The South Dakota Lottery Commission recently voted 7-0 to send an official letter to video lottery casinos and city governments that oversee them, demanding they enforce the statewide smoking ban in those businesses. The action follows several complaints to Sioux Falls officials regarding illegal smoking.
Under state law, smoking is banned in businesses that serve or sell alcohol. Video lottery terminals are allowed only in businesses licensed to sell beer, wine or liquor. Cities and counties issue the alcohol licenses.
Sioux Falls Councilman Dean Karsky said last year his city government sent a letter to video lottery establishments regarding the smoking ban, with little effect. “We know it’s occurring in other communities,” he said.
However, Lottery Commission Chairman Chuck Turbiville said, “I’ve not had, or heard of a single complaint in any area other than Sioux Falls.” Lottery Commissioner Doyle Estes also said he was unaware of any local complaints. But he added that the ban should be enforced equally so a casino that overlooks patrons smoking does not gain an advantage over others that follow the law. “I personally am reluctant for us to be the smoke police, but if there are violations that are established by conviction, admission of guilt, it seems to me that sets a basis for us to put a little more crunch in this smoking ban. If we want to enforce the rule, we need to crank up the penalties. Penalize the establishment more than just the individual,” Estes said.
He added the state legislature may need to impose penalties, such as non-renewal of a license, on casino owners who repeatedly violate the smoking ban.
Turbiville said he believes the law allows the lottery commission to fine casino owners and suspend or revoke licenses of any casinos violating the ban. “We don’t want to condone any smoking violations in any of the establishments,” Turbiville said.
Regarding taking away alcohol licenses for non-compliance with the smoking ban, Lottery Commissioner Bob Hartford said, “I would think that would be quite a club the city could use.” But Sioux Falls City Attorney Keith Allenstein said some city officials are reluctant to “go nuclear” and take away a business’s alcohol license.
