Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 136.00 - Sale and distribution of alcoholic beverages at gaming establishments › Section 136.03 - Issuance of License and Permit

Current through Register 1525, July 5, 2024
(1)
Authority
. Pursuant to M.G.L. c. 23K, § 26, the
			 commission may grant a gaming beverage license to a gaming licensee for
			 purposes of allowing the sale and distribution of alcoholic beverages within
			 all licensed areas of the gaming establishment as identified and defined in the
			 license subject to
			 205 CMR
			 136.00 to be drunk on the premises of the gaming
			 establishment, subject to any restrictions imposed on the license.
(2)
Hearings and Additional
			 Information
. After reviewing a gaming beverage license application
			 submitted pursuant to
			 205 CMR
			 136.04(1), an application to
			 amend a licensed area, or an application for a special event beverage permit
			 submitted pursuant to
			 205 CMR
			 136.04(3), and prior to
			 taking action on the application the commission or the commission's Division of
			 Licensing may request additional information from the applicant to complete or
			 supplement the application or may request that the applicant modify the
			 application in the interests of the integrity of gaming and/or public health,
			 welfare, or safety.
(3)
Gaming Beverage License and Licensed Areas
.
			 Applications for licensure shall be submitted to the commission's Division of
			 Licensing. Upon receipt of a complete application for a gaming beverage
			 license, a complete application to amend, alter, or add a licensed area, and
			 the fees required by
			 205 CMR 136.05, the Division
			 of Licensing shall review the application to determine whether it contains all
			 of the elements required in accordance with
			 205 CMR
			 136.04. If the Division of Licensing is
			 satisfied that the application meets the requirements of
			 205 CMR
			 136.04 and M.G.L. c. 23K, § 26, and that
			 any modifications requested in accordance with 205 CMR 136.03(2) have been
			 satisfactorily addressed, it shall forward the application to the commission
			 with a recommendation that it be approved. If it is not satisfied that the
			 application meets the requirements of
			 205 CMR
			 136.04, or that a modification requested in
			 accordance with 205 CMR 136.03(2) has been satisfactorily addressed, it shall
			 engage in the process outlined in 205 CMR 136.03(2) or deny the application and
			 advise the applicant that it may appeal the decision directly to the commission
			 in accordance with
			 205 CMR
			 101.01:
Hearings Before the
			 Commission.
(4) The
			 commission shall review the application at a hearing conducted in accordance
			 with
			 205 CMR
			 101.01:
Hearings Before the
			 Commission
upon receipt from the Division of Licensing and may approve
			 the application, or parts thereof, and issue the gaming beverage license it if
			 meets all of the requirements of
			 205 CMR
			 136.00 and M.G.L. c. 23K, § 26, or deny or
			 condition the gaming beverage license, or parts thereof, if it determines that
			 the application does not meet all of the requirements of
			 205 CMR
			 136.00 and M.G.L. c. 23K, § 26 or may in some way
			 compromise the integrity of gaming and/or public health, welfare, or
			 safety.