reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 218.00 - General Sports Wagering Application Requirements, Standards, and Procedures › Section 218.07 - Sports Wagering License Determinations

Current through Register 1525, July 5, 2024
(1) After
			 evaluating each Sports Wagering License application in accordance with
			 205
			 CMR 218.06, the Commission may:
(a) Find the Applicant preliminarily suitable
			 in accordance with
			 205
			 CMR 215.01(2):
Preliminary Finding of Suitability
, and deem the Applicant
			 eligible to request a Temporary License, which shall be subject to conditions
			 in accordance with M.G.L. c. 23N and
			 205 CMR
			 220.00:
Sports Wagering: License
			 Conditions
;
(b) Find the
			 Applicant suitable in accordance with
			 205
			 CMR 215.01(1):
Durable Finding of Suitability
, and award the Applicant a
			 Sports Wagering License, subject to conditions in accordance with M.G.L. c. 23N
			 and 205 CMR
			 220.00:
Sports Wagering: License
			 Conditions
; or
(c) Deny
			 the application for any of the reasons set out in M.G.L. c. 23N §§
			 6(e), 9, or in 205 CMR.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 218.00 - General Sports Wagering Application Requirements, Standards, and Procedures › Section 218.08 - Provisions Applicable to All Sports Wagering Licensing Determinations

Current through Register 1525, July 5, 2024
(1) Upon granting an application, the
			 Commission shall prepare and file its decision, and shall issue a statement of
			 the reasons for the grant, including specific findings of fact, and noting any
			 conditions of licensure imposed under
			 205 CMR
			 220.00:
Sports Wagering: License
			 Conditions
.
(2) Upon
			 denial of an application, the Commission shall prepare and file its decision
			 and, if requested by the Applicant, shall further prepare and file a statement
			 of the reasons for the denial, including specific findings of fact.
(3) For purposes of205 CMR and M.G.L. c. 23N,
			 the award of a Sports Wagering License shall be deemed to have occurred
			 immediately upon a majority vote by the Commission to issue the license, unless
			 otherwise determined by the Commission.
(4) An Applicant awarded a Sports Wagering
			 License, or deemed eligible to request a Temporary License, shall not conduct
			 sports wagering until it meets all other applicable requirements of M.G.L. c.
			 23N and 205 CMR including having been issued an operation
			 certificate.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 219.00 - Temporary Licensing Procedures › Section 219.01 - Eligibility to Request a Temporary License

Current through Register 1525, July 5, 2024
A Person shall be eligible to request a Temporary License
				if:
(a) The Commission deems it
			 eligible in accordance with
			 205
			 CMR 218.07(1)(a);
			 or
(b) The Commission awards it a
			 Sports Wagering License in accordance with
			 205
			 CMR 218.07(1)(b);
			 or
(c) It has received leave to
			 request a renewed Temporary License in accordance with
			 205
			 CMR 219.04.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 219.00 - Temporary Licensing Procedures › Section 219.02 - Temporary License Request Process

Current through Register 1525, July 5, 2024
(1) Any Person who
			 is eligible to request a Temporary License may submit a request for a Temporary
			 License to the Executive Director on a form to be approved by the Commission.
			 Such request shall be accompanied by an initial licensing fee of $1,000,000
			 payable to the Commission.
(2) Upon
			 receiving a request for a Temporary License, the Executive Director or their
			 designee shall within fourteen days determine whether the requestor is eligible
			 to request a Temporary License and has paid the initial licensing fee as
			 described in
			 205
			 CMR 219.02, and make a written recommendation
			 to the Commission as follows:
(a) If the
			 Executive Director determines that the requestor is eligible and has paid the
			 initial licensing fee, they shall recommend to the Commission that the
			 Commission issue the requested Temporary License.
(b) If the Executive Director determines that
			 the requestor is not eligible or has not paid the initial licensing fee, they
			 shall recommend to the Commission that the Commission deny the requested
			 Temporary License.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 219.00 - Temporary Licensing Procedures › Section 219.03 - Temporary License Expiration

Current through Register 1525, July 5, 2024
(1) The first
			 Temporary License granted to an Operator in the Commonwealth shall expire after
			 one year.
(2) The Operator's second
			 and subsequent Temporary Licenses shall each expire after one year, or after
			 the Commission makes a supplemental determination of suitability and awards a
			 Sports Wagering License in accordance with
			 205
			 CMR 218.06(7), whichever is
			 shorter.
(3) Non-expiration of
			 licenses while timely request for leave to obtain a renewed temporary license
			 is pending.
(a) If an Operator has submitted a
			 timely application for leave to request a renewed Temporary License, the
			 Operator's Temporary License shall not expire until:
(i) the application has finally been
			 determined by the Commission; or
(ii) the operator fails to cure a deficiency
			 within the time permitted by
			 205
			 CMR 219.04(2)(c).
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 219.00 - Temporary Licensing Procedures › Section 219.04 - Applying for Leave to Obtain a Renewed Temporary License

Current through Register 1525, July 5, 2024
(1) Applications for leave to request a
			 renewed Temporary License shall be submitted to the Executive Director on a
			 form approved by the Commission.
(2)
Administrative Sufficiency
			 Review
.
(a) The Commission's
			 Division of Licensing will review each application for leave for administrative
			 sufficiency.
(b) When determining
			 whether an application for leave is administratively sufficient, the Division
			 of Licensing shall review only the form required by
			 205
			 CMR 219.04(1), and only
			 determine whether all information or materials required to be provided in
			 response to each question or request has been submitted.
(c) If an application for leave is determined
			 to be insufficient:
1. The Division shall
			 notify the Operator by email. The notification shall specifically identify the
			 deficiencies.
2. The Operator shall
			 have the right to submit supplemental or corrected information to cure the
			 deficiencies within one month.
3.
			 For each deficient request component, the one-month period established in
			 205
			 CMR 219.04(2)(c)(ii)  shall
			 begin the day after:
a. The last date to
			 submit an application for leave to request a renewed temporary license, as
			 established by
			 205
			 CMR 219.04(5), if that date
			 has not passed; or
b. The date on
			 which the notification sent pursuant to
			 205
			 CMR 219.04(2)(c)(i)  was
			 sent, if the last date to submit an application for leave to request a renewed
			 temporary license, as established by
			 205
			 CMR 219.04(5), has
			 passed.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 220.00 - Sports Wagering: License Conditions › Section 220.01 - Conditions on All Licenses

Current through Register 1525, July 5, 2024
(1) All Sports
			 Wagering Licenses shall be issued subject to the following conditions:
(a) That the Operator obtain an Operation
			 Certificate before conducting any sports wagering in the
			 Commonwealth.
(b) That the Operator
			 comply with all terms and conditions of its license and Operation
			 Certificate;
(c) That the Operator
			 comply with M.G.L. c. 23N and all rules and regulations of the
			 Commission;
(d) That the Operator
			 make all required payments to the Commission in a timely manner;
(e) That the Operator maintain its
			 suitability to hold a sports wagering license; and
(f) That the Operator conduct sports wagering
			 in accordance with its approved system of internal controls, consistent with
			 205 CMR, and in accordance with its approved house rules, in accordance with
			 M.G.L. c. 23N, § 10(a) and consistent with 205 CMR.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 221.00 - Sports Wagering License Fees › Section 221.01 - Licensing and Assessment Fees

Current through Register 1525, July 5, 2024
(1) Upon submission
			 of a request for a Temporary License pursuant to 205 CMR 219.00:
Temporary Licensing Procedures
, the requestor shall pay an
			 initial non-refundable license fee of $1,000,000 to the Commission.
(2) Within 30 days after the award of a
			 Sports Wagering Operator License by the Commission, the Operator shall pay a
			 license fee of $5,000,000 to the Commission; provided, however, that any
			 $1,000,000 fee or fees paid to the Commission because the Operator previously
			 received or renewed a Temporary License shall be credited against that
			 $5,000,000. As a pre-condition of any award, the Commission may provide that
			 such license fees be paid on an installment basis before the award is made and
			 the license issued.
(3) The
			 following additional fees are due and payable to the Commission for each Sports
			 Wagering Operator:
(a) An Annual Assessment
			 as provided by M.G.L. c. 23N, § 15(c), to be determined by the Commission
			 and calculated in accordance with M.G.L. c. 23N, § 15(c) to cover costs of
			 the Commission necessary to maintain control over Sports Wagering, in
			 proportion to each licensees' actual or projected Adjusted Gross Sports
			 Wagering receipts; provided, however, that such assessment may be adjusted by
			 the Commission at any time after payment is made where required to reflect the
			 actual Adjusted Gross Sports Wagering Receipts, and accordingly, the payment of
			 additional funds may be required or a credit may be issued towards the payment
			 due the following year;
(b) An
			 annual fee, as provided by M.G.L. c. 23N, § 15(e) reflecting each Operator
			 that is not a Category 1 Sports Wagering Licensee's share of $1,000,000 to be
			 deposited into the Public Health Trust Fund; provided, however, that the
			 Commission shall determine each Operator's share as their proportional share of
			 anticipated or actual Adjusted Gross Sports Wagering Receipts; provided
			 further, however, that such assessment may be adjusted by the Commission at any
			 time after payment is made where required to reflect the actual adjusted gross
			 sports wagering revenue; and
(c)
			 any other such license fees required under M.G.L. c. 23N and required to be
			 assessed by the Commission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 221.00 - Sports Wagering License Fees › Section 221.02 - Payment of Fees

Current through Register 1525, July 5, 2024
(1) Except in the
			 case of an assessment for fiscal years 2023 and 2024 the Annual Assessment due
			 under
			 205
			 CMR 221.01(3)(a)  shall be
			 assessed on or about 30 days prior to the start of the Commission fiscal year.
			 The Annual Assessment for each Operator shall be the difference between the
			 Commission's projected costs to regulate Sports Wagering minus any other
			 revenues anticipated to be received by the Commission related to Sports
			 Wagering and assessed as provided in
			 205
			 CMR 221.01(3)(b). The
			 Commission may assess the Annual Assessment on a pro rata basis commencing in
			 fiscal year 2023 and will make such assessment each fiscal year thereafter. The
			 Commission, in its sole discretion, may allow the Annual Assessment to be paid
			 in one or more installments during the fiscal year.
(2) All license fees and assessments due to
			 the Commission shall be due and payable within 30 days of receipt of an invoice
			 from the Commission.
(3) All
			 license fees and assessments shall be submitted in the form of a certified
			 check or secure electronic funds transfer payable to the "Massachusetts Gaming
			 Commission."
(4) In the event that
			 a licensee fails to pay any fees or assessments as provided in
			 205
			 CMR 221.01, the Commission may take any
			 remedial action it deems necessary up to and including revocation of the Sports
			 Wagering Operator License.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 221.00 - Sports Wagering License Fees › Section 221.03 - Commission Budget and Reconciliation

Current through Register 1525, July 5, 2024
(1) The
			 Commission shall establish a budget for Sports Wagering in the course of
			 establishing its overall budget pursuant to
			 205
			 CMR 121.03 and
			 121.04.
(2) If at any time during the fiscal year the
			 Commission determines that actual costs associated with Sports Wagering will
			 exceed the projected costs and projected revenue associated with Sports
			 Wagering in the budget the Commission will revise the Annual Assessment
			 assessed to Operator and invoice each Operator for its proportional share of
			 such costs.
(3) Within 90 days of
			 the close of each fiscal year the Commission will reconcile its actual costs to
			 actual revenues. In no case will the Commission end a fiscal year on a negative
			 basis. No commitment or expense shall cause the Sports Wagering Control Fund to
			 end the fiscal year with a negative cash balance.
(4) In the event that actual revenues exceed
			 actual costs for a given fiscal year, the Commission in its sole discretion
			 shall credit such Excess Assessment to the Annual Assessment due for the next
			 fiscal year.
(5) In the event that
			 actual revenues associated with Sports Wagering are less than actual costs
			 associated with Sports Wagering for a given fiscal year, the Commission will
			 assess each Operator for its share of the excess costs (Excess Cost Assessment)
			 in the same manner in which the Commission assessed the Annual Assessment. Such
			 Excess Cost Assessment shall be due and payable as part of the Annual
			 Assessment due for the next fiscal year.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 222.00 - Capital Investment and Monitoring of Project Construction › Section 222.01 - Definitions

Current through Register 1525, July 5, 2024
Minority Business Enterprise (MBE)
. A
				minority owned business that has been certified by either the Massachusetts
				Supplier Diversity Office, the Greater New England Minority Supplier
				Development Council, or both.
Project
. Construction of or on the
				Category 2 Sports Wagering Facility in order to meet the required capital
				investment. For purposes of
				205 CMR
				222.00, Project may also include construction of on or
				off-site infrastructure required by a permitting or licensing authority
				(including the Commission) for the construction of the Sports Wagering
				Facility.
Small Business
. An entity, including
				all of its affiliates combined that:
(a) Has its principal place of business in
			 Massachusetts;
(b) Employs a
			 combined total at all locations of 50 or fewer full-time employees;
(c) Has been in business at least one year;
			 and
(d) Has gross revenues of $40
			 million or less based on a three-year average, and meets all legal obligations
			 for tax status and required registration in the Commonwealth.
Veteran's Business Enterprise (VBE)
. A
				Veteran Business Enterprise shall be any entity certified as a "Veteran-owned
				small business concern" by the U.S. Department of Veterans Affairs, or
				certified as such by the Massachusetts Supplier Diversity Office; provided,
				that vendors, registrants, or subcontractors verified by the Licensing Division
				will continue to be recognized as such until the end of their existing
				contract.
Women's Business Enterprise (WBE)
. A
				women-owned business that has been certified by either the Massachusetts
				Supplier Diversity Office, the Women's Business Enterprise National Council or
				both.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 222.00 - Capital Investment and Monitoring of Project Construction › Section 222.02 - Project Plans and Reporting

Current through Register 1525, July 5, 2024
(1) The Commission
			 may create guidelines under
			 205 CMR
			 222.00 to aid the Commission in its review and
			 monitoring of each project. Any such guidelines will be shared with the
			 Category 2 Sports Wagering Licensees and may be amended as necessary by the
			 Commission.
(2) The Commission
			 shall approve for each Category 2 Sports Wagering Licensee a project plan for
			 the Licensee's capital investment in its Sports Wagering Facility and related
			 infrastructure. The Commission shall not unreasonably withhold approval of
			 elements of the Licensee's project plan that are consistent with information
			 disclosed to and approved by the Commission during the Commission's licensing
			 proceedings. The project plan shall include:
(a) A detailed project schedule, consistent
			 with any representations or commitments made to the Commission while the
			 licensee was applying for a Sports Wagering License or in accordance with
			 205
			 CMR 222.03, which includes all major stages
			 of design and construction; and
(b)
			 An affirmative action program of equal opportunity whereby the licensee
			 establishes specific goals for the utilization of minorities, women and
			 veterans on construction jobs and for contracting with minority, women or
			 veteran owned businesses during either design or construction; provided,
			 however that unless the licensee demonstrates that there is good cause
			 otherwise, such goals shall be equal to or greater than the goals contained in
			 Executive Office of Administration and Finance Administrative Bulletin Number
			 14, and consistent with or greater than any representations made to the
			 Commission while the licensee was applying for a Sports Wagering
			 License.
(c) A narrative describing
			 the project, and including both a pictorial representation of the project
			 design concept and a narrative description of the project.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 222.00 - Capital Investment and Monitoring of Project Construction › Section 222.03 - Design Review Process

Current through Register 1525, July 5, 2024
(1) The Commission
			 or its representative may participate in any design review process for the
			 design of the project as follows:
(a) When the
			 licensee has completed the schematic design phase, the Commission or its
			 representative may request that the licensee submit the schematic design for
			 review. Such schematic design may include descriptions of the external facade
			 of any structures that are part of the project, all the major systems, a floor
			 plan and any off site infrastructure improvements planned by
			 licensee.
(b) The Commission or its
			 representative may request for review the final site plan and architectural
			 design package. Such final design package shall be in the form ready for
			 licensee's use in creating construction bid packages.
(c) The Commission or its representative may
			 request construction packages for review prior to putting such construction
			 packages out for bid.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 222.00 - Capital Investment and Monitoring of Project Construction › Section 222.04 - Inspection of Construction and Related Records

Current through Register 1525, July 5, 2024
(1) At all times the Commission or its
			 representative may physically inspect the progress of construction, subject to
			 reasonable construction site safety rules, to determine the Sports Wagering
			 Licensee's compliance with the approved project plan, the terms and conditions
			 of the license, M.G.L. c. 23N, or 205 CMR.
(2) The Commission or its representative may
			 request or have access to, at any time, plans, specifications, submittals,
			 contracts, financing documents or other records concerning the construction of
			 the project or related infrastructure. The licensee shall provide the requested
			 materials to the Commission or its representative within ten days of the
			 Commission's request for such documents.
(3) Following an inspection of construction
			 pursuant to
			 205
			 CMR 222.04(1)  or review of
			 records pursuant to
			 205
			 CMR 222.04(2), the
			 Commission or its representative may notify the Sports Wagering Licensee of any
			 non-compliance with the terms of the license or with an approved project plan.
			 Upon receipt of such notification, the Sports Wagering Licensee shall present a
			 plan to the Commission to address such non-compliance to the satisfaction of
			 the Commission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 222.00 - Capital Investment and Monitoring of Project Construction › Section 222.05 - Certification that Licensee Has Met Expenditure Requirement

Current through Register 1525, July 5, 2024
(1) The Sports Wagering Licensee shall
			 certify to the Commission that it has made a capital investment in its project
			 of at least $7,500,000, and in accordance with an approved project
			 plan.
(2) Upon receipt of such
			 certification, the Commission or its representative may inspect the
			 construction pursuant to
			 205
			 CMR 222.04(1), and request
			 relevant plans, contracts, financing documents or additional records pursuant
			 to 205 CMR
			 222.04(2).
(3) The Commission may either approve or
			 disapprove the Sports Wagering Licensee's certification pursuant to
			 205
			 CMR 222.05(1). If the
			 Commission disapproves the Licensee's certification, the Commission will notify
			 the Licensee of the reasons for such disapproval.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 222.00 - Capital Investment and Monitoring of Project Construction › Section 222.06 - Grounds for Discipline

Current through Register 1525, July 5, 2024
(1) Pursuant to
			 M.G.L. c. 23N, § 3, a Category 2 Sports Wagering Licensee who fails to
			 make a capital investment in its project of at least $7,500,000, and in
			 accordance with an approved project plan, within three years after receiving a
			 Sports Wagering License shall be subject to discipline in accordance with
			 205 CMR
			 232.00, unless the Licensee shows that its failure
			 resulted from extraordinary circumstances. Disciplinary action in accordance
			 with 205 CMR 222.06(1)
			  shall be presumed to include the suspension
			 or revocation of the License, but the Commission may impose other or lesser
			 discipline as it deems appropriate.
(2) The Commission or Bureau may discipline a
			 Category 2 Sports Wagering Licensee in accordance with
			 205 CMR
			 232.00 for other violations of or failing with respect
			 to this
			 205
			 CMR 222.05.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 229.00 - Review of a Proposed Transfer of Interest › Section 229.01 - Notice

Current through Register 1525, July 5, 2024
(1) Pursuant to M.G.L. c. 23N, § 6(h),
			 no person shall transfer, or enter into an agreement to transfer, a Sports
			 Wagering License, or a direct or indirect interest in such a license, or a
			 personal or pecuniary interest in such a license, or enter into an option
			 contract, management contract or other agreement or contract providing for such
			 transfer in the present or future, or enter into an agreement granting the
			 retention of a security interest in property delivered to the Sports Wagering
			 Licensee without prior notification to the Bureau.
(2) Notwithstanding
			 205
			 CMR 229.01(1), the following
			 transactions shall not be considered transfers subject to M.G.L. c. 23N, §
			 6(h), and do not require prior notification to the Bureau:
(a) The open market transfer of a publicly
			 traded interest in a Sports Wagering Licensee, or holding, parent or
			 intermediary company of a Sports Wagering Licensee where such transfer results
			 in the transferee holding less than a 10% interest in the holding, parent or
			 intermediary company.
(b) The
			 granting of a security interest in return for financing to a bona fide banking
			 institution, as defined in M.G.L. c. 167A, § 1, or a commercial financial
			 institution as defined in M.G.L. c. 63, § 1, so long as the
bona
			 fide
banking institution or the commercial financial institution does
			 not, by virtue of its security interest, possess the intention to influence or
			 affect the affairs or operations of a Sports Wagering Licensee or applicant or
			 Qualifier for a Sports Wagering Licensee. The Sports Wagering Licensee,
			 applicant, or Qualifier shall however, provide notice of the transaction
			 promptly to the Bureau upon its consummation.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 229.00 - Review of a Proposed Transfer of Interest › Section 229.02 - Approval

Current through Register 1525, July 5, 2024
(1) Any transfer subject to M.G.L. c. 23N,
			 § 6(h) that does not result in a new qualifier being designated in
			 accordance with
			 205
			 CMR 215.02:
Persons Required to Be
			 Qualified
may be approved by the Commission in a public
			 meeting.
(2) Any transfer subject
			 to M.G.L. c. 23N, § 6(h) that results in a new qualifier being designated
			 in accordance with
			 205
			 CMR 215.02:
Persons Required to Be
			 Qualified
must be approved by the Commission. Said approval shall be
			 subject to the provisions of
			 205
			 CMR 229.04. Both the transferor and
			 transferee shall be jointly and severally responsible for the payment of the
			 investigatory and other fees provided for in
			 205
			 CMR 214.02(2).
(3) The Commission may reject any transfer
			 requiring approval pursuant to
			 205
			 CMR 229.01(1)  that it finds
			 would be injurious to the interests of the Commonwealth of Massachusetts.
			 Without implied limitation, a transfer may be considered injurious to the
			 interests of the Commonwealth if the Commission determines that the proposed
			 transferee does not satisfy the applicable considerations set forth in M.G.L.
			 c. 23N, §§ 5, 6, or 9(a);
			 205 CMR
			 215.00:
Applicant and Qualifier Suitability
			 Determination, Standards, and Procedures
; or any other applicable
			 provisions of M.G.L. chs. 23K, 23N or 205 CMR, or if the transferee does not
			 satisfy the provisions of
			 205
			 CMR 229.04.
(4) The Commission shall not approve the
			 transfer of a Sports Wagering License for one year after the initial issuance
			 of the license unless one of the following has occurred:
(a) the parent, holding company, or
			 intermediary company of the Sports Wagering Licensee experiences a change in
			 ownership resulting in a change of control;
(b) the Sports Wagering Licensee fails to
			 maintain suitability; or
(c) the
			 Commission determines that other circumstances exist which affect the Sports
			 Wagering Licensee's ability to operate the Sports Wagering Platform
			 successfully.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 229.00 - Review of a Proposed Transfer of Interest › Section 229.03 - Interim Authorization

Current through Register 1525, July 5, 2024
(1)
Contractual Transfers
. Whenever any person contracts
			 to transfer a Sports Wagering License or an ownership interest in a Sports
			 Wagering Licensee or its parent, holding or intermediary company, or any
			 property relating to a sports wagering operation, under circumstances which
			 require that the transferee obtain licensure or be found qualified pursuant to
			 205 CMR
			 215.00:
Applicant and Qualifier Suitability
			 Determination, Standards, and Procedures
and/or M.G.L. c. 23N, the
			 contract shall not specify a closing or settlement date which is earlier than
			 121 days after the submission of a completed transfer application. Said
			 application shall consist of:
(a) For the
			 transferee, the survey described at
			 205
			 CMR 211.01(1)(a);
(b) For the transferee and each new
			 qualifier, the materials described at
			 205
			 CMR 211.01(1)(c) through(e),
			 as appropriate;
(c) For the
			 transferee and each new qualifier, any attestation forms required by the
			 Bureau;
(d) A fully executed trust
			 agreement in accordance with
			 205
			 CMR 229.03(6)  which shall
			 be subject to Commission approval. Any contract provision which specifies a
			 closing or settlement date sooner than 121 days after submission of the
			 transfer application shall be void for all purposes.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 229.00 - Review of a Proposed Transfer of Interest › Section 229.04 - Review of a Proposed Transfer of Interests

Current through Register 1525, July 5, 2024
(1) If a proposed transfer of interests
			 subject to
			 205 CMR
			 229.00 will result in a change of control as defined
			 in 205 CMR 102.02:
Definitions
, the proposed transferee shall, as a condition of
			 the transfer, unless otherwise allowed by the Commission in accordance with
			 205
			 CMR 229.01(2), provide the
			 Commission with a written agreement to assume all obligations of the Sports
			 Wagering Licensee including, but not limited to, commitments made in the Sports
			 Wagering License Application, all terms and conditions contained in the Sports
			 Wagering License, Operation Certificate, and all permits, licenses, and other
			 approvals issued by any federal, state, and local governmental agencies.
			 Additionally, the written agreement shall include an attestation from the
			 transferor and transferee, accompanied by relevant supporting documentation,
			 that said transfer comports with all applicable terms and conditions of the
			 aforementioned instruments.
(2)
			 Prior to submitting the written agreement referenced in
			 205
			 CMR 229.04(1), a proposed
			 transferee may petition the Commission to allow for the modification of any
			 terms, conditions, or agreements applicable to the Sports Wagering License or
			 Operation Certificate held by the transferor, provided that the modifications
			 are not inconsistent with any applicable provisions of M.G.L. c. 23N and 205
			 CMR.
(3) Notwithstanding
			 205
			 CMR 229.04(1):
(a) The Commission may in its discretion
			 require submission of any additional application material as described in
			 205 CMR
			 211.00:
Category 1, Category 2, and Category 3
			 Sports Wagering License Applications
, 215.00:
Applicant and
			 Qualifier Suitability Determination, Standards, and Procedures
, or
			 218.00:
General Sports Wagering Application Requirements, Standards,
			 and Procedures
to assist in its determination as to whether to allow a
			 modification in accordance with
			 205
			 CMR 229.04(2)  and/or
			 approve a transfer of interests in accordance with
			 205
			 CMR 229.02.
(b) A proposed transferee shall have the same
			 duty to cooperate with such requests for information as does an Applicant under
			 205
			 CMR 212.01:
Additional Information
			 and Cooperation
.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 229.00 - Review of a Proposed Transfer of Interest › Section 229.05 - Fees for Review of Transfer

Current through Register 1525, July 5, 2024
(1) Pursuant to
			 M.G.L. c. 23N, § 6(h), the transferor shall be responsible for paying to
			 the Commission all costs incurred by the Commission, directly or indirectly,
			 for reviewing any transfer that requires prior notification to the
			 Bureau.
(2) For purposes of
			 205
			 CMR 229.05, the costs associated with
			 reviewing the transfer shall include, without limitation:
(a) All costs for conducting an investigation
			 into any new qualifiers, the transferee, the trustee, and any other person
			 subject to the jurisdiction of the Commission under M.G.L. c. 23N relating to
			 the transfer in question; and
(b)
			 All fees for services, disbursements, out of pocket costs, allocated overhead,
			 processing charges, administrative expenses, professional fees, and other costs
			 directly or indirectly incurred by the Commission, including without limitation
			 all such amounts incurred by the Commission to and through the Bureau, the
			 Division, the Gaming Enforcement Unit, the Gaming Liquor Enforcement Unit, and
			 any contract investigator.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 230.00 - Review of a Proposed Agreement with a Category 3 Licensee › Section 230.01 - Notice and Approval

Current through Register 1525, July 5, 2024
(1) In accordance
			 with M. G.L. c. 23N, § 6(b)(4), no Category 1 or Category 2 Operator shall
			 enter into an agreement related to mobile or digital Sports Wagering with a
			 Category 3 Operator, including a Category 3 Operator whose Tethered Category 3
			 License is tethered to the Category 1 or 2 Operator's License, or amend such an
			 agreement, without prior notice to and approval from the Commission.
(2) Notwithstanding
			 205
			 CMR 230.01(1), the following
			 agreements and amendments do not require approval:
(a) The acceptance by one Operator of a
			 second Operator's standardized consumer terms of service in order to place a
			 wager with the second Operator in accordance with M.G.L. c. 23N, §
			 13(c).
(b) Amendments as to form or
			 to correct typographical errors.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 231.00 - Renewal of a Sports Wagering License › Section 231.01 - License Renewal Process

Current through Register 1525, July 5, 2024
(1) An Operator may
			 submit a renewal request in accordance with
			 205 CMR
			 231.00 on a form approved by the Commission no earlier
			 than 12 months before, and no later than nine months before, the date on which
			 the Operator's Sports Wagering License is scheduled to expire.
(2) The Commission may, in its discretion,
			 extend the time for filing a complete renewal request to enable an Operator to
			 cure a deficiency in its request, provided that the renewal request was
			 submitted before the established deadlines, or to provide a reasonable
			 additional time for filing in cases where extraordinary circumstances prevented
			 a timely filing.
(3)
Administrative Sufficiency Review
.
(a) The Commission's Division of Licensing
			 will review each renewal request for administrative sufficiency.
(b) When determining whether a request is
			 administratively sufficient, the Division of Licensing shall review only the
			 form required by
			 205
			 CMR 231.01(1), and only
			 determine whether all information or materials required to be provided in
			 response to each question or request has been submitted.
(c) If a request is determined to be
			 insufficient:
1. The Division shall notify the
			 Operator by email. The notification shall specifically identify the
			 deficiencies.
2. The Operator shall
			 have the right to submit supplemental or corrected information to cure the
			 deficiencies within one month.
3.
			 For each deficient request component, the one-month period established in
			 205
			 CMR 231.01(3)(c)b. shall
			 begin the day after:
a. The last date to
			 submit a renewal request, as established by
			 205
			 CMR 231.01(1), if that date
			 has not passed; or
b. The date on
			 which the notification sent pursuant to
			 205
			 CMR 231.01(3)(c)1. was sent,
			 if the last date to submit a renewal request, as established by
			 205
			 CMR 231.01(1), has passed.
d. A positive determination of
			 administrative sufficiency shall not constitute a finding with respect to the
			 accuracy of the information submitted, and shall not bar a request for further
			 information by the Commission, the Bureau or their agents and employees with
			 respect to the request.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 232.00 - Discipline of Sports Wagering Operators and Other Licensees and Registrants › Section 232.01 - General Commission Authority

Current through Register 1525, July 5, 2024
(1)
Investigatory Authority
. The Commission retains the
			 authority:
(a) to assign to the Bureau or to
			 any other party; and
(b) to direct
			 that an investigation be made of, any suspected or asserted violation of M.G.L.
			 c. 23N and 205 CMR. The Commission may establish internal policies setting out
			 reporting requirements for any investigations which it has directed the Bureau
			 or any other party to undertake.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 232.00 - Discipline of Sports Wagering Operators and Other Licensees and Registrants › Section 232.02 - Discipline of a Sports Wagering Operator

Current through Register 1525, July 5, 2024
(1)
Grounds for Action
. In addition to any other grounds
			 specifically provided throughout M.G.L. c. 23K and 23N or 205 CMR, and without
			 limiting the Commission's, the Bureau's or any other entity's ability to
			 require compliance with M.G.L. c. 23N or 205 CMR through any other method, a
			 Sports Wagering Operator License may be conditioned, suspended, or revoked, or
			 the Operator assessed a civil administrative penalty, if the Commission, either
			 on its own, or pursuant to a finding or recommendation of the Bureau in
			 accordance with
			 205 CMR
			 232.00 determines that:
(a) The Operator engaged in an act or
			 practice that caused irreparable harm to the security and integrity of the
			 Sports Wagering Operation or the interests of the Commonwealth in ensuring the
			 security and integrity of Sports Wagering;
(b) Circumstances have arisen that render an
			 Operator unsuitable under M.G.L. c. 23N, § 6 or § 9;
(c) An Operator failed to comply with its
			 approved system of Internal Controls;
(d) An Operator refused or was unable to
			 separate itself from an unsuitable qualifier;
(e) As provided in M.G.L. c. 23N, §
			 21(b), an Operator:
1. has committed a
			 criminal or civil offense under M.G.L. c. 23N or under any other laws of the
			 commonwealth;
2. is not in
			 compliance with 205 CMR;
3. is
			 under criminal investigation in another jurisdiction;
4. has breached a condition of
			 licensure;
5. has affiliates, close
			 associates or employees that are not qualified or licensed under M.G.L. c. 23N
			 and 205 CMR with whom the Operator continues to conduct business with or
			 employ;
6. is no longer capable of
			 maintaining Sports Wagering operations; or
7. whose business practice, upon a
			 determination by the Commission, is injurious to the policy objectives of
			 M.G.L. c. 23N; or
(f) An
			 Operator failed to abide by any provision of M.G.L. c. 23K, 23N or 205 CMR, a
			 condition of the Sports Wagering License, or an order of the
			 Commission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 232.00 - Discipline of Sports Wagering Operators and Other Licensees and Registrants › Section 232.03 - Discipline of Others Involved in Sports Wagering

Current through Register 1525, July 5, 2024
(1)
Grounds for Disciplinary
			 Action
. In addition to the grounds specifically provided
			 throughout G.L. c. 23K and 23N or 205 CMR, and without limiting the
			 Commission's, the Bureau's or any other entity's ability to require compliance
			 with M.G.L. c. 23N or 205 CMR through any other method, any Occupational
			 License or Sports Wagering Vendor license or registration issued under 205 CMR
			 may be conditioned, suspended, or revoked, or a civil administrative penalty
			 assessed, if the Commission or the Bureau determines that the licensee or
			 registrant has:
(a) been arrested or convicted
			 of a crime and failed to report the charges or the conviction to the
			 Commission;
(b) failed to comply
			 with any provision of M.G.L. c. 23N or 205 CMR pertaining to licensees and
			 registrants, including failure to act in conformance with an applicable
			 provision of the Sports Wagering Operator's system of Internal
			 Controls.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 233.00 - Sports Wagering Voluntary Self-exclusion › Section 233.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
(1) In accordance
			 with M.G.L. c. 23N, § 13(e)(2), the Commission shall establish a list of
			 self-excluded Persons from Sports Wagering.
			 205 CMR
			 233.00 shall govern the procedures and protocols
			 relative to the list of Persons self-excluded from entering a Sports Wagering
			 Area or a Sports W agering F acility, or holding a Sports W agering Account.
			 The voluntary-self exclusion list shall consist of names and information
			 relative to those individuals who have complied with the requirements of
			 205 CMR
			 233.00 and have been placed on the list by the
			 Commission. Placement of one's name on the self-exclusion list is intended to
			 offer individuals one means to help address problem gambling behavior or deter
			 an individual with family, religious, or other personal concerns from entering
			 the Sports Wagering Area or Sports Wagering Facility, or holding a Sports
			 Wagering Account.
(2) For purposes
			 of205 CMR
			 233.00, the term 'problem gambler' shall have the same
			 meaning as that term is defined in
			 205
			 CMR 133.01:
Scope and
			 Purpose
.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 233.00 - Sports Wagering Voluntary Self-exclusion › Section 233.02 - Placement on the Self-exclusion List

Current through Register 1525, July 5, 2024
(1) An
			 individual whose name is placed on the voluntary self-exclusion list shall be
			 prohibited from entering a Sports Wagering Area or a Sports Wagering Facility,
			 or holding a Sports Wagering Account, for the duration of the exclusion period
			 and until the completion of the reinstatement session required by
			 205
			 CMR 233.04(2), and shall not
			 collect any winnings or recover any losses resulting from any Sports Wagering.
			 Provided, however, that an employee of a Sports Wagering Operator or vendor who
			 is on the voluntary-self exclusion list may be in a Sports Wagering Area or a
			 Sports Wagering Facility, or hold a Sports Wagering Account, solely for the
			 purposes of performing the employee's job functions.
(2) An individual may request to have the
			 individual's name placed on the voluntary self-exclusion list in accordance
			 with the procedures outlined in
			 205
			 CMR 133.02(2) through (7) and (9) and
			 (10). Applications for placement on the
			 voluntary self-exclusion list shall also be available at designated locations
			 on and off the premises of the gaming establishment in which there is a Sports
			 Wagering Area, at a Sports Wagering Facility, and on a public web page directly
			 accessible from a link prominently placed on a Sports Wagering Operator's
			 mobile application or other digital platform as determined by the
			 Commission.
(3) The course of
			 training required to become a designated agent who can accept and perform
			 intakes related to an application for placement on the voluntary self-exclusion
			 list pursuant to
			 205
			 CMR 133.02 shall also include an
			 understanding of
			 205 CMR
			 233.00.
(4) If the Sports W agering Operator utilizes
			 an internal management system to track individuals on the self-exclusion list,
			 the Sports Wagering Operator shall update that system at least every 24 hours
			 with names of individuals being added or removed from the self-exclusion
			 list.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 233.00 - Sports Wagering Voluntary Self-exclusion › Section 233.03 - Contents of the Application

Current through Register 1525, July 5, 2024
The application for voluntary self-exclusion shall require
				provision of, at a minimum, the same content required by
				205
				CMR 133.03(2) through (4), (7), (10) and (11) and
				(13). The application for voluntary
				self-exclusion shall also require provision of, at a minimum, the following
				content:
(1) Name, home address, email
			 address, telephone number, date of birth, last four digits of social security
			 number of the applicant, and any other information required by the
			 Commission;
(2) An acknowledgment
			 by the applicant that the applicant will not enter the Sports Wagering Area or
			 Sports Wagering Facility, or engage in Sports Wagering, for the duration of the
			 exclusion period and until the completion of the reinstatement session required
			 by 205 CMR 233.04(2)
			  (except as provided by
			 205
			 CMR 233.02(1)), and that it
			 is the applicant's responsibility to refrain from doing so;
(3) An acknowledgment by the applicant that
			 the applicant shall not collect any winnings or recover any losses resulting
			 from Sports Wagering for the duration of the exclusion period and until
			 completion of the reinstatement session required by
			 205
			 CMR 233.04(2);
(4) An acknowledgment by the applicant that
			 by placing the applicant's name on the voluntary self-exclusion list, the
			 prohibitions identified in
			 205
			 CMR 233.02(1)  may apply to
			 all forms of gaming offered by any entities licensed by the Commission, as well
			 as by any affiliates of such entities, whether within Massachusetts or another
			 jurisdiction, and that the Commission may share the list with other domestic or
			 international gaming or Sports Wagering jurisdictions resulting in placement on
			 the lists of such other jurisdictions, and may share such portion of the list
			 with designated agents as may be necessary for the purpose of administering the
			 voluntary self-exclusion program;
(5) An acknowledgment by the applicant that
			 if the applicant violates the agreement to refrain from entering the Sports
			 Wagering Area or Sports Wagering Facility, or engage in Sports Wagering, the
			 applicant shall notify the Commission of such violation within 24 hours of the
			 violation; and
(6) An
			 acknowledgment by the applicant that once the applicant's name is placed on the
			 self-exclusion list, the applicant may be refused entry or ejected from the
			 gaming establishment, Sports Wagering Area or Sports Wagering Facility, or be
			 prohibited from having the applicant's Sports Wager be accepted.