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.