S.D. Admin. R. 48:02:05:05

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

Section 48:02:05:05 - Duties of licensed establishments

Specific duties of owners, managers, and designated employees of licensed establishments are as follows:

(1) Provide a secure premise for the placement, operation, and play of video lottery machines;

(2) Permit no one to tamper with or interfere with the approved operation of any video lottery machine;

(3) and all associated hardware Ensure that all associated communication lines and hardware are properly connected to the video lottery machines to allow for communication between the video lottery machines and the host system;

(4) Contract only with persons authorized under this title to directly share in revenues generated from net machine income;

(5) Ensure that video lottery machines are placed and remain as placed within the sight and control of the owner, manager, or designated employee while engaging in the actual dispensing of alcoholic beverages from the location where alcoholic beverages are dispensed;

(6) Ensure that video lottery machines are placed and remain as placed in the specific area of the licensed establishment where alcoholic beverages are regularly dispensed and consumed in the ordinary and usual course of business;

(7) Monitor video lottery machines to prevent access to or play by persons who are under the age of 21 years or who are visibly intoxicated;

(8) Commit no violations of the laws of this state concerning the sale, dispensing, and consumption on premises of alcoholic beverages that results in suspension or revocation of its license;

(9) Maintain at all times change and cash in the denominations accepted by the video lottery machines located in the establishment;

(10) Extend no credit for video lottery machine play;

(11) Pay all credits upon presentment of a valid winning ticket voucher in accordance with SDCL 42-7A-37 and chapter 48:02:12;

(12) Exercise caution and good judgment in providing cash for checks presented for video lottery machine play;

(13) Report promptly all malfunctions of video lottery machines to the operator and notify the lottery of an operator's failure to provide service and repair of machines and associated equipment as required under this title;

(14) Conduct advertising and promotional activities of the video lottery in accordance with decency, dignity, honesty, and good taste so that it does not reflect adversely on the lottery or the state of South Dakota;

(15) Install, post, and display prominently at locations within or about the premises signs, redemption information, and other promotional material as required by the lottery. Use of the trademarked video lottery logo must be approved by the lottery;

(16) Immediately notify operators of all out-of-service machines;

(17) Immediately notify the lottery of an operator's failure to respond within 24 hours after notice to the operator of an out-of-service machine; and

(18) Video lottery machines must be available for play and accessible to eligible customers during the hours of operation of the alcohol licensee.

S.D. Admin. R. 48:02:05:05

16 SDR 27, effective 8/18/1989; 19 SDR 62, effective 10/27/1992; 21 SDR 219, effective 6/26/1995; 37 SDR 215, effective 5/31/2011; 49 SDR 051, effective 11/27/2022

General Authority: SDCL 42-7A-21(17), 42-7A-43, 42-7A-44.

Law Implemented: SDCL 42-7A-10, 42-7A-21(17), 42-7A-43.

Alcoholic beverages, SDCL title 35.