Mass. Gen. Laws ch. 23K, sec. 5 — MA Code / Part I / Title II / Chapter 23K / Section 5
Regulations for the implementation, administration and enforcement of chapter
Status: in_force

Section 5. (a) The commission shall promulgate regulations for the implementation, administration and enforcement of this chapter including, without limitation, regulations that: (1) prescribe the method and form of application which an applicant for licensure shall follow and complete before consideration by the commission; (2) prescribe the information to be furnished by an applicant or licensee concerning an applicant or licensee's antecedents, habits, character, associates, criminal record, business activities and financial affairs, past or present; (3) prescribe the criteria for evaluation of the application for a gaming license including, with regard to the proposed gaming establishment, an evaluation of architectural design and concept excellence, integration of the establishment into its surroundings, potential access to multi-modal means of transportation, tourism appeal, level of capital investment committed, financial strength of the applicant and the applicant's financial plan; (4) prescribe the information to be furnished by a gaming licensee relating to the licensee's gaming employees; (5) require fingerprinting of an applicant for a gaming license, a gaming licensee and employees of a gaming licensee or other methods of identification; (6) prescribe the manner and method of collection and payment of assessments and fees and issuance of licenses; (7) prescribe grounds and procedures for the revocation or suspension of a license or registration; (8) require quarterly financial reports and an annual audit prepared by a certified public accountant attesting to the financial condition of a gaming licensee and disclosing whether the accounts, records and control procedures examined are maintained by the gaming licensee as required by this chapter and the regulations promulgated by the commission; (9) prescribe the minimum procedures for effective control over the internal fiscal affairs of a gaming licensee, including provisions for the safeguarding of assets and revenues, the recording of cash and evidence of indebtedness and the maintenance of reliable records, accounts and reports of transactions, operations and events, including reports by the commission; (10) provide for a minimum uniform standard of accounting procedures; (11) establish licensure and work permits for employees working at the gaming establishment and minimum training requirements; provided, however, that the commission may establish certification procedures for any training schools and the minimum requirements for reciprocal licensing for out-of-state gaming employees; (12) require that all gaming establishment employees be properly trained in their respective professions; (13) prescribe the conduct of junkets and conditions of junket agreements between gaming licensees and junket representatives; (14) provide for the interim authorization of a gaming establishment under this chapter; (15) develop standards for monitoring and enforcing a gaming licensee's agreement with impacted live entertainment venues; (16) establish procedures and ensure compliance with the timelines for making the capital investments required under this chapter; (17) require the posting of payback statistics of slot machines played in a gaming establishment; and (18) establish security procedures for ensuring the safety of minors on the premises of a gaming establishment. (b) The commission may, pursuant to section 2 of chapter 30A, promulgate, amend or repeal any regulation promulgated under this chapter as an emergency regulation if such regulation is necessary to protect the interests of the commonwealth in regulating a gaming establishment.

Section 5. (a) The commission shall promulgate regulations for the implementation, administration and enforcement of this chapter including, without limitation, regulations that:

(1) prescribe the method and form of application which an applicant for licensure shall follow and complete before consideration by the commission;

(2) prescribe the information to be furnished by an applicant or licensee concerning an applicant or licensee's antecedents, habits, character, associates, criminal record, business activities and financial affairs, past or present;

(3) prescribe the criteria for evaluation of the application for a gaming license including, with regard to the proposed gaming establishment, an evaluation of architectural design and concept excellence, integration of the establishment into its surroundings, potential access to multi-modal means of transportation, tourism appeal, level of capital investment committed, financial strength of the applicant and the applicant's financial plan;

(4) prescribe the information to be furnished by a gaming licensee relating to the licensee's gaming employees;

(5) require fingerprinting of an applicant for a gaming license, a gaming licensee and employees of a gaming licensee or other methods of identification;

(6) prescribe the manner and method of collection and payment of assessments and fees and issuance of licenses;

(7) prescribe grounds and procedures for the revocation or suspension of a license or registration;

(8) require quarterly financial reports and an annual audit prepared by a certified public accountant attesting to the financial condition of a gaming licensee and disclosing whether the accounts, records and control procedures examined are maintained by the gaming licensee as required by this chapter and the regulations promulgated by the commission;

(9) prescribe the minimum procedures for effective control over the internal fiscal affairs of a gaming licensee, including provisions for the safeguarding of assets and revenues, the recording of cash and evidence of indebtedness and the maintenance of reliable records, accounts and reports of transactions, operations and events, including reports by the commission;

(10) provide for a minimum uniform standard of accounting procedures;

(11) establish licensure and work permits for employees working at the gaming establishment and minimum training requirements; provided, however, that the commission may establish certification procedures for any training schools and the minimum requirements for reciprocal licensing for out-of-state gaming employees;

(12) require that all gaming establishment employees be properly trained in their respective professions;

(13) prescribe the conduct of junkets and conditions of junket agreements between gaming licensees and junket representatives;

(14) provide for the interim authorization of a gaming establishment under this chapter;

(15) develop standards for monitoring and enforcing a gaming licensee's agreement with impacted live entertainment venues;

(16) establish procedures and ensure compliance with the timelines for making the capital investments required under this chapter;

(17) require the posting of payback statistics of slot machines played in a gaming establishment; and

(18) establish security procedures for ensuring the safety of minors on the premises of a gaming establishment.

(b) The commission may, pursuant to section 2 of chapter 30A, promulgate, amend or repeal any regulation promulgated under this chapter as an emergency regulation if such regulation is necessary to protect the interests of the commonwealth in regulating a gaming establishment.