CHAPTER 21-6

RECOVERY OF GAMBLING LOSSES

21-6-1. Action by loser for recovery of losses--Persons liable--Limitation of actions.

Any person who shall lose any thing of value at any game, or by betting on any game, may recover the same or the value thereof from any other person playing at the game at which such thing was lost, or from the person with whom the bet was made, or from the proprietor of the place where the game was played, in a civil action, in which such proprietor and all persons engaged in the game may be joined as parties; provided that such action shall have been commenced within six months after the date of such loss.

21-6-2. Action by state's attorney for benefit of spouse, minor children or public schools.

In case the losing party fails to bring an action under § 21-6-1 within the time allowed by said section, it shall be the duty of the state's attorney, at any time within six years from the date of the loss, to bring action to recover such thing, or the value thereof, for the benefit of the spouse or minor children of such party, or, in case there be no spouse or minor children, for the benefit of the public schools.

CHAPTER 25
GAMBLING AND LOTTERIES

22-25-1. Gambling defined -- Keeping gambling establishment -- Letting building for gambling -- Misdemeanor.

Any person who engages in gambling in any form with cards, dice, or other implements or devices of any kind wherein anything valuable is wagered upon the outcome, or who keeps any establishment, place, equipment, or apparatus for such gambling or any agents or employees for such purpose, or any person who knowingly lets any establishment, structure, place, equipment, or apparatus for such gambling is guilty of a Class 2 misdemeanor.

22-25-3. Persuading another to visit gambling house as petty offense -- Reimbursement of amounts lost.

Any person who persuades another to visit any place used or occupied for the purpose of gambling in consequence whereof such other person gambles therein commits a petty offense, and in addition to any amount awarded therefor is liable to such other person in an amount equal to any money or property lost by him at play at such place, to be recovered in a civil action.

22-25-6. Unlawful betting on animal races as common nuisance -- Petty offense....

22-25-13. Keeping slot machines -- Free play machines excepted -- Misdemeanor -- Manufacture not prohibited.

No person may have in his possession, custody, or under his control or permit to be kept in any place under his possession or control, any slot machine or device. A slot machine or device is any machine upon the action of which anything of value is staked and which is operated by placing therein or thereon any coins, checks, slugs, balls, chips, tokens, or other articles, or in any other manner as a result of such operation anything of value is won or lost by the operation of such machine, when the result of such operation is dependent upon chance. This section does not extend to coin-operated nonpayout pin tables and arcade amusements, with free play features. A violation of this section is a Class 1 misdemeanor.

This section does not prohibit the manufacture, or any act appurtenant to the manufacture, of slot machines or devices in this state for distribution and sale.

22-25-14. Slot machine and premises public nuisance -- Manufacture not prohibited.

All slot machines capable of being used for gambling and places where they are kept or operated together with all property of any kind kept or used in connection with operation of the same, are hereby declared to be public nuisances.

This section does not prohibit the manufacture, or any act appurtenant to the manufacture, of slot machines, or devices in this state for distribution and sale.

22-25-14.1. Antique slot machine operated for nongambling purposes as defense -- Preservation and return of antique machines.

It is a defense to any prosecution under § §22-25-13 and 22-25-14 if the defendant shows that the slot machine is an antique slot machine and was not operated for gambling purposes while in the defendant's possession. For the purposes of this section, a slot machine shall be conclusively presumed an antique slot machine if it is twenty-five or more years old. Whenever such defense is offered, no slot machine seized from any defendant may be destroyed or otherwise altered until after a final court determination including review upon appeal, if any, that such defense is not applicable. If the defense is applicable, any such slot machine shall be returned pursuant to provisions of law providing for the return of property. It is the purpose of this section to protect the collection and restoration of antique slot machines not presently utilized for gambling purposes because of their esthetic interest and importance in South Dakota history.

22-25-21. Selling commodities on margin without intent to deliver -- Out-of-state contracts -- Prohibition of bucketshops -- Misdemeanor....

22-25-23. "Bingo" defined.

As used in this chapter, "bingo" is that game in which each player is supplied a card or board containing five adjoining horizontal and vertical rows with five spaces in each row each containing a number or figure therein, except for the central row with four spaces, each containing a number or figure therein and the word "free" marked in the center space thereof. Upon announcement by the person or persons conducting the game of any number or figure appearing on the player's card or board, the space containing said figures or number is covered by the player. When the player shall have covered all five spaces in any horizontal or vertical row, or shall have covered four spaces and the "free" space in a five space diagonal row, or shall have covered the required combination of spaces in some other preannounced pattern or arrangement, such combination of spaces covered shall constitute "bingo." The player or players to first announce "bingo" are awarded money, merchandise, or some other consideration by the person or persons conducting the game.

22-25-24. "Lottery" defined.

As used in this chapter, lottery or lotteries means a plan whereby for a valuable consideration money is raised by selling chances to share in the distribution of prizes.

22-25-25. Bingo and lotteries permitted for restricted purposes -- Conditions.

The game, bingo, as defined in §22-25-23 or lottery as defined in §22-25-24 may not be construed as gambling or as a lottery within the meaning of §22-25-1, if:

(1) The bingo game or lottery is conducted by a bona fide congressionally chartered veterans' organization; a religious, charitable, educational, or fraternal organization; a local civic or service club; a political party; a volunteer fire department; or a political action committee or political committee on behalf of any candidate for a political office which exists under the laws of the State of South Dakota;

(2) The proceeds therefrom do not inure to the benefit of any individual;

(3) No separate organization or professional person is employed to conduct the bingo game or lottery or assist therein;

(4) No compensation of any kind in excess of the state minimum wage per hour or sixty dollars, whichever is greater, in value is paid to any person for services rendered during any bingo session in connection with the conduct of the bingo game or in consideration of any lottery. However, the provisions of this subdivision do not apply to games or lotteries conducted in connection with any of the following events: a county fair conducted pursuant to §7-27-3, the state fair conducted pursuant to chapter 1-21, or a civic celebration recognized by resolution or other similar official action of the governing body of a county, municipality, or village;

(5) No prize in excess of two thousand dollars is awarded at any one play of bingo and no lottery prize is in excess of thirty thousand dollars in value. However, a lottery prize of thirty thousand dollars or less in value may also be given to a person who sells a winning lottery ticket or share as long as the winning lottery ticket or share is selected at random;

(6) The organizations authorized under subdivision (1) of this section, before conducting a bingo game or before selling any chances for a lottery give thirty days' written notice of the time and place thereof to the governing body of the county or municipality in which it intends to conduct the bingo game or lottery, and the governing body does not pass a resolution objecting thereto. However, any organization that conducts a lottery and tickets or shares for such lottery are sold state-wide shall provide written notice of such lottery pursuant to this subdivision only to the secretary of state and to the governing body where the drawing for such lottery is held. A municipality pursuant to §9-29-5 may by ordinance prohibit within the municipality the sale of lottery tickets or shares for such lottery issued pursuant to this section; and

(7) No organization authorized to conduct a bingo game or lottery under subdivision (1) of this section may enter into any lease or agreement with any other person or organization to provide equipment or services associated with the conduct of a bingo game or lottery. However, this subdivision does not apply to any lease or agreement with a distributor licensed pursuant to § §22-25-28 to 22-25-51, inclusive, to provide bingo or lottery equipment and supplies.

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22-25-26. Unauthorized bingo or lottery as misdemeanor.

Any person who conducts bingo or lottery in violation of §22-25-25 is guilty of a Class 2 misdemeanor.

22-25-27. Provision of chapter not applicable to state lottery.

The provisions of this chapter do not apply to a lottery owned and operated by this state.

CHAPTER 25A
INTERNET GAMBLING

Last visited 2003-9-9

22-25A-1. "Bet or wager" defined.

For the purposes of this chapter, the term, bet or wager, means to directly or indirectly take, receive, or accept money or any valuable thing with the understanding or agreement that the money or valuable thing will be paid or delivered to a person if the payment or delivery is contingent upon the result of a race, contest, or game or upon the happening of an event not known to be certain. Bet or wager does not include the purchase, sale, or trade of securities or commodities under state or federal law.

22-25A-2. "Gambling business" defined.

For the purposes of this chapter, the term, gambling business, means a business that is conducted at a gambling establishment or involves the placing, receiving, or making of bets or wagers or offers to engage in the placing, receiving, or making of bets or wagers.

22-25A-3. "Internet" defined.

For the purposes of this chapter, the term, internet, means the international computer network of both federal and nonfederal interoperable packet switched data networks.

22-25A-4. "Interactive computer service" defined.

For the purposes of this chapter, the term, interactive computer service, means a service, system, or network or access software provider that uses public communication infrastructure or operates to provide or enable computer access by multiple users to a computer server, including a service or system that provides access to the internet.

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22-25A-7. Internet betting by person engaged in gambling business prohibited.

Except as provided in § 22-25A-15, no person engaged in a gambling business may use the internet or an interactive computer service to bet or wager.

22-25A-8. Establishment of internet gambling business prohibited.

Except as provided in § 22-25A-15, no person may establish a location or site in this state from which to conduct a gambling business on or over the internet or an interactive computer service.

22-25A-9. Violation if gambling originates or terminates in state –Each bet a separate violation

A violation of § 22-25A-7 or 22-25A-8 occurs if the violation originates or terminates, or both, in this state. Each individual bet or wager offered in violation of § 22-25A-7 or from a location or site that violates § 22-25A-8 constitutes a separate violation.

22-25A-10. Violation a felony.

Any person who violates § 22-25A-7 or 22-25A-8 is guilty of a felony as follows:

(1) For a first offense, a Class 6 felony;
(2) For a second or subsequent offense, a Class 5 felony.

22-25A-11. Prosecution of violations.

The attorney general or the state's attorney for the county in which a violation under this chapter occurred, may prosecute violations of this chapter.

22-25A-12. Notification of illegal web site and penalties.

The attorney general may notify a gambling business that its web site is illegal in this state and list the penalties for violating this section.

22-25A-13. Preliminary restraining order available as condition of bond.

The attorney general or state's attorney may seek, and the court may enter, a preliminary restraining order enjoining a person from transmitting bets or wagers or information to assist in the placing of bets or wagers as a condition of bond pending trial or other disposition of the case.

22-25A-14. Permanent injunction available against guilty party

If a person is found guilty or pleads guilty to a charge brought under this chapter, the attorney general or states attorney may seek, and the court may enter, a permanent injunction against the person or gambling business enjoining the person or gambling business from transmitting bets or wagers or information to assist in the placing of bets or wagers.

22-25A-15. Inapplicability of chapter to state lottery or commission on gaming.

This chapter does not apply to the South Dakota Lottery and its licensees, who are engaged in conduct in furtherance of activity expressly authorized, licensed, and regulated under the provisions of chapter 42-7A or to the South Dakota Commission on Gaming and its licensees, who are engaged in conduct in furtherance of activity expressly authorized, licensed, and regulated under the provisions of chapters 42-7 and 42-7B.

Legalized Limited Card Games and Slot Machines

Last visited 2003-9-9

42-7B-4. Definition of terms. Terms used in this chapter mean:

(1) "Adjusted gross proceeds," except in the case of the games of poker, gross proceeds less cash prizes. In games of poker, the term, "adjusted gross proceeds," means any sums wagered in a poker hand which may be retained by the licensee as compensation which must be consistent with the minimum and maximum amount established by the South Dakota Commission on Gaming;

(2) "Bet," an amount placed as a wager in a game of chance;

(3) "Blackjack," a card game played by a maximum of seven players in which each player bets against the dealer. The object is to draw cards whose value will equal or approach twenty-one without exceeding that amount and win amounts bet, payable by the dealer, if the player holds cards more valuable than the dealer's cards. The commission may promulgate rules pursuant to chapter 1-26 authorizing variations of the game;

(4) "City limits," the boundaries of the City of Deadwood as they existed on January 1, 1989;

(5) "Commission," the South Dakota Commission on Gaming;

(6) "Gaming," limited card games and slot machines as allowed and regulated by this chapter;

(6A) "Gaming device," a slot machine, a poker table, or a blackjack table;

(7) "Gaming employee," any person twenty-one years of age or older employed by an operator or retailer hosting gaming to work directly with the gaming portion of that business and who must hold a support license;

(8) "Gaming equipment," any equipment used in gaming that is allowed by this chapter and which requires licensing;

(9) "Gaming license," any license issued by the commission pursuant to this chapter which authorizes any person to engage in gaming within the City of Deadwood;

(10) "Historic restoration and preservation," the restoration and preservation of the City of Deadwood to maintain its historical background, cultural heritage, and necessary supporting infrastructures;

(10A) "Key employee," any executive, employee, or agent of a gaming licensee having the power to exercise a significant influence over decisions concerning any part of the operation of a gaming licensee;

(11) "Licensed gaming establishment," any premises licensed pursuant to this chapter where gaming is conducted;

(12) "Licensee," any person licensed under this chapter;

(13) "Licensing authority," the South Dakota Gaming Commission;

(14) "Limited card games and slot machines," any card games including poker and blackjack and slot machines authorized by this chapter and regulated by the commission;

(15) "Net municipal proceeds," the amount remitted to the City of Deadwood by the South Dakota Commission on Gaming;

(16) "Operator," any person who places slot machines in the person's own business premises;

(17) "Person," includes individuals, partnerships, limited liability companies, associations, and corporations;

(18) "Poker," a card game played by players who are dealt cards by a nonplayer dealer. The object of the game is for each player to bet the superiority of the player's own hand and win the other players' bets by either making a bet no other player is willing to match or proving to hold the most valuable cards after all the betting is over. Poker includes draw, stud, low ball, or any combination thereof. The commission may promulgate rules pursuant to chapter 1-26 authorizing variations of the game;

(19) "Retailer," any licensee who maintains gaming at the licensee's place of business within the City of Deadwood for use and operation by the public;

(20) "Retail space," the area where the retailer's business is principally conducted;

(20A) "Route operator," any person who, individually or jointly pursuant to an agreement whereby consideration is paid for the right to place slot machines or gaming tables, engages in the business of placing and operating slot machines or gaming tables within the City of Deadwood;

(21) "Slot machines," any mechanical, electrical, or other device, contrivance, or machine which, upon insertion of a coin, token or similar object, or upon payment of any consideration whatsoever, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash premiums, merchandise, tokens, redeemable game credits or anything of value other than unredeemable free games whether the payoff is made automatically from the machines or in any other manner;

(22) "Slot machine manufacturer," any person or distributor who designs, assembles, fabricates, produces, constructs, sells, leases, or who otherwise prepares a product or a component part of a slot machine, other than tables or cabinetry;

(23) "Suitability" or "suitable," in relation to a person is the ability to be licensed by the commission and as to acts or practices, are lawful acts or practices;

(24) "Unsuitability" or "unsuitable," in relation to a person is the inability to be licensed by the commission because of prior acts, associations, or financial condition, and as to acts or practices, are those that would violate the statutes or rules or would be contrary to the declared legislative purpose of this chapter.

42-7B-1. Limited card games and slot machines authorized within city of Deadwood -- Voter approval required -- Form of ballot.

Limited card games and slot machines are hereby authorized, and may be operated and maintained, within the city limits of Deadwood, South Dakota, subject to the provisions of this chapter. The City of Deadwood must first approve the limited card games and slot machines by sixty percent of the votes cast at an election called for this purpose. The form of the question to be submitted to the voters is "Shall the city of Deadwood allow limited card games and slot machines?"

42-7B-14. Maximum amount of bets

The maximum amount of an initial bet or subsequent bet on all games subject to this chapter is the maximum bet limit (one hundred dollars) allowed on blackjack in any jurisdiction in South Dakota in effect on January 1, 1999.

42-7B-28. Gaming tax.

There is hereby imposed an eight percent gaming tax on the adjusted gross proceeds of gaming allowed by this chapter