Mass. Gen. Laws ch. 23K, sec. 25 — MA Code / Part I / Title II / Chapter 23K / Section 25
Requirements for the operation and conduct of gaming at a gaming establishment
Status: in_force

Section 25. (a) No gaming licensee shall conduct gaming without an operations certificate issued by the commission. An operations certificate shall only be issued upon compliance with the requirements of this chapter including, but not limited to: (i) implementation of all management controls required by the commission including, without limitation, controls on accounting, wagering and auditing; (ii) implementation of all security precautions required by the commission; (iii) an up-to-date listing of all gaming employees; (iv) licensing or registering of all gaming employees; (v) the provision of office space at the gaming establishment for use by the commission employees; (vi) the hours of operation of the gaming establishment; and (vii) that its personnel and procedures are efficient and prepared to entertain the public. The operations certificate shall be conspicuously posted and shall state the number of slot machines, table games or other authorized games, if applicable. (b) A gaming licensee may operate a gaming establishment from 6:00 a.m. to 5:59 a.m.; provided, however, that the gaming establishment shall register its hours of operation with the commission. (c) Each gaming establishment shall arrange its gaming area in such a manner as to promote optimum security for the gaming establishment operations including, but not limited to: (i) a closed circuit television system according to specifications approved by the commission, with access on the licensed premises to the system or its signal provided to the commission; (ii) rooms or locations approved by the commission for use by commission employees; and (iii) design specifications that ensure that visibility in a gaming area is not obstructed in any way that might interfere with the ability of the commission or the division to supervise gaming establishment operations. (d) Each applicant for a gaming license shall submit to the commission: (i) a description of its minimum system of internal procedures and administrative and accounting controls for gaming and any simulcast wagering operations; (ii) a certification by the applicant's chief legal officer that the submitted procedures conform to this chapter and any regulations promulgated hereunder; and (iii) a certification by the applicant's chief financial officer that the submitted procedures provide adequate and effective controls, establish a consistent overall system of internal procedures and administrative and accounting controls and conform to generally accepted accounting principles and any additional standards required by the commission. Each applicant shall submit the above descriptions and certifications at least 30 business days before such operations are scheduled to commence unless otherwise directed by the commission; provided, however, that no gaming licensee shall commence gaming operations or alter its minimum internal controls until such system of minimum controls is approved by the commission. The commission shall establish regulations for the information required in the internal control submission. Any proposed changes to a gaming licensee's system of internal procedures and controls shall be submitted to the commission along with 2 new certifications from its chief legal and financial officers. If the commission does not object, the gaming licensee may make the proposed changes 15 business days after submitting a description of the changes to the commission. (e) Gaming equipment shall not be possessed, maintained or exhibited by any person on the premises of a gaming establishment except in a gaming area approved by the commission or in a restricted area used for the inspection, repair or storage of such equipment and specifically designated for that purpose provided, however, that this subsection shall not apply to a licensed gaming vendor who operates a warehouse, showroom or sales facility within the commonwealth subject to the approval of the commission. (f) Each gaming establishment shall contain a count room and such other secure facilities as may be required by the commission for the counting and storage of cash, coins, tokens, checks, plaques, gaming vouchers, coupons and other devices or items of value used in wagering and approved by the commission that are received in the conduct of gaming and for the inspection, counting and storage of dice, cards, chips and other representatives of value. (g) A dealer may accept tips or gratuities from a patron at the table game where such dealer is conducting play; provided, however, that such tips or gratuities shall be placed in a pool for distribution among other dealers. The commission shall determine how tips and gratuities shall be set aside for the dealer pool as well as the manner of distribution among dealers. No key gaming employee or any other gaming official who serves in a supervisory position shall solicit or accept a tip or gratuity from a player or patron in the gaming establishment where the employee is employed. (h) No person under the age of 21 shall be permitted to wager or be in a gaming area; provided, however, that a person 18 years or over of age who is a licensed employee of the gaming establishment may be in a gaming area if in the performance of the duties the employee is licensed to undertake; and provided, further, that no gaming licensee or gaming establishment shall authorize or conduct marketing and promotional communications relative to gaming to target persons under the age of 21. (i) No category 1 or category 2 licensee shall operate unless the gaming establishment manager or the manager's designee is on the premises and representatives of the commission are present at the gaming establishment. (j) Each gaming establishment shall file an emergency response plan with the fire department and police department of the host community which shall include, but not be limited to: (i) a layout identifying all areas within the facility and grounds, including support systems and the internal and external access routes; (ii) the location and inventory of emergency response equipment and the contact information of the emergency response coordinator for the gaming establishment; (iii) the location of any hazardous substances and a description of any public health or safety hazards present on site; (iv) a description of any special equipment needed to respond to an emergency at the gaming establishment; (v) an evacuation plan; and (vi) any other information relating to emergency response as requested by the commission, the fire department or the police department of the host community.

Section 25. (a) No gaming licensee shall conduct gaming without an operations certificate issued by the commission. An operations certificate shall only be issued upon compliance with the requirements of this chapter including, but not limited to: (i) implementation of all management controls required by the commission including, without limitation, controls on accounting, wagering and auditing; (ii) implementation of all security precautions required by the commission; (iii) an up-to-date listing of all gaming employees; (iv) licensing or registering of all gaming employees; (v) the provision of office space at the gaming establishment for use by the commission employees; (vi) the hours of operation of the gaming establishment; and (vii) that its personnel and procedures are efficient and prepared to entertain the public. The operations certificate shall be conspicuously posted and shall state the number of slot machines, table games or other authorized games, if applicable.

(b) A gaming licensee may operate a gaming establishment from 6:00 a.m. to 5:59 a.m.; provided, however, that the gaming establishment shall register its hours of operation with the commission.

(c) Each gaming establishment shall arrange its gaming area in such a manner as to promote optimum security for the gaming establishment operations including, but not limited to: (i) a closed circuit television system according to specifications approved by the commission, with access on the licensed premises to the system or its signal provided to the commission; (ii) rooms or locations approved by the commission for use by commission employees; and (iii) design specifications that ensure that visibility in a gaming area is not obstructed in any way that might interfere with the ability of the commission or the division to supervise gaming establishment operations.

(d) Each applicant for a gaming license shall submit to the commission: (i) a description of its minimum system of internal procedures and administrative and accounting controls for gaming and any simulcast wagering operations; (ii) a certification by the applicant's chief legal officer that the submitted procedures conform to this chapter and any regulations promulgated hereunder; and (iii) a certification by the applicant's chief financial officer that the submitted procedures provide adequate and effective controls, establish a consistent overall system of internal procedures and administrative and accounting controls and conform to generally accepted accounting principles and any additional standards required by the commission. Each applicant shall submit the above descriptions and certifications at least 30 business days before such operations are scheduled to commence unless otherwise directed by the commission; provided, however, that no gaming licensee shall commence gaming operations or alter its minimum internal controls until such system of minimum controls is approved by the commission. The commission shall establish regulations for the information required in the internal control submission.

Any proposed changes to a gaming licensee's system of internal procedures and controls shall be submitted to the commission along with 2 new certifications from its chief legal and financial officers. If the commission does not object, the gaming licensee may make the proposed changes 15 business days after submitting a description of the changes to the commission.

(e) Gaming equipment shall not be possessed, maintained or exhibited by any person on the premises of a gaming establishment except in a gaming area approved by the commission or in a restricted area used for the inspection, repair or storage of such equipment and specifically designated for that purpose provided, however, that this subsection shall not apply to a licensed gaming vendor who operates a warehouse, showroom or sales facility within the commonwealth subject to the approval of the commission.

(f) Each gaming establishment shall contain a count room and such other secure facilities as may be required by the commission for the counting and storage of cash, coins, tokens, checks, plaques, gaming vouchers, coupons and other devices or items of value used in wagering and approved by the commission that are received in the conduct of gaming and for the inspection, counting and storage of dice, cards, chips and other representatives of value.

(g) A dealer may accept tips or gratuities from a patron at the table game where such dealer is conducting play; provided, however, that such tips or gratuities shall be placed in a pool for distribution among other dealers. The commission shall determine how tips and gratuities shall be set aside for the dealer pool as well as the manner of distribution among dealers. No key gaming employee or any other gaming official who serves in a supervisory position shall solicit or accept a tip or gratuity from a player or patron in the gaming establishment where the employee is employed.

(h) No person under the age of 21 shall be permitted to wager or be in a gaming area; provided, however, that a person 18 years or over of age who is a licensed employee of the gaming establishment may be in a gaming area if in the performance of the duties the employee is licensed to undertake; and provided, further, that no gaming licensee or gaming establishment shall authorize or conduct marketing and promotional communications relative to gaming to target persons under the age of 21.

(i) No category 1 or category 2 licensee shall operate unless the gaming establishment manager or the manager's designee is on the premises and representatives of the commission are present at the gaming establishment.

(j) Each gaming establishment shall file an emergency response plan with the fire department and police department of the host community which shall include, but not be limited to: (i) a layout identifying all areas within the facility and grounds, including support systems and the internal and external access routes; (ii) the location and inventory of emergency response equipment and the contact information of the emergency response coordinator for the gaming establishment; (iii) the location of any hazardous substances and a description of any public health or safety hazards present on site; (iv) a description of any special equipment needed to respond to an emergency at the gaming establishment; (v) an evacuation plan; and (vi) any other information relating to emergency response as requested by the commission, the fire department or the police department of the host community.