S.D. Admin. R. 20:18:09:01

Current through Register Vol. 51, page 67, December 16, 2024

Section 20:18:09:01 - Grounds for disciplinary action

The following acts or omissions are grounds for disciplinary action:

(1) Hiring or employing a person who does not have a support license or key employee license when required by this article;

(2) Permitting persons who are visibly intoxicated to participate in gaming activity;

(3) Service of intoxicating beverages in a gaming area to persons who are visibly intoxicated;

(4) Conducting false or misleading advertising;

(5) Catering to, assisting, employing, or associating with, either socially or in business affairs, persons of notorious or unsavory reputation or who have extensive police records, persons who have defied congressional investigative committees or other officially constituted bodies acting on behalf of the United States or any state, or persons who are associated with or support known criminal organizations;

(6) Employing directly, through a contract or by any other means, a firm or individual in any capacity that may damage the reputation of the city of Deadwood, the State of South Dakota, or the gaming industry because of the unsuitability of the firm or individual or because of the unethical or criminal methods of operation of the firm or individual;

(7) Employing a person who has been denied a gaming license on the grounds of unsuitability by a jurisdiction or who has failed or refused to apply for licensing;

(8) Employing in a gaming operation a person whom a regulatory agency or a court has found guilty of cheating or using an improper device in a game whether as a licensee or player or employing a person whose conduct in a licensed game as a dealer or other employee of a licensee resulted in revocation or suspension of the licensee's license;

(9) Failure to comply with or make provision for compliance with all federal, state, and local laws, rules, regulations, and ordinances, including payment of license fees, sales taxes, use taxes, federal, state, and local income taxes, withholding and payroll taxes, liquor and license fees, and antitrust and monopoly statutes;

(10) Possession in a licensed premise of cards, mechanical devices, implements, or cheating devices;

(11) Conducting, operating, or dealing a cheating or thieving game or device on a licensed location, either knowingly or unknowingly, which may have in any manner been marked, tampered with, or otherwise placed in a condition or operated in a manner which tends to deceive the public or which might make the game more likely to win or lose or which tends to alter the normal random selecting of criteria which determine the results of the game;

(12) When a licensed game or a slot machine is available for play by the public, failure to have a licensed employee of the retail licensee present on the premises to supervise the operation of the game or machine unless the retail licensee utilizes an electronic device or other monitoring equipment approved by the executive secretary pursuant to § 20:18:12.01:16;

(13) Denying any commission member or agent, on lawful demand, access to, inspection of, or disclosure of part of a gaming establishment;

(14) Failure by a support licensee or a key employee to wear in plain view identification issued by the commission;

(15) Failure of a retail licensee to display the license on the premises;

(16) Alteration of a license;

(17) Allowing a license to be used by a person other than the licensee;

(18) Use of promotional items specifically related to gaming play by a support licensee or key employee for personal gain when the promotional items are intended to promote the place of employment;

(19) Contributing to the damage or deterioration of historic buildings or historic features contrary to historic preservation plans, standards, and procedures of the city of Deadwood or the State of South Dakota; and

(20) Willfully or persistently employing unlawful methods of operation or toleration of unlawful methods of operation.

S.D. Admin. R. 20:18:09:01

16 SDR 57, effective 10/1/1989; 16 SDR 233, effective 7/1/1990; 19 SDR 21, effective 8/20/1992; 19 SDR 177, effective 5/27/1993; 21 SDR 98, effective 11/30/1994; 22 SDR 95, effective 1/18/1996; 25 SDR 95, effective 1/20/1999.

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

Law Implemented: SDCL 42-7B-3, 42-7B-7, 42-7B-11, 42-7B-15, 42-7B-17, 42-7B-18, 42-7B-32, 42-7B-40.

Note: A copy of the historic preservation plans, standards, and procedures of the city of Deadwood may be obtained from the Planning and Preservation Office, City of Deadwood, Deadwood, SD 57732.

State Historical Society Rules, ch 24:52; Premise monitoring required, § 20:18:12.01:16.