Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 118.00 - Phase 2 Administrative Proceedings › Section 118.05 - RFA-2 Public Hearing in Host Community

Current through Register 1525, July 5, 2024
(1)
			 For each administratively complete RFA-2 application, the commission shall
			 conduct a public hearing on the application at an open meeting of the
			 commission pursuant to M.G.L. c. 30A, § 20. The commission will send
			 written notice of the public hearing to the applicant for a gaming license and
			 to the city or town clerk of each host and surrounding community at least 30
			 days before the public hearing. The commission will post the notice of the
			 public hearing on its website. The commission shall hold the public hearing
			 within the host community; provided, however, that the commission may hold the
			 public hearing in another city or town upon written request, accompanied by a
			 statement of reasons, from the host community's chief executive officer as
			 defined in M.G.L. c. 4, § 7, cl. Fifth B.
(2) The chair or his or her designee shall
			 preside over the public hearing. The applicant shall attend the public hearing,
			 may make a presentation and respond to questions or public comments as directed
			 by the chair or his or her designee. The applicant shall have at least one
			 individual available who, based on actual knowledge, is prepared to respond on
			 behalf of the applicant to such questions or public comments that can
			 reasonably be anticipated relative to the contents of its RFA-2 application,
			 including the scope and quality of the proposed gaming area and amenities, the
			 integration of the proposed gaming establishment into the host and surrounding
			 communities and the extent of required mitigation plans. Representatives of the
			 host community, representatives of the surrounding communities and
			 representatives of the impacted live entertainment venues may attend the public
			 hearing, may make a presentation and respond to questions as directed by the
			 chair or his or her designee. Others may attend the public hearing and may make
			 a presentation in the discretion of the commission. Prior to the hearing the
			 commission will prescribe the manner in which it will receive comments from
			 members of the public, and may take the opportunity during the hearing to read
			 into the record any letters of support, opposition or concern from members of a
			 community in the vicinity of the proposed gaming establishment.
(3) For each application, the commission may
			 in its discretion complete the public hearing in one meeting or continue the
			 public hearing over two or more meetings. If the commission adjourns the public
			 hearing, the commission will provide notice of the continued hearing either:
(a) by announcing before adjourning the date,
			 time and place of the continued public hearing and thereafter posting notice of
			 the continued public hearing on the commission's website; or
(b) by sending and posting notice in the
			 manner prescribed in 205 CMR 118.05(1). At the conclusion of the public hearing
			 the commission will vote to close the public hearing.
(1) Not sooner than 30 days nor later than 90
			 days after the commission votes to close the public hearing under 205 CMR
			 118.05(3), the commission shall take action on the application. The commission
			 may:
(a) Grant the application for a gaming
			 license with appropriate conditions in accordance with M.G.L. c. 23K, § 21
			 and
			 205 CMR
			 120.02:
Conditions of
			 Licensure;
(b) Deny the
			 application for a gaming license; or
(c) Extend the period for issuing a decision
			 in order to obtain any additional information deemed necessary by the
			 commission for a complete evaluation of the application; provided, however,
			 that the extension shall be no longer than 30 days.
(2) The commission shall issue not more than
			 three Category 1 licenses throughout the commonwealth, and not more than one
			 Category 1 license per region. Within any region, if the commission is not
			 convinced that there is an applicant that has both met the eligibility criteria
			 and provided convincing evidence that the applicant will provide value to the
			 region in which the gaming establishment is proposed to be located and to the
			 commonwealth, no gaming license shall be awarded in that region.
(3) The commission shall issue not more than
			 one Category 2 license. If the commission is not convinced that there is an
			 applicant that has both met the eligibility criteria and provided convincing
			 evidence that the applicant will provide value to the commonwealth, no Category
			 2 license shall be awarded.
(4)
			 Upon denial of an application, the commission shall prepare and file the
			 commission's 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, pursuant to M.G.L. c. 23K, § 17(f).
(5) For purposes of205 CMR and M.G.L. c. 23K,
			 notwithstanding any conditions included in accordance with M.G.L. c. 23K,
			 § 21 and/or 205 CMR, the award of a gaming license shall be deemed to have
			 occurred immediately upon a majority vote by the commission to issue a license
			 to an applicant.