Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 102.00 - Construction And Application › Section 102.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				205 CMR
				101.00 through
				131.00, the following words
				and phrases shall have the following meaning, unless the context clearly
				requires otherwise:
Affiliate
as defined in M.G.L. c. 23K,
				§ 2.
Applicant
as defined in M.G.L. c. 23K,
				§ 2.
Application
as defined in M.G.L. c.
				23K, § 2.
Bureau
as defined in M.G.L. c. 23K,
				§ 2.
Bureau Decision
as described in
				205
				CMR 115.03:
Phase 1 Investigation and
				Recommendations by the Bureau
and
				205 CMR
				101.00:
M.G.L. c. 23K Adjudicatory
				Proceedings.
Bureau Hearing
as described in
				205
				CMR 101.02:
Hearings Before the
				Bureau.
Business
as defined in M.G.L. c. 23K,
				§ 2.
Business Entity Disclosure Form (BED)
as described in
				205
				CMR 111.02:
Business Entity
				Disclosure Form Category 1 and Category 2 Entity Applicants and
				Holding/Intermediary Companies
.
Candidate
means a person seeking
				nomination or election to any local, county, or state public office in
				Massachusetts, but shall not include a person seeking nomination or election to
				any federal public office.
Capital Expenditure
as defined in
				M.G.L. c. 23K, § 2.
Cashless Wagering System
as defined in
				M.G.L. c. 23K, § 2.
Category 1 License
as defined in
				M.G.L. c. 23K, § 2.
Category 2 License
as defined in
				M.G.L. c. 23K, § 2.
Chair
as defined in M.G.L. c. 23K,
				§ 2.
Change of Control
means a transfer of
				interest which directly or indirectly results in a person obtaining greater
				than 50% ownership interest in a gaming licensee or which results in, or is
				likely to result in, significant change to the management or operation of a
				gaming licensee.
Cheat
as defined in M.G.L. c. 23K,
				§ 2.
Cheating and Swindling Device
or
Cheating and Swindling Game
as defined in M.G.L. c.
				23K, § 2.
Chief Executive Officer
means:
(a) As to gaming licensees or applicants the natural person who
				is ultimately responsible for the daily conduct of the gaming establishment
				business of one or more affiliated gaming licensees or applicants, regardless
				of the form of business association of the gaming licensee or applicant or the
				particular title which that person or any other person holds; and
(b) As to gaming vendor licensees or applicants, the natural
				person who bears ultimate responsibility for the organization and business
				activities of the enterprise.
Chief Financial and Accounting Officer
means the chief financial and accounting officer of the commission.
Close Associate
as defined in M.G.L.
				c. 23K, § 2.
Commission
as defined in M.G.L. c.
				23K, § 2.
Commissioner
as defined in M.G.L. c.
				23K, § 2.
Community Contribution
means a
				political contribution or contribution in kind made by an applicant for a
				gaming license to a municipality or a municipal employee as allowed by M.G.L.
				c. 23K, § 47.
Competitively-Sensitive Information
means all records which are, and those portions of records which contain,
				confidential personal or business information which if made publicly available
				would have a reasonable likelihood of placing a person at a competitive
				disadvantage, or be detrimental to or otherwise cause substantial damage or
				irreparable harm, such as identity theft, industrial espionage, unfair
				competition, or similar adverse consequences, to the person.
				Competitively-sensitive information includes, without limitation, social
				security numbers, passport numbers and other unique identifying information,
				research and development information, financial records, banking or lending
				records, mortgage and credit history, lists of customers or business contacts,
				pricing information, marketing information, processes and methods, and any
				other unique information, methodology, technique, system, or feature which is
				restricted by appropriate security measures to the individual or person or to
				top management, counsel, research and development staff, and expert consultants
				only in the ordinary course.
Complimentary Service
or
Item
as defined in M.G.L. c. 23K, § 2.
Conservator
as defined in M.G.L. c.
				23K, § 2.
Contractor Investigator
as described
				in 205 CMR 105.10:
Authority to Retain and Utilize Contractor
				Investigators.
Contribution
means a payment, transfer
				or pledge of money or a thing of value to or for the benefit of a candidate or
				political organization.
Credit Card
as defined in M.G.L. c.
				23K, § 2.
Credit Instrument
as defined in M.G.L.
				c. 23K, § 2.
Dependent Person
means a person who
				is:
(a) An employee or co-employee of a prohibited person;
(b) An employee or co-employee of a person affiliated with a
				prohibited person;
(c) An enterprise or firm, or an officer, director, partner,
				owner or principal employee of an enterprise or firm, that is a party to any
				contract with, or is bidding for or seeking to enter any contract with, or
				regularly represents or provides services to, a prohibited person; or
(d) A child residing with a prohibited person or who is claimed
				as a dependent by a prohibited person for Federal tax reporting
				purposes.
Deputy Director
means the deputy
				director of the bureau.
Director of Gaming Enforcement
means
				the assistant attorney general designated by the attorney general as the
				director of gaming enforcement pursuant to M.G.L. c. 12, § 11M(b).
Director of Security
means an employee
				of a gaming establishment in charge of and with overall supervisory
				responsibility for security of the gaming establishment.
Director of Surveillance
means an
				employee of a gaming establishment in charge of and with overall supervisory
				responsibility for, surveillance at the gaming establishment.
Division
as defined in M.G.L. c. 23K,
				§ 2.
Executive Director
as defined in
				M.G.L. c. 23K, § 2.
Financial Stability
as described in
				205 CMR
				117.00:
Phase 1 Determination of Financial
				Stability.
Gambling
as defined in M.G.L. c. 23K,
				§ 2.
Game
as defined in M.G.L. c. 23K,
				§ 2.
Gaming
as defined in M.G.L. c. 23K,
				§ 2.
Gaming Area
as defined in M.G.L. c.
				23K, § 2.
Gaming Device
or
Gaming
				Equipment
as defined in M.G.L. c. 23K, § 2.
Gaming Employee
as defined in M.G.L.
				c. 23K, § 2.
Gaming Enforcement Unit
means the
				gaming enforcement unit established by the colonel of state police pursuant to
				M.G.L. c. 22C, § 70.
Gaming Establishment
as defined in
				M.G.L. c. 23K, § 2.
Gaming License
as defined in M.G.L. c.
				23K, § 2.
Gaming Licensee
as defined in M.G.L.
				c. 23K, § 2.
Gaming Position
as defined in M.G.L.
				c. 23K, § 2.
Gaming Service Employee
as defined in
				M.G.L. c. 23K, § 2.
Gaming Vendor
as defined in M.G.L. c.
				23K, § 2.
Gaming Vendor License
as defined in
				M.G.L. c. 23K, § 2.
General Counsel
means the person
				designated by the commission as its general counsel or acting general
				counsel.
Governing Body
as defined in M.G.L. c.
				23K, § 2.
Gross Revenue
or
Gross
				Gaming Revenue
as defined in M.G.L. c. 23K, § 2.
Holding Company
as defined in M.G.L.
				c. 23K, § 2.
Host Community
as defined in M.G.L. c.
				23K, § 2.
Impacted Live Entertainment Venue
as
				defined in M.G.L. c. 23K, § 2.
Institutional Investor
as defined in
				M.G.L. c. 23K, § 2.
Intermediary Company
as defined in
				M.G.L. c. 23K, § 2.
Investigatory Material
means any
				document, record, transcript, complaint, evidentiary material of any nature,
				correspondence, memoranda, report, work product, or other information
				concerning any examination, any investigation (whether formal or informal), or
				any related litigation, which pertains to or may disclose:
(a) the possible violation by any person of any provision of
				any statute, rule, or regulation administered by the commission or the bureau,
				by any other federal, state, local or foreign governmental authority, by any
				professional association, or by any securities industry self-regulatory
				organization as well as all written communications from, or to, any person
				complaining of or otherwise furnishing information with respect to such
				possible violations;
(b) information relating to an ongoing investigation that could
				potentially alert subjects to the activities of investigative officials;
(c) confidential investigative techniques the disclosure of
				which would prejudice future law enforcement efforts;
(d) any details in witness statements, which if released create
				a grave risk of directly or indirectly identifying a private citizen who
				volunteers as a witness; and
(e) the background of any person the disclosure of which would
				constitute an unwarranted invasion of personal privacy.
Junket
as defined in M.G.L. c. 23K,
				§ 2.
Junket Enterprise
as defined in M.G.L.
				c. 23K, § 2.
Junket Representative
as defined in
				M.G.L. c. 23K, § 2.
Key Gaming Employee
as defined in
				M.G.L. c. 23K, § 2.
License
as defined in M.G.L. c. 23K,
				§ 2.
List of Excluded Persons
as defined in
				M.G.L. c. 23K, § 2.
Lottery
as defined in M.G.L. c. 23K,
				§ 2.
Major Policymaking Position
as defined
				in M.G.L. c. 23K, § 2.
Massachusetts Supplement Form
				(PHD-MA-SUPP)
as described in
				205
				CMR 111.04:
Massachusetts
				Supplemental Form.
MEPA
means the Massachusetts
				Environmental Policy Act.
Minority Business Enterprise (MBE)
means a minority-owned business that has been certified by either the
				Massachusetts Supplier Diversity Office within the Operational Services
				Division, the Greater New England Minority Supplier Development Council, or
				both.
Money
means cash or instruments that
				are convertible to cash in any negotiable currency.
Multi-jurisdictional Personal History Disclosure
				Form (PHD-MA)
as described in
				205
				CMR 111.03:
Multi-jurisdictional
				Personal History Form.
Non-gaming Vendor
as defined in M.G.L.
				c. 23K, § 2.
Operation Certificate
as defined in
				M.G.L. c. 23K, § 2.
Person
as defined in M.G.L. c. 23K,
				§ 2.
Political Contribution
means a
				contribution as defined in M.G.L. c. 55, § 1, except for a community
				contribution as defined in
				205
				CMR 102.02.
Political Organization
means any
				committee of any political party in the Commonwealth of Massachusetts, as
				structured and defined in accordance with M.G.L. c. 23K, §§ 46 and
				47, or any group, committee, or association organized in support of such
				political party or any candidate.
Political
				Organization
shall not include a national party committee or the
				committee of a federal candidate for the United States Senate or House of
				Representatives, unless such a committee contributes to a state candidate from
				its general receipts.
Prohibited Person
means any officer,
				director, key gaming employee, qualifier or principal employee of an applicant
				for a gaming license or of any holding, intermediary or subsidiary company
				thereof.
Promotional Gaming Credit
as defined
				in M.G.L. c. 23K, § 2.
Proprietary Information
means all
				records which are, and those portions of records which contain personal or
				business information which, owing to its confidential nature, is in the
				ordinary course subjected to strict measures to preserve its confidentiality,
				including confidentiality agreements, non-competition agreements, encryption
				and password protection for electronic information, restriction of access to
				those with a need-to-know, and other policies, procedures, security measures or
				markings designed to protect the secrecy of information and to keep the
				information strictly confidential.
Publicly Traded Corporation
means a
				person, other than an individual, which:
(a) has a class or series of securities registered under the
				Securities and Exchange Act of 1934 (48 Stat. 881,
				15 U.S.C. §
									78a
et seq
.);
(b) is a registered management company under the Investment
				Company Act of 1940 (54 Stat. 789,
				15 U.S.C. §
									80a-1
et seq
.); or
(c) is subject to the reporting obligations imposed by section
				15(d) of the Securities and Exchange Act of 1934 by reason of having filed a
				registration statement which has become effective under the Securities Act of
				1933 (48 Stat. 74, 15 U.S.C.
				§
									77a
et seq
.) or by
				reason of an indenture entered into pursuant to an exemption from registration
				under the Securities Act of 1933.
Qualification
or
Qualified
as defined in M.G.L. c. 23K, §
				2.
Qualifier
as defined as a person whose
				qualification must be established in evaluating the suitability of an applicant
				in accordance with the standards and criteria set forth in M.G.L. c. 23K,
				§ 12(a), and
				205
				CMR 115.01:
Phase 1 Determination
				Standards
and
				205
				CMR 116.02:
Persons Required to be
				Qualified.
Restricted Area
means a part of the
				gaming establishment that is not open to the public as determined by the
				commission.
Rewards Card
as defined in M.G.L. c.
				23K, § 2.
RFA-P1 or RFA-1 Process
as described
				in 205 CMR
				110.00:
Issuance of Request for Category 1 and
				Category 2 License Applications.
RFA-2
as described in
				205 CMR
				110.00:
Issuance of Request for Category 1 and
				Category 2 License Applications.
Secretary of EOEEA
means the Secretary
				of the Executive Office of Energy and Environmental Affairs.
Slot Machine
as defined in M.G.L. c.
				23K, § 2.
Solicitation
means a request,
				suggestion or recommendation made to a particular person, by any means of
				communication, that the person make a contribution; provided, however, that a
				statement to a person expressing support for or opposition to the election of
				any candidate, or support for or opposition to any political organization,
				which is made without reference to a contribution or a statement intended for
				and given public dissemination encouraging all persons to make contributions to
				any candidate or political organization, is not a solicitation.
State Police
as defined in M.G.L. c.
				23K, § 2.
Subsidiary
as defined in M.G.L. c.
				23K, § 2.
Surrounding Communities
as defined in
				M.G.L. c. 23K, § 2.
Table Game
as defined in M.G.L. c.
				23K, § 2.
Thing of Value
means:
(a) An item of real, personal or intellectual property that may
				be converted into money by selling it or pledging it as security for a loan or
				other advance of funds;
(b) A loan of assets, property, personnel or facilities for use
				by a candidate or political organization, such as, without limitation, office
				space, automobiles, telephones or telephone services, or the time and effort of
				employees or consultants who are paid by the person making the
				contribution;
(c) A personal or professional service that is not incidental
				to the expression of a person's ideological beliefs or membership in a
				political organization, and that has a value to the candidate or political
				organization;
(d) A non-reimbursed expense that is not incidental to the
				expression of a person's ideological beliefs or membership in a political
				organization, and is of the type normally incurred by the candidate or
				political organization; or
(e) A thing, service, expense or other item of value similar to
				that identified in
				205
				CMR 102.02, which may be identified by the
				commission in an advisory ruling or other appropriate proceeding.
Trade Secret
means all records which
				are, and those portions of records which contain, anything tangible or
				intangible or electronically kept or stored, which constitutes, represents,
				evidences or records secret scientific, technical, merchandising, production,
				manufacturing, or management information, design, process, procedure, formula,
				invention, method, or improvement which its owner considers to be and treats as
				confidential and which is not available to the public by any other source.
Trade Secret
shall include anything which is a trade
				secret pursuant to M.G.L. c. 266, § 30(4).
Transfer
as defined in M.G.L. c. 23K,
				§ 2.
Veteran Business Enterprise (VBE)
means a "Veteran-owned small business concern" as defined by
				38 CFR
				74.1, the status of which can be verified by
				Vendor Information Pages on the U.S. Department of Veterans Affairs Office of
				Small & Disadvantaged Business Utilization website or by the Licensing
				Division of the Massachusetts Gaming Commission.
Veteran Business
				Enterprise
is inclusive of the service-disabled veteran-owned
				business as defined in 15
				USC §
									632. Additionally, VBE shall
				include any entity certified as a VBE, as defined by M.G.L. c. 7, § 58, by
				the Massachusetts Supplier Diversity Office within the Operational Services
				Division pursuant to regulations promulgated in accordance with M.G.L. c. 7,
				§ 61(a).
Notwithstanding the foregoing, for purposes of
				205
				CMR 135.02(8)  and
				205
				CMR 139.04(3), effective
				upon the issuance of an operation certificate to a gaming licensee, for vendors
				associated with that licensee, VBE shall only include those entities certified
				as such by the Supplier Diversity Office, or verified with the U.S. Department
				of Veterans Affairs. (Note: vendors previously verified by the Licensing
				Division will continue to be recognized until the end of their existing
				contract.)
Vulnerable Populations
means groups of
				people that studies have shown to be more susceptible to gambling problems than
				others, including people with a history of alcohol or other drug abuse, people
				with a history of mental health issues, low income patrons of gaming
				establishments, and older adults.
Wager
as defined in M.G.L. c. 23K,
				§ 2.
Women Business Enterprise (WBE)
means
				a women-owned business that has been certified by either the Massachusetts
				Supplier Diversity Office within the Operational Services Division, the Women's
				Business Enterprise National Council (or its local affiliate, Center for Women
				& Enterprise), or both.