Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 11.00 - Rules And Regulations Regarding The Distribution Of Funds To Purse Accounts Of Licensees › Section 11.05 - Determining Purse Account Distributions to Each Licensee

Current through Register 1525, July 5, 2024
(1) The allocation of the amount of money to
			 be distributed to each licensee shall be based on the considerations cited in
			 St. 2001, c. 139, § 9(h)(6). Each consideration is assigned a point value
			 as reported herein. Points for each consideration will be allocated to each
			 licensee in proportion to the values determined in the criteria listed or
			 defined herein:
(a)
The Relative
			 Needs for Increased Purses of Each Licensee - 30 Points
. Relative
			 needs for increased purses of each licensee is defined as the actual amount
			 paid for purses by each licensee during the meet / calendar year for which the
			 distribution will be made. Each licensee must submit an affidavit attesting to
			 the amount of purses actually paid. All purse accounts are subject to audit by
			 the commission.
(b)
The
			 Number of Live Racing Days Conducted by Each Licensee - 10 Points
.
			 Number of live racing days is defined as the actual number of live performances
			 conducted during the meet / calendar year for which the distribution will be
			 made. Each licensee must submit an affidavit attesting to the number of live
			 racing days. The commission also maintains this data.
(c)
The Amount of Live Racing
			 Handle of Each Licensee - 10 Points
. The amount of live racing
			 handle is defined as the amounts wagered on site at live racing performances
			 (including account wagering and host pools) of each licensee during the meet /
			 calendar year for which the distribution will be made. Each licensee must
			 submit an affidavit attesting to the amount of live account wagering host pool
			 racing handle. The commission also maintains this data.
(d)
The Total Amount of
			 Employment, Both Direct and Indirect, Attributable to Each Licensee - 10
			 Points
. The total amount employment, direct and indirect, is
			 defined as the number of employees who have or will have received a Form W-2
			 and / or Form 1099 MISC for the calendar year for which the distribution will
			 be made. In addition, indirect employment may include people who work at the
			 licensee's facility but not employed by the licensee. These people include
			 sub-contract concession employees, security, maintenance, tote company staff
			 and backstretch workers. Each licensee must submit an affidavit attesting to
			 the numbers of employees, direct and indirect. This data must be supported by
			 Forms W-2 and / or Form 1099 MISC filed or to be filed, a list of people with
			 occupational licensed issued other than those who receive a W-2 of 1099.by the
			 commission and / or statements from sub-contract companies as to the number of
			 employees assigned to that facility. This data is subject to audit by the
			 commission.
(e)
Each
			 Licensee's Total Payroll - 10 Points
. The Licensee's Total Payroll
			 Is Defined as the Total Remuneration Paid to Employees of the Licensee Who Had
			 Received or Will Have Received a Form W-2. Each Licensee must Submit an
			 affidavit attesting to the total remuneration paid to employees. This data is
			 subject to audit by the commission.
(f)
Capital Investments Made by
			 Each Licensee - 10 Points
. Capital investments made by the
			 licensee are defined as equity as reported on the most recent audited balance
			 sheet. Equity of the licensee is the difference between total assets and total
			 liabilities and may be reported as stockholders equity for a corporation,
			 members capital for a limited liability company or net assets for a not for
			 profit company. Each licensee must submit an affidavit attesting to capital
			 investment and that amount must be consistent with audited financial
			 statements. This data is subject to audit by the commission.
(g)
The Amount of Tax Revenue and
			 Other Revenues Payable to the Commonwealth - 10 Points
. The amount
			 of tax revenue and other revenues payable to the commonwealth is defined as the
			 total Massachusetts income tax withheld from employees, Massachusetts sales
			 taxes paid to the commonwealth for calendar year for which the distribution
			 will be made and Massachusetts corporate taxes actually paid or payable for the
			 most recent fiscal year. Each licensee must submit an affidavit attesting to
			 the amounts paid to the commonwealth. Amounts reported must be supported by
			 appropriate source documents such as Forms W-2, M941, sales tax remittance
			 forms, and income tax returns. This data is subject to audit by the
			 commission.
(h)
Total
			 Pari-mutuel Tax Revenue Generated and Payable to the Commonwealth by Each
			 Licensee - 10 Points
. Total pari-mutuel tax revenue generated and
			 payable to the commonwealth is defined as state commissions, assessments,
			 association license fees, occupational license fees, fines, penalties and
			 miscellaneous revenues, other than unclaimed wagers, paid to the commission and
			 deposited in the separate account under the control and supervision of the
			 commission during the meet / calendar year for which the distribution will be
			 made. Each licensee must submit an affidavit attesting to pari-mutuel revenue
			 paid to the commonwealth. The commission also maintains this data.