The executive secretary under the direction of the commission may conduct a review of every building licensed by the Commission on Gaming to determine if the buildings meet the following standards:

1. (1) Electrical installations in chapter 20:44:05;
2. (2) The state plumbing code in article 20:54;
3. (3) Safety requirements for boilers found in chapter 61:08:05;
4. (4) The fire safety standards found in chapter 61:15:01;
5. (5) The handicapped accessibility standards set forth in SDCL 5-14-12 and 5-14-13; and

6. (6) Safety glazing standards established by SDCL 34-28-5 to 34-28-7, inclusive.

   The executive secretary may consult with boards, commissions, and persons as the executive secretary considers necessary, including state agencies, to determine compliance with the safety provisions of this section.

   If a licensee is found to have a building that does not meet one or more of the standards set forth in this section, the commission may adopt a resolution ordering compliance by a certain date. The commission may place special conditions on a license or a renewal of a license to enforce its resolution. Failure to comply with the resolution or to meet the conditions imposed by the commission is grounds for revocation of the license.

   A licensee may contest the resolution adopted by the commission, and the commission shall grant the licensee a hearing. The hearing is a contested case under SDCL 1-26.

Source: 16 SDR 233, effective July 1, 1990.

General Authority: SDCL 42-7B-7.

Law Implemented: SDCL 42-7B-2.1 , 42-7B-3 , 42-7B-4 , 42-7B-7 , 42-7B-11 , 42-7B-18 , 42-7B-19.