48:02:02:02.  Individual qualifications must be established. The commission may not grant a video lottery license to an applicant until the commission is satisfied that the individual qualifications of the following persons meet the requirements in SDCL 42-7A-43 and § 48:02:02:01:

          (1)  Each person in whose name the liquor license for the on-sale consumption of alcoholic beverages is issued;

          (2)  Each person associated with a corporate applicant, including any corporate holding, parent, or subsidiary company of the applicant, who in the opinion of the commission has the ability to control the activities of the corporate applicant or elect a majority of the board of directors of that corporation, other than a bank or other licensed lending institution which holds a mortgage or other lien acquired in the ordinary course of business;

          (3)  Each of the following persons associated with a noncorporate applicant:

               (a)  Persons who directly or indirectly hold any beneficial interest or ownership in the applicant; or

               (b)  Persons who in the opinion of the commission have the ability to control the applicant;

          (4)  Key personnel, including any executive, employee, or agent having the power to exercise a significant influence over decisions concerning any part of the applicant's business operation;

          (5)  Employees of an operator or an establishment who are permitted access to cash and a key for entry into a video lottery machine; and

          (6)  Each person qualified or seeking qualifications as a Type I or II technician.

          Source: 16 SDR 27, effective August 18, 1989; 17 SDR 51, effective October 8, 1990; 21 SDR 219, effective June 26, 1995.

          General Authority: SDCL 42-7A-21(7), 42-7A-21(16), 42-7A-43.

          Law Implemented: SDCL 42-7A-21(7), 42-7A-43.