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In South Dakota you can now smoke and play video lottery

South DakotaSouth Dakota: In South Dakota you can now smoke and play video lottery
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PIERRE, S.D. — South Dakota video lottery terminals can be placed in vented smoke shacks that some bar owners have built onto their establishments, according to several state administration officials.

An administrative policy now being followed by the South Dakota Lottery allows smoking at a video lottery establishment if it occurs in a non-enclosed area.

South Dakota voters ratified a state law in 2010 that banned smoking in public places, including bars, restaurants and gambling establishments.

But the lottery's policy rests in the law's definition of a public place.

It says a public place is "any space between a floor and a ceiling that is enclosed, exclusive of doorways, on all sides by permanent or temporary walls or windows."

The smoke shacks attached to bars and casinos aren't considered by lottery officials as public places under the law if they have at least a strip of open space for air to circulate.

Business people can put video lottery terminals in the smoke shacks at their own risk, according to state Lottery executive director Norm Lingle.

Lingle and his supervisor, state Revenue Secretary Andy Gerlach, talked about their administrative policy during a recent meeting with the South Dakota Lottery Commission.

Gerlach said decisions about how to treat smoke shacks now rest with local governments that issue the alcohol licenses.

Video lottery terminals are allowed only in licensed establishments that can sell alcohol for on-site consumption.

State Attorney General Marty Jackley said lottery officials didn't seek a legal opinion from his office about the smoke-shack policy and he hasn't issued one.

Gerlach said a business could move the terminals into smoke shacks and later remove them, so long as the data connection remained with the lottery's central computer.

Whether a business could place a video lottery terminal on a patio without any walls around it isn't clear, according to Gerlach.

He said the terminal must be in a place where alcohol is routinely served.

There have been questions raised in a variety of communities across South Dakota, including Watertown, Mitchell, Rapid City and Sioux Falls.

The Legislature, in passing the 2009 law, specifically repealed the previous exemption that allowed smoking in video lottery establishments.

The 2009 ban also continues to provide a limited exemption for cigar bars. There were two operating at the time. The law didn't allow for opening additional cigar bars.

Tobacco retail shops also are protected from the smoking ban but they are prohibited from holding alcohol licenses for on-site consumption.

Voters approved the smoking ban 204,160 to 113,011 at the 2010 general election.

Video lottery play dropped sharply after the smoking ban took effect and still hasn't regained its pre-2010 level.

Lingle told lottery commission members there aren't state laws or rules for placement of video lottery terminals other than within the boundaries of the alcohol license.

If an owner wants to risk the terminal by exposing it to the outdoor elements, Lingle said, "That is their decision."

Jennifer Stalley of Pierre was at the center of the lobbying effort seven years ago for the smoking ban. She said the definition of an enclosed structure could be tightened in state law to further enforce the ban.

"I don't think it would take a lot to correct that in the Legislature," Stalley said.

The health risk might be the deciding factor, she suggested.

"I think it is pretty clear employees should not be subjected to smoke," Stalley said. "At the end of the day, the trial lawyers may take care of this."

Tony Venhuizen, Gov. Dennis Daugaard's chief of staff, deferred questions about the smoke-shack policy to Revenue Department lawyers.

The lottery's new policy wasn't mentioned in an April 30 memo sent to all video business businesses, local government officials and law enforcement.

Rapid City Journal

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7 comments. Last comment 6 months ago by jjtheprince.
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LiveInGreenBay's avatar - driver
Green Bay
United States
Member #169391
October 15, 2015
1246 Posts
Offline
Posted: June 7, 2016, 10:05 am - IP Logged

Hmmm....Drink, smoke and play video lottery.  The only thing missing is sex.

Never give up.  Banana

    music*'s avatar - nw bookeep.jpg
    Happy California
    United States
    Member #157856
    August 2, 2014
    1522 Posts
    Offline
    Posted: June 7, 2016, 2:08 pm - IP Logged

     Are these Video Lottery Terminals the same as the ones where you can play poker and other slot machine games? 

     I will continue to support Mega Millions and Power Ball. While I am not smoking. Cheers

     I've been rich and I've been poor. Believe me, rich is better. 

     Attributed to Joe E. Lewis and others

      weshar75's avatar - Lottery-042.jpg
      Mcminnville, Oregon
      United States
      Member #3013
      December 13, 2003
      3052 Posts
      Offline
      Posted: June 7, 2016, 8:01 pm - IP Logged

       Are these Video Lottery Terminals the same as the ones where you can play poker and other slot machine games? 

       I will continue to support Mega Millions and Power Ball. While I am not smoking. Cheers

      Oregon has vlt's and you can play video poker and other casino style games on them for money music!-weshar75

      US Flag

        sully16's avatar - sharan
        Ringleader
        Michigan
        United States
        Member #81740
        October 28, 2009
        40550 Posts
        Offline
        Posted: June 8, 2016, 8:15 am - IP Logged

        Hmmm....Drink, smoke and play video lottery.  The only thing missing is sex.

        Go look out back behind the dumpster.Green laugh

        Did you exchange a walk on part in the war ?

        For a lead role in a cage?

         

                                                    From Pink Floyd's " Wish you were here"

          LiveInGreenBay's avatar - driver
          Green Bay
          United States
          Member #169391
          October 15, 2015
          1246 Posts
          Offline
          Posted: June 8, 2016, 9:43 am - IP Logged

          Go look out back behind the dumpster.Green laugh

          OK.  Big Smile

          Never give up.  Banana

            sully16's avatar - sharan
            Ringleader
            Michigan
            United States
            Member #81740
            October 28, 2009
            40550 Posts
            Offline
            Posted: June 8, 2016, 10:18 am - IP Logged

            OK.  Big Smile

            lol Coffee

            Did you exchange a walk on part in the war ?

            For a lead role in a cage?

             

                                                        From Pink Floyd's " Wish you were here"


              United States
              Member #106134
              February 13, 2011
              806 Posts
              Offline
              Posted: June 8, 2016, 4:07 pm - IP Logged

              Who cares anyway if it's not legal marijuana! LOL