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Rule 48:01:05 INSTANT LOTTERY TICKET SALES ON INDIAN RESERVATIONS

CHAPTER 48:01:05

INSTANT LOTTERY TICKET SALES ON INDIAN RESERVATIONS

Section

48:01:05:01        Sale of instant game tickets on Indian reservations authorized.

48:01:05:02        Payment to tribal governments.

48:01:05:03        Accounting records made available.

48:01:05:04        Transfer of funds.

48:01:05:05        Retailer's license application and renewal on Indian reservations -- Fee.

48:01:05:06        Communication fees and credits.



Rule 48:01:05:01 Sale of instant game tickets on Indian reservations authorized.

          48:01:05:01.  Sale of instant game tickets on Indian reservations authorized. Lottery tickets for instant games may be sold within the exterior boundaries of Indian reservations in the state. The sale and distribution of instant game tickets is subject to the provisions of SDCL chapter 42-7A and this article and the terms of the compacts made between the respective tribal governments and the state pursuant to the authority contained in the federal Indian Gaming Regulatory Act, 25 U.S.C. § 2710(3)(A) (1988).

          Source: 17 SDR 51, effective October 8, 1990.

          General Authority: SDCL 42-7A-19.1, 42-7A-21, 42-7A-49.

          Law Implemented: SDCL 42-7A-19.1.

          Note: Executed state-tribal compacts under the federal Indian Gaming Regulatory Act are filed with the Secretary of State.



Rule 48:01:05:02 Payment to tribal governments.

          48:01:05:02.  Payment to tribal governments. The lottery shall pay each tribal government 50 percent of the state's net proceeds as defined in SDCL 42-7A-24 from the sale of instant lottery tickets within the exterior boundaries of its reservation.

          Source: 17 SDR 51, effective October 8, 1990.

          General Authority: SDCL 42-7A-19.1, 42-7A-21, 42-7A-49.

          Law Implemented: SDCL 42-7A-19.1.



Rule 48:01:05:03 Accounting records made available.

          48:01:05:03.  Accounting records made available. The lottery shall make available to each tribal government an accounting of instant lottery ticket sales within the exterior boundaries of its reservation. The lottery shall remit to the tribal governments only the funds specified in § 48:01:05:02. The lottery shall hold the funds in an escrow account on behalf of the respective tribal governments and transfer them each year in accordance with the provisions of SDCL 42-7A-24.

          Source: 17 SDR 51, effective October 8, 1990.

          General Authority: SDCL 42-7A-21, 42-7A-49.

          Law Implemented: SDCL 42-7A-19.1, 42-7A-24.



Rule 48:01:05:04 Transfer of funds.

          48:01:05:04.  Transfer of funds. The lottery shall transfer funds from the sale of instant lottery tickets held in escrow beginning July 1, 1989, to the person or entity designated in the agreement negotiated between each tribal government and the state under § 48:01:05:01.

          Source: 17 SDR 51, effective October 8, 1990.

          General Authority: SDCL 42-7A-19.1, 42-7A-21, 42-7A-49.

          Law Implemented: SDCL 42-7A-19.1.

          Note:  Executed state-tribal compacts under the federal Indian Gaming Regulatory Act are filed with the Secretary of State.



Rule 48:01:05:05 Retailer's license application and renewal on Indian reservations -- Fee.

          48:01:05:05.  Retailer's license application and renewal on Indian reservations -- Fee. Any person selling instant tickets within the exterior boundaries of an Indian reservation in the state must be licensed. The application fee for a person applying to be licensed as instant game ticket retailer if $1,200 per location. If a license is not awarded, the executive director may return all or a portion of the application fee. However, no fee may be refunded after the date any lottery equipment is installed at the retailer's location. A retailer's license shall be renewed annually on October 30. The annual renewal fee is $150, which is waived in the first year the license is issued.

 

          Source: 36 SDR 215, effective July 1, 2010.

          General Authority: SDCL 42-7A-4(1) and (4), 42-7A-11, 42-7A-19.1, 42-7A-21(7), (16), and (17), 42-7A-49.

          Law Implemented: SDCL 42-7A-4(1) and (4), 42-7A-11, 42-7A-19.1, 42-7A-21(7), (16), and (17).

 



Rule 48:01:05:06 Communication fees and credits.

          48:01:05:06.  Communication fees and credits. A retailer selling instant tickets within the exterior boundaries of Indian reservations in the state shall be assessed a weekly charge of $12.93 for communication fees. Any retailer selling $5,000 or more in instant tickets in a single quarter shall be credited 13 weeks of communication fees ($168.09) at the end of that quarter. A retailer who is part of a chain in which the chain's per store average if $6,000 or more in instant ticket sales in a single quarter shall be credited 13 weeks of communication fees ($168.09) at the end of the quarter.

 

          Any retailer licensed prior to July 1, 2010, is exempt from the communications fees established by this section.

 

          Source: 36 SDR 215, effective July 1, 2010.

          General Authority: SDCL 42-7A-4(1) and (4), 42-7A-19.1, 42-7A-21(7), (8), and (17), 42-7A-49.

          Law Implemented: SDCL 42-7A-4(1) and (4), 42-7A-10, 42-7A-11, 42-7A-19.1, 42-7A-21(7), (8), and (17), 42-7A-22.

 

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