Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 151.00 - Requirements for the Operations and Conduct of Gaming at a Gaming Establishment › Section 151.01 - Issuance and Posting of Operation Certificate

Current through Register 1525, July 5, 2024
(1) Before conducting gaming at a gaming
			 establishment, or commencing operations of non-gaming amenities, other than for
			 testing purposes in accordance with
			 205 CMR
			 151.03, a gaming licensee must request and
			 obtain from the commission an Operation Certificate. The Operation Certificate
			 shall not issue until the commission has conducted all reviews, including
			 on-site tests and inspections required in accordance with
			 205 CMR 151.00 and otherwise
			 deemed necessary by the commission. The commission may authorize a designee to
			 issue a conditional Operation Certificate, subject to ratification by the full
			 commission, subsequent to a successful test period in accordance with
			 205 CMR
			 151.03 and satisfaction of any other
			 outstanding condition.
(2) The
			 Operation Certificate shall be conspicuously posted within the gaming
			 establishment and shall state the maximum number of gaming positions by type,
i.e.
, slot machines, electronic gaming devices, table games or
			 such other forms of gaming positions approved by the commission.
(3) An Operation Certificate shall not issue
			 unless the gaming licensee has demonstrated to the commission that it has
			 complied with all requirements of M.G.L. c. 23K, 205 CMR, and all applicable
			 laws. Such compliance includes, but is not limited to:
(a) Approval of its system of internal
			 controls in accordance with
			 205 CMR
			 138.02(2)  including
			 implementation of all approved policies and procedures required in accordance
			 with
			 205 CMR
			 138.02(4);
(b) Compliance with all elements of M.G.L. c.
			 23K, § 25(a);
(c) Provision of
			 a current list of all gaming employees;
(d) For category 1 and category 2 gaming
			 licensees, the gaming area and other essential ancillary entertainment services
			 and non-gaming amenities, as determined by the commission, have been built and
			 are of a superior quality and comply with any applicable conditions of
			 licensure;
(e) For category 1
			 gaming licensees, documentation to confirm that total infrastructure
			 improvements onsite and around the vicinity of the gaming establishment,
			 including projects to account for traffic mitigation, are completed in
			 accordance with M.G.L. c. 23K, § 10(c) and the conditions of the gaming
			 licensee's license;
(f) For the
			 category 2 gaming licensee, documentation to confirm that any infrastructure
			 improvements necessary to increase visitor capacity and account for traffic
			 mitigation are completed in accordance with M.G.L. c. 23K, § 11 and the
			 gaming licensee's license conditions;
(g) A copy of an emergency response plan
			 filed with the commission and filed with fire department and police department
			 of the host community shall include, but not be limited to:
1. a layout identifying all areas within the
			 facility and grounds, including support systems and the internal and external
			 access routes;
2. the location and
			 inventory of emergency response equipment and the contact information of the
			 emergency response coordinator for the gaming establishment;
3. the location of any hazardous substances
			 and a description of any public health or safety hazards present on
			 site;
4. a description of any
			 special equipment needed to respond to an emergency at the gaming
			 establishment;
5. an evacuation
			 plan; and
6. any other information
			 relating to emergency response as requested by the commission, the fire
			 department or the police department of the host community.
(h) A copy of the certificate of occupancy
			 issued by a building commissioner or inspector of buildings of the host
			 community in accordance with 780 CMR 111.00:
Certificate of
			 Occupancy
that includes an approval under 521 CMR:
Architectural Access Board
, indicating the necessary use and
			 occupancy to operate the gaming establishment; as well as copies of any other
			 permits required to be issued by the host community prior to the opening of a
			 like facility;
(i) A copy of all
			 certification of operation for all elevators in accordance with M.G.L. c. 143,
			 § 63 and 524 CMR:
Board of Elevator Regulations
;
			 and
(j) Compliance with all
			 applicable terms and condition of the gaming licensee's
			 license.