Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 114.00 - Fees › Section 114.03 - Community Disbursements

Current through Register 1525, July 5, 2024
(1) Pursuant to
			 M.G.L. c. 23K, § 15(11), not less than $50,000 of the initial application
			 fee for a gaming license shall be used to reimburse the host and surrounding
			 municipalities in accordance with 205 CMR 114.03 for the cost of determining
			 the impact of a proposed gaming establishment and for negotiating community
			 impact mitigation agreements.
(2)
(a) Based on a letter of authorization to the
			 commission signed by authorized representatives of an applicant and a host or
			 surrounding municipality or by an applicant and a regional planning agency, the
			 commission may, at any time and from time to time, make community disbursements
			 to that host or surrounding municipality or regional planning agency from
			 available amounts paid by that applicant to the commission for community
			 disbursements. If the total amount of payments authorized by an applicant
			 exceeds the initial $50,000 amount, the applicant shall immediately pay to the
			 commission all such additional amounts authorized by such letters of
			 authorization for community disbursements. If the applicant fails to pay any
			 such additional amount to the commission within 30 days after notification from
			 the commission of insufficient funds, the application shall be
			 rejected.
(b)
1. In addition to the process provided in 205
			 CMR 114.03(2)(a), 21 days after the execution of the host community agreement,
			 or, in the case of a prospective surrounding community to a Category 1 gaming
			 establishment, at any time within 90 days prior to the deadline for submission
			 by an applicant of an RFA-2 application for a Category 1 gaming license, or, in
			 the case of a prospective surrounding community to a Category 2 gaming
			 establishment, at any time within 60 days prior to the deadline for submission
			 by an applicant of an RFA-2 application for a Category 2 license, any community
			 that believes it may be a surrounding community to the gaming establishment
			 that is the subject of the host community agreement may apply to the Commission
			 for community disbursements without a letter of authorization signed by the
			 applicant. To do so, the community must submit an application on a form
			 provided by the Commission and shall identify all legal, financial and other
			 professional services deemed necessary by the community for the cost of
			 determining the impact of the proposed gaming establishment and for the
			 negotiation and execution of a host or surrounding community agreement and the
			 attendant costs. Further, the application shall include a statement from the
			 community attesting that a request for the subject funds was made directly to
			 the applicant and denied, and that a copy of the application was served upon
			 the applicant prior to being filed with the Commission. An applicant may file a
			 response to the request for funds no later than seven days after service of the
			 application by the community. The Commission may take action on the application
			 either upon administrative review of the filings or it may convene a hearing on
			 the application at which it may allow presentations from the community and
			 applicant.
2. The Commission may
			 approve the application upon a finding that there is a reasonable likelihood
			 that the community will be designated a surrounding community pursuant to
			 205
			 CMR 125.01, that the request is reasonable in
			 scope and that the risk that the community will not be able to properly
			 determine the impacts of a proposed gaming establishment without the requested
			 funds outweighs the burden of the actual financial cost that will be borne by
			 the applicant.
3. If the
			 application is approved, the community shall be designated a surrounding
			 community for the limited purpose of receiving funding to pay for the cost of
			 determining the impacts of a proposed gaming establishment and for potentially
			 negotiating a surrounding community agreement. Such determination, however,
			 shall not be considered evidence that the community receiving disbursements is
			 or should be designated as a surrounding community pursuant to
			 205
			 CMR 125.01.
4. The Commission shall make the approved
			 community disbursements from available amounts paid by the applicant to the
			 Commission for community disbursements. If the total amount of payments
			 authorized by the Commission exceeds the initial $50,000 amount, the applicant
			 shall immediately pay to the Commission all such additional authorized amounts
			 for community disbursements. If the applicant fails to pay any such additional
			 amount to the Commission within 30 days after notification from the Commission
			 of insufficient funds, the application shall be rejected.