S.D. Comm'n on Gaming v. Johnson (In re Support License #A8365-14-SP)

Summary

The South Dakota Supreme Court reviewed the revocation of Charles Johnson’s gaming support license and his exclusion from South Dakota gaming establishments. The Court held that the Commission on Gaming’s findings that Johnson improperly placed a patron’s chips in a tip box and was dishonest during the investigation were not clearly erroneous. The Court also held that the Commission did not abuse its discretion in imposing the sanctions, reversed the circuit court, and affirmed the Commission’s decision.

Holdings

1. The Commission did not clearly err in finding that Johnson took money belonging to a patron and placed it in the tip box, or in finding that Johnson was dishonest during the subsequent investigation and hearing.
2. The Commission did not abuse its discretion by revoking Johnson's gaming support license and excluding him from all South Dakota gaming establishments.

Questions Presented

1. Whether the Commission erred in finding that Johnson acted dishonestly or fraudulently in placing a patron's chips in the tip box and in making inconsistent statements during the investigation and hearing.
2. Whether the Commission erred in finding that Johnson failed to report an irregularity under ARSD 20:18:33:11.
3. Whether the Commission abused its discretion by revoking Johnson's gaming support license and placing him on the gaming exclusion list.

Disposition

reversed