41-10-7. Issuance of permit--Criteria established--Effective date of certain provisions. If the department is satisfied that all of the following criteria have been established by the applicant:

(1) The applicant for a shooting preserve operating permit proposes to comply with all of the provisions of this chapter and the commission rules promulgated pursuant to this chapter;

(2) The applicant is financially able to provide the necessary facilities and services to operate a shooting preserve;

(3) The preserve shall be open to the general public without restrictions as to race, color, or creed;

(4) The operation will not work a fraud upon persons who are permitted to hunt thereon;

(5) The operation is not designed to circumvent game laws and regulations;

(6) The issuance of the permit will be in the public interest;

(7) The applicant is a resident of the state or, if a business entity, is organized or operating under the laws of the State of South Dakota pursuant to a certificate issued by the Office of the Secretary of State;

(8) The applicant does not operate or own any interest in more than one shooting preserve comprised of a contiguous tract of land of more than one thousand two hundred eighty acres nor more than two shooting preserves each of which are comprised of a contiguous tract of land of one thousand two hundred eighty acres or less; and

(9) The preserve for which an operating permit is requested is at least one mile from any game production area or other publicly owned shooting area, or if located within one mile of such areas, the preserve would not take unfair advantage of wildlife habitat developments or wildlife population existing on those areas, or would not otherwise be detrimental to the public interest;the department shall approve the application and issue a shooting preserve operating permit for the operation of a shooting preserve on the property described in the application with the rights and subject to the limitations prescribed in this chapter and the commission rules promulgated pursuant to this chapter. However, the provisions of subdivisions (7) and (9) of this section do not apply to any shooting preserve licensed pursuant to this chapter, prior to July 1, 1986.

Source: SL 1963, ch 148, § 5; SL 1986, ch 356, § 2; SL 1989, ch 357, § 1; SL 1991, ch 342; SL 1996, ch 253; SL 2005, ch 226, § 6, eff. Mar. 9, 2005; SL 2011, ch 195, § 2.