S.D. Admin. R. 20:04:29:08

Current through Register Vol. 50, page 159, June 17, 2024

Section 20:04:29:08 - Grounds for refusal, revocation, or suspension of licenses

The commission may refuse, revoke, or suspend a license as provided in SDCL 42-7-91 and for the following reasons:

(1) Ownership, operation, or having an interest in bookmaking, pool selling, or any other illegal enterprise or having a connection with or association with a person engaged in illegal bookmaking, pool selling, or any other illegal enterprise;

(2) Conviction of a felony or misdemeanor involving moral turpitude;

(3) Being unqualified, by experience or otherwise, to perform the duties required of the applicant;

(4) Failure to disclose the true ownership interest in all horses as required;

(5) Engaging in activity, conduct, or practices that are undesirable or detrimental to the best interests of the public and the sport of horse racing;

(6) Suspension, revocation, or refusal to be licensed by any other racing jurisdiction;

(7) Failure or inability to maintain a race track properly or to meet obligations of the licensee's racing business on the track grounds;

(8) Violation of rules adopted by the commission or taking action or attempted action that is contrary to law;

(9) Hiring or employing a person who does not have a license required by this article;

(10) Permitting any person who is visibly intoxicated to participate in pari-mutuel wagering;

(11) Conducting false or misleading advertising;

(12) Catering to, assisting, employing, or associating with, either socially or in business affairs, any person of notorious or unsavory reputation or who has a police record, has defied congressional investigative committees or other officially constituted bodies acting on behalf of the United States or any state, or is associated with or supports known criminal organizations;

(13) Employing directly, including by a contract or by any other means, a firm or individual in any capacity that may damage the reputation of the state of South Dakota, or the pari-mutuel racing 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;

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

(15) 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;

(16) Denying any commission member or agent, on lawful demand, access to, inspection of, or disclosure of part of a pari-mutuel wagering establishment;

(17) Failure by a licensed employee to wear in plain view identification issued by the commission;

(18) Failure of a pari-mutuel facility to display the license on the premises;

(19) Alteration of a license;

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

(21) Willfully or persistently employing unlawful methods of operation or toleration of unlawful methods of operation; or

(22) Participating in fraudulent or dishonest conduct.

A violation of this section is grounds for disciplinary action.

S.D. Admin. R. 20:04:29:08

5 SDR 87, effective 4/15/1979; transferred from

General Authority: SDCL 42-7-56(12)(13), 42-7-93.

Law Implemented: SDCL 42-7-56(12)(13), 42-7-67, 42-7-91, 42-7-93, 42-7-94.

Complaints authorized -- Procedure following filing, § 20:04:01:19. Dismissal of complaint, § 20:04:01:20. Informal consultation, § 20:04:01:21. Assurance of voluntary compliance, § 20:04:01:22. Formal proceedings, § 20:04:01:23. Contents of commission complaint, § 20:04:01:24. Date of hearing, § 20:04:01:25. Answer, § 20:04:01:26. Disqualification, § 20:04:01:27. Final action by commission, § 20:04:01:29.