S.D. Admin. R. 20:04:33:12

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

Section 20:04:33:12 - Exclusion grounds

Individuals, licensed or unlicensed, who the commission determines pose a threat to the interests of the state or to licensed pari-mutuel wagering may be excluded from employment, or participation in pari-mutuel wagering through any multi-jurisdictional totalizator hub. In making the determination for exclusion, the commission may consider any of the following:

(1) Prior conviction of a felony, a misdemeanor involving moral turpitude, or a violation of racing, gaming, or pari-mutuel laws of any state, the United States, any of its possessions or territories, or Indian tribes;

(2) A violation, attempt to violate, or conspiracy to violate, the provisions of the racing, gaming, or pari-mutuel statutes or rules of the state or any other state, the United States, any of its possessions or territories or Indian tribes;

(3) A violation, attempt to violate, or conspiracy to violate, the provisions of the gaming or pari-mutuel statutes or rules of the state relating to the failure to disclose an ownership interest in a gaming establishment or a pari-mutuel facility for which the person must obtain a license or make disclosures to the commission;

(4) The intentional evasion of lawful fees or taxes;

(5) Notorious or unsavory reputation that would adversely affect public confidence and trust that the gaming and the pari-mutuel industry is free of criminal or corruptive influences;

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

(7) Denial or revocation of a racing, pari-mutuel, or gaming license in any jurisdiction; or

(8) Termination for cause by, or exclusion from, any licensed or tribal gaming establishment, pari-mutuel facility, or racetrack in any jurisdiction.

S.D. Admin. R. 20:04:33:12

32 SDR 32, effective 8/30/2005.

General Authority: SDCL 42-7-56(15)(16).

Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.