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CHAPTER 20:18:25

BUILDING REGULATIONS

Section

20:18:25:01        Building codes.

20:18:25:02        Inner access.

20:18:25:03        Consideration of history.

20:18:25:04        Information submitted with application.

20:18:25:05        Alterations.

20:18:25:06        Review of safety standards.

          Declaratory Rulings:

          A structure may constitute two or more buildings for the purpose of determining the number of gaming licenses which may be located within the structure depending upon the structure's configuration, building materials, and condition at the time of licensing or relicensing. The two-or-more-building designation may relate to a "front-to-back" or "side-by-side" configuration. South Dakota Commission on Gaming Declaratory Rulings dated August 9, 1993, and July 11, 1994.

          The plans for the Dunbar Retail Area to be located in Deadwood, South Dakota, constitute thirteen buildings for the purposes of determining the number of gaming devices that can be placed within said structures if built according to plans. It is further ordered that the operator or operators thereof, upon proper application and assuming compliance with other rules and regulations for gaming pursuant to SDCL Ch. 42-7B and ARSD Art. 20:18, would be entitled to all rights for a retail license pursuant to SDCL §§ 42-7B-16 and 42-7B-18. South Dakota Commission on Gaming Declaratory Ruling dated July 11, 1995.

          The Silverado I, located at 709 Main Street, Deadwood, South Dakota, 57732, constitutes two buildings for the purposes of determining the number of gaming devices that can be placed within said structures. It is further ordered that thirty devices can be placed in each building assuming compliance with other rules and regulations for gaming pursuant to SDCL Ch. 42-7B and ARSD Art. 20:18. South Dakota Commission on Gaming Declaratory Ruling dated July 11, 1995.

          The Historic Franklin Hotel, located at 700 Main Street, Deadwood, South Dakota, 57732, constitutes three buildings for the purposes of determining the number of gaming devices that can be placed within said structures, the third building being the Franklin Dining room at 700 Main Street, Deadwood, South Dakota, 57732. It is further ordered that thirty devices can be placed in the Franklin Dining Room in addition to the previous two separate buildings assuming compliance with other rules and requirements for gaming pursuant to SDCL Ch. 42-7B and ARSD Art. 20:18. South Dakota Commission on Gaming Declaratory Ruling dated July 11, 1995.

          The building known as the Dakota Territory Saloon owned and operated by Old Irish, Inc., constitutes two buildings front-to-back and not two buildings side-by-side and that thirty machines can be placed within each of the two buildings, front-to-back, assuming compliance with other rules and requirements for such gaming activity. South Dakota Commission on Gaming Declaratory Ruling dated July 19, 1996.

          The existing structure wherein the Silver Dollar is operated constitutes but one building and only thirty machines can be placed in such building upon compliance with the other rules and requirements for such gaming activity. South Dakota Commission on Gaming Declaratory Ruling dated July 23, 1996.

          The existing structure wherein the Burger King and Painted Pony Casinos are operated constitutes but one building and only thirty machines can be placed in such structure or building assuming compliance with other rules and requirements for such gaming activity. South Dakota Commission on Gaming Declaratory Ruling dated July 23, 1996.

          The openings in the common wall/party walls between the Wild West I, II, and III, previously known as the Eagle Bar, the Buffalo Skull, and the Prairie Edge exceed 25 percent of the lineal length of the wall between said structures and do not comply within the statutes of the State of South Dakota and the rules and requirements of the Commission on Gaming. South Dakota Commission on Gaming Declaratory Ruling dated July 29, 1996.

          The petitioner, 662 Main, LLC, may open the wall between the Bodega and Lady Luck properties to permit inner access between the two properties by installing a fire door in an opening approximately 6' by 7'8" that complies with the Uniform Building Code requirements. South Dakota Commission on Gaming Declaratory Ruling dated August 1, 1996.

          The proposed Gold Mine Resort does not constitute thirteen separate buildings for purposes of determining the number of gaming devices that can be placed within a building pursuant to SDCL chapter 42-7B and ARSD article 20:18 and consequently thirty machines cannot be placed in each building. South Dakota Commission on Gaming Declaratory Ruling dated September 13, 1996.

          Abigayle's Restaurant located at 137 Charles Street is a building separate and distinct from the Best Western Hickok House and Abigayle's Restaurant building is entitled to a maximum of thirty gaming devices as provided by SDCL 42-7B-16 and 42-7B-18 assuming proper application for licensure and compliance with all other rules, requirements and statutes pertaining to gaming in Deadwood. South Dakota Commission on Gaming Declaratory Ruling dated December 5, 1996.

          The 1893 Martin Mason Building, the 1897 Clark Building, the 1935 Phillips 66 Station, and the 1940's Retail Building each constitutes a building separate and distinct for the purpose of determining the number of gaming devices which can be located within each building. The Commission has also determined that the five openings on the first floor and the openings on the third floor between the 1893 Martin Mason Building and 1897 Clark Building have historical significance and are, therefore, entitled to an exception from the 25 percent inner access opening requirements of the Uniform Building Code providing said openings maintain their current historical dimensions and condition. South Dakota Commission on Gaming Declaratory Ruling dated January 24, 1997.

          The proposed project known as the Gold Mine Resort will constitute 13 separate buildings for purposes of determining the number of gaming devices that can be placed within a building assuming compliance with all other applicable rules, regulations, and requirements as they pertain to buildings in Deadwood, South Dakota, and that the proposed inner access between each such building does comply with the requirements of ARSD 20:18:25:02. South Dakota Commission on Gaming Declaratory Ruling dated March 27, 1997.

          A proposed entrance building for the Deadwood Gulch Hotel constitutes a building for the purpose of determining the number of gaming devices that can be placed in a structure and that 30 gaming devices can be placed in the building. The Commission has determined that the Black Hills Novelty Company, Inc., of Deadwood, can place one multiple player slot machine on the premises of a newly licensed retail business without being required to license a minimum number of regular slot machines. The Commission also determined that the IGT "Top Dollar" game does not violate the five dollar ($5.00) bet limit imposed by SDCL 42-7B-14. South Dakota Commission on Gaming Declaratory Ruling dated June 17, 1999.

          The arcade/café area located within the Gulches of Fun building in Deadwood does constitute a separate and distinct building for the purposes of determining the number of gaming devices that can be placed within the building. Thirty gaming devices can be placed in the building assuming compliance with all other rules and requirements for such gaming activity. South Dakota Commission on Gaming Declaratory Ruling dated September 20, 1999.

          The proposed Casino Six in the Tin Lizzie gaming complex constitutes a building for the purpose of determining the number of gaming devices that can be placed within the structure and 30 gaming devices can be placed in the proposed Casino Six assuming compliance with all other rules and requirements for gaming activities. The Commission on Gaming further determines that the inner access between proposed Casino Six and Casino One and proposed Casino Six and Casino Five can be protected by a water curtain and qualify under the Uniform Building Code as appropriate openings for these buildings. South Dakota Commission on Gaming Declaratory Ruling dated April 18, 2000.

          The proposed buildings to be located at 360 and 362 Main Street in Deadwood will constitute six separate and distinct buildings and that 30 gaming devices can be placed within each building assuming compliance with all other rules and requirements for such gaming activity. Also, the underground parking garage is entitled to a variance from the Uniform Building Code requirements that openings between buildings do not exceed 25 percent of the lineal length of the area separation wall in order to prevent a hazardous condition while exiting the structure. South Dakota Commission on Gaming Declaratory Ruling dated September 28, 2000.

          The proposed buildings of the Four Aces Hotel Corporation to be located at 531 Main Street, Deadwood, South Dakota, will constitute four separate and distinct buildings for the purpose of determining the number of gaming devices that can be within the structures pursuant to SDCL chapter 42-7B and ARSD article 20:18 and that 30 gaming devices can be placed in each proposed building assuming compliance with all other rules and requirements for such gaming activity. South Dakota Commission on Gaming Declaratory Ruling dated July 6, 2001.

          A structure known as Building Number 3, which is adjacent to the Deadwood Gulch Saloon in Deadwood, South Dakota, constitutes a third building for the purpose of determining the number of gaming devices that can be placed in the building and 30 devices can, therefore, be placed in the structure. Also, the inner access between the front building known as Building Number 2 and the structure known as Building Number 3 qualifies under the Uniform Building Code as an appropriate opening. South Dakota Commission on Gaming Declaratory Ruling dated April 10, 2002.

          The portion of the structure located at 681 Main Street, Deadwood, South Dakota, utilized as a restaurant does constitute a third building for purposes of determining the number of gaming devices that can be placed within said structure and 30 devices can, therefore, be placed in said structure assuming compliance with all other rules, statutes, and requirements for such gaming activity. Also, the inner access between the front buildings known as Building No. 1 and Building No. 2 and the portion of the structure now known as Building No. 3 being utilized as a restaurant qualifies under the Uniform Building Code as an appropriate opening if the same is duly protected with an approved water curtain. South Dakota Commission on Gaming Declaratory Ruling dated June 20, 2002.

          Construction planned by Deadwood City Limits Development Company does constitute seven buildings and 30 gaming devices may be placed in each such building assuming compliance with all other rules and requirements for gaming, all building codes and regulations, and compliance with all environmental statutes, regulations, and rules regarding construction. The petitioner is also entitled to a variance of the Uniform Building Code and Gaming Commission regulation requirements that buildings be separated by vertical area separation walls, rather than horizontal walls, due to the unique historical aspects of this building. South Dakota Commission on Gaming Declaratory Ruling dated November 5, 2002.

          The structure known as 650 Main Street in Deadwood constitutes two buildings for purposes of determining the number of gaming devices that can be placed within each said structure pursuant to SDCL chapter 42-7B and ARSD article 20:18 and that thirty devices can, therefore, be placed in each said structure assuming compliance with all other rules, statutes, and requirements for such gaming activity. The buildings located within the structure are front to back. The inner access between the front building and the back building at 650 Main Street qualifies under the Uniform Building Code as an appropriate opening based upon historical significance and life safety factors. South Dakota Commission on Gaming Declaratory Ruling dated December 23, 2002.

          The structures located at 673 and 675 Main Street in Deadwood constitute three buildings for purposes of determining the number of gaming devices that can be placed within each said structure pursuant to SDCL chapter 42-7B and ARSD article 20:18 and that thirty devices can be placed in each said structure assuming compliance with all other rules, statutes, and requirements for such gaming activity. The three buildings are situated as follows: one building located at 673 Main and two buildings located at 675 Main, front to back. The inner access between the front building at 675 Main Street and the rear building at 675 Main Street qualifies under the Uniform Building Code as an appropriate opening based upon its historical significance and upon life safety factors. South Dakota Commission on Gaming Declaratory Ruling dated December 23, 2002.

          The structure known as the Nelson Garage located at 625 Main Street constitutes two buildings, front to back, for purposes of determining the number of gaming devices that can be placed within each said structure pursuant to SDCL chapter 42-7B and ARSD article 20:18 and that thirty devices can be placed in each said structure assuming compliance with all other rules, statutes, and requirements for such gaming activity. The inner access between the front building and rear building located at 625 Main Street qualifies under the Uniform Building Code as an appropriate opening based upon historical significance and life safety factors. South Dakota Commission on Gaming Declaratory Ruling dated December 23, 2002.

          The structure located at 68 Main Street, Deadwood, South Dakota, constitutes two separate and distinct buildings, side by side, for purposes of determining the number of gaming devices that may be placed within said structures pursuant to SDCL chapter 42-7B and the Administrative Rules of South Dakota, article 20:18, and that 30 devices can be placed in each structure assuming compliance with all other rules, statutes and requirements for such gaming activity. Also the inner access between the two buildings is entitled to a variance from the Uniform Building Code opening requirements due to security and life safety, if the same is duly protected with an approved water curtain. South Dakota Commission on Gaming Declaratory Ruling dated March 20, 2004.

          The properties located at 153, 155 and 157 Sherman Street, Deadwood, South Dakota, constitute three separate and distinct buildings for purposes of determining the number of gaming devices that can be placed within said structures pursuant to SDCL chapter 42-7B and the Administrative Rules of South Dakota, article 20:18, and that the buildings be identified as follows: the Mother Lode Casino - building one; Depot Casino - building two; and Depot Restaurant - building three, and that 30 devices can therefore be placed in each said structure assuming compliance with all other rules, statutes and requirements for such gaming activity. The Commission does further declare and determine that the inner access between building number two - the Depot Casino, and building number three - the Depot Restaurant, qualifies for variance under the Uniform Building Code inner access opening requirements based upon security and life safety, if duly protected with an approved water curtain. The Commission does further declare and determine that the granting of the multiple building designation and variance from inner access requirements is conditioned upon petitioner's removing the roll-down fire wall between building number one - the Mother Lode Casino, and building number three - the Depot Restaurant, and installing an approved water curtain or sprinkler system. South Dakota Commission on Gaming Declaratory Ruling dated March 30, 2004.

          The property located at 688 Main Street, Deadwood, South Dakota, constitutes two separate and distinct buildings for purposes of determining the number of gaming devices that can be placed within said structure pursuant to SDCL chapter 42-7B and the Administrative Rules of South Dakota, article 20:18, and that 30 devices can, therefore be placed in each said structure assuming compliance with all other rules, statutes and requirements for such gaming activity. South Dakota Commission on Gaming Declaratory Ruling dated April 14, 2004.

          The proposed inner access between Buildings 6 and 7 in the Four Aces gaming complex at 531 Main Street, Deadwood, South Dakota, qualifies as an appropriate inner access opening pursuant to ARSD 20:18:25:02 assuming the same is protected by an approved water curtain. South Dakota Commission on Gaming Declaratory Ruling dated June 21, 2004.

          The new construction proposed at property located at 270 Main Street, Deadwood, South Dakota, will constitute five buildings for the purpose of determining the number of gaming devices that can be placed within said structures pursuant to SDCL chapter 42-7B and ARSD 20:18, et seq. and that 30 gaming devices can be placed in each of the buildings assuming compliance with other rules and requirements for such gaming activities. The Commission does further declare and determine that said declaratory ruling is specifically conditioned on petitioner inserting water curtains to protect all otherwise unprotected openings or inner access between said buildings. South Dakota Commission on Gaming Declaratory Ruling dated December 23, 2004.

          The properties and plans proposed by GR Deadwood, LLC, to be located as an addition to the existing Mineral Palace in Deadwood, South Dakota, constitute eight separate and distinct buildings for purposes of determining the number of gaming devices that can be placed within said structures pursuant to SDCL chapter 42-7B and ARSD 20:18, et seq. and that thirty gaming devices can be placed in each of the buildings assuming compliance with other rules and requirements for such gaming activities. The Commission does further declare and determine that the inner access between buildings 1, 4 and 7 on the second floor, and buildings 6 and 8 on the second floor qualify for variance under the Uniform Building Code inner access opening requirements based upon security and life safety, if duly protected with approved water curtains. The Commission does further declare and determine that the granting of the multiple building designation and variance from inner access requirements are conditioned upon petitioner further installing water curtains between the openings or inner access between the buildings on the first floor of the proposed structure and further agreeing not to maintain gaming on the second floor of said structure. South Dakota Commission on Gaming Declaratory Ruling dated December 23, 2004.

          The structure located adjacent to the Deadwood Gulch Resort located on south Highway 85, Deadwood, South Dakota, being the former location of the sauna and hot tub facility, constitutes a separate and distinct building for purposes of determining the number of gaming devices that can be placed within said structure pursuant to SDCL chapter 42-7B and ARSD 20:18, et seq. and that 30 devices can be placed in said building assuming compliance with all other rules and requirements for such gaming activities. The Commission does further declare and determine that the inner access between said building and existing retail establishment owned by petitioner may be protected by a water curtain and would, therefore, qualify under the Uniform Building Code as an appropriate opening or inner access between the buildings. South Dakota Commission on Gaming Declaratory Ruling dated July 6, 2005.

          The structure known as the Star of the West Room located within the Franklin Hotel constitutes a separate building for the purposes of determining the number of gaming devices that can be placed within said structure pursuant to SDCL chapter 42-7B and ARSD 20:18, et seq.; and that 30 gaming devices can be placed in said building, assuming compliance with all rules and requirements for such gaming activities. The Commission does further declare and determine that the inner access between the Star of the West Room and the Franklin lobby is an historical opening and therefore qualifies for a variance under the Uniform Building Code inner access opening requirements based upon historical reasons, if duly protected with an approved water curtain. The Commission does further declare and determine that the inner access between the Star of the West Room and Callahan's Bar qualifies for a variance under the Uniform Building Code inner access opening requirements based upon security and life safety, if duly protected with an approved water curtain. South Dakota Commission on Gaming Declaratory Ruling dated August 10, 2005.

          The structure known as the McKenna's Gold garage area situated adjacent to the gaming establishment known as McKenna's Gold at 470 Main Street, Deadwood, South Dakota, constitutes a separate building for the purposes of determining the number of gaming devices that can be placed within said structure pursuant to SDCL Chapter 42-7B and ARSD 20:18, et seq.; and that 30 gaming devices can be placed in said building, assuming compliance with all other rules and requirements for such gaming activities. The Commission does further declare and determine that the inner access between McKenna's Gold and McKenna's Gold garage area qualifies for a variance under the Uniform Building Code inner access opening requirements based upon life safety and security purposes, if duly protected with either an approved water curtain or an approved fire door, and also contingent upon the removal of the interior walls so as to improve visibility into the new building. South Dakota Commission on Gaming Declaratory Ruling dated September 26, 2005.

          Donna Kellar would be entitled to up to three retail licenses in her own name upon proper application with the South Dakota Commission on Gaming and that the granting of such retail licenses would not give her or her husband, Ken Kellar, an interest in more than three retail licenses due to their separate and distinct financial interests and their prenuptial agreement. The Commission does further declare and determine that this declaratory ruling is specifically conditioned upon Donna Kellar's agreement that none of the proceeds of any subsequent retail license would be given to or shared with, directly or indirectly, her husband Ken Kellar and that she agrees to file with the Commission on Gaming copies of her 2004 tax returns and updated financial statements. South Dakota Commission on Gaming Declaratory Ruling dated December 31, 2005.

          The existing structure at the Franklin Hotel known as the "1924 Expansion" constitutes a separate building for the purposes of determining the number of gaming devices that can be placed within said structure pursuant to SDCL Ch. 42-7B and ARSD 20:18, et seq.; and that 30 gaming devices can be placed in said building, assuming compliance with all other rules and requirements for such gaming activity; and

          That the proposed new construction at the Franklin Hotel to be known as the "Lobby Expansion" can be used for gaming purposes under the authority of the existing gaming license assigned to the Lobby provided that no more than 30 gaming devices are utilized in the Lobby with the Lobby expansion and assuming compliance with all other rules and requirements for such gaming activity; and

          That the proposed new construction at the Franklin Hotel known as "Gaming" would constitute a separate and distinct building for the purposes of determining the number of gaming devices that can be placed within said structure pursuant to SDCL Ch. 42-7B and ARSD 20:18, et seq.; and that 30 gaming devices could be placed in said building, assuming compliance with all other rules and requirements for such gaming activity; and

          That the building known as "Callahan's" which is currently assigned an existing gaming license may be expanded as proposed and that the entire area can be used for gaming purposes under the existing Callahan's license which permits up to 30 gaming devices; and

          That the proposed inner access between the existing buildings, proposed two new buildings and proposed expansions of the Lobby and Callahan's qualify as appropriate openings under the Uniform Building Code and the rules related to gaming and buildings in Deadwood with the exception of one opening between the proposed Callahan's expansion and the Lobby which would qualify for a variance based upon historical factors pursuant to ARSD 20:18:25:02. South Dakota Commission on Gaming Declaratory Ruling dated December 31, 2005.

          The proposed new construction of Deadwood Resorts, LLC, to be located at Highway 85 and Mount Roosevelt Road, Deadwood, South Dakota, constitutes 12 separate and distinct buildings for the purposes of determining the number of gaming devices that can be placed within said structures pursuant to SDCL Ch. 42-7B and ARSD 20:18, et seq.; and that 30 gaming devices can be placed in each proposed building, assuming compliance with all other rules and requirements for such gaming activities. The Commission does further declare and determine that the inner access between proposed building 12 and proposed building 3 does not qualify for a variance from the 25 percent rule pursuant to ARSD 20:18:25:02 on the basis of life safety. South Dakota Commission on Gaming Declaratory Ruling dated January 10, 2006.

          The Martin-Mason Building was constructed in 1893 and the existing third floor addition to the Martin-Mason Building was constructed in 1897 and constitutes a separate building for the purposes of determining the number of gaming devices that can be placed within said structure pursuant to SDCL chapter 42-7B and ARSD article 20:18, et seq.; and that said building should be comprised of the third floor over both the Martin-Mason Building as well as the building adjacent thereto known as the Clark Building; and that 30 gaming devices can be placed in said building, assuming compliance with all other rules and requirements for such gaming activity. South Dakota Commission on Gaming Declaratory Ruling dated April 6, 2006.

          The three existing structures known as Old Town Hall located at 12 Lee Street in Deadwood constitute three separate and distinct buildings for the purpose of determining the number of gaming devices that can be placed within each said structure pursuant to SDCL 42-7B and ARSD article 20:18, et seq.; and that 30 gaming devices can be placed in each said building, assuming compliance with all other rules and requirements for such gaming activity; and

          That the inner access between the front building known as Building 1 and the back building known as Building 3 is an historical opening and, therefore, qualifies for an exception based upon historical factors pursuant to ARSD 20:18:25:02 provided the opening is protected by a water curtain. South Dakota Commission on Gaming Declaratory Ruling dated April 6, 2006.

          The building known as the "Old Bar" located adjacent to the Deadwood Gulch Resort on South Highway 85, Deadwood, South Dakota, constitutes a separate building for the purposes of determining the number of gaming devices that can be placed within said structure pursuant to SDCL Ch.42-7B and ARSD 20:18 et seq. and that 30 gaming devices can be placed in said building, assuming compliance with all other rules and requirements for such gaming activity; and that the inner access between the structure known as the "Old Bar" and the Deadwood Gulch Resort may be protected by a water curtain and properly qualifies as an appropriate opening under the Uniform Building Code. South Dakota Commission on Gaming Declaratory Ruling dated September 28, 2006.

          The proposed new construction situated on the foundation and the location of the building currently existing on the west end of the Gallows located at 12 Lee Street in Deadwood, South Dakota, shall constitute an additional building for purposes of determining the number of gaming devices that can be placed within said structure, pursuant to SDCL chapter 47-7B and ARSD 20:18, et seq.; and that 30 devices can be placed in said structure assuming compliance with all other rules and requirements for such gaming activity; and the Commission does further declare and determine that the two interior openings proposed between the new structure and the main building may be protected by a water curtain and qualify under the International Building Code as appropriate openings. South Dakota Commission on Gaming Declaratory Ruling dated December 21, 2006.

          The proposed new construction to be located at 196 Cliff Street, Deadwood, South Dakota, also known as the Super 8 Motel, shall constitute one separate and distinct building for the purpose of determining the number of gaming devices that can be placed within said structure, pursuant to SDCL chapter 42-7B and ARSD 20:18, et seq.; and that 30 devices can be placed in said structure assuming compliance with all other rules and requirements for such gaming activities; and the Commission does further declare and determine that the openings between the new proposed building and the existing retail gaming establishment may be protected by water curtains and qualify under the International Building Code as appropriate openings. South Dakota Commission on Gaming Declaratory Ruling dated December 21, 2006.

          The area known as the stairway to the second floor of the HiKee Building in the Deadwood Gulch Saloon gaming facility in Deadwood, South Dakota, should properly be a part of Building III instead of Building II based upon new information and evidence, and that the area known as the stairway can be utilized for gaming purposes in Building III assuming compliance with all rules and requirements for such gaming activity; and the Commission does declare and determine that the inner access between Building III and the area known as the stairway and proposed inner access between the area known as the stairway and Building II will qualify as appropriate openings under the International Building Code and may be protected by water curtains. South Dakota Commission on Gaming Declaratory Ruling dated December 21, 2006.

          The proposed new construction situated on the foundation and the location of the building currently existing on the west end of the Gallows located at 12 Lee Street in Deadwood, South Dakota, shall constitute an additional building for purposes of determining the number of gaming devices that can be placed within said structure, pursuant to SDCL chapter 47-7B and ARSD 20:18, et seq.; and that 30 devices can be placed in said structure assuming compliance with all other rules and requirements for such gaming activity; and the Commission does further declare and determine that the two interior openings proposed between the new structure and the main building may be protected by a water curtain and qualify under the International Building Code as appropriate openings. South Dakota Commission on Gaming Declaratory Ruling dated December 21, 2006.

          The proposed new construction to be located at 196 Cliff Street, Deadwood, South Dakota, also known as the Super 8 Motel, shall constitute one separate and distinct building for the purpose of determining the number of gaming devices that can be placed within said structure, pursuant to SDCL chapter 42-7B and ARSD 20:18, et seq.; and that 30 devices can be placed in said structure assuming compliance with all other rules and requirements for such gaming activities; and the Commission does further declare and determine that the openings between the new proposed building and the existing retail gaming establishment may be protected by water curtains and qualify under the International Building Code as appropriate openings. South Dakota Commission on Gaming Declaratory Ruling dated December 21, 2006.

          The area known as the stairway to the second floor of the HiKee Building in the Deadwood Gulch Saloon gaming facility in Deadwood, South Dakota, should properly be a part of Building III instead of Building II based upon new information and evidence, and that the area known as the stairway can be utilized for gaming purposes in Building III assuming compliance with all rules and requirements for such gaming activity; and the Commission does declare and determine that the inner access between Building III and the area known as the stairway and the proposed inner access between the area known as the stairway and Building II will qualify as appropriate openings under the International Building Code and may be protected by water curtains. South Dakota Commission on Gaming Declaratory Ruling dated December 21, 2006.

          The basement floor of the Clark Building constitutes a separate building for purposes of determining the number of gaming devices that can be placed within the Clark Building based upon historical evidence and that 30 devices can be placed in the basement level of such building assuming compliance with the other rules and requirements for gaming activity specifically including compliance with the recommendations of Spencer Ruff as set forth in his letters to Mark Aspaas dated March 1, 2007, Hearing Exhibit 3, and January 3, 2007, Hearing Exhibit 5. The Commission does further declare and determine that the inner access between the basement level and the first level of said building constitutes an appropriate opening under the International Building Code and that the same can be protected by a water curtain. South Dakota Commission on Gaming Declaratory Ruling dated March 26, 2007.

          The plans by Petitioner (Deadwood Resorts LLC) do not meet the definition of a covered mall building including anchor buildings under the 2003 International Building Code as Buildings 1 through 9 should be considered tenant spaces and not anchor buildings. The Commission does further declare and determine that approving Petitioner's plan as proposed would give them an unfair competitive advantage over existing licensed retailed establishments in violation of SDCL 42-7B-2.1(1) in that the openness would provide an opportunity to be more profitable over other existing licensed retail establishments. The Commission does further declare and determine that the proposed Buildings 1 through 9 as seen on Petitioner's plan, Exhibit 1, should all be considered part of the same covered mall and would, therefore, constitute but a single building for purposes of determining the number of gaming devices allowed. South Dakota Commission on Gaming Declaratory Ruling dated December 11, 2007.

          The existing structure known as Pineview Apartment Building located at 25 Lee Street, Deadwood, South Dakota, constitutes two separate and distinct buildings for purposes of determining the number of gaming devices that can be placed within said structures pursuant to SDCL chapter 42-7B and ARSD 20:18 et.seq. and that 30 gaming devices can be placed in each of said buildings, assuming compliance with all other rules and requirements for such gaming activity; and the Commission does further declare and determine that Petitioner's plans for a proposed building at 19 Lee Street, Deadwood, South Dakota, would constitute one separate and distinct building for the purposes of determining the number of gaming devices that can be placed within said structure upon completion pursuant to SDCL chapter 42-7B and ARSD 20:18 et seq. and that 30 gaming devices may be placed in said building upon completion, assuming compliance with all other rules and requirements for such gaming activity; and the Commission does further declare and determine that the openings between the two separate and distinct buildings at 25 Lee Street and the separate proposed structure at 19 Lee Street will not exceed 25 percent of the lineal length of the walls between them and that such openings may be protected by either water curtains or fire doors. South Dakota Commission on Gaming Declaratory Ruling dated June 26, 2008.

          A request for a variance of the inner access requirements between buildings two and three for the Lodge at Deadwood structure to be located at 100 Pine Crest, Deadwood, South Dakota, is granted based upon life safety considerations and that the proposed opening between buildings two and three as set forth in Petitioner's plans attached to the Petition for Declaratory Ruling may be up to eight feet in width. South Dakota Commission on Gaming Declaratory Ruling dated December 13, 2008.

          The plans as proposed by Petitioner for The Lodge of Deadwood structure to be located at 100 Pine Crest, Deadwood, South Dakota, and set forth within their Amended Petition for Hearing dated November 12, 2008, as remanded, constitute 10 separate and distinct buildings for purposes of determining the number of gaming devices that can be placed within said structures pursuant to SDCL chapter 42-7B and ARSD 20:18 et seq., and that 30 gaming devices can be placed in each of said building, assuming compliance with all other rules and requirements for such gaming activity. South Dakota Commission on Gaming Declaratory Ruling dated December 13, 2008.

          Based upon structural evidence of the original construction of Cadillac Jack's Casino, Proposed Gaming Rooms 7 and 8, within the Cadillac Jack's Casino constitute separate and distinct buildings for purposes of determining the number of gaming devices that can be placed within Cadillac Jack's Casino located at 360 Main Street, Deadwood, South Dakota; and

          Thirty devices can be placed in each building assuming compliance with all other rules and requirements for such gaming activity; and

          The inner access between existing building 1 and proposed building 7 and between proposed buildings 7 and 8 qualify as appropriate openings pursuant to ARSD 20:18:25:02 regarding inner access; and

          This Declaratory Ruling is specifically conditioned on the Commission's specific finding that Proposed Building 8 structurally constitutes a building for gaming purposes but that no gaming may be allowed in Proposed Building 8 in its current configuration as a swimming pool and recreation area and that gaming may be allowed in said area in the future only upon Petitioner's compliance with the provisions of SDCL 42-7B-18 including but not limited to identification of the retail floor plan and appropriate approvals. South Dakota Commission on Gaming Declaratory Ruling dated July 1, 2009.

          The Commission on Gaming does hereby declare and determine that based upon historical and structural evidence:

          1.  The building known as the Bodega Bar located at 664 Main Street, Deadwood, South Dakota, constitutes two separate and distinct buildings, front to back, for purposes of determining the number of gaming devices that can be placed within each building and 30 devices can be placed in each building assuming compliance with all other rules and requirements for such gaming activity; and

          2.  The inner access between the front building and the back building at the Bodega Bar constitutes a historical opening and thus qualifies for a variance from the requirements of the International Building code regarding inner access pursuant to ARSD 20:18:25:02 conditioned upon Petitioner installing an appropriate water curtain and decorative wall over the existing decorative partition; and

          3.  Based upon amended Exhibit C, the inner access between the two buildings in the Bodega facility and the adjacent gaming facility in the Buffalo Bar qualify as appropriate inner access pursuant to ARSD 20:18:25:02 and shall be protected with water curtains. South Dakota Commission on Gaming Declaratory Ruling dated September 23, 2009.

          The Commission on Gaming does hereby declare and determine :

          1.  That B. Y. Development, Inc. may alter Building 8 in the manner shown on Exhibit C by enclosing an area within Building 8 to be utilized for gaming purposes; and

          2.  That upon altering Building 8 in the manner shown on Exhibit C, gaming may take place within the enclosed area assuming compliance with all other rules and requirements for such gaming activities pursuant to SDCL Ch. 42-7B and ARSD 20:18; and

          3.  That the inner access Building 7 and Building 8 as set forth on Exhibit C qualifies as appropriate openings pursuant to ARSD 20:18:25:02 regarding inner access. South Dakota Commission on Gaming Declaratory Ruling dated September 26, 2011.

          The Commission on Gaming does hereby declare and determine that: Pai Gow Poker may be authorized for play in casinos in South Dakota as a variation of poker on the condition that the Commission formally promulgate rules for the play of the game of Pai Gow Poker. South Dakota Commission on Gaming dated this 26th day of September, 2011.


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