Section 42-7B-4 - Definition of terms.
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 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;
(9A) "Gaming property owner," any person other than a licensed retailer who owns real property where licensed gaming is conducted within the city of Deadwood. The term, gaming property owner, does not include any person who owned real property where licensed gaming was conducted within the city of Deadwood prior to January 1, 2010;
(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.
Source: SL 1989, ch 374, § 3; SL 1990, ch 343, § 11; SL 1993, ch 320, § 4 rejected by referendum held September 14, 1993; SL 1993, ch 321, § 1; SL 1994, ch 351, § 100; SL 1995, ch 245, § 1; SL 1997, ch 243, §§ 1, 2; SL 2010, ch 212, § 1.