any other license held by a person employed under this article and SDCL chapter 42-7B is grounds for disciplinary action, regardless of the type, jurisdiction, or venue of the license.

    Source: 16 SDR 57, effective October 1, 1989; 50 SDR 145, effective June 11, 2024.

    General Authority: SDCL 42-7B-7.

    Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-24, 42-7B-25, 42-7B-32, 42-7B-33.

    20:18:09:04.  Facts of criminal charge. A licensee being charged with a felony, or with a misdemeanor involving moral turpitude, in any jurisdiction, is grounds for disciplinary action. The commission may find the licensee guilty of a violation of this article on the facts of the criminal charge even if the licensee has been acquitted on the criminal charge.

    Source: 16 SDR 57, effective October 1, 1989; 50 SDR 145, effective June 11, 2024.

    General Authority: SDCL 42-7B-7.

    Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-19, 42-7B-20, 42-7B-24, 42-7B-25, 42-7B-27, 42-7B-32, 42-7B-33.

          20:18:10:01.  Complaints authorized -- Procedure following filing. A person claiming that a licensee has engaged or is engaging in conduct constituting grounds for disciplinary action may file with the executive secretary a written complaint stating the name and address of the licensee complained against. The complaint must fully detail the conduct upon which the complaint is made. If the executive secretary determines the complaint has merit, the executive secretary must immediately serve by mail on the licensee complained against and any other affected parties a copy of the complaint. The licensee complained against has 20 days to answer after service of the complaint. The answer may admit, deny, qualify, or explain the allegations contained in the complaint. A commission member, the executive secretary, or an agent of the commission may file a complaint. The executive secretary may reject a complaint if it does not meet the requirements of this section.

          Source: 16 SDR 57, effective October 1, 1989; 22 SDR 95, effective January 18, 1996; 23 SDR 227, effective July 1, 1997.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 1-26-27, 42-7B-3, 42-7B-7, 42-7B-31.

    20:18:10:02.  Dismissal of complaint. After receipt of the answer to the complaint, after the time has expired to answer, or after having determined that no answer is necessary, the executive secretary must examine the complaint, any answer, and any other supporting documents to determine whether the complaint charges conduct constituting grounds for disciplinary action. If the complaint charges conduct constituting grounds for disciplinary action. If the complaint charges conduct constituting grounds for disciplinary action, the executive secretary must also detemine if the complaint has merit. If the executive secretary determines that the complaint does not charge conduct constituting grounds for disciplinary action or is without merit, the executive secretary must dismiss the complaint and notify the complainant, the licensee complained against, and other affected parties in writing, stating the reasons for dismissal. The executive secretary shall investigate the complaint and may use extrinsic evidence to determine if the complaint has merit.

    Source: 16 SDR 57, effective October 1, 1989; 50 SDR 145, effective June 11. 2024.

    General Authority: SDCL 42-7B-7.

    Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-18, 42-7B-19, 42-7B-20, 42-7B-21, 42-7B-22, 42-7B-24, 42-7B-25.

    20:18:10:03.  Informal consultation. If the executive secretary determines the complaint to have merit, the executive secretary may consult with the licensee and the parties affected to resolve the matter satisfactorily without a formal hearing. The executive secretary must notify the complainant, the licensee complained against, and affected parties of the results of the informal consultation in writing. The informal consultation does not prevent the commission from conducting a formal hearing.

    Source: 16 SDR 57, effective October 1, 1989; 50 SDR 145, effective June 11, 2024.

    General Authority: SDCL 42-7B-7.

    Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-18, 42-7B-19, 42-7B-20, 42-7B-21, 42-7B-22, 42-7B-24, 42-7B-25.

          20:18:10:04.  Assurance of voluntary compliance. The executive secretary may accept an assurance of voluntary compliance regarding any act or practice alleged to violate this article or SDCL 42-7B from a person who has engaged in, is engaging in, or is about to engage in such acts or practices. The assurance must be in writing and may include a stipulation for the voluntary payment of the costs of the investigation or a monetary penalty and an amount necessary to restore to a person money or property which may have been acquired by the alleged violator because of the acts or practices. Proof of failure to comply with the assurance of voluntary compliance is prima facie evidence of a violation of this chapter. The commission may approve, reject, or modify an assurance of voluntary compliance.

          Source: 16 SDR 57, effective October 1, 1989; 25 SDR 172, effective July 11, 1999.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 1-26-20, 42-7B-7, 42-7B-11(6)(11), 42-7B-18, 42-7B-21, 42-7B-24, 42-7B-25.

          20:18:10:05.  Formal proceedings. If the executive secretary or commission decides to conduct a formal hearing, after a complaint has been filed and after informal consultation, if any, the executive secretary must mail a notice of hearing to the licensee complained against, the person making the complaint, and other affected parties.

          Source: 16 SDR 57, effective October 1, 1989; 23 SDR 227, effective July 1, 1997.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 1-26-29, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-19, 42-7B-24, 42-7B-25.

    20:18:10:06.  Contents of commission complaint. A commission complaint must contain the name of the licensee against whom the complaint was made, the name and address of the person making the complaint, the details of the complaint, and the date of the complaint.

    Source: 16 SDR 57, effective October 1, 1989; 50 SDR 145, effective June 11, 2024.

    General Authority: SDCL 42-7B-7.

    Law Implemented: SDCL 1-26-29, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-18, 42-7B-19, 42-7B-20, 42-7B-21, 42-7B-22, 42-7B-24, 42-7B-25.

    20:18:10:07.  Date of hearing. The commission must hold the hearing at a time and place convenient to all of the parties concerned.

    Source: 16 SDR 57, effective October 1, 1989; 50 SDR 145, effective June 11, 2024.

    General Authority: SDCL 42-7B-7.

    Law Implemented: SDCL 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-18, 42-7B-19, 42-7B-20, 42-7B-21, 42-7B-22, 42-7B-24, 42-7B-25.

          20:18:10:08.  Answer.Repealed.

          Source: 16 SDR 57, effective October 1, 1989; 22 SDR 95, effective January 18, 1996; repealed, 23 SDR 227, effective July 1, 1997.

          20:18:10:09.  Disqualification. If the complaint was filed by a commission member, that commission member is disqualified from sitting at the hearing as a commission member and from participating in the decision made by the commission. The commission member may appear as a witness and give advice on procedure.

          Source: 16 SDR 57, effective October 1, 1989; 23 SDR 227, effective July 1, 1997.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 1-26-26, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-19, 42-7B-24, 42-7B-25.

    20:18:10:10.  Per diem and mileage. The commission may authorize per diem and mileage for complainants, witnesses, and affected parties at informal consultations and for complainants and witnesses at formal hearings. The per diem may not exceed the amounts authorized in SDCL 19-5-1 for per diem and the mileage may not exceed the amounts authorized by SDCL 3-9-1.

    Source: 16 SDR 57, effective October 1, 1989; 50 SDR 145, effective June 11, 2024; 51 SDR 1, effective July 1, 2024.

    General Authority: SDCL 42-7B-7.

    Law Implemented: SDCL 1-26-19.1, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-18, 42-7B-19, 42-7B-20, 42-7B-21, 42-7B-22, 42-7B-24, 42-7B-25.

    20:18:10:11.  Final action by commission. If, after hearing the evidence, the commission determines that any part of the complaint has been proven, the commission may revoke the license, suspend the license for a particular period of time, issue a public or private letter of reprimand to be placed in the file of the licensee, or take any combination of these actions. If the commission determines that part of the complaint has not been proven, the commission must dismiss any part of the complaint not proven. A letter of reprimand must state the actions that prompted the complaint, and must include the names of the complainant and other affected parties, the dates on which the actions occurred, the place where the actions occurred, and a list of who witnessed the actions. This section does not prevent the commission from compromising a formal hearing, and the commission may also allow an assurance of voluntary compliance. Written findings of fact, conclusions of law, and an order must be entered after the decision. The commission may allow or require briefs of law before making its decision.

    Source: 16 SDR 57, effective October 1, 1989; 50 SDR 145, effective June 11, 2024.

    General Authority: SDCL 42-7B-7.

    Law Implemented: SDCL 1-26-20, 1-26-25, 1-26-27, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-18, 42-7B-19, 42-7B-20, 42-7B-21, 42-7B-22, 42-7B-24, 42-7B-25.

    20:18:11:01.  Petition for hearing. A person aggrieved by an action of the commission or the executive secretary that was taken without a hearing may, within thirty days following the date of the action, petition the commission for a hearing. The hearing must be held at a time and place convenient for the commission and the petitioner. The hearing is a contested case.

    Source: 16 SDR 57, effective October 1, 1989; 50 SDR 145, effective June 11, 2024.

    General Authority: SDCL 42-7B-7.

    Law Implemented: SDCL 1-26-16, 1-26-18, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-18, 42-7B-19, 42-7B-20, 42-7B-21, 42-7B-22, 42-7B-24, 42-7B-25.

    20:18:11:02.  Petition for review. Within ten days after receipt of a commission decision, a party to the hearing may file with the commission a petition to review its decision. The commission may deny the petition, order a rehearing, or direct other proceedings. Upon rehearing or other proceedings, the commission may affirm, reverse, or modify its earlier decision. Notice of the commission's decision on the petition to review must be served by mail on the petitioner and parties.

    Source: 16 SDR 57, effective October 1, 1989; 50 SDR 145, effective June 11, 2024.

    General Authority: SDCL 42-7B-7.

    Law Implemented: SDCL 1-26-18, 1-26-25, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-18, 42-7B-19, 42-7B-20, 42-7B-21, 42-7B-22, 42-7B-24, 42-7B-25.

    20:18:12:02.  Grounds for summary suspension. The commission or the executive secretary may immediately suspend, for not more than sixty days, the license of a licensee who:

    (1)  Is charged with a Class A violation under this article;

    (2)  Has been charged in South Dakota with a felony;

    (3)  Has been charged in any other jurisdiction for a crime that would be a felony if committed in South Dakota;

    (4)  Has been charged with a violation of any section of SDCL chapters 22-11, 22-12A, 22-14, 22-14A, 22-16, 22-18, 22-19, 22-22, 22-23, 22-25, 22-29, 22-30, 22-30A, 22-32, 22-33, 22-39, 22-41, 22-42, 22-42A, or 22-43; or

    (5)  Has been charged with the commission of any crime of violence as defined by SDCL 22-1-2(9).

    Source: 16 SDR 57, effective October 1, 1989; 50 SDR 145, effective June 11, 2024.

    General Authority: SDCL 42-7B-7.

    Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-24, 42-7B-25, 42-7B-32, 42-7B-33.

    20:18:12:03.  Notice. The executive secretary must deliver a notice of suspension personally or by certified mail to the suspended licensee. The notice must state when the suspension begins and ends and must state the reasons for the suspension.

    Source: 16 SDR 57, effective October 1, 1989; 50 SDR 145, effective June 11, 2024.

    General Authority: SDCL 42-7B-7.

    Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-24, 42-7B-25, 42-7B-32, 42-7B-33.

    20:18:12:04.  Complaint required. Within five days after the licensee received the notice of suspension, the executive secretary must serve upon the suspended licensee a copy of the formal commission complaint alleging a violation of this article and a notice of hearing. The complaint must be heard by the commission on an expedited basis as a contested case pursuant to SDCL chapter 1-26.

    Source: 16 SDR 57, effective October 1, 1989; 50 SDR 145, effective June 11, 2024.

    General Authority: SDCL 42-7B-7.

    Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-24, 42-7B-25, 42-7B-32, 42-7B-33.

          20:18:13:01.  Prior approval required. No equipment, machine, or device may be used for gaming without prior approval of the executive secretary or a designee. The approval must be in writing and must particularly describe the equipment, machine, or device.

          Source: 16 SDR 57, effective October 1, 1989; 19 SDR 177, effective May 27, 1993.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-36, 42-7B-43.

          20:18:13:02.  Testing. The executive secretary may require equipment, machines, or devices to be tested before approval. The executive secretary may require the payment of costs. Approval of the equipment, machine, or device must be stayed pending payment of the costs and testing of the equipment.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-36, 42-7B-43.

          20:18:13:03.  Appeal. If approval is denied by the executive secretary or a delegated agent of the commission, the applicant for approval may appeal the denial in writing to the commission within 10 days of being notified after the denial. The appeal is a contested case pursuant to SDCL 1-26.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-7.

          20:18:13:04.  Report of methods of cheating on device. All manufacturers and distributors of gaming devices must report all discovered or suspected methods of cheating a device that may compromise the integrity of the device in any way. The report must be made to the commission or the executive secretary within 14 days after the discovery.

          Source: 21 SDR 98, effective November 30, 1994.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-7, 42-7B-43.

    20:18:14:01.  Authorized games. The following games are authorized:

    (1)  Blackjack;

    (2)  Poker;

    (3)  Slot machines;

    (4)  Craps;

    (5)  Roulette;

    (6)  Keno; and

    (7)  Wagering on sporting events.

    Source: 16 SDR 57, effective October 1, 1989; 41 SDR 218, effective July 1, 2015; 47 SDR 137, effective June 28, 2021.

    General Authority: SDCL 42-7B-7.

    Law Implemented: SDCL 42-7B-1, 42-7B-7, 42-7B-11(13).

          20:18:14:02.  Start of gaming. No licensee may start gaming without written authority from the executive secretary.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-17.

          20:18:15:01.  Definitions. Terms used in this chapter mean:

          (1)  "Blackjack," an ace and a second card with a point value of ten dealt as the initial two cards to a player or the dealer. Blackjack may not include an ace and a ten-point value card dealt to a player who has split pairs;

          (2)  "Dealer," the person responsible for dealing the cards at a blackjack table;

          (3)  "Hard total," the total point count of a hand which contains no aces or which contains aces that are counted as one in value;

          (4)  "Shoe," a dealing device that has a compartment in which cards are stacked and that permits cards to be dealt at any given time;

          (5)  "Soft total," the total point count of a hand containing an ace when the ace is counted as eleven in value;

          (6)  "Tip bet," a wager placed by the player on behalf of the dealer.

          Source: 16 SDR 57, effective October 1, 1989; 19 SDR 21, effective August 20, 1992.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:04.  Push -- Exceptions. A wager is void and returned to the player when the sum of the player's cards is the same as the dealer, but a player's wager is lost if the dealer has a blackjack and the sum of the player's cards is 21 and not a blackjack.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:05.  Wagering rules. Except when splitting pairs, doubling down, surrendering, or making an insurance wager, no wager may be increased or withdrawn after the first card of a round has been dealt. All wagers at blackjack must be made by placing gaming chips, tokens, or coins on the appropriate areas of the blackjack layout.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:07.  Handling of wagers. Except for splitting pairs, surrendering, insurance, and doubling down, once the first card of the hand has been dealt by the dealer, no player may handle, remove, or alter any wagers that have been made until the hand has been completed. After a wager on the insurance line, a surrender, a wager to double down, or a wager to split pairs has been confirmed by the dealer, no player may handle, remove, or alter the wagers until the hand is completed. No dealer or other employee of the licensee may permit a player to violate this section.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:08.  Inspection of cards. After receiving the cards at the table, the dealer must sort and inspect the cards.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:09.  Presentation of cards. After the cards are sorted and inspected, the cards must be spread out, faced upward on the table, for visual inspection by the players. The cards must be spread out in horizontal fan shaped columns by deck according to suit and sequence.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:10.  The shuffle and reshuffle. After the players inspect the cards, the cards must be turned face downward on the table, mixed thoroughly, and stacked. After each stack of cards is dealt, the dealer must reshuffle the cards so that they are randomly intermixed. A reshuffle of the cards must take place after the cutting card is reached and before the dealer deals all of the cards. The retail licensee may reshuffle the cards at its discretion.

          Source: 16 SDR 57, effective October 1, 1989; 19 SDR 177, effective May 27, 1993.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:11.  Cut. After the cards have been shuffled, the dealer must offer the stack of cards with the backs facing away to the cutting player to be cut. The cutting player may cut the cards by placing the cutting card in the stack at least five cards from either end. Once the cutting card has been inserted by the player, the dealer must take all cards in front of the cutting card and place them on the back of the stack after which the dealer must insert the cutting card in a position between the center and the back of the stack. If a shoe is used, the stack of cards must then be inserted into the dealing shoe for the beginning of play; otherwise, the cards may be dealt from the hand.

          Source: 16 SDR 57, effective October 1, 1989; 18 SDR 9, effective July 23, 1991; 19 SDR 177, effective May 27, 1993.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-2.1, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:12.  Cutting player. The dealer must make a reasonable attempt to alternate the cut among all players.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:13.  Proposals for variations.  Upon written application of a retail licensee, the executive secretary may approve variations in the shuffle, deal, cut card placement, number of cut cards including shuffle techniques without the use of any cut cards, where the shuffle takes place, who is responsible for shuffling, shuffling equipment, dealing devices, and any burn card procedures.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:13.01.  Over/Under 13 variation.Repealed.

          Source: 18 SDR 9, effective July 23, 1991; repealed, 19 SDR 21, effective August 20, 1992.

          20:18:15:14.  Procedure for dealing cards. Cards used to play at blackjack must be dealt from the hand or from a dealing shoe specifically designed for the purpose and located on the table on the left of the dealer. A dealer must remove cards from the shoe or the deck and then place them on the appropriate area of the layout.

          Source: 16 SDR 57, effective October 1, 1989; 20 SDR 113, effective January 23, 1994.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:15.  Burn procedure. At the discretion of the retail licensee, the dealer may deal the first card face downward and place it in the discard rack which must be located on the table immediately in front of or to the right of the dealer. A new dealer who comes to the table may also burn one card before the new dealer deals cards to the players. At the discretion of a retail licensee, the burn card may be disclosed upon request.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:16.  The deal. At the beginning of a round of play, the dealer must, starting on the left and continuing clockwise around the table, deal the cards in the following order:

          (1)  One card face downward or upward to each box on the layout in which a wager is contained;

          (2)  One card face upward to the dealer;

          (3)  A second card, face downward or upward to each box in which a wager is contained; and

          (4)  One card face downward to the dealer.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:18.  The pickup. At the conclusion of a round of play, all cards on the layout must be picked up by the dealer in such a manner that they can be readily arranged to indicate each player's hand in case of question or dispute. When the value of a player's cards exceeds 21, that player's cards shall be revealed and placed in the discard rack.

          Source: 16 SDR 57, effective October 1, 1989; 18 SDR 9, effective July 23, 1991; 19 SDR 177, effective May 27, 1993.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-2.1, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:19.  Dealer's hole card. The dealer may not look at the face of the dealer's hole card until after all cards requested by the players are dealt to them unless the dealer's first card is an ace or has the value of ten.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:20.  Dealing after cutting card reached. If the cutting card is reached during the deal of the cards, the dealer must continue dealing until that round of play is completed.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:21.  Prohibited acts. No player or spectator may remove or alter any cards except as provided by this chapter, and no dealer or other employee of the licensee may permit a player or spectator to engage in such activity.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:21.01.  Exposing hand. When an active player exposes the player's hand to another active player, all other players at the table have the right to see the exposed hand. If the player who exposed the hand or the player who saw the exposed hand refuses, both of their hands shall be declared dead.

          Source: 18 SDR 9, effective July 23, 1991.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-2.1, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:22.  Point counts. A player is responsible for correctly computing the point count of the player's hand, and no player may rely on the point counts announced by the dealer.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:23.  Insurance wagers. If the first card dealt to the dealer is an ace, a player may make an insurance bet which wins if the dealer's hole card is a king, queen, jack, or ten and loses if the dealer's hole card is an ace, two, three, four, five, six, seven, eight, or nine. An insurance bet is made by placing on the insurance line of the layout an amount not more than half the amount staked on the player's initial wager. A player may bet an amount in excess of half the initial wager to the next unit that can be wagered in chips, if because of the value of chip denominations, half the initial wager cannot be bet. Insurance wagers must be placed immediately after the second card is dealt to each player, after the dealer's card is exposed, and before any additional cards are dealt to the dealer. All winning insurance wagers must be paid at odds of two to one. All losing insurance wagers must be collected by the dealer immediately after the dealer draws a second card or discloses the hole card and before the dealer draws any additional cards.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:24.  Doubling down. Except for blackjack, a retail licensee may allow a player to double down on the player's hand, which is to make an additional wager, not exceeding the original wager, on the first two cards dealt to the player or the first two cards of any split pair. One additional card must be dealt to the hand on which the player elects to double down. If a dealer obtains blackjack after a player doubles down, the dealer must collect the amount of the original wager of the player and may not collect the additional amount wagered in doubling down.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:25.  Splitting pairs. If the first two cards dealt to a player are identical in value, the player may split the hand into two separate hands by making a wager on the second hand equal to the original wager. If a player splits pairs, the dealer must deal a second card to the first hand so formed and must complete the player's decisions on that hand before dealing cards to the second hand. After a second card is dealt to a split pair, the player must stand, surrender, draw, or double down. A player may not split pairs more than three times in a round of play on any one hand. A player splitting aces may have only one card dealt to each ace. If the dealer obtains blackjack after a player splits pairs, the dealer may only collect the amount of the original wager of the player and may not collect the additional amount wagered in splitting pairs.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:26.  Drawing of additional cards by players and dealers. A player may elect to draw additional cards if the player's point count total is less than 21. A player with blackjack or a hard or soft total of 21 may not draw additional cards.

          A dealer must draw additional cards to the dealer's hand until the dealer has a hard or soft total of 17, 18, 19, 20, or 21. House rules may require the dealer to draw additional cards on a soft 17. Thereafter, no additional cards may be drawn. A dealer may not draw additional cards to the hand, regardless of the point count, if decisions have been made on all players' hands and the point count of the dealer's hand will have no effect on the outcome.

          Source: 16 SDR 57, effective October 1, 1989; 19 SDR 21, effective August 20, 1992.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:27.  Player wagering on more than one box. A retail licensee may permit a player to wager on more than one box or may limit multiple play during hours when there are insufficient seats in an establishment to accommodate patron demand.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

    20:18:15:28.  Irregularities. A card found turned face upward in the shoe or deck may not be used in the game and must be placed in the discard rack. A card drawn in error without its face being exposed must be used. After the initial two cards have been dealt to each player and a card is drawn in error and exposed to the players, the card must be dealt to the players or dealer. Any player refusing to accept such a card may not have additional cards dealt to that player during the round. If the card is refused by the player and the dealer cannot use the card, the card must be burned. If the dealer has 17, 18, 19, 20, or 21 and accidentally draws a card for the dealer, the card must be burned. If the dealer misses dealing the first or second card to the dealer, the dealer must continue dealing the first two cards to each player, and then deal the correct number of cards to the dealer. If there are insufficient cards remaining in the shoe or deck to complete a round of play, the cards in the discard rack must be shuffled and cut; and the dealer must complete the round of play. If no cards are dealt to a player's hand, the hand is dead and the player may be included in the next deal. If only one card is dealt to the player's hand, the dealer must deal the second card to the player after all other players have received a second card.

    Source: 16 SDR 57, effective October 1, 1989; 17 SDR 93, effective January 6, 1991; 47 SDR 137, effective June 28, 2021.

    General Authority: SDCL 42-7B-7, 42-7B-15.

    Law Implemented: SDCL 42-7B-7, 42-7B-11(13).

          20:18:15:29.  Special rules of conduct. A retail licensee may establish rules of conduct to be followed by the players and spectators on its licensed site. Before rules may be posted by a retail licensee, prior approval must be obtained from the executive secretary.

          Source: 16 SDR 57, effective October 1, 1989.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:30.  Surrender. At the option of a retail licensee, a player may surrender the player's cards by forfeiting half the original wager if the dealer does not have blackjack. A player must surrender before receiving additional cards to the player's hand.

          Source: 16 SDR 57, effective October 1, 1989; 20 SDR 113, effective January 23, 1994.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-1, 42-7B-2, 42-7B-3, 42-7B-4, 42-7B-7, 42-7B-14, 42-7B-15.

          20:18:15:30.01.  Variations of the play -- Rainbow 21. Rainbow 21 must be dealt and played following the standard rules of blackjack in this chapter with the following exceptions:

          (1)  Rainbow 21 may only be played on tables displaying the Rainbow 21 table layout. A licensee may not offer Rainbow 21 until the surveillance system on the table to be utilized is approved by the executive secretary;

          (2)  In Rainbow 21 extra play wagers are allowed. The extra play wager is a secondary wager by a player on the outcome of another player's hand. The player must first make a primary wager on the player's own hand before making an extra play wager on another player's hand;

          (3)  The extra play wager may not exceed the amount bet on the player's own hand;

          (4)  If another player elects to split a hand, all extra play action is on the outcome of the player's first split hand dealt and not on the second;

          (5)  After a player has made the initial extra play wager on the outcome of another player's hand, that player may not make any additional wagers on the outcome of another player's decision to double down or split hands, except in the case of insurance, to which all regular blackjack rules in this chapter apply;

          (6)  A player may not play any hands other than the hand or hands dealt to the player, and only that player who is dealt the hand or hands may make decisions that affect the outcome of the hands; and

          (7)  If a player is playing more than one position at a table, that player may not place an extra play wager on any hand dealt to that player.

          Source: 23 SDR 227, effective July 1, 1997.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-3, 42-7B-4(3), 42-7B-7.

          Cross-References: Security and surveillance, ch 20:18:29; Insurance wagers, § 20:18:15:23.

          20:18:15:30.02.  Variations of the play -- Ten sticks 21. Ten sticks 21 must be dealt and played following the standard rules of blackjack in this chapter, except as follows:

          (1)  Ten sticks 21 may only be played on tables displaying the Ten sticks 21 table layout;

          (2)  In each deck of cards, the ten of clubs must be clearly marked on its face with the ten sticks bonus logo. This card plays the same as any ten-count card;

          (3)  If a player is dealt a bonus card which makes the point count exceed 21, the hand is lost just as in regular blackjack;

          (4)  If a player is dealt a playable bonus card or one which does not make the point count exceed 21, one of two options may be taken;

               (a)  The player may keep the bonus card and play it as a ten; or

               (b)  The player may trade the bonus card for the next card dealt;

          (5)  If a player trades a bonus card, that player will receive a bonus light which is shown on the disk in front of the player's betting position. The light is activated by the dealer from a control switch attached to the gaming table;

          (6)  The object of the game is for each player to get all ten bonus lights lit during the course of play and receive the designated bonus prize previously determined by the casino;

          (7)  Ten sticks 21 winners start back at zero and all other players continue with the accumulated bonus lights;

          (8)  A player may not pass bonus lights on to the next player taking that player's chair. All new players start at zero; and

          (9)  A Ten sticks 21 bonus card dealt to the dealer must be played as a ten-count card.

          A casino may opt not to allow players to trade cards. A player who receives a playable Ten sticks bonus card or one that does not make the count of the player's hand exceed 21 automatically receives a bonus light.

          A casino may allow players leaving the game to receive a player's card on which the dealer punches a total equaling the number of lights which that player accumulated during play. If the player resumes the game at a later time, the player would start the game with the same number of bonus lights as punches on the player's card. The player must surrender the card at the time the game is resumed. The form of the player's card used by a casino under this option must have the prior approval of the commission.

          Source: 23 SDR 227, effective July 1, 1997.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-3, 42-7B-4, 42-7B-7.

          20:18:15:30.05.  Variations of the play -- Progressive BlackJack. Progressive BlackJack must be dealt and played following the standard rules of blackjack in this chapter, except as follows:

          (1)  Progressive BlackJack may be played only on approved tables equipped with the necessary electronic equipment and signage, and which displays the Progressive BlackJack layout. Four or more 52-card decks must be used;

          (2)  Each player may place an additional, optional wager by placing a token in the designated coin-in slot in front of the player's bet;

          (3)  The optional wager allows the player to participate in play for a progressive jackpot. As tokens are accepted, the progressive meter will advance by a predetermined amount for each token placed through the coin-in slots;

          (4)  Each player determines whether to "stand" or "hit," as in standard blackjack. If the player busts, and has made a progressive jackpot wager, remove the original wager and leave the cards on the table to determine whether a progressive jackpot hand has occurred. After all players hands are completed, reveal all cards in the dealer position and play the hand according to standard blackjack rules;

          (5)  Beginning with the rightmost player, the dealer will then evaluate each hand and pay, take, or push the standard blackjack wager. If the player has made a progressive blackjack wager, and his or her original 1^st, 2^nd, 3^rd, or 4^th card (including split hands) matches a progressive jackpot, leave the hand exposed on the layout and continue to the next player;

          (6)  After paying or taking all standard blackjack wagers, the dealer will pay any progressive jackpots from right to left, according to the following schedule, which shall be displayed by table signage or on the table layout:

          (7)  After all progressive wagers have been made and before the dealer starts to deal the cards, the dealer operates a key pad by which the dealer locks out the coin-in mechanism. After the hand is completed, the dealer clears the lockout so the players may wager on the progressive jackpot for the next hand;

          (8)  A licensee may not discontinue offering a Progressive BlackJack jackpot until the highest progressive jackpot award has been won by a qualified player or players. If a licensee wishes to discontinue offering a progressive jackpot award, the licensee may petition the executive secretary for permission to either reduce the qualifications or criteria for winning the award, allowing the award to be paid more quickly, or to transfer the award liability to the jackpot offered by a different game. If a retail licensee intends to close its business while having a progressive jackpot award liability, the licensee may petition the executive secretary for permission to transfer the award liability, along with the award fund, to another retail licensee offering a comparable jackpot award.

          Source: 29 SDR 147, effective May 6, 2003.

          General Authority: SDCL 42-7B-7.

          Law Implemented: SDCL 42-7B-4(3), 42-7B-7, 42-7B-15.

    20:18:15:30.06.  Variations of the play -- STREAK blackjack. STREAK blackjack must be dealt and played following the standard rules of blackjack as listed in this chapter, except as follows:

    (1)  STREAK is a patented variation of blackjack where the player may place one or more optional wagers that the player will win two, three, four, or five consecutive blackjack hands. STREAK may only be played on tables equipped with the STREAK signage, STREAK table layout, and STREAK lammer for each player position;

    (2)  Prior to the start of each round of blackjack, in addition to the standard blackjack wager, each player is afforded the opportunity to place one or more STREAK wagers by placing a wager on one or more of the designated STREAK spots, numbered two through five located at each player position;

    (3)  If a player has placed a STREAK wager and wins the blackjack hand, the dealer must place a lammer on top of the STREAK spot labeled "2" indicating that the player is going for a second consecutive win;

    (4)  If a player wins the next consecutive blackjack hand and has a STREAK wager on number "2", the dealer must first pay the blackjack wager, then pay the STREAK wager and then advance the lammer to the "3" STREAK wager spot, indicating that the player is going for a third consecutive win;

    (5)  With each consecutive winning blackjack hand, the dealer shall first pay the blackjack wager, then the STREAK wager and then advance the lammer to the next highest STREAK wager spot until the player either loses a hand or wins the last of the pending STREAK wagers, thereby completing the STREAK pendency. At such point each player's lammer is returned to the tray at the end of the player's STREAK wager spots;

    (6)  If a player loses a blackjack hand all pending STREAK wagers are lost;

    (7)  The "2", "3", "4", and "5" STREAK wagers have independent outcomes. A STREAK payoff is made only when the lammer is on top of a STREAK wager and the player has a winning blackjack hand which indicates that the player has won that specific STREAK bet;

    (8)  A blackjack hand resulting in a push will not win or lose a STREAK wager;

    (9)  A player having split blackjack hands must win the majority of the hands to advance a STREAK wager. If a player loses more split hands than the player wins, the STREAK wager is lost. If a player equally wins and loses the same number of split hands, the STREAK wager is neither advanced nor lost;

    (10)  Once a STREAK wager is placed, no other STREAK wagers may be placed until the player wins or loses all pending STREAK wagers;

    (11)  A player may not sit out any hand with a STREAK wager pending. If a player fails to complete any hand in the pendency when STREAK wagers are placed, all STREAK bets are forfeited to the house;

    (12)  A player may choose to take an even money option with any STREAK wagers pending if the player has blackjack. When players choose this option, the dealer shall first pay the blackjack wager. The dealer then stacks the player's cards and turns the cards sideways, indicating that a decision must be made for STREAK before completion of insurance procedures. The dealer then takes insurance bets before determining the outcome of STREAK wagers. If both the dealer and player have blackjack, it is a push for STREAK wagers. If the dealer does not have blackjack, the STREAK lammer is advanced. A player's card is burned after the STREAK outcome has been determined;

    (13)  STREAK wagers are not affected by any insurance bet;

    (14)  A player exercising the surrender option shall lose any STREAK wager;

    (15)  The dealer is responsible for rotating the STREAK lammer and aligning the edgespot with the matching mark on the layout each time a lammer is advanced;

    (16)  Each STREAK lammer must be accounted for and kept in the rack when not utilized;

    (17)  A player may place STREAK wagers for the dealer, provided the player has at least one STREAK wager pending. Tip wagers are paid at the same rate as the player's STREAK wager. STREAK tip wagers must be paid immediately after payment of the player's STREAK wager;

    (18)  A separate minimum-maximum wager amount may be used for STREAK wagers;

    (19)  STREAK wagers must be paid in accordance with the following pay table:

    (20)  Each casino offering STREAK blackjack shall have designated areas for the placement of STREAK wagers which contain, at a minimum:

        (a)  Four separate designated wagering areas for each player position at the table numbered 2 through 5; and

        (b)  A mark next to each designated wagering area to which the edgespot of the lammer can be matched;

    (21)  The STREAK lammer shall have distinct sizing and markings which include, at a minimum:

        (a)  An edgespot measuring three-quarters of an inch across by one-quarter of an inch deep, to be mirrored on the backside of the lammer and run through the edge of the lammer;

        (b)  Made of a color known as PMS#804U; and

        (c)  The STREAK logo and Casino logo no less than one-eighth of an inch tall;

    (22)  Each casino shall post a sign approved by the commission listing the payout odds for STREAK wagers if the payout odds are not imprinted on the table layout; and

    (23)  Minimum-maximum wager amounts must be posted on all tabletop signage.

    Source: 30 SDR 115, effective February 1, 2004; 50 SDR 145, effective June 11, 2024.

    General Authority: SDCL 42-7B-7.

    Law Implemented: SDCL 42-7B-4(6), 42-7B-7, 42-7B-15.

    20:18:15:30.17.  Variations of the play -- TriLux Bonus Blackjack with Super 3. TriLux Bonus Blackjack with Super 3 is an optional wager for use with the standard game of blackjack. The TriLux Bonus Blackjack wager considers the first two cards and the dealer's up-card. If the TriLux Bonus Blackjack wager is made, the player may make a secondary wager known as Super 3 that gives the patron the chance to win a higher payout. The Super 3 wager also considers the first two player cards along with the dealer's up-card. Both the TriLux Bonus Blackjack wager and the Super 3 wager pay if the player's two cards and the dealer's up-card make a qualifying hand based on the game's paytable. All payouts are against a paytable. Additional requirements are:

    (1)  TriLux Bonus Blackjack with Super 3 may be played with one, two, four, five, six, or eight standard decks;

    (2)  TriLux Bonus Blackjack and Super 3 are both optional bonus bets for blackjack with one exception:

        (a)  The player must make the TriLux Bonus wager to be eligible to make the TriLux Super 3 wager. This subsection only applies if the casino offers the TriLux Super 3 bonus wager;

    (3)  To begin each round, players must make the standard blackjack wager. A player may optionally make the TriLux Bonus wager and the TriLux Super 3 bonus wager;

    (4)  The dealer then follows the house procedures for dealing blackjack;

    (5)  After each player and the dealer has received two cards, the dealer shall settle the TriLux Bonus and TriLux Super 3 wagers in one of two ways:

        (a)  When the cards are dealt face up, the TriLux Bonus and TriLux Super 3 wagers must be settled immediately after each player and the dealer receives the first two cards. Winning TriLux Bonus and TriLux Super 3 bets must be paid and losing bets must be picked up in order of placement from the dealer's right to left. Then, standard blackjack play shall resume; or

        (b)  When the cards are dealt face down, the TriLux Bonus and TriLux Super 3 wagers must be settled on a hand-to-hand basis, as the dealer goes from left to right asking for hit/stand determinations;

    (6)  TriLux Blackjack also offers the Lucky George (dealer envy) TriLux Bonus paytable. The Lucky George payout is paid directly to the dealer or dealer toke pool if applicable paytables are being offered. When the player hits a corresponding hand, the dealer shall receive a payout based on the applicable paytables;

    (7)  A TriLux Bonus Blackjack wager must be paid in accordance with one of the following paytables:

    (8)  A TriLux Bonus Blackjack with dealer envy must be paid in accordance with one of the following paytables:

    *Payouts are fixed dollar pays; and

    (9)  A Super 3 Blackjack wager must be paid in accordance with one of the following paytables:

                *TriLux bet must be made to bet Super 3 bet.

    Source: 44 SDR 65, effective October 16, 2017; 40 SDR 146, effective June 11, 2024.

    General Authority: SDCL 42-7B-7.

    Law Implemented: SDCL 42-7B-4(6), 42-7B-15.