reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 116.00 - Persons Required To Be Licensed Or Qualified › Section 116.07 - Qualification of New Qualifiers for Gaming Licensees

Current through Register 1525, July 5, 2024
(1) No person requiring qualification
			 pursuant to
			 205 CMR 116.02(1)
			  may perform any duties or exercise any
			 powers relating to the position that said qualifier is seeking to assume unless
			 the individual notifies the Bureau in writing within 30 days of appointment to
			 the position. Such notification shall be accompanied by a completed Multi
			 Jurisdictional Personal History Disclosure Form and Massachusetts Supplement
			 Form. Following such notification and submission of the completed Forms, the
			 person may continue to perform duties and exercise powers relating to the
			 position pending qualification.
(2)
			 A person with reason to believe that his or her new position may require
			 qualification pursuant to
			 205 CMR 116.02(1)
			  shall notify the Bureau in writing within 30
			 days of appointment to the position. Such notification shall be accompanied by
			 a summary of the responsibilities and/or features of the position. The Bureau
			 shall determine whether the person shall be designated a qualifier pursuant to
			 205 CMR 116.02(1)
			  and shall notify the person of such
			 designation in writing. Within 30 days of designation as a qualifier, the
			 person shall submit a completed Multi Jurisdictional Personal History
			 Disclosure Form and Massachusetts Supplement Form. Following submission of the
			 completed Forms, the person may continue to perform duties and exercise powers
			 relating to the position pending qualification.
(3) The Bureau shall review the Forms
			 submitted by the new qualifier, as well as such other information that the
			 Bureau may request, and, upon completion of its investigation, shall make a
			 recommendation to the Commission in accordance with
			 205 CMR
			 116.01 whether the new qualifier meets the
			 standards for suitability under
			 205 CMR 115.00:
Phase 1 and New Qualifier Suitability Determination, Standards, and
			 Procedures
.
(4) Upon
			 notification by the Bureau that reasonable cause exists to believe the
			 qualifier may not ultimately be found suitable, a gaming licensee shall
			 promptly remove the qualifier from his or her position until such time as the
			 commission makes its determination on suitability.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 116.00 - Persons Required To Be Licensed Or Qualified › Section 116.08 - Notice

Current through Register 1525, July 5, 2024
(1) No person shall transfer, or enter into
			 an agreement to transfer, a gaming license, a direct or indirect interest in
			 the gaming license, or a gaming establishment including the structure, real
			 property, premises, facility, personal interest or pecuniary interest under a
			 gaming license or enter into an option contract, management contract or other
			 agreement or contract providing for such transfer in the present or future, or
			 enter into an agreement granting the retention of a security interest in
			 property delivered to the gaming licensee without prior notification to the
			 bureau.
(2) Notwithstanding 205 CMR
			 116.08(1), the following transfers do not require prior notification to the
			 bureau:
(a) The open market transfer of a
			 publicly traded interest in a gaming licensee, or holding, parent or
			 intermediary company of a gaming licensee where such transfer results in the
			 transferee holding less than a 5% interest in the holding, parent or
			 intermediary company.
(b) The
			 granting of a security interest in return for financing to a
bona
			 fide
banking institution, as defined in M.G.L. c. 167A, § 1, or a
			 commercial financial institution as defined in M.G.L. c. 63, § 1, so long
			 as the
bona fide
banking institution or the commercial
			 financial institution does not, by virtue of its security interest, possess the
			 ability or intention to influence or affect the affairs or operations of a
			 gaming licensee or applicant or qualifier for a gaming license. The gaming
			 licensee, applicant, or qualifier shall at a minimum, however, provide notice
			 of the transaction promptly to the bureau upon its consummation.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 116.00 - Persons Required To Be Licensed Or Qualified › Section 116.09 - Approval

Current through Register 1525, July 5, 2024
(1) Any transfer for which notice is required
			 under
			 205 CMR 116.08 that
			 results in a new qualifier being designated in accordance with
			 205 CMR
			 116.02 must be approved by the commission in
			 accordance with
			 205 CMR 115.00:
Phase 1 and New Qualifier Suitability Determination, Standards, and
			 Procedures
which approval shall be subject to the satisfaction of
			 205 CMR
			 129.01:
Review of a Proposed Transfer
			 of Interests
. Notwithstanding the provisions of M.G.L. c. 23K, §
			 21(b)(ii), the commission shall not assess a payment representing the
			 Commonwealth's share of the increased value for the transferred licenses,
			 property or interest, but a transferor or transferee shall be responsible for
			 the payment of all investigatory and other fees provided for in
			 205 CMR
			 114.00:
Fees
.
(2) The commission may reject any transfer
			 requiring approval pursuant to 205 CMR 116.09(1) that it finds would be
			 disadvantageous to the interests of the Commonwealth of Massachusetts. A
			 transfer may be considered disadvantageous to the interests of the Commonwealth
			 if the commission determines that the proposed transferee does not satisfy the
			 applicable considerations set forth in M.G.L. c. 23K, §§ 12, 15, 16,
			 and/or 18, as applicable,
			 205 CMR 115.00:
Phase 1 and New Qualifier Suitability Determination, Standards, and
			 Procedures
, or any other applicable provisions of M.G.L. c. 23K or 205
			 CMR, and/or the transferee does not satisfy the provisions of
			 205 CMR
			 129.01:
Review of a Proposed Transfer
			 of Interests
.
(3) Pursuant
			 to M.G.L. c. 23K, § 20(e), the commission shall not approve the transfer
			 of the category 2 gaming license for five years after the initial issuance of
			 the license unless one of the following has occurred:
(a) the parent, holding company, or
			 intermediary company of the gaming licensee experiences a change in ownership
			 resulting in a change of control;
(b) the gaming licensee fails to maintain
			 suitability; or
(c) the commission
			 determines that other circumstances exist which affect the gaming licensee's
			 ability to operate the gaming establishment successfully.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 116.00 - Persons Required To Be Licensed Or Qualified › Section 116.11 - Unsuitable Qualifiers

Current through Register 1525, July 5, 2024
An unsuitable qualifier may not hold an interest in a gaming
				license. A gaming licensee's articles of organization or other document
				governing the sale or transfer of securities or other interests shall contain
				provisions in a form approved by the commission stating that the sale,
				assignment, transfer, pledge or other disposition of any security issued by it
				is conditional and shall be ineffective if disapproved by the commission.
				Further, a gaming licensee shall have a mechanism approved by the commission in
				place by which it may effectuate divestiture or redemption of securities, or a
				like process, in the event of a negative determination of suitability being
				issued to a person required to be qualified.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 117.00 - Phase 1 Determination Of Financial Stability › Section 117.01 - Phase 1 Determination of Financial Stability

Current through Register 1525, July 5, 2024
(1)
General
. An
			 applicant for a Category 1 or Category 2 license must demonstrate that it has
			 the financial stability to construct and operate a gaming
			 establishment.
(2)
Phase 1 Financial Stability Standards
. In determining
			 whether an applicant is financially stable at the time of the Phase 1
			 determination, the bureau and the commission shall review the Phase 1
			 application in accordance with the following standards:
(a) The ability to maintain a typical gaming
			 establishment payroll and equivalent provisions adequate to pay winning wagers
			 to gaming establishment patrons when due.
(b) The ability to meet ongoing operational
			 expenses which are essential to the maintenance of continuous and stable gaming
			 establishment operations.
(c) The
			 ability to pay, as and when due, all local, state and Federal taxes, including
			 the taxes and other fund payments imposed by M.G.L. c. 23K.
(d) The ability to make necessary capital and
			 maintenance expenditures in a timely manner which are adequate to ensure
			 maintenance of a superior, first-class facility of exceptional
			 quality.
(e) To the extent known at
			 the time, the ability to pay, exchange, refinance, or extend debts, including
			 long-term and short-term principal and interest and capital lease obligations,
			 which are expected to mature or otherwise come due and payable during the
			 license term, or to otherwise manage such debts and any default with respect to
			 such debts.
(f) Any other relevant
			 matters that the commission may deem appropriate for evaluation.
(g) The bureau and commission may also
			 evaluate the applicant's historic gaming industry or commercial performance, if
			 any, that are relevant to the criteria set forth in 205 CMR
			 117.01(2).
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 118.00 - Phase 2 Administrative Proceedings › Section 118.01 - RFA-2 Application Requirements

Current through Register 1525, July 5, 2024
(1)
			 An applicant shall be eligible to submit an RFA-2 application only after:
(a) the issuance of a positive determination
			 of suitability by the commission at the conclusion of the RFA-1 process in
			 accordance with
			 205 CMR
			 115.05(3); and
(b) payment to the commission of all
			 application fees, additional amounts for community disbursements, and
			 additional fees for investigations required by
			 205 CMR
			 114.00:
Fees
arising out of the RFA-1
			 process.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 118.00 - Phase 2 Administrative Proceedings › Section 118.02 - RFA-2 Pre-application Consultation

Current through Register 1525, July 5, 2024
(1)
			 Before the applicable deadline for submitting RFA-2 applications, the
			 commission or its designees may conduct one or more consultation meetings to
			 provide guidance on RFA-2 standards and procedures to applicants found
			 qualified pursuant to a determination of suitability at the conclusion of RFA-1
			 process.
(2) Information provided
			 by the commission or its designees pursuant to 205 CMR 118.02(1) shall be
			 advisory in nature and shall not be binding. In the event of a conflict with
			 such information, the provisions of M.G.L. c. 23K, 205 CMR, and the application
			 forms and instructions issued or adopted by the commission shall
			 prevail.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 118.00 - Phase 2 Administrative Proceedings › Section 118.03 - RFA-2 Administrative Completeness Review

Current through Register 1525, July 5, 2024
(1) The executive director or his or her
			 designee will conduct an administrative completeness review of each RFA-2
			 application and will send either a positive determination of administrative
			 completeness or a negative determination of administrative completeness to the
			 applicant and to the commission.
(a) Upon the
			 issuance of a positive determination of administrative completeness, the RFA-2
			 application may proceed to further review under
			 205 CMR 118.00.
(b) Upon issuance of a negative determination
			 of administrative completeness the executive director or his or her designee
			 will notify the applicant of the negative determination by email and the RFA-2
			 application shall not proceed to further review under
			 205 CMR 118.00 unless the
			 deficiency is cured in accordance with 205 CMR 118.03(1)(c).
(c) If an applicant receives a negative
			 determination of administrative completeness the executive director may, at the
			 request of the applicant, allow the applicant to cure the deficiency in a
			 prescribed manner no later than:
1. seven
			 days from the date of filing of the email notice described in 205 CMR
			 118.03(1)(b) if either:
a. The application
			 omits a requirement set forth in M.G.L. c. 23K, § 15; or
b. The executive director or his or her
			 designee determines that the application is otherwise deficient in a material
			 respect;
2. 14 days from
			 the date of the email notice described in 205 CMR 118.03(1)(b) if the executive
			 director or his or her designee determines that the deficiency is
			 non-material;
(d) If the
			 applicant fails to remedy a non-material deficiency in the application, the
			 executive director or his or her designee may, on the applicant's request,
			 issue a positive determination and allow the application to proceed, in which
			 event the commission will take the deficiency into account in its overall
			 evaluation process.
(e) The
			 applicant may file a petition for appeal, or waiver or variance in accordance
			 with
			 205 CMR
			 102.03(4), with the
			 commission relative to a decision made by the executive director or his or her
			 designee in accordance with 205 CMR 118.03.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 118.00 - Phase 2 Administrative Proceedings › Section 118.04 - RFA-2 Review Procedures

Current through Register 1525, July 5, 2024
(1) Upon a
			 determination that an RFA-2 application is administratively complete, the
			 commission will determine the surrounding communities pursuant to
			 205 CMR
			 125.00:
Surrounding Communities,
determine the impacted live entertainment venues pursuant to
			 205 CMR 126.00:
Impacted Live Entertainment Venues,
and review the merits of
			 the application. In doing so, the commission may, at such times and in such
			 order as the commission deems appropriate, take some or all of the following
			 actions:
(a) Hold one or more open meetings
			 concerning the application;
(b)
			 Refer the RFA-2 application, or any parts thereof, for advice and
			 recommendations, to any or all of the following:
1. The executive director;
2. The bureau;
3. Any office, agency, board, council,
			 commission, authority, department, instrumentality or division of the
			 commonwealth;
4. Any office,
			 agency, board, council, commission, authority, department, instrumentality or
			 division of the host community or any potential surrounding
			 community;
5. Any consultant
			 retained in accordance with 205 CMR 118.04(1)(c);
6. Commission staff.
(c) Retain, or authorize the executive
			 director or the deputy director to retain, at the applicant's expense, such
			 professional consultants (including without limitation financial and accounting
			 experts, architects, engineers, environmental professionals, legal experts,
			 gaming experts, contractor investigators, and other qualified professionals) as
			 the commission in its discretion deems necessary and appropriate to review the
			 application and make recommendations;
(d) Receive independent evaluations of the
			 application;
(e) Require or permit
			 presentations by the applicant and its representatives;
(f) Require or permit the applicant to
			 provide additional information and documents pursuant to
			 205 CMR 112.00:
Required Information and Applicant Cooperation;
(g) Require or permit the executive director,
			 with the assistance of commission's agents and employees, to negotiate with the
			 applicant and its agents and employees concerning potential improvements to the
			 applicant's proposed gaming establishment, its mitigation plans, and its
			 proposals to ensure economic and other benefits to the region and to the
			 commonwealth;
(h) Require or permit
			 the applicant to supplement or amend its application as the commission
			 determines to be in the best interests of the host community, one or more
			 surrounding communities or impacted live entertainment venues, the region or
			 the commonwealth;
(i) On a regional
			 basis for Category 1 applicants or on a state-wide basis for Category 2
			 applicants:
1. screen out and deny one or
			 more applications; and
2. identify
			 finalists for further consideration;
(j) In the commission's discretion, request
			 best and final offers by finalists;
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 118.00 - Phase 2 Administrative Proceedings › Section 118.06 - RFA-2 License Determinations

Current through Register 1525, July 5, 2024
(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.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 118.00 - Phase 2 Administrative Proceedings › Section 118.07 - RFA-2 Administrative Proceedings - Legislative not Adjudicatory

Current through Register 1525, July 5, 2024
(1) The commission's RFA-2 administrative
			 proceedings pursuant to
			 205 CMR
			 118.01 through
			 118.06
			 are administrative and legislative in nature, not adjudicatory.
(2) Each applicant must present all
			 information required by the commission in the RFA-2 application truthfully,
			 fully and under oath; however, unless otherwise required by the commission,
			 RFA-2 administrative proceedings pursuant to
			 205 CMR
			 118.01 through
			 118.06
			 shall:
(a) involve public hearings that are
			 not adversarial in nature;
(b)
			 involve no specific charges, legal right or privilege;
(c) provide no opportunity for
			 cross-examination of witnesses under oath in a hearing;
(d) afford the opportunity for public
			 comments including unsworn statements and letters of support, opposition or
			 concern by persons advocating for or against the application; and
(e) involve a final decision to grant or deny
			 a gaming license that rests at all times within the discretion of the
			 commission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 118.00 - Phase 2 Administrative Proceedings › Section 118.08 - RFA-2 Costs and Expenses

Current through Register 1525, July 5, 2024
(1) For each RFA-2
			 application, all of the commission's costs and expenses of the RFA-2
			 administrative proceedings pursuant to
			 205 CMR
			 118.01 through
			 118.06
			 shall be borne by the applicant.
(2) All such costs and expenses shall be
			 assessed to the applicant and collected by the commission pursuant to
			 205 CMR
			 114.04:
Additional Fees for
			 Investigations.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 119.00 - Phase 2 Application › Section 119.02 - Completing the Application

Current through Register 1525, July 5, 2024
Two hard copies and one electronic copy on a compact disc or
				flash drive of the application and all attachments shall be submitted to the
				Commission by mail or in hand by the filing deadline. Applications must be
				neatly prepared and organized and marked in the manner specified on the
				application form to ensure uniformity of the submissions. To the extent that an
				applicant identified in the RFA-2 application is a newly formed entity, any
				information required to be provided in accordance with
				205 CMR
				119.01 relative to past performance shall, at
				a minimum, be provided in relation to the primary controlling and/or operating
				entity of the proposed gaming establishment and/or its significant business
				units.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 120.00 - Permitting Requirements › Section 120.01 - Permitting Requirements

Current through Register 1525, July 5, 2024
(1) An RFA-2
			 application for a Category 1 or Category 2 license shall include, in addition
			 to those items required by
			 205 CMR
			 119.00:
Phase 2 Application,
the
			 following:
(a) A chart identifying all
			 federal, state, and local permits and approvals required, or anticipated to be
			 required, for the construction and operation of the applicant's proposed
			 Category 1 or Category 2 gaming establishment that includes:
1. the date on which the applicant submitted,
			 or anticipates that it will submit, its application for each permit or
			 approval;
2. the maximum time
			 period set by statute, regulation, and/or by-law or ordinance that the
			 authority having jurisdiction has to render a decision on an application, if
			 any;
3. the expiration date or
			 maximum effective time period for each permit or approval, if any, set by
			 statute, regulation, and/or by-law or ordinance; and
4. a citation to the statute, regulations,
			 and/or by-law or ordinance governing the issuance of each permit or approval.
The applicant shall attach to the chart, and shall index in
				accordance with the chart, a complete copy of:
a. any completed application for each permit
			 or approval that was submitted by the applicant to the authority having
			 jurisdiction, including a copy of any exhibits and attachments;
b. any written comments received by the
			 applicant from a host community, surrounding community or prospective
			 surrounding community, impacted live entertainment venue or prospective
			 impacted live entertainment venue, and/or the permitting agency regarding the
			 applicant's request for the permit or approval; and
c. any permit, approval or decision issued by
			 the authority having jurisdiction.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 120.00 - Permitting Requirements › Section 120.02 - Conditions of Licensure

Current through Register 1525, July 5, 2024
(1) In addition to
			 any conditions imposed in accordance with
			 205 CMR
			 119.00:
Phase 2 Application,
all
			 Category 1 and Category 2 gaming licenses shall be issued subject to the
			 following conditions unless documentation demonstrating that a particular
			 requirement has been satisfied has been provided as part of the RFA-2 process:
(a) There shall be a determination by the
			 secretary of EOEEA that:
1. No EIR is
			 required; or
2. A single, final or
			 supplemental EIR is adequate.
Following the determination that the EIR is adequate pursuant
				to M.G.L. c. 30, §§ 61 through 62H, and
				301 CMR
				11.00:
MEPA Regulations,
and after 60
				days have elapsed following publication of notice of the availability of the
				single, final, or supplemental EIR in the
Environmental Monitor
in accordance with
				301 CMR
				11.12(4)(a)  and
				11.15(2),
				the Commission shall reconsider the conditional license and shall either
				affirm, limit, condition, restrict, revoke, suspend or modify the conditional
				license in the discretion of the commission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 121.00 - Licensing Fee › Section 121.01 - Licensing and Assessment Fees

Current through Register 1525, July 5, 2024
(1) Within 30 days
			 after the award of a Category 1 license by the commission, the licensee shall
			 pay a non-refundable license fee of $85,000,000 to the Commission.
(2) Within 30 days after the award of a
			 Category 2 license by the commission, the licensee shall pay a non-refundable
			 license fee of $25,000,000 to the commission.
(3) The following fees are due and payable to
			 the commission for each gaming establishment:
(a) An annual license fee, as provided by M.G.L. c. 23K, §
			 56(a), of $600 for each slot machine approved by the commission for operation
			 at a gaming establishment (the Slot Fee); and
(b) An annual assessment, (Annual Assessment) as provided by
			 M.G.L. c. 23K, § 56(c), to be determined by the commission and calculated
			 in accordance with M.G.L. c. 23K, § 56(c) to cover costs of the commission
			 necessary to maintain control over gaming establishments, in proportion to the
			 number of gaming positions approved by the commission at the gaming
			 establishment; provided, however, that such assessment may be adjusted by the
			 commission at any time after payment is made where required to reflect the
			 actual number of positions at a gaming establishment, and accordingly, the
			 payment of additional funds may be required or a credit may be issued towards
			 the payment due the following year; and
(c) An annual fee, as provided by M.G.L. c. 23K, § 56(e)
			 reflecting each gaming establishment's share of at least $5,000,000 to be
			 deposited into the Public Health Trust Fund in proportion to the number of
			 gaming positions projected for the gaming establishment; provided, however,
			 that such assessment may be adjusted by the commission at any time after
			 payment is made where required to reflect the actual number of gaming positions
			 at a gaming establishment, and accordingly, the payment of additional funds may
			 be required or a credit may be issued towards the payment due the following
			 year; and
(d) any other such
			 license fees required under M.G.L. c. 23K and required to be assessed by the
			 commission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 121.00 - Licensing Fee › Section 121.02 - Payment of Fee

Current through Register 1525, July 5, 2024
(1) All license
			 fees due and payable under
			 205 CMR 121.01(1) and
			 (2) shall be due and payable to the
			 commission within 30 days of an award. As a pre-condition of any award, the
			 commission may provide that such license fees be paid on an installment basis
			 before the award is made and the license issued.
(2) The Slot Fee will be assessed on or about
			 July 1st of each fiscal year based upon the number
			 of approved slot machines as of July 1st of said
			 year and shall be assessed on a
pro rata
basis for any
			 additional slot machines added during the fiscal year.
(3) Except in the case of an assessment for
			 the fourth quarter of fiscal year 2014 and for fiscal year 2015, the Annual
			 Assessment due under
			 205 CMR 121.01(3)(b)
			  shall be assessed on or about 30 days prior
			 to the start of the commission fiscal year. The Annual Assessment for each
			 gaming establishment shall be the difference between the commission's projected
			 costs minus the Slot Fee and any other revenues anticipated to be received by
			 the commission and assessed as provided in
			 205 CMR
			 121.01(3)(b). The commission
			 may assess the Annual Assessment on a
pro rata
basis
			 commencing with the fourth quarter of fiscal year 2014 and for fiscal year 2015
			 and will make such assessment each fiscal year thereafter. The commission, in
			 its sole discretion, may allow the Annual Assessment to be paid in one or more
			 installments during the fiscal year.
(4) The fee required under
			 205 CMR 121.01(3)(c)
			  shall be assessed on or about 30 days prior
			 to the start of the commission fiscal year. The commission will assess this fee
			 commencing with fiscal year 2016.
(5) All license fees and assessments due to the commission shall
			 be due and payable within 30 days of receipt of an invoice from the
			 commission.
(6) All license fees
			 and assessments shall be submitted in the form of a certified check or secure
			 electronic funds transfer payable to the "Massachusetts Gaming
			 Commission."
(7) In the event that
			 a licensee fails to pay any fees or assessments as provided in
			 205 CMR 121.01, the
			 commission may take any remedial action it deems necessary up to and including
			 revocation of the gaming license.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 121.00 - Licensing Fee › Section 121.04 - Commission Annual Budget

Current through Register 1525, July 5, 2024
(1) The commission
			 shall develop and approve an annual budget prior to the beginning of each
			 fiscal year. The budget is an estimated budget and shall include cost
			 projections for the subsequent fiscal year and anticipated revenues to the
			 commission. For fiscal year 2015 and thereafter as necessary, the budget shall
			 also include as part of cost projections an amount sufficient to make the
			 transfers pursuant to St. 2011, c. 194, § 93. Such amount shall be
			 assessed on each licensee on a proportional basis using the number of gaming
			 positions approved for each gaming establishment.
(2) The commission will monitor the budget on
			 a quarterly basis and issue a report outlining actual costs/revenues against
			 the estimated budget.
(3) If at any
			 time during the fiscal year the commission determines that actual costs will
			 exceed the projected costs and projected revenue in the budget the commission
			 will revise the Annual Assessment assessed to each gaming establishment and
			 invoice each gaming establishment for its proportional share of such
			 costs.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 121.00 - Licensing Fee › Section 121.05 - Annual Reconciliation of Commission Budget

Current through Register 1525, July 5, 2024
(1) Within 90 days of the close of each
			 fiscal year the commission will reconcile its actual costs to actual revenues.
			 In no case will the commission end a fiscal year on a negative basis. No
			 commitment or expense shall cause the Gaming Control Fund to end the fiscal
			 year with a negative cash balance.
(2) In the event that actual revenues exceed
			 actual costs for a given fiscal year, the commission, in its sole discretion
			 may either return any excess revenue (Excess Assessment) in the same manner in
			 which Excess Assessment was assessed or the commission may credit such Excess
			 Assessment to the Annual Assessment due for the next fiscal year.
(3) In the event that actual revenues are
			 less than actual costs for a given fiscal year, the commission will assess each
			 gaming establishment for its share of the excess costs (Excess Cost Assessment)
			 in the same manner in which the commission assessed the Annual Assessment. Such
			 Excess Cost Assessment shall be due and payable as part of the Annual
			 Assessment due for the next fiscal year.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 122.00 - Capital Investment › Section 122.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
205 CMR
				122.00 shall govern the calculations of the proposed
				capital investment for category 1 and category 2 gaming establishments to be
				included in an applicant's RFA-2 application as set forth in M.G.L. c. 23K,
				§§ 10(a) and 11(a).
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 122.00 - Capital Investment › Section 122.02 - Minimum Capital Investment

Current through Register 1525, July 5, 2024
(1) The minimum
			 capital investment for a category 1 gaming license shall be $500,000,000. The
			 capital investment shall be calculated in accordance with
			 205 CMR
			 122.03 and
			 122.04.
(2) The minimum capital investment for a
			 category 2 gaming license shall be $125,000,000. The capital investment shall
			 be calculated in accordance with
			 205 CMR
			 122.03 and
			 122.04.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 122.00 - Capital Investment › Section 122.04 - Costs Excluded from the Calculation of Capital Investment

Current through Register 1525, July 5, 2024
For purposes of calculating the capital investment for a
				category 1 or category 2 gaming license, the following costs may not be
				included:
(1) Costs associated with
			 the purchase or lease or optioning of land where the gaming establishment will
			 be located including costs relative to registering, appraising, transferring
			 title, or obtaining title insurance for the land.
(2) (Subject to
			 205 CMR
			 122.03(11) ) Carried
			 interest costs and other associated financing costs.
(3) Costs associated with mitigating impacts
			 on host and surrounding communities as set forth in Host and Surrounding
			 Community agreements, whether directly attributable to a specific impact or
			 not.
(4) (For Region A and B
			 applicants) Costs associated with designing, improving or constructing the
			 infrastructure outside the property boundaries of the site of the gaming
			 establishment 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 whether or
			 not such costs are the result of a host community agreement, a surrounding
			 community agreement, required by any regulatory body or as part of the
			 permitting process.
(5) Any and all
			 legal fees.
(6) Promotional,
			 communications and marketing costs prior to and attributable to the efforts of
			 a local referendum including all costs associated with local
			 outreach.
(7) Fees and costs paid
			 to the commission in accordance with M.G.L. c. 23K, §§ 15(11), 10(d),
			 11(b), and/or 205 CMR 114.00:
Fees
, and other similar fees and
			 costs paid to municipalities.
(8)
			 Licensing costs including any costs payable to the commission to obtain
			 pre-opening licensing of individuals or vendors.
(9) Costs associated with marketing,
			 advertising and promotions.
(10)
			 Upfront costs designed to implement workforce development plans.
(11) Upfront costs designed to implement
			 efforts to combat problem gambling and/or support the efforts of the
			 commission's research agenda.
(12)
			 Political contributions and community contributions under 205 CMR
			 108.00:
Community and Political Contributions
.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 122.00 - Capital Investment › Section 122.05 - Deposit or Bonding of Funds

Current through Register 1525, July 5, 2024
(1) Within 30
			 days after the award of a category 1 gaming license, the applicant shall
			 either:
(a) Deposit 10% of the total
			 investment proposed in the RFA-2 application into an interest bearing escrow
			 account held by the commission in accordance with M.G.L. c. 23K, § 10(a);
			 or
(b) Secure a deposit bond, in a
			 form and from an institution acceptable to the commission, insuring that 10% of
			 the proposed capital investment shall be forfeited to the Commonwealth of
			 Massachusetts if the applicant is unable to complete the gaming establishment,
			 as determined by the commission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 123.00 - Host Communities › Section 123.01 - Definition of Host Community

Current through Register 1525, July 5, 2024
In accordance with M.G.L. c. 23K, § 2, a host community is
				a municipality in which a gaming establishment is located or in which an
				applicant has proposed locating a gaming establishment; provided, however, that
				if a proposed gaming establishment is situated in two or more cities or towns
				each shall be a host community for purposes of M.G.L. c. 23K and 205
				CMR.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 123.00 - Host Communities › Section 123.02 - Host Community Agreement

Current through Register 1525, July 5, 2024
(1) An applicant
			 for a gaming establishment license must sign an agreement with the host
			 community setting forth the conditions to have a gaming establishment located
			 within the host community; provided, however, that the agreement shall include
			 a community impact fee for the host community and all stipulations of
			 responsibilities between the host community and the applicant, including
			 stipulations of known impacts from the development and operation of a gaming
			 establishment.
(2) The signed host
			 community agreement, along with a fair, concise summary, approved by the city
			 solicitor or town counsel of the host community, shall be made public in
			 accordance with
			 205 CMR
			 124.04:
Preparing for the
			 Election
.
(3) Upon
			 requesting a host community election in accordance with
			 205 CMR
			 124.02(1), the applicant
			 shall forward the executed host community agreement and summary to the
			 commission. The commission shall promptly post a copy of the agreement and
			 summary on its website. The posting shall outline the process by which any
			 community may request that it be added to a list of prospective surrounding
			 communities to that gaming establishment.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 124.00 - Host Community Election Process › Section 124.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
205 CMR 124.00 establishes
				parameters for elections as provided in M.G.L. c. 23K, § 15(13). In
				accordance with M.G.L. c.23K, §15(13) an applicant for a gaming license
				must have received a certified and binding vote on a ballot question at an
				election in the host community in favor of such license as a prerequisite to
				filing an RFA-2 application in accordance with
				205 CMR
				119.00:
Phase 2
				Application.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 124.00 - Host Community Election Process › Section 124.02 - Request for an Election

Current through Register 1525, July 5, 2024
(1) After a host
			 community and an applicant for a gaming establishment license execute a host
			 community agreement, the applicant shall file with the governing body of the
			 host community a written request for an election on the question whether the
			 host community shall permit the operation of a gaming establishment licensed by
			 the Massachusetts Gaming Commission located at a specified site within the
			 community. The applicant shall send a copy of the request to the commission
			 along with a copy of the executed host community agreement.
(2) Upon receipt of the request, the
			 governing body shall acknowledge receipt of the request by letter. The letter
			 shall state the date that the applicant's request was received by the
			 community. The governing body shall send a copy of the letter to the
			 commission.
(3) In the event that a
			 proposed gaming establishment is to be situated in more than one community, the
			 applicant shall not request an election in either community until it has
			 executed a host community agreement with all of the affected prospective host
			 communities or a joint agreement with each prospective host
			 community.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 124.00 - Host Community Election Process › Section 124.03 - Call for and Scheduling of the Election

Current through Register 1525, July 5, 2024
Upon receipt of a request for an election by an applicant in
				accordance with
				205 CMR
				124.02(1), the governing
				body of the municipality shall call for the election to be held not less than
				60 days but not more than 90 days from the date that the request was received.
				The city or town clerk shall then set a date certain for an election. Provided,
				however, in the event that a municipality has executed a host community
				agreement with more than one applicant the election on each shall be set for
				the same date.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 124.00 - Host Community Election Process › Section 124.04 - Information to be Provided to Voters

Current through Register 1525, July 5, 2024
(1) The
			 host community agreement signed by the community and the applicant shall be
			 made public by publishing a fair, concise summary of the agreement in a
			 periodical of general circulation at the applicant's expense and on the
			 official website of the municipality not later than seven days after the
			 agreement is signed by the parties. Provided, the publication of the summary in
			 the periodical shall also either be accompanied by a copy of the agreement or
			 shall include the official website addresses of the municipality and the
			 Commission (at which locations a copy of the host community agreement shall be
			 posted for viewing), and shall contain an advisory that a hard copy of the
			 agreement can be obtained at the municipality's clerk's office. The fair,
			 concise summary of the agreement shall be approved by the city solicitor or
			 town counsel prior to publication, and shall outline the contents of the host
			 community agreement.
The agreement and summary shall remain on the municipal website
				until the election has been certified.
(2) Host communities shall make voting
			 information available to its citizens including deadlines for registering to
			 vote in the election and hours that polling places shall be open.
(3) No notice to or approval by the
			 commission is required prior to engaging in the process set forth in 205 CMR
			 124.04(1).
(4) For purposes of
			 205 CMR 124.00, unless a
			 city opts out in accordance with the seventh proviso of M.G.L. c. 23K, §
			 15(13) by a vote of the local governing body, if the gaming establishment is
			 proposed to be located in a city with a population of at least 125,000
			 residents as enumerated by the most recent enumerated federal census, "host
			 community'' shall mean the ward in which the gaming establishment is to be
			 located for the purpose of receiving a certified and binding vote on a ballot
			 question at an election. If a city opts out, it must do so prior to the call
			 for the election by the applicant, and it shall publish notice of such
			 determination in the manner provided by 205 CMR 124.04(1).
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 124.00 - Host Community Election Process › Section 124.05 - Conduct of the Election

Current through Register 1525, July 5, 2024
In addition to the provisions of the Massachusetts General Laws
				applicable to elections in the Commonwealth and 950 CMR:
Office of the
				Secretary of the Commonwealth
the following shall apply to host
				community elections:
(1) The polls may
			 be open as early as fifteen minutes before 6 a.m., and shall be open not later
			 than 7:00 A.M., and shall be kept open at least 13 hours. The polls shall not
			 be closed before 8:00 P.M.
(2) The
			 question on the ballot submitted to the voters shall be worded as follows:
			 "Shall the (city/town) of __________permit the operation of a gaming
			 establishment licensed by the Massachusetts Gaming Commission to be located at
			 __________ [description of site] _? YES_ NO_''.
(3) In the event that a host community has
			 entered into a host community agreement with more than one applicant, a
			 separate question, as provided in 205 CMR 124.05(2), shall be posed on the
			 ballot relative to each applicant. The questions shall be preceded with an
			 instruction that the questions are not presented in any particular order and
			 that a voter may vote 'yes' on both questions, 'no' on both questions, or 'yes'
			 on one and 'no' on the other. The order that the applicants appear on the
			 ballot shall be determined by the host community by drawing the names of the
			 applicants by lot at a publicly designated time and place.
(4) The ballot question(s) shall be
			 accompanied on the ballot by a fair, concise summary of the host community
			 agreement as determined by the city solicitor or town counsel.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 124.00 - Host Community Election Process › Section 124.06 - Reimbursing the Expenses of the Host Community Election

Current through Register 1525, July 5, 2024
(1) The applicant shall reimburse the
			 municipality that conducts the election for its reasonable and customary
			 expenses related to the host community election within 30 days after the
			 election, provided, however, that if the election occurs as part of a general
			 election, the applicant shall be responsible only for that portion of the
			 general election expenses that related to the host community election. The
			 expenses may include the costs for staffing and securing all voting locations,
			 printing of the ballots, and all related costs as prescribed by the city or
			 town clerk for conducting elections.
(2) Unless otherwise agreed by the parties,
			 within seven days of the election, the municipality shall provide the applicant
			 with an itemized invoice of the costs for which it seeks
			 reimbursement.
(3) The commission
			 shall deny an application for a gaming license if the applicant has not fully
			 reimbursed the municipality as provided in 205 CMR 124.06(1).
(4) The applicant shall disclose the
			 reimbursement in accordance with
			 970
			 CMR 1.19:
Contributions from Gaming
			 License Applicants and Persons Holding Such Licenses.
(5) If the result of the election is in the
			 negative and the applicant fails or refuses to reimburse the municipality that
			 conducted the election in accordance with 205 CMR 124.06(1) for all or any part
			 of its cost, then in an action by the municipality against the applicant in a
			 court of competent jurisdiction, the municipality shall be entitled to recover
			 treble the disputed costs of the election as determined by the court together
			 with the municipality's reasonable attorney fees and cost of that action. The
			 applicant's request for an election under
			 205 CMR
			 124.02 shall constitute its binding agreement
			 to abide by this provision.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 124.00 - Host Community Election Process › Section 124.07 - Post-election

Current through Register 1525, July 5, 2024
(1) If a majority of the votes cast in a host
			 community in answer to the ballot question is in the affirmative, the host
			 community shall be taken to have voted in favor of the applicant's
			 license.
(2) In accordance with
			 M.G.L. c. 23K, § 15(13), if a ballot election question is voted in the
			 negative, the applicant shall not submit a new request to the governing body
			 for a new election within 180 days of the last election.
(3) The city or town clerk or election
			 officer shall provide a certified copy of the election results to the
			 Commission and to the license applicant and the applicant shall include the
			 certified copy in its license application to the commission in accordance with
			 205 CMR
			 119.00:
Phase 2 Application
and
			 M.G.L. c. 23K, § 15(13).