reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 125.00 - Surrounding Communities › Section 125.01 - Determination of Surrounding Communities and Execution of Mitigation Agreements

Current through Register 1525, July 5, 2024
(1)
General
. The following communities are determined to
			 be surrounding communities concerning the development and operation of a
			 specific gaming establishment for purposes of M.G.L. c. 23K and 205 CMR:
(a) Each community located in the
			 commonwealth that both:
1. has been
			 designated as a surrounding community by an applicant for a Category 1 or
			 Category 2 license in the RFA-2 application, written notice of which
			 designation shall be provided by the applicant to the community's chief
			 executive officer as defined in M.G.L. c. 4, §7, cl. Fifth B, at the time
			 the application is filed with the commission; and
2. submits to the commission a written
			 assent, signed by the community's chief executive officer as defined in M.G.L.
			 c. 4, §7, cl. Fifth B, or their designee, to the designation within ten
			 days of receipt of the application by the commission. Such notice to the
			 community of designation by the applicant shall also include written notice of
			 the requirement that each community must, to obtain final surrounding community
			 designation, assent to such designation in writing within ten days of the date
			 of the receipt of the application by the commission. Upon receipt of the
			 written assent, the commission shall issue a written notice designating the
			 community as a surrounding community; and
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 126.00 - Impacted Live Entertainment Venues › Section 126.01 - Determination of Impacted Live Entertainment Venues

Current through Register 1525, July 5, 2024
(1)
General
. The
			 following shall be an impacted live entertainment venue for purposes of M.G.L.
			 c. 23K and 205 CMR:
(a) A venue located in
			 the commonwealth that has executed an impacted live entertainment venue
			 agreement with the applicant for a Category 1 or Category 2 license which
			 agreement was submitted with the RFA-2 application and is in compliance with
			 M.G.L. c. 23K, § 15(10); or
(b) A venue located in the commonwealth that
			 has been designated an impacted live entertainment venue by the commission
			 under M.G.L. c. 23K, § 17(b), and
			 205 CMR
			 110.01(2)  after the
			 submission of an applicant's RFA-2 application upon written request by the
			 venue for the venue to be designated an impacted live entertainment venue with
			 respect to the specific gaming establishment.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 127.00 - Reopening Mitigation Agreements › Section 127.01 - Definitions

Current through Register 1525, July 5, 2024
As used in
				205 CMR 127.00, the
				following words and phrases shall have the following meaning:
Mitigation Agreement or Mitigation
				Agreements
means a fully executed host community agreement as
				governed by
				205 CMR
				123.02:
Host Community Agreement,
surrounding community agreement as governed by
				205
				CMR 125.01:
Determination of
				Surrounding Communities and Execution of Mitigation Agreements,
or an
				impacted live entertainment venue agreement as governed by
				205 CMR 126.00:
Impacted Live Entertainment Venues.
Significant and Material Adverse
				Impact
means a substantial negative affect on a host community,
				surrounding community, or impacted live entertainment venue from an unforeseen
				event, act, or circumstance occurring after a mitigation agreement is executed
				and which directly undermines a basic premise on which the mitigation agreement
				was made, a principal purpose of the mitigation agreement, or a vital portion
				of the mitigation agreement without fault of the affected
				party.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 127.00 - Reopening Mitigation Agreements › Section 127.02 - Reasons for Reopening a Mitigation Agreement

Current through Register 1525, July 5, 2024
Unless a mitigation agreement provides otherwise or provides a
				different remedy, the parties to a mitigation agreement may reopen negotiations
				on a signed mitigation agreement pursuant to any of the following triggering
				events:
(1) In the event that an
			 applicant or licensee is granted a gaming license subject to the issuance of
			 the secretary of EOEEA's certificate on the applicant's final, supplemental, or
			 single environmental impact report pursuant to
			 301 CMR 11.08(8)
			  and
			 205 CMR
			 120.02:
Conditions of Licensure,
and the project as so certified and mitigated in accordance with the
			 secretary of EOEEA's certificate would, if the applicant receives a final
			 license from the commission, likely cause a significant and material adverse
			 impact.
(2) In the event that an
			 applicant or licensee is granted a gaming license subject to the issuance of a
			 federal, state or local permit or approval, and the permit or approval is
			 either denied or issued in a manner such that the project would, if the
			 applicant receives a final license from the commission, likely cause a
			 significant and material adverse impact.
(3) An occurrence that is likely to cause a
			 significant and material adverse impact.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 127.00 - Reopening Mitigation Agreements › Section 127.03 - Negotiations to Reopen a Mitigation Agreement

Current through Register 1525, July 5, 2024
In the event that a party to a mitigation agreement believes
				that a triggering event in accordance with
				205 CMR
				127.02 has occurred, it may take the
				following actions:
(1) Request that
			 the other party voluntarily enter into discussions to supplement or amend the
			 mitigation agreement. A party that receives such a request shall enter into
			 such discussions where it is reasonably clear that one of the triggering events
			 provided in
			 205 CMR
			 127.02 has occurred. Supplemental or amended
			 mitigation agreements must be filed with the commission promptly upon
			 execution.
(2) Petition the
			 commission to mandate the reopening of the mitigation agreement. The petition
			 shall clearly set forth the facts and circumstances supporting the request, and
			 shall contain either:
(a) A sworn statement
			 by the petitioning party that an impasse has been reached in the discussions
			 referenced in 205 CMR 127.03(1); or
(b) A sworn statement by the petitioning
			 party that the other party has refused to engage in the discussions referenced
			 in 205 CMR 127.03(1).
Petitions under 205 CMR 127.03(2) shall be delivered to the
				commission and to every party to the mitigation agreement in hand or by any
				form of email requiring a return receipt. Responses shall be delivered to the
				commission and to every party to the mitigation agreement in hand or by any
				form of email requiring a return receipt not later than 14 days after delivery
				of the petition.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 127.00 - Reopening Mitigation Agreements › Section 127.04 - Commission Review of a Petition to Reopen a Mitigation Agreement

Current through Register 1525, July 5, 2024
The commission shall review any petition filed in accordance
				with
				205 CMR
				127.03(2)  and grant the
				petition if it finds that a triggering event referenced in
				205 CMR
				127.02 has occurred and that re-opening the
				mitigation agreement and allowing it to be amended as proposed will not
				substantially change the project as it was described in the host community
				agreement or the concise summary provided as part of the ballot created for the
				host community election.
The commission may convene a hearing on the petition on its own
				volition or if requested by a party. Upon granting the petition, the commission
				shall order the parties to re-negotiate any affected provision of the
				mitigation agreement specified by the commission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 127.00 - Reopening Mitigation Agreements › Section 127.06 - Voluntary Reopening of a Mitigation Agreement

Current through Register 1525, July 5, 2024
In addition to the reasons stated in
				205 CMR
				127.02 the parties to a mitigation agreement
				may reopen the mitigation agreement for any reason stated in the mitigation
				agreement itself, provided that in the case of a host community agreement the
				option to reopen the agreement and the condition under which such agreement may
				be reopened has been described in the fair, concise summary referenced in
				M.G.L. c. 23K, § 15(13) and
				205 CMR
				124.05.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 128.00 - Form Of The Gaming License › Section 128.01 - Form of the Gaming License

Current through Register 1525, July 5, 2024
(1) The commission,
			 after selection of a particular qualified and suitable applicant to receive
			 either a Category 1 or Category 2 gaming license shall issue a formal license
			 document which shall contain the following information:
(a) A complete identification of the
			 applicant's identity, address and the agent for all service of process by
			 agencies and agents involved in regulating the gaming industry in the
			 commonwealth;
(b) The category and
			 term of the license;
(c) The
			 document shall contain an official commission serial number and be printed on
			 security protected paper material utilized in the financial and securities
			 industries;
(d) A statement that
			 all statutory conditions set forth in M.G.L. c. 23K, § 21 are incorporated
			 by reference, included as if completely set forth therein and made a part of
			 the issued form of gaming license;
(e) A statement that all additional
			 conditions set forth by the commission shall also be incorporated by reference,
			 included as if completely set forth therein and also made a part of the issued
			 form of the gaming license;
(f) The
			 form of gaming license shall depict the official seal of the Commonwealth of
			 Massachusetts and be signed by the chair of the commission after receiving a
			 commission resolution authorizing such license issuance and signature
			 execution.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 129.00 - Review Of A Proposed Transfer Of Interests › Section 129.01 - 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 116.08 through 116.10 will result in a change of control,
			 the proposed transferee shall, as a condition of the transfer, unless otherwise
			 allowed by the commission in accordance with 205 CMR 129.01(2), provide the
			 commission with a written agreement to assume all obligations of the gaming
			 licensee including, but not limited to, commitments made in the RFA-2
			 application, all terms and conditions contained in the gaming license,
			 operation certificate, host community agreement, surrounding community
			 agreements, impacted live entertainment venue agreements, and any other
			 associated agreements, and all permits, licenses, and other approvals issued by
			 any federal, state, and local governmental agencies concerning the construction
			 and operation of the gaming establishment. 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 including any
			 pre-approval requirements contained in a governing host community
			 agreement.
(2) Prior to submitting
			 the written agreement referenced in 205 CMR 129.01(1), a proposed transferee
			 may petition the commission to allow for the modification of any terms,
			 conditions, or agreements applicable to the gaming license held by the
			 transferor, provided that the modifications are not inconsistent with the
			 provisions of
			 205 CMR 127.00:
Reopening Mitigation Agreements
or any other applicable
			 provisions of M.G.L. c. 23K and 205 CMR.
(3) Notwithstanding 205 CMR 129.01(1), the
			 commission may in its discretion require submission of any RFA-2 material as
			 described in
			 205 CMR
			 119.00:
Phase 2 Application
to assist
			 in its determination as to whether to allow a modification in accordance with
			 205 CMR 129.01(2) and/or approve a transfer of interests in accordance with 205
			 CMR 116.09:
Approval
.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 130.00 - Conservators › Section 130.02 - Appointment

Current through Register 1525, July 5, 2024
(1) Upon revocation or suspension of a gaming
			 license or upon the failure or refusal to renew a gaming license, the
			 commission may appoint a conservator to temporarily manage and operate the
			 business of the gaming licensee relating to the gaming establishment.
(2) Prior to appointment, a candidate must
			 submit to the commission a Multi-jurisdictional Personal History Disclosure
			 form in accordance with
			 205 CMR
			 111.03:
Multi-jurisdictional Personal
			 History Disclosure Form
and a Massachusetts Supplement Form in
			 accordance with
			 205 CMR
			 111.04:
Massachusetts Supplemental
			 Form.
An investigation shall be undertaken and a recommendation made
			 by the bureau in accordance with
			 205
			 CMR 115.03:
Phase 1 Investigation and
			 Recommendations by the Bureau.
All costs incurred by the commission
			 and the bureau for conducting an investigation into any conservator or
			 potential conservator shall be paid from the revenues of the gaming
			 establishment.
(3) The appointment
			 shall be made by vote of the commission by a written instrument which outlines
			 all terms and conditions of the appointment as provided in
			 205 CMR
			 130.00 and M.G.L. c. 23K, § 34.
(4) Upon appointment, the person shall be
			 designated a temporary key gaming employee and deemed licensed as such in
			 accordance with M.G.L. c. 23K, § 30.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 130.00 - Conservators › Section 130.03 - Qualifications of the Conservator

Current through Register 1525, July 5, 2024
(1) A
			 conservator shall be an individual of similar or greater experience in the
			 field of gaming management to the person they are succeeding.
(2) If the conservator is replacing a gaming
			 licensee they shall have experience operating a gaming establishment of similar
			 caliber in another jurisdiction.
(3) At the time of the appointment, the
			 conservator shall be in good standing in all jurisdictions in which the
			 conservator operates, or has operated, a gaming establishment.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 130.00 - Conservators › Section 130.04 - Insurance

Current through Register 1525, July 5, 2024
The former or suspended gaming licensee shall purchase
				liability insurance, in an amount determined by the commission at the time of
				the appointment of a conservator, to protect a conservator from liability for
				any acts or omissions of the conservator during the conservator's appointment
				which are reasonably related to and within the scope of the conservator's
				duties. A copy of the policy shall be filed with the
				commission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 130.00 - Conservators › Section 130.05 - Terms, Conditions, and Duties of Conservator

Current through Register 1525, July 5, 2024
(1) A conservator shall, before assuming,
			 managerial or operational duties, execute and file a bond for the faithful
			 performance of its duties payable to the commission with such surety and in
			 such form and amount as the commission shall approve at the time of
			 appointment.
(2) The terms of
			 compensation shall be fixed by the commission at the time of appointment of the
			 conservator. The terms shall include a requirement that the conservator submit
			 itemized billings for expenses to the commission on a monthly basis, which
			 billings shall be considered by the commission for reasonableness. Payment of
			 compensation and expenses shall be made from the revenues of the gaming
			 establishment.
(3) The conservator
			 shall file reports with the commission regarding the management and operation
			 of the gaming establishment in the form and at such intervals as the commission
			 may prescribe at the time of appointment.
(4) The conservator shall take possession
			 immediately of all books and records relating to the gaming
			 establishment.
(5) The conservator
			 shall be responsible for ensuring that all taxes relating to the gaming
			 establishment are paid in a timely fashion.
(6) The conservator shall abide by all
			 licensing provisions, including compliance with host community, surrounding
			 community, and impacted live entertainment venue mitigation agreements,
			 applicable to the former or suspended gaming licensee upon
			 appointment.
(7) The conservator
			 may, by approval of the commission, appoint any consultants needed to assist in
			 the operation of the gaming establishment; provided, however, that the
			 commission may require any such consultant to submit the completed forms,
			 undergo the investigation, and receive an appointment as a designated temporary
			 key gaming employee in accordance with
			 205 CMR 130.02(2) through
			 (4) or to undergo such other investigation
			 into the background, integrity, honesty, character, reputation, financial
			 stability, criminal history and responsibility of the consultant as the
			 commission may require. All costs incurred by the commission and the bureau for
			 conducting an investigation into any such consultant or potential consultant
			 shall be paid from the revenues of the gaming establishment.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 130.00 - Conservators › Section 130.06 - Termination of the Conservatorship

Current through Register 1525, July 5, 2024
The conservatorship shall serve at the pleasure of the
				commission and shall continue until terminated by the commission:
(1) upon the award of a new gaming license
			 pursuant to
			 205 CMR
			 131.02; or
(2) upon the voluntary resignation of the
			 conservator in which case the commission shall appoint a new conservator in
			 accordance with
			 205 CMR
			 130.00; or
(3) upon a non-reviewable finding by the
			 commission to appoint a replacement in accordance with this
			 205 CMR
			 130.00.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 131.00 - Awarding Of A New Gaming License › Section 131.01 - Commencement of Application Process

Current through Register 1525, July 5, 2024
In the event of a revocation of, or failure to renew a gaming
				license the commission shall initiate proceedings in accordance with
				205 CMR 131.00 to award a
				new gaming license to a qualified applicant as promptly as
				possible.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 131.00 - Awarding Of A New Gaming License › Section 131.02 - Application and Award of a New Gaming License

Current through Register 1525, July 5, 2024
(1) Prior to soliciting applications, the
			 commission shall determine the required minimum capital investment by an
			 applicant into the preexisting gaming establishment. In making the
			 determination the commission shall consider, among other things, the length of
			 time the establishment has been in operation, the amount of the initial capital
			 investment, and reason the previous gaming license was revoked or not
			 renewed.
(2) The new gaming
			 licensee's gaming establishment must be located at the site of the preexisting
			 gaming establishment.
(3) Upon
			 transfer of good, clear, record, marketable title in the gaming establishment
			 to the new licensee, the new licensee shall pay to the prior licensee the fair
			 market value of the gaming establishment. If the new licensee and the prior
			 licensee are unable to come to an agreement on the fair market value within 60
			 days of the date that the new licensee is approved by the commission, the
			 following arbitration procedure shall apply:
(a) The new licensee and the prior licensee
			 shall select a neutral, independent arbitrator and submit their calculated fair
			 market value to the arbitrator and to the other party along with any supporting
			 materials. If the parties cannot mutually select such single arbitrator, each
			 party shall select one neutral, independent arbitrator who shall then mutually
			 choose a third neutral, independent arbitrator. In the event that a third
			 neutral, independent arbitrator is not selected within five days of the first
			 two arbitrators being selected, the commission or its designee shall select the
			 third neutral, independent arbitrator. The parties shall promptly submit their
			 calculated fair market value for the gaming establishment to the arbitrators
			 and the other party along with any supporting materials. The three arbitrators
			 shall preside over the matter and determine the fair market value of the gaming
			 establishment by majority vote.
(b)
			 The reasonable fees and expenses of the single arbitrator shall be paid by the
			 prior licensee. In the event that three arbitrators are engaged, two thirds of
			 the reasonable fees and expenses shall be paid by the prior licensee and 1/3
			 shall be paid by the new licensee.
(c) Within 30 days after receipt of the
			 parties' submissions under 205 CMR 131.02(3)(a), the arbitrator(s) shall
			 conduct any necessary proceedings and file with the commission, and issue to
			 the parties, a report specifying the fair market value of the gaming
			 establishment. In reaching the final decision, the arbitrator(s) shall employ
			 procedures customarily accepted by the appraising profession as
			 valid.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 132.00 - Discipline of a Gaming License › Section 132.01 - Discipline of a Gaming License

Current through Register 1525, July 5, 2024
(1)
Grounds for Action
. In addition to the reasons
			 specifically provided for throughout 205 CMR, a gaming license or racing
			 meeting license may be conditioned, suspended, or revoked, and/or the licensee
			 assessed a civil administrative penalty if it is determined that:
(a) A licensee engaged in an act or practice
			 that caused irreparable harm to the security and integrity of the gaming
			 establishment or the interests of the Commonwealth in ensuring the security and
			 integrity of gaming;
(b)
			 Circumstances have arisen that render the licensee unsuitable under M.G.L. c.
			 23K, §§ 12 and 16;
(c) A
			 licensee failed to comply with its approved system of internal controls in
			 accordance with
			 205 CMR
			 138.02:
Licensee's System of Internal
			 Controls;
(d) A licensee
			 refused or was unable to separate itself from an unsuitable
			 qualifier;
(e) As provided in
			 M.G.L. c. 23K, § 23(b), a licensee:
1.
			 has committed a criminal or civil offense under M.G.L. c. 23K or under any
			 other laws of the commonwealth;
2.
			 is not in compliance with 205 CMR or is under criminal investigation in another
			 jurisdiction;
3. has breached a
			 condition of licensure;
4. has
			 affiliates, close associates or employees that are not qualified or licensed
			 under M.G.L. c. 23K and 205 CMR with whom the gaming licensee continues to
			 conduct business or employ;
5. is
			 no longer capable of maintaining operations at a gaming establishment;
			 or
6. whose business practice, upon
			 a determination by the commission, is injurious to the policy objectives of
			 M.G.L. c. 23K; or
(f) A
			 licensee failed to abide by any provision of M.G.L. c. 23K, 205 CMR, condition
			 of gaming license, or order of the commission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 133.00 - Voluntary self-exclusion › Section 133.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
In accordance with M.G.L. c. 23K, § 45(f), the commission
				shall establish a list of self-excluded persons from gaming establishments.
				205 CMR
				133.00 shall govern the procedures and protocols
				relative to the list of persons self-excluded from entering the gaming area of
				a gaming establishment or any area in which pari-mutuel or simulcasting wagers
				are placed. The voluntary self-exclusion list shall consist of names and
				information relative to those individuals who have complied with the
				requirement of
				205 CMR
				133.00 and have been placed on the list by the
				commission. Placement of one's name on the voluntary 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 gaming area of a gaming establishment or any area in
				which pari-mutuel or simulcasting wagers are placed.
For purposes of
				205 CMR
				133.00, the term 'problem gambler' shall mean an
				individual who believes their gambling behavior is currently, or may in the
				future without intervention, cause harm in their life or on the lives of their
				family, friends, and/or co-workers.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 133.00 - Voluntary self-exclusion › Section 133.03 - 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 following content:
(1) Name, home address, email address or
			 telephone number, date of birth, and last four digits of social security number
			 of the applicant;
(2) A passport
			 style photo of the applicant without headwear, unless worn daily for religious
			 purposes and provided that the applicant's facial features are not
			 obscured;
(3) A statement from the
			 applicant that one or more of the following apply:
(a) they identify as a problem gambler as
			 defined in
			 205 CMR
			 133.01;
(b) they feel that their gambling behavior is
			 currently causing problems in their life or may, without intervention, cause
			 problems in their life; or
(c)
			 there is some other reason why they wish to add their name to the
			 list.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 133.00 - Voluntary self-exclusion › Section 133.04 - Duration of Exclusion and Removal from the List

Current through Register 1525, July 5, 2024
(1) As part of the request for voluntary
			 self-exclusion, the individual must select the duration for which they wish to
			 be voluntarily excluded. An individual may select any of the following time
			 periods as a minimum length of exclusion:
(a)
			 One year;
(b) Three
			 years;
(c) Five years; or
(d) Lifetime. (An individual may only select
			 the lifetime duration if their name has previously appeared on the voluntary
			 self-exclusion list for at least six months.)
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 133.00 - Voluntary self-exclusion › Section 133.05 - Maintenance and Custody of the List

Current through Register 1525, July 5, 2024
(1) The
			 commission shall maintain an up-to-date database of the voluntary
			 self-exclusion list. Gaming licensees shall be afforded a minimum of five
			 licenses to access the voluntary self-exclusion list. Persons afforded a
			 license are authorized by the commission to access the voluntary self-exclusion
			 list for the purpose of administering the voluntary self-exclusion program. All
			 information contained in approved applications for voluntary exclusion may be
			 disclosed to a gaming licensee.
(2)
			 The list of voluntary self-exclusion is exempt from disclosure under M.G.L. c.
			 66 and shall not be publicly disclosed by a gaming licensee. However, a gaming
			 licensee may share the list with its affiliates in other jurisdictions for the
			 purpose of assisting in the proper administration of responsible gaming
			 programs operated by affiliated gaming establishments. Additionally, a gaming
			 licensee shall include the names and contact information of individuals on the
			 voluntary self-exclusion list in its aggregated no marketing list to be shared
			 with junket enterprises and junket representatives in accordance with
			 205 CMR
			 134.06(5)(b)  for the
			 purpose of effectuating the intent of the voluntary self-exclusion program.
			 Such disclosure shall not be a violation of M.G.L. c. 23K, § 45.
(3) The commission may disclose de-identified
			 information from the voluntary self-exclusion list to one or more research
			 entities selected by the commission for the purpose of evaluating the
			 effectiveness and ensuring the proper administration of the self-exclusion
			 process.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 133.00 - Voluntary self-exclusion › Section 133.07 - Sanctions against a Gaming Licensee

Current through Register 1525, July 5, 2024
(1)
Grounds for Action
. A gaming license may be
			 conditioned, suspended, or revoked, and/or the gaming licensee assessed a civil
			 administrative penalty if it is determined that a gaming licensee has:
(a) knowingly or recklessly failed to exclude
			 or eject from its premises any individual placed on the voluntary
			 self-exclusion list. Provided, it shall not be deemed a knowing or reckless
			 failure if an individual on the voluntary self-exclusion list shielded their
			 identity or otherwise attempted to avoid identification while present at a
			 gaming establishment; or
(b) failed
			 to abide by any provision of
			 205 CMR
			 133.00, M.G.L. c. 23K, § 45, the gaming
			 licensee's approved written policy for compliance with the voluntary
			 self-exclusion program pursuant to
			 205 CMR
			 133.06(9), or any law
			 related to the voluntary self-exclusion of patrons in a gaming establishment.
			 Provided, a gaming licensee shall be deemed to have marketed to an individual
			 on the voluntary self-exclusion list only if marketing materials are sent
			 directly to an address, email address, telephone number, or other contact
			 identified by the individual on their application.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 133.00 - Voluntary self-exclusion › Section 133.08 - Collection of Debts

Current through Register 1525, July 5, 2024
(1) An individual
			 who is prohibited from gaming in a gaming establishment under
			 205 CMR
			 133.00 shall not be entitled to recover losses as a
			 result of prohibited gaming based solely on their inclusion on the
			 list.
(2) Nothing in
			 205 CMR
			 133.00 shall be construed so as to prohibit a gaming
			 licensee from seeking payment of a debt from an individual whose name is on the
			 voluntary self-exclusion list if the debt was accrued by the individual before
			 their name was placed on the list.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 134.00 - Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations › Section 134.01 - Key Gaming Employee Licensees

Current through Register 1525, July 5, 2024
No individual shall be employed by or perform services for a
				gaming licensee as a key gaming employee, as defined by M.G.L. c. 23K, §
				2, unless the individual has been licensed in accordance with M.G.L. c. 23K,
				§ 30 and
				205 CMR
				134.00. There shall be two categories of key gaming
				employee licensees: key gaming employee-executive and key gaming
				employee-standard.
(1) An individual
			 holding one of the following positions, and any person in a similar or
			 equivalent position, regardless of job title, whose employment relates to
			 gaming shall be designated as a key gaming employee-executive:
(a) Assistant General Manager;
(b) Chief Internal Audit Officer;
(c) Gaming Manager;
(d) Chief Financial Officer;
(e) Chief of Security;
(f) General Manager;
(g) Chief Surveillance Officer;
(h) Chief Compliance Officer;
(i) Principal executive Officer;
(j) Principal operating Officer;
(k) Principal accounting Officer;
(l) Chief Information Officer;
(m) Other executive level employees who are
			 not identified as a key gaming employee standard in accordance with 205 CMR
			 134.01(2) as determined by the commission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 134.00 - Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations › Section 134.03 - Gaming Service Employees

Current through Register 1525, July 5, 2024
(1)
(a) An individual employed by a gaming
			 licensee who is not classified as a key gaming employee in accordance with
			 205
			 CMR 134.01, or a gaming employee in
			 accordance with
			 205
			 CMR 134.02, shall be designated as a gaming
			 service employee and shall register in accordance with
			 205
			 CMR 134.09 prior to engaging in the provision
			 of employment services. An individual employed by a vendor of a gaming
			 establishment for work in a gaming establishment shall be considered a gaming
			 service employee, unless otherwise specified in
			 205
			 CMR 134.02.
(b) Pursuant to St. 2017, c. 110, § 3,
			 the commission may, in its discretion, exempt certain gaming service employees
			 by job position from the registration requirement. The commission, or its
			 designee, may require a gaming licensee to produce any information deemed
			 necessary to evaluate the essential functions of a job position. The commission
			 may at any time, in its discretion, revisit any job position.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 134.00 - Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations › Section 134.04 - Vendors

Current through Register 1525, July 5, 2024
No person shall conduct business with a gaming licensee as a
				vendor unless such person has been licensed as a gaming vendor, as defined by
				M.G.L. c. 23K, § 2, or registered as a non-gaming vendor, as defined by
				M.G.L. c. 23K, § 2, in accordance with
				205 CMR
				134.00. A person shall be considered to be conducting
				business upon commencement of performance of a contract or provision of a good
				or service.
A subcontractor to a vendor shall not be required to obtain
				licensure or registration under
				205 CMR
				134.00. For purposes of
				205 CMR
				134.00, a subcontractor shall be considered a person
				that contracts with a licensed or registered vendor to provide goods or
				services necessary to fulfill the licensed or registered vendor's contract with
				a gaming licensee. As part of the application process, vendors shall be
				required to identify all of its known or anticipated subcontractors and shall
				have a continuing duty to update the Bureau relative to the identification of
				any new subcontractors. The Bureau may, at its discretion, require the
				submission of additional information and documents including, but not limited
				to, the Subcontractor Information Form as provided in
				205
				CMR 134.07(11).
(1)
Gaming Vendors
.
(a)
Gaming
			 Vendors-primary
. A person who conducts business with a gaming
			 applicant or gaming licensee on a regular or continuing basis for provision of
			 goods or services which directly relates to gaming, as defined by M.G.L. c.
			 23K, § 2 including, but not limited to, a person who does any of the
			 following, shall be designated as a gaming vendor-primary:
1. Manufactures, sells, leases, supplies, or
			 distributes devices, machines, equipment (except gaming table layouts),
			 accessories, or items that meet at least one of the following conditions:
a. are designed for use in a gaming area as
			 defined by M.G.L. c. 23K, § 2;
b. are designed for use in a simulcast
			 wagering area;
c. are used in
			 connection with a game in the gaming area;
d. have the capacity to affect the
			 calculation, storage, collection, electronic security, or control of the gaming
			 revenues from a gaming establishment.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 134.00 - Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations › Section 134.05 - Labor Organizations

Current through Register 1525, July 5, 2024
(1) Each labor
			 organization, union or affiliate seeking to represent employees who are
			 employed at a gaming establishment shall register with the commission in
			 accordance with 205 CMR 134.05.
(2)
			 Within 30 days of the date on which it begins organizing activities directed at
			 the employees who are employed in a gaming establishment, a labor organization,
			 union or affiliate shall file with the Division of Licensing a labor
			 organization registration statement in accordance with
			 205 CMR
			 134.08. Organizing activities shall include,
			 without limitation, soliciting membership by means of any direct personal
			 contact, or any public notices such as the posting or distribution of fliers,
			 posters or advertisements.
(3)
			 Neither a labor organization, union, or affiliate, nor its officers who are not
			 otherwise licensed or registered as a key gaming employee, gaming employee,
			 gaming service employee, gaming vendor, gaming vendor qualifier, or non-gaming
			 vendor, may hold any financial interest in a gaming establishment whose
			 employees are represented by the labor organization, union, or
			 affiliate.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 134.00 - Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations › Section 134.06 - Junket Enterprises and Junket Representatives

Current through Register 1525, July 5, 2024
(1)
Licensing
. No
			 person shall conduct business with a gaming licensee as a junket enterprise or
			 junket representative unless such person has been licensed in accordance with
			 205 CMR 134.00. A person
			 shall be considered to be conducting business upon commencement of performance
			 of a contract or provision of a service. A gaming licensee acting as a junket
			 enterprise shall not be required to obtain additional licensure pursuant to 205
			 CMR 134.06.
All junket enterprise and junket representative license
				applications submitted pursuant to
				205 CMR 134.00 shall include
				proof of the junket enterprise or junket representative's business relationship
				with a gaming licensee in the manner prescribed by the Division of
				Licensing.
(2)
Complimentary Services Exception
. An offer by a gaming
			 licensee to pay for the cost of transportation, food, lodging, and
			 entertainment for a person in an amount to be determined by the actual gaming
			 activities of that person after his or her arrival at the gaming establishment
			 shall be deemed to be an offer of complimentary services or item, as defined in
			 M.G.L. c. 23K, § 2, for the purposes of whether an arrangement involving
			 such an offer is a junket within the meaning of M.G.L. c. 23K, § 2, and
			 205 CMR 134.06.
(3)
Selection of Persons for Participation in Junket
.
(a) As used in M.G.L. c. 23K, § 2,
			 selection or approval of a person "for participation in a junket on the basis
			 of the person's ability to satisfy a financial qualification obligation related
			 to the person's ability or willingness to gamble" shall be deemed to occur
			 whenever a person, as an element of the arrangement, is required to:
1. Establish gaming credit with a gaming
			 licensee;
2. Establish a customer
			 deposit with a gaming licensee;
3.
			 Demonstrate to a gaming licensee or agent thereof the availability of a
			 specified amount of cash, cash equivalent, or gaming chips;
4. Gamble to a predetermined level at a
			 gaming establishment; or
5. Comply
			 with any similar obligation.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 134.00 - Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations › Section 134.07 - Forms

Current through Register 1525, July 5, 2024
(1)
(a)
Key Gaming Employee and Gaming Employee License Application
			 Forms
. Every individual applying for a key gaming employee license
			 or a gaming employee license shall be obligated to complete and submit an
			 application to the Division of Licensing. Said application forms shall be
			 created by the Bureau, subject to the approval of the commission. The Division
			 of Licensing may make non-material changes to the form. The license application
			 forms for key gaming employees and gaming employees shall require, at a
			 minimum, the following information:
1. the
			 name of applicant;
2. the address
			 of applicant;
3. a detailed
			 employment history of the applicant, as prescribed by the Bureau;
4. the fingerprints of the
			 applicant;
5. the criminal and
			 arrest record of the applicant; and
6. any civil judgments obtained against the
			 applicant pertaining to antitrust or security regulation.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 134.00 - Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations › Section 134.10 - Affirmative License Standards for the Licensing of Employees and Vendors of the Gaming Establishment

Current through Register 1525, July 5, 2024
(1) An applicant for
			 a key gaming employee license, gaming employee license, gaming vendor license,
			 and a gaming vendor qualifier shall establish its individual qualifications by
			 clear and convincing evidence.
(2)
			 In determining whether an applicant for licensure is suitable for purposes of
			 being issued a key gaming employee license, gaming employee license or gaming
			 vendor license, or for having any of these licenses renewed, the Bureau shall
			 evaluate and consider the overall reputation of the applicant and qualifiers,
			 if any, including, without limitation:
(a) the
			 integrity, honesty, good character and reputation of the applicant and
			 qualifiers;
(b) the financial
			 stability, integrity, and background of the applicant and qualifiers;
(c) whether the applicant and its qualifiers
			 have a history of compliance with gaming licensing requirements in other
			 jurisdictions;
(d) whether the
			 applicant or any qualifier, at the time of application, is a defendant in
			 litigation;
(e) whether the
			 applicant is disqualified from receiving a license under 205 CMR
			 134.10(3);
(f) whether the
			 applicant or any qualifier has been convicted of a crime of moral
			 turpitude;
(g) whether, and to what
			 extent, the applicant or any qualifier has associated with members of organized
			 crime and other persons of disreputable character;
(h) the extent to which the applicant and
			 qualifiers have cooperated with the Bureau in connection with the background
			 investigation; and
(i) (for
			 vendors) the integrity, honesty, and good character of any
			 subcontractor.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 134.00 - Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations › Section 134.11 - Affirmative Registration Standards for the Registration of Employees and Vendors of the Gaming Establishment and Labor Organizations

Current through Register 1525, July 5, 2024
(1) Upon submission of an administratively
			 complete registration form as a gaming service employee or non-gaming vendor,
			 the Division of Licensing shall issue the registration on behalf of the
			 commission in accordance with
			 205
			 CMR 134.09(1). A
			 registration may be denied or subsequently revoked if it is determined that the
			 applicant is disqualified in accordance with 205 CMR 134.11(2) or unsuitable
			 for any criteria identified in 205 CMR 134.11(3).
(2) The Bureau and commission shall deny
			 and/or revoke a registration as a gaming service employee or non-gaming vendor
			 if the person:
(a) has been convicted of a
			 felony or other crime involving embezzlement, theft, fraud or perjury; except
			 that for such disqualifying convictions under M.G.L. c. 23K, § 16, and 205
			 CMR 134.11(2)(a) which occurred before the ten-year period immediately
			 preceding submission of the registration, the Bureau may, in its discretion,
			 decline to deny or revoke the registration of a person who affirmatively
			 demonstrates rehabilitation in accordance with 205 CMR 134.11(4).
(b) submitted a registration form under
			 M.G.L. c. 23K, § 30, and
			 205 CMR 134.00 that
			 willfully, knowingly or intentionally contains false or misleading
			 information;
(c) committed prior
			 acts which have not been prosecuted or in which the registrant was not
			 convicted, but form a pattern of misconduct that makes the registrant
			 unsuitable; or
(d) has affiliates
			 or close associates that would not qualify for a license or whose relationship
			 with the registrant may pose an injurious threat to the interests of the
			 Commonwealth in awarding a registration.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 134.00 - Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations › Section 134.12 - Temporary Licenses

Current through Register 1525, July 5, 2024
(1)
Temporary Licenses for Employees
.
(a) Upon petition to the commission by a
			 gaming licensee, the commission may issue a temporary license to an applicant
			 for a key gaming employee license or a gaming employee license if:
1. the applicant for a key gaming employee
			 license or a gaming employee license has filed a completed application with the
			 commission and has submitted all of the disclosure forms as required by the
			 Division of Licensing; and
2. the
			 gaming licensee certifies, and the commission finds, that the issuance of a
			 temporary license is necessary for the operation of the gaming establishment
			 and is not designed to circumvent the normal licensing
			 procedures.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 134.00 - Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations › Section 134.13 - Fingerprinting

Current through Register 1525, July 5, 2024
Each applicant for a key gaming employee license, gaming
				employee license, gaming service employee registration, and each qualifier for
				a gaming vendor applicant or licensee, shall be fingerprinted under the
				supervision of the commission. Each such applicant shall provide identification
				at the time of fingerprinting in the manner required by the Bureau. The Bureau
				in its discretion may require one or more officers or employees of any
				non-gaming vendor registrant to be fingerprinted under the supervision of the
				commission. The commission may, for good cause shown, permit an applicant to
				alternatively submit two sets of classifiable fingerprints on fingerprint
				impression cards provided by the commission.