Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 119.00 - Phase 2 Application › Section 119.01 - Contents of the Application

Current through Register 1525, July 5, 2024
The RFA-2 application form shall be designed to require
				applicants to demonstrate that they have thought broadly and creatively about
				creating an innovative and unique gaming establishment that will create a
				synergy with, and provide a significant and lasting benefit to, the residents
				of the host community, the surrounding communities, the region, and the
				Commonwealth of Massachusetts, and will deliver an overall experience that
				draws both residents and tourists to the gaming establishment and the
				Commonwealth of Massachusetts. Further, the RFA-2 application shall require
				attestation of the applicant under the pains and penalties of perjury as to the
				truthfulness of the contents of the submission, and shall require, at a
				minimum, provision of the following information on and in the form prescribed
				by the commission:
(1) the name of the
			 applicant; and
(2) the mailing
			 address and, if a business entity, the name of the state under the laws of
			 which it is incorporated, organized, formed, or registered , the location of
			 its principal place of business and the names and addresses of its owners,
			 members, partners, directors and/or stockholders; and
(3) an attestation that the qualifiers
			 identified by the commission in accordance with
			 205 CMR 116.00:
Persons Required to Be Licensed or Qualified
and deemed
			 suitable under the RFA-1 process in accordance with
			 205 CMR 115.00:
Phase 1 Suitability Determination, Standards and Procedures
maintain the association with the applicant previously identified in
			 the RFA-1 process;
(4) a copy of
			 the host community agreement executed by the applicant and the host community
			 that includes provision for a community impact fee; and
(5) information demonstrating how the
			 applicant proposes to address host community impact and mitigation issues as
			 set forth in the host community agreement required under
			 205 CMR
			 123.00:
Host Communities
during both
			 the construction and operation of the proposed gaming establishment;
			 and
(6) a listing of the
			 infrastructure costs of the host community incurred in direct relation to the
			 construction and operation of a gaming establishment and a statement to commit
			 to a community mitigation plan for that community; and
(7) a certificate showing that the applicant
			 has received a certified and binding positive vote on a ballot question at an
			 election in the host community in favor of the license; and
(8) a copy of all surrounding community
			 agreements it has executed, if any; and
(9) a list identifying any community it
			 believes to be a surrounding community in accordance with
			 205
			 CMR 125.01(1)(a)  that it
			 has not executed a surrounding community agreement with, if any; and
(10) information demonstrating how the
			 applicant proposes to address surrounding community impact and mitigation
			 issues as set forth in the surrounding community agreements required under
			 205 CMR
			 125.00:
Surrounding Communities
during both the construction and operation of the proposed gaming
			 establishment; and
(11) a listing
			 of the infrastructure costs of the surrounding community incurred in direct
			 relation to the construction and operation of a gaming establishment and a
			 statement committing to a community mitigation plan for those communities;
			 and
(12) a description and
			 documentation of all public outreach efforts it made to local communities;
			 and
(13) a description and any
			 documentation outlining the public support for the application from the host
			 and surrounding communities; and
(14) a description as to how the applicant
			 proposes to promote local businesses in host and surrounding communities,
			 including developing cross-marketing strategies with local restaurants, small
			 businesses, hotels, retail outlets and impacted live entertainment venues;
			 and
(15) a copy of all impacted
			 live entertainment venue agreements it has executed, if any; and
(16) a statement as to whether it intends to
			 incorporate a geographic exclusivity clause into agreements with its
			 entertainers engaged to perform at a venue within its proposed Massachusetts
			 gaming establishment, or it has been its past practice to incorporate
			 geographic exclusivity clauses into agreements with its entertainers engaged to
			 perform at its venues and, if so, the nature of such agreements; and
(17) an explanation as to how the applicant
			 proposes to utilize sustainable development principles including, but not
			 limited to:
(a) being certifiable as gold or
			 higher under the appropriate certification category in the Leadership in
			 Environmental and Energy Design program created by the United States Green
			 Building Council;
(b) meeting or
			 exceeding the stretch energy code requirements contained in 780 CMR:
Appendix 120AA
or equivalent commitment to advanced energy
			 efficiency as determined by the secretary of energy and environmental
			 affairs;
(c) efforts to mitigate
			 vehicle trips;
(d) efforts to
			 conserve water and manage storm water;
(e) demonstrating that electrical and HVAC
			 equipment and appliances will be Energy Star labeled where available;
(f) procuring or generating on-site at
			 least10% of its annual electricity consumption from renewable sources qualified
			 by the department of energy resources under M.G.L. c. 28A, § 11F;
			 and
(g) developing an ongoing plan
			 to submeter and monitor all major sources of energy consumption and undertake
			 regular efforts to maintain and improve energy efficiency of buildings in their
			 systems; and