CHAPTER 22-25
GAMBLING AND LOTTERIES
22-25-1 Gambling defined--Keeping gambling establishment--Letting building for gambling—Violation as misdemeanor.
22-25-2 22-25-2. Repealed by SL 1976, ch 158, § 25-10
22-25-3 22-25-3. Repealed by SL 2005, ch 120, § 285, eff. July 1, 2006.
22-25-4 22-25-4, 22-25-5. Repealed by SL 1976, ch 158, § 25-10
22-25-6 Unlawful betting on animal races as common nuisance--Petty offense.
22-25-7 22-25-7 to 22-25-12. Repealed by SL 1976, ch 158, § 25-10
22-25-13 Keeping slot machines--Free play machines excepted--Misdemeanor--Manufacture not prohibited.
22-25-14 Slot machine and premises public nuisance--Manufacture not prohibited.
22-25-14.1 Antique slot machine operated for nongambling purposes as defense--Preservation and return of antique machines.
22-25-15 22-25-15 to 22-25-18. Repealed by SL 1973, ch 149, § 6
22-25-19 22-25-19, 22-25-20. Repealed by SL 1976, ch 158, § 25-10
22-25-21 22-25-21. Repealed by SL 1973, ch 149, § 6
22-25-22 22-25-22. Repealed by SL 1976, ch 158, § 25-10
22-25-23 Bingo defined.
22-25-24 Lottery defined.
22-25-25 Bingo and lotteries permitted for restricted purposes--Conditions.
22-25-25.1 Congressionally chartered veterans' organization defined.
22-25-26 Unauthorized bingo or lottery as misdemeanor.
22-25-27 Provision of chapter not applicable to state lottery.
22-25-28 Distributor defined--Exemption for rental of noncommercial use.
22-25-29 Manufacturer defined.
22-25-30 Repealed.
22-25-31 Repealed.
22-25-32 Certain organizations not to be distributors or manufacturers.
22-25-33 Certain persons not to have interest in distributorship or manufacturer.
22-25-34 Additional persons who may not have interest in distributorship or manufacturer.
22-25-35 Distributors, manufacturers, and persons with interest therein not to lease premises to organizations conducting bingo or lotteries.
22-25-36 Repealed.
22-25-37 Repealed.
22-25-38 Repealed.
22-25-39 Sales to out-of-state customers.
22-25-40 Delivery of equipment and supplies sold for in-state use.
22-25-41 Sale of coin-operated machines and mechanical pull-tab dispensing devices prohibited--Exceptions.
22-25-42 Separate statement of rebates and discounts.
22-25-43 Limit on gifts, premiums, and prizes from distributors and manufacturers.
22-25-44 Use of deal of pull-tabs as sales promotion.
22-25-45 Return of equipment, supplies, and pull-tabs--Recordation of transaction.
22-25-46 Requirements for deal of pull-tabs.
22-25-47 Numbering of disposable bingo cards.
22-25-48 Repealed.
22-25-48 Tax imposed on distributors--Payment.
22-25-49 Repealed.
22-25-50 Violation as misdemeanor--Second or subsequent violation as felony.
22-25-51 Repealed.
22-25-52 Maximum duration of lottery--Refund of ticket price--Remittance of unclaimed refund--Deceptive trade practice.
22-25-1. Gambling defined--Keeping gambling establishment--Letting building for gambling—Violation as misdemeanor.
Any person who places or accepts a wager on a sporting event or engages in gambling in any form with cards, dice, or other implements or devices of any kind wherein anything valuable is wagered upon the outcome, or who keeps any establishment, place, equipment, or apparatus for such gambling or any agents or employees for such purpose, or any person who knowingly lets any establishment, structure, place, equipment, or apparatus for such gambling is guilty of a Class 2 misdemeanor.
This section does not apply to any gaming within a licensed gaming establishment in the city of Deadwood which is conducted by an operator or route operator that is licensed pursuant to chapter 42-7B.
Source: SDC 1939, § 24.9903; SL 1976, ch 158, § 25-1; SL 2021, ch 189, § 23.
22-25-6. Unlawful betting on animal races as common nuisance--Petty offense.
All racing or trials of speed between horses or other animals for any bet, stake, or reward, except such as is specifically authorized by law is a common nuisance. A violation of this section is a petty offense.
Source: SDC 1939, §§ 24.0301, 24.9911; SL 1976, ch 158, § 25-3.
22-25-13. Keeping slot machines--Free play machines excepted--Misdemeanor--Manufacture not prohibited.
No person may have in his possession, custody, or under his control or permit to be kept in any place under his possession or control, any slot machine or device. A slot machine or device is any machine upon the action of which anything of value is staked and which is operated by placing therein or thereon any coins, checks, slugs, balls, chips, tokens, or other articles, or in any other manner as a result of such operation anything of value is won or lost by the operation of such machine, when the result of such operation is dependent upon chance. This section does not extend to coin-operated nonpayout pin tables and arcade amusements, with free play features. A violation of this section is a Class 1 misdemeanor.
This section does not prohibit the manufacture, or any act appurtenant to the manufacture, of slot machines or devices in this state for distribution and sale.
Source: SDC 1939, §§ 24.0204, 24.9909; SL 1974, ch 166; SL 1976, ch 158, § 25-4; SL 1989, ch 197, § 1.
22-25-14. Slot machine and premises public nuisance--Manufacture not prohibited.
All slot machines capable of being used for gambling and places where they are kept or operated together with all property of any kind kept or used in connection with operation of the same, are hereby declared to be public nuisances.
This section does not prohibit the manufacture, or any act appurtenant to the manufacture, of slot machines, or devices in this state for distribution and sale.
Source: SDC 1939, § 24.0205; SL 1989, ch 197, § 2.
22-25-14.1. Antique slot machine operated for nongambling purposes as defense--Preservation and return of antique machines.
It is a defense to any prosecution under §§ 22-25-13 and 22-25-14 if the defendant shows that the slot machine is an antique slot machine and was not operated for gambling purposes while in the defendant's possession. For the purposes of this section, a slot machine shall be conclusively presumed an antique slot machine if it is twenty-five or more years old. Whenever such defense is offered, no slot machine seized from any defendant may be destroyed or otherwise altered until after a final court determination including review upon appeal, if any, that such defense is not applicable. If the defense is applicable, any such slot machine shall be returned pursuant to provisions of law providing for the return of property. It is the purpose of this section to protect the collection and restoration of antique slot machines not presently utilized for gambling purposes because of their esthetic interest and importance in South Dakota history.
Source: SL 1977, ch 191; SL 1994, ch 168.
22-25-23. Bingo defined.
As used in this chapter, the term, bingo, is that game in which each player is supplied a card, board, or electronic bingo device containing five adjoining horizontal and vertical rows with five spaces in each row each containing a number or figure therein, except for the central row with four spaces, each containing a number or figure therein and the word, free, marked in the center space thereof. Upon announcement by the person conducting the game of any number or figure appearing on the player's card, board, or electronic bingo device, the space containing the figure or number is covered by the player. If the player covers all five spaces in any horizontal or vertical row, covers four spaces and the free space in a five space diagonal row, or covers the required combination of spaces in some other preannounced pattern or arrangement, the combination of spaces covered constitutes bingo. The player to first announce bingo is awarded money, merchandise, or some other consideration by the person conducting the game. For purposes of this section, an electronic bingo device does not include any device which may be activated for play by a player inserting coins, tokens, tickets, vouchers, or similar objects of value or which is capable of dispensing coins, tokens, vouchers, tickets, or any similar object of value.
Source: SL 1970, ch 247, § 2; SL 1973, ch 149, § 2; SL 1976, ch 158, § 25-6; SL 2009, ch 118, § 1.
22-25-24. Lottery defined.
As used in this chapter, lottery or lotteries means a plan whereby for a valuable consideration money is raised by selling chances to share in the distribution of prizes.
Source: SL 1970, ch 247, § 3; SL 1973, ch 149, § 3; SL 1976, ch 158, § 25-7.
22-25-25. Bingo and lotteries permitted for restricted purposes--Conditions.
The game, bingo, as defined in § 22-25-23, or lottery, as defined in § 22-25-24, may not be construed as gambling or as a lottery within the meaning of § 22-25-1, if:
(1) The bingo game or lottery is conducted by a bona fide congressionally chartered veterans' organization; a religious, charitable, educational, or fraternal organization; a local civic or service club; a political party; a volunteer fire department; a local industrial development corporation as defined in § 5-14-23; or a political action committee or political committee on behalf of any candidate for a political office which exists under the laws of the State of South Dakota;
(2) The proceeds therefrom do not inure to the benefit of any individual;
(3) No separate organization or professional person is employed to conduct the bingo game or lottery or assist therein;
(4) No compensation of any kind in excess of the state minimum wage per hour or sixty dollars, whichever is greater, in value is paid to any person for services rendered during any bingo session in connection with the conduct of the bingo game or in consideration of any lottery. However, the provisions of this subdivision do not apply to games or lotteries conducted in connection with any of the following events: a county fair conducted pursuant to § 7-27-3, the state fair conducted pursuant to chapter 1-21, or a civic celebration recognized by resolution or other similar official action of the governing body of a county, municipality, or village;
(5) No prize in excess of two thousand dollars is awarded at any one play of bingo;
(6) The actual value of any lottery prize is stated before any chances for the lottery are sold. A lottery prize of a stated amount of dollars in value may be given to a person who sells a winning lottery ticket or share as long as the winning lottery ticket or share is selected at random;
(7) The organizations authorized under subdivision (1) of this section, before conducting a bingo game or before selling any chances for a lottery, give thirty days' written notice of the time and place thereof to the governing body or designated administrative official of the county or municipality in which it intends to conduct the bingo game or lottery, and the governing body does not pass a resolution objecting thereto. However, any organization that conducts a lottery and sells tickets or shares for the lottery state-wide shall provide written notice of the lottery pursuant to this subdivision only to the secretary of state and to the governing body where the drawing for the lottery is held. A municipality pursuant to § 9-29-5 may by ordinance prohibit within the municipality the sale of lottery tickets or shares for the lottery issued pursuant to this section; and
(8) No organization authorized to conduct a bingo game or lottery under subdivision (1) of this section may enter into any lease or agreement with any other person or organization to provide equipment or services associated with the conduct of a bingo game or lottery. However, this subdivision does not apply to any lease or agreement with a distributor to provide bingo or lottery equipment and supplies.
Source: SL 1970, ch 247, § 4 (1); SL 1973, ch 149, § 4; SL 1976, ch 158, § 25-8; SL 1984, ch 168; SL 1985, ch 184; SL 1987, ch 167; SL 1989, ch 198, § 1; SL 1991, ch 191; SL 1991, ch 192; SL 1992, ch 60, § 2; SL 2001, ch 113, § 1; SL 2006, ch 127, § 1; SL 2010, ch 122, § 1; SL 2013, ch 109, § 1; SL 2022, ch 66, § 1.
22-25-25.1. Congressionally chartered veterans' organization defined.
Any veterans' organization which has applied for a congressional charter prior to July 1, 1989, shall be deemed a congressionally chartered veterans' organization pursuant to § 22-25-25 until such application is denied or until July 1, 1995, whichever occurs first.
Source: SL 1989, ch 198, § 2.
22-25-26. Unauthorized bingo or lottery as misdemeanor.
Any person who conducts bingo or lottery in violation of § 22-25-25 is guilty of a Class 2 misdemeanor.
Source: SL 1970, ch 247, § 4 (2); SL 1973, ch 149, § 5; SL 1976, ch 158, § 25-9.
22-25-27. Provision of chapter not applicable to state lottery.
The provisions of this chapter do not apply to a lottery owned and operated by this state.
Source: SL 1987, ch 313, § 40.
22-25-28. Distributor defined--Exemption for rental of noncommercial use.
For the purpose of this chapter, a distributor is any person who purchases bingo or lottery equipment or supplies from a manufacturer and sells, offers for sale, or otherwise furnishes bingo or lottery equipment or supplies in this state, excluding any person who rents bingo equipment to another for noncommercial recreational use. For the purposes of this section, the term, noncommercial recreational use, means games played for amusement only, not for gain or profit, and not conducted by any person or organization which receives compensation for sponsoring or operating bingo games.
Source: SL 1988, ch 188, § 1; SL 1991, ch 193; SL 2022, ch 66, § 2.
22-25-29. Manufacturer defined.
For the purpose of this chapter, a manufacturer is any person who assembles from raw materials or subparts completed pieces of bingo or lottery equipment or supplies.
Source: SL 1988, ch 188, § 1A; SL 2022, ch 66, § 3.
22-25-30. Repealed.
Source: SL 1988, ch 188, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2022, ch 66, § 4.
22-25-32. Certain organizations not to be distributors or manufacturers.
No organization that conducts bingo or lotteries under the provisions of § 22-25-25 may be a distributor or manufacturer.
Source: SL 1988, ch 188, § 4.
22-25-33. Certain persons not to have interest in distributorship or manufacturer.
No person who is an officer, director, manager, or gambling manager of any organization conducting bingo or lotteries under the provisions of § 22-25-25 may be an officer, director, shareholder, directly or indirectly, proprietor, or employee of a distributorship or manufacturer, nor may the person have any direct or indirect financial interest in such distributorship or in such manufacturer.
Source: SL 1988, ch 188, § 5.
22-25-34. Additional persons who may not have interest in distributorship or manufacturer.
No person who is an officer, director, shareholder, directly or indirectly, partner, or proprietor of a wholesale alcoholic beverage distributorship may be an officer, director, shareholder, partner, proprietor, or employee of a distributorship or manufacturer, nor may the person have any direct or indirect financial interest in the distributorship or in such manufacturer.
Source: SL 1988, ch 188, § 6.
22-25-35. Distributors, manufacturers, and persons with interest therein not to lease premises to organizations conducting bingo or lotteries.
No distributor, manufacturer, or person having a direct or indirect financial interest in a distributorship or in such manufacturer may be a lessor of premises, directly or indirectly, to an organization conducting bingo or lotteries.
Source: SL 1988, ch 188, § 7.
22-25-39. Sales to out-of-state customers.
Bingo or lottery equipment and supplies sold by distributors to out-of-state customers for use out of state shall either be shipped to the out-of-state site or the distributor shall verify that the purchaser is from out of state.
Source: SL 1988, ch 188, § 11.
22-25-40. Delivery of equipment and supplies sold for in-state use.
Bingo or lottery equipment and supplies, sold for in-state use shall be delivered to the purchaser's address or his authorized representative.
Source: SL 1988, ch 188, § 12.
22-25-41. Sale of coin-operated machines and mechanical pull-tab dispensing devices prohibited--Exceptions.
No coin-operated machine or mechanical pull-tab dispensing device may be sold or otherwise furnished to any organization in this state by a distributor or manufacturer. However, a distributor or manufacturer may sell or furnish a coin or bill operated mechanical pull-tab dispensing device if the device is only sold or furnished to and only used by a fraternal or charitable organization, local civic or service club, volunteer fire department, or a congressionally chartered veteran's organization that qualifies under § 22-25-25.1.
Source: SL 1988, ch 188, § 13; SL 1994, ch 169; SL 2004, ch 156, § 1; SL 2012, ch 129, § 1; SL 2022, ch 66, § 9.
22-25-42. Separate statement of rebates and discounts.
Rebates of purchase prices or discounts allowed by a distributor or manufacturer shall be separately stated on the original purchase invoice or separately invoiced on a credit memo referenced to the original sales invoice.
Source: SL 1988, ch 188, § 14.
22-25-43. Limit on gifts, premiums, and prizes from distributors and manufacturers.
No distributor or manufacturer may directly or indirectly give gifts, trips, prizes, loans of money, excluding credit, premiums, or other gratuities to qualified organizations or distributors, or their employees, other than nominal gifts, premiums, or prizes not to exceed a value of twenty-five dollars per organization or distributor, including employees, in a calendar year.
Source: SL 1988, ch 188, § 15.
22-25-44. Use of deal of pull-tabs as sales promotion.
No distributor or manufacturer may use as a sales promotion any statement, demonstration, or implication that any certain portion of a deal of pull-tabs contains more winners than other portions of the deal or that any deal of pull-tabs may be sold by the organization in a particular manner that would give the organization any advantage in selling more of the pull-tabs before having to pay out winners.
Source: SL 1988, ch 188, § 16.
22-25-45. Return of equipment, supplies, and pull-tabs--Recordation of transaction.
No distributor or manufacturer may sell, issue, or accept returned bingo or lottery equipment and supplies or pull-tabs to or from an organization without first recording the transaction on a sales invoice.
Source: SL 1988, ch 188, § 17.
22-25-46. Requirements for deal of pull-tabs.
No distributor or manufacturer may knowingly possess, display, put out for play, sell, or otherwise furnish to any person or organization any deal of pull-tabs:
(1) In which the winning pull-tabs have not been completely and randomly distributed and mixed among all other pull-tabs in the deal;
(2) In which the location, or approximate location, of any of the winning pull-tabs can be determined in advance of opening the pull-tabs in any manner or by any device, including but not limited to, any pattern in the manufacture, assembly, or packaging of the pull-tabs by the manufacturer, by any marking on the pull-tabs or by the use of a light;
(3) Which does not conform in any respect to the requirements of this section, as to assembly, or packaging of pull-tabs;
(4) In which each individual pull-tab manufactured does not conspicuously set forth on it the name of the manufacturer or a label or trademark which identifies its manufacturer.
Source: SL 1988, ch 188, § 18.
22-25-47. Numbering of disposable bingo cards.
Each set of disposable bingo cards shall be consecutively numbered from the first card to the last card, or from the first sheet of cards to the last sheet of cards, or be consecutively numbered through the set. Each card or sheet shall have printed on its face both its individual card or sheet number, and the series number assigned by the manufacturer to the set of disposable bingo cards.
Source: SL 1988, ch 188, § 19.
22-25-48. Repealed.
Source: SL 1988, ch 188, § 20; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2022, ch 66, § 10.
22-25-50. Violation as misdemeanor--Second or subsequent violation as felony.
Any person who violates any provision of §§ 22-25-32 to 22-25-35, inclusive, or 22-25-39 to 22-35-47, inclusive, is guilty of a Class 1 misdemeanor. Any person convicted of a second or subsequent violation of the provisions of §§ 22-25-32 to 22-25-35, inclusive, or 22-25-39 to 22-35-47, inclusive, is guilty of a Class 6 felony.
Source: SL 1988, ch 188, § 22; SL 2022, ch 66, § 12.
22-25-52. Maximum duration of lottery--Refund of ticket price--Remittance of unclaimed refund--Deceptive trade practice.
No lottery may continue for longer than eighteen months after the date on which the first ticket is sold. If an organization determines that a drawing cannot be held within eighteen months, the organization shall within thirty days notify all purchasers that the lottery cannot be completed or prize awarded, and that each purchaser is entitled to a full refund of the ticket price upon the submission of a request for refund. If a purchaser fails to contact the organization and request a refund within one hundred eighty days after the notice was given, the organization shall remit the unclaimed refund amount to the Office of State Treasurer as unclaimed property pursuant to chapter 43-41B.
A violation of the provisions of this section constitutes a deceptive act or practice pursuant to the provisions of § 37-24-6.
Source: SL 2015, ch 133, § 1.
