Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 222.00 - Capital Investment and Monitoring of Project Construction › Section 222.07 - Capital Investment

Current through Register 1525, July 5, 2024
(1) Pursuant to
			 M.G.L. c. 23N, § 3, the minimum capital investment for a Category 2 Sports
			 Wagering Licensee to make on a project in accordance with an approved project
			 plan shall be $7,500,000. The capital investment shall be calculated in
			 accordance with
			 205
			 CMR 222.07(2)  and
			 205
			 CMR 222.07(3).
(2) For purposes of calculating the capital
			 investment for a Category 2 Sports Wagering License, the following costs shall
			 be included:
(a) Costs related to the actual
			 construction of the Sports Wagering Facility and site including any amenities,
			 and including overhead and indirect costs attributable to the construction
			 activities.
(b) Costs related to
			 preparation of the site including, clearing, demolition and abatement.
(c) Costs related to the design of
			 the project, including building design, interior design, and exterior site
			 design.
(d) Costs associated with
			 consulting and due-diligence necessary to fund studies and devise engineering
			 solutions including traffic studies, environmental studies, and other
			 associated mitigation studies.
(e)
			 Costs associated with minimizing the environmental impact of the project
			 including upfront costs aimed at minimizing a carbon footprint or implementing
			 sustainable elements and/or smart growth practices.
(f) Costs associated with designing,
			 improving or constructing the infrastructure inside the property boundaries of
			 the site of the Sports Wagering Facility including those related to drainage,
			 utility support, roadways, interchanges, fill and soil or groundwater or
			 surface water contamination issues, sewer, storm water, landscaping, and public
			 transportation.
(g) Costs
			 associated with the pre-opening purchase of fixtures; equipment; Sports
			 Wagering Equipment including self-service kiosks; simulcasting equipment,
			 provided that the costs associated with simulcasting equipment included in
			 calculating the capital investment shall not exceed ½ of the costs
			 associated with Sports Wagering Equipment included in calculating the capital
			 investment; information technology equipment; safety, surveillance, and
			 security equipment; software; and personal property to be used within the
			 Sports Wagering Facility and site including those within hotels, restaurants,
			 retail and other service businesses associated with the
			 establishment.
(h) Costs associated
			 with applying for federal, state, or municipal permits.
(i) Professional and management fees
			 including for engineers, architects, developers, contractors, or operators to
			 the extent that they represent indirect and overhead costs related to the
			 development of the project, and do not represent profits or payout as part of
			 partnership agreements or "home office" overhead (
i.e
., out of
			 state).
(j) Costs associated with
			 the safety, training, quality assurance, or testing incurred during the
			 construction of the Sports Wagering Facility and site.