reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 106.00 - Information and Filings › Section 106.02 - Communications; Notices

Current through Register 1525, July 5, 2024
(1) Except as
			 otherwise provided by
			 205 CMR
			 101.00, or as specified by the commission on its
			 website, all applications, papers, process or correspondence relating to the
			 commission or the bureau shall be addressed to, submitted to, filed with or
			 served upon the commission or the bureau, respectively, at its main
			 office.
(2) Service of process upon
			 the commission or the bureau shall be made in accordance with Mass. R. Civ. P.
			 4(d)(3).
(3) Service of all papers,
			 documents, notices and pleadings in adjudicatory proceedings conducted by or on
			 behalf of the commission or the bureau shall be made in accordance with
			 205 CMR
			 101.00:
M.G.L. c. 23K Adjudicatory
			 Proceedings
.
(4) Except as
			 set forth in
			 205
			 CMR 106.03, all other applications, papers,
			 documents, notices, correspondence or filings shall be deemed to have been
			 received by the commission when delivered to the main office of the commission
			 or to the chair, a commissioner, or such employee or employees of the
			 commission as may be designated by the chair and posted on the commission's
			 website. Except as set forth in
			 205
			 CMR 106.03, all other applications, papers,
			 documents, notices, correspondence or filings shall be deemed to have been
			 received by the bureau when delivered to the main office of the bureau or to
			 the deputy director or such employee, employees, or agents of the bureau as may
			 be specified by
			 205 CMR
			 101.00:
M.G.L. c. 23K Adjudicatory
			 Proceedings
or as may be designated by the deputy director as posted
			 on the commission's website.
(5)
			 Except as otherwise specifically provided by M.G.L. chs. 23K, 23N or
			 205 CMR
			 101.00 the commission or the bureau as applicable:
(a) will send any notice of public hearing
			 and any decision of the commission or the bureau concerning a specific
			 applicant, licensee or registrant to the applicant, licensee or registrant
			 either by in hand delivery, by mail, or by electronic mail to the address shown
			 in the most recent application or notice of change of address received from
			 such person; and
(b) may send any
			 other papers, documents, notices, or correspondence by any method specified in
			 205
			 CMR 106.02(5)(a)  or by
			 first class mail, postage prepaid. Notices from the commission or the bureau
			 shall be deemed to have been received upon the earlier of in hand delivery,
			 electronic mail transmission, or deposit in the United States mail, postage
			 prepaid, and the time specified in any such notice shall commence to run from
			 that date.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 106.00 - Information and Filings › Section 106.03 - Electronic Filing by Applicants during RFA-1 and RFA-2 Processes

Current through Register 1525, July 5, 2024
(1) The commission shall develop and post on
			 its website administrative procedures pursuant to which all applications,
			 papers, documents, correspondence and other information submitted by an
			 applicant to the commission or the bureau during the RFA-1 process pursuant to
			 205 CMR
			 115.00:
Phase 1 Suitability Determinations,
			 Standards and Procedures
and the RFA-2 process described in
			 205 CMR
			 110.00:
Issuance of Request for Category 1 and
			 Category 2 License Applications
must be filed by electronic means as
			 provided therein. Any document required by
			 205 CMR
			 101.00 to be signed or notarized shall be signed or
			 notarized, scanned and submitted in PDF form. All applicants must comply with
			 those administrative procedures.
(2) All such electronic submissions shall be
			 made in PDF format. Subject to technological limitations, all such submissions
			 shall be machine-readable and text searchable.
(3) In accordance with the administrative
			 procedures, electronic submission may be made via the internet or by filing at
			 the main office of the commission or the bureau, as applicable, a disk
			 containing the electronic submission. For electronic submissions via the
			 internet, the commission or the bureau will electronically transmit a Notice of
			 Electronic Filing which will constitute confirmation of the filing of the
			 submission with the commission or the bureau as applicable. In the event the
			 applicant does not receive a Notice of Electronic Filing, it is the applicant's
			 duty to take appropriate measures to confirm timely receipt of the electronic
			 submission by the commission or the bureau as applicable.
(4) Electronic filing via the internet will
			 be generally available 24 hours a day; however, that availability shall not
			 alter any filing deadline, whether set by regulation, commission or bureau
			 order, or the RFA itself. All electronic submissions of documents must be
			 completed prior to 5:00 P.M. to be considered timely filed that day.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 106.00 - Information and Filings › Section 106.04 - Petitions for Adoption, Amendment or Repeal of Regulations

Current through Register 1525, July 5, 2024
(1) Any interested person may file a petition
			 with the commission pursuant to M.G.L. c. 30A, § 4, for the adoption,
			 amendment or repeal of any regulation. Such petition shall be in writing, be
			 signed by the petitioner or petitioner's attorney, be submitted to the
			 commission at its main office, and include the following information:
(a) The name and address of the petitioner
			 and the petitioner's attorney;
(b)
			 The substance of the requested adoption, amendment or repeal of a
			 regulation;
(c) The reasons for the
			 request;
(d) The specific interest
			 of the petitioner affected by the requested regulation;
(e) Reference to the statutory authority
			 under which the commission may take the requested action; and
(f) Such data, views and arguments as the
			 petitioner thinks pertinent to the request.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 106.00 - Information and Filings › Section 106.05 - Advisory Services and Advisory Rulings

Current through Register 1525, July 5, 2024
The commission may, in its discretion, provide advisory
				services pursuant to M.G.L. c. 23K, § 4(7), or make advisory rulings
				pursuant to M.G.L. c. 30A, § 8.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 107.00 - Professional Practice › Section 107.01 - General Provisions

Current through Register 1525, July 5, 2024
No person may practice law, accountancy, architecture,
				professional engineering, land surveying or any other profession or occupation
				regulated by the laws of the Commonwealth of Massachusetts before the
				commission in any manner other than in accordance with law, the ethical
				standards applicable to the particular profession and
				205 CMR
				101.00:
M.G.L. c. 23K Adjudicatory
				Proceedings
. Practice shall include any matter connected with the
				representation of the interest of a client, including the making of any
				appearance and the preparing or filing of any necessary written document,
				correspondence or other paper relative to such interests.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 107.00 - Professional Practice › Section 107.02 - The Practice of Law

Current through Register 1525, July 5, 2024
(1) No
			 individual, other than a member, in good standing, of the bar of the
			 Commonwealth of Massachusetts, shall practice law before the commission;
			 provided, that a member of the bar, in good standing, of any other state may
			 appear and practice, by permission of the commission, in any particular matter
			 before the commission as set forth in
			 205
			 CMR 107.02(2).
(2) Not with standing
			 205
			 CMR 107.02(1), an attorney
			 who is a member of the bar of the highest court of any state may appear and
			 practice before the commission in a particular matter by leave granted in the
			 discretion of the commission, provided the attorney files a certificate that:
(a) the attorney is a member of the bar in
			 good standing in every jurisdiction where the attorney has been admitted to
			 practice;
(b) there are no
			 disciplinary proceedings pending against the attorney as a member of the bar in
			 any jurisdiction; and
(c) the
			 attorney has read and is familiar with M.G.L. chs. 23K, 23N and
			 205 CMR
			 101.00:
M.G.L. c. 23K Adjudicatory
			 Proceedings
; and provided further, that the attorney's application for
			 leave to practice before the commission is on request of a member, in good
			 standing, of the bar of the Commonwealth of Massachusetts, who shall:
1. represent the client concurrently as its
			 local counsel on the same particular matter;
2. appear of record in the particular matter;
			 and
3. be responsible for the
			 conduct of the out-of-state attorney in the particular matter; and provided
			 further that both such attorneys shall sign all papers submitted or filed by
			 counsel with the commission on behalf of their mutual client.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 107.00 - Professional Practice › Section 107.03 - Notice of Appearance by Attorney

Current through Register 1525, July 5, 2024
(1) Each
			 attorney practicing law before the commission shall promptly file with the
			 commission a notice of appearance in each particular matter and on behalf of
			 each client represented and may be required to file evidence of the attorney's
			 authority to act in such capacity. The address of each attorney, telephone
			 number, and e-mail address shall be stated. The signature of an attorney to a
			 document shall constitute an appearance by the attorney who signs it, unless
			 the paper states otherwise, and shall constitute a certificate that the
			 attorney has read the document and that to the best of the attorney's
			 knowledge, information, and belief there is a good ground to support
			 it.
(2) In the event of a change in
			 the attorney's address during a particular matter in which the attorney has
			 appeared, the attorney shall immediately notify the commission in writing.
			 Unless otherwise provided by
			 205 CMR
			 107.00, an attorney may withdraw from a particular
			 matter by filing written notice of withdrawal with the commission, together
			 with proof of service on the attorney's client and any other parties to the
			 particular matter.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 108.00 - Community And Political Contributions › Section 108.01 - Prohibited Political Contributions

Current through Register 1525, July 5, 2024
(1)
			 As specified in M.G.L. c. 23K, § 46, no applicant for a gaming license,
			 nor any holding, intermediary or subsidiary company thereof, nor any prohibited
			 person, nor any person or agent on behalf of any such applicant, company or
			 prohibited person, shall directly or indirectly, pay or contribute any money or
			 thing of value to:
(a) an individual who
			 holds a municipal, county or state office;
(b) any candidate for nomination or election
			 to any public office in the Commonwealth of Massachusetts, including a
			 municipal office; or
(c) any group,
			 committee or association organized in support of any such candidate; provided,
			 however, that the provisions of 205 CMR 108.01 shall not prohibit an individual
			 who is a candidate for public office from contributing to the candidate's own
			 campaign.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 108.00 - Community And Political Contributions › Section 108.02 - Mandatory Disclosure of Political Contributions and Community Contributions

Current through Register 1525, July 5, 2024
(1) An applicant or
			 qualifier shall disclose to the commission in the Phase 1 application all
			 political contributions and community contributions from November 22, 2011
			 through the date the Phase 1 application is filed and shall disclose in the
			 Phase 2 application all political contributions and community contributions
			 from January 15, 2013 through the date the Phase 2 application is filed. This
			 duty of disclosure shall continue after the submission of the application and
			 throughout the period of examination and investigation of the applicant and its
			 qualifiers by the bureau and commission. The failure to make such disclosures
			 shall constitute a violation of M.G.L. c. 23K, § 13 and
			 205 CMR 112.00:
Required Information and Applicant Cooperation,
and may
			 subject the applicant licensee or qualifier to a negative determination of
			 suitability or denial of its application for a gaming license or to a
			 revocation of a gaming license or determination of suitability for licensure,
			 and any other remedial actions by the commission.
(2) All political contributions or
			 contributions in kind made by an applicant for a gaming license to a
			 municipality or a municipal employee, as defined in M.G.L. c. 268A, § 1,
			 of the host community of the applicant's proposed gaming establishment shall be
			 disclosed by the applicant to the commission in accordance with
			 205 CMR 111.00:
Phase 1 Application Requirements
and contributions made from
			 January 15, 2013 through the date the Phase 2 application is filed shall be
			 disclosed in the Phase 2 application and to the city or town clerk of the host
			 community. Applicants shall also fully and completely comply with
			 970
			 CMR 1.19:
Contributions from Gaming
			 License Applicants and Persons Holding Such Licenses
(Office of
			 Campaign and Political Finance) so as to enable timely and expeditious public
			 reporting.
(3) The duty to disclose
			 set forth in 205 CMR 108.02(1) and (2) shall not prohibit disbursements to host
			 or surrounding municipalities pursuant to
			 205 CMR
			 114.03:
Community
			 Disbursements.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 108.00 - Community And Political Contributions › Section 108.03 - Mandatory Disclosure of Requests Any Thing of Value

Current through Register 1525, July 5, 2024
(1) For purposes of 205 CMR 108.03, a request
			 for any thing of substantial value means a request for compensation,
			 contribution(s), services, gifts, request(s) to do or take or refrain from
			 doing or taking any action with a face value or fair market value of $1000 or
			 more at the time it was requested. Examples of any thing of value include, but
			 are not limited to, cash, food or drink, contributions to a charity or
			 non-profit or tickets to entertainment, cultural or sporting events. To
			 determine the value of attendance at an event, the calculation shall include,
			 if such information is available, the admission fee or ticket price or per
			 person cost to the sponsor or the actual cost of the event may be divided by
			 the number of attendees.
(2) An
			 applicant shall disclose to the commission in the RFA-2 application all
			 requests, of which it is aware, or through due diligence should have been
			 aware, for any thing of substantial value made to an agent or employee of the
			 applicant or any qualifier by persons or persons listed in
			 205 CMR
			 108.01(1)  from January 15,
			 2013 through the date the RFA-2 application is filed. This duty of disclosure
			 shall continue after the submission of the application and throughout the
			 period of examination and investigation of the applicant and its qualifiers by
			 the bureau and commission. The failure to make such disclosures shall
			 constitute a violation of M.G.L. c. 23K, § 13 and
			 205 CMR 112.00:
Required Information and Applicant Cooperation,
and may result
			 in the denial of the application for a gaming license or to a revocation of a
			 gaming license or any other remedial actions deemed reasonably by the
			 commission.
(3) The disclosure
			 shall include the name of the person making the request, the date the request
			 was made and the nature of the request.
(4) The duty to disclose set forth in 205 CMR
			 108.03(1) and (2) shall not include requests for disbursements by
			 municipalities pursuant to
			 205 CMR
			 114.03:
Community Disbursements
or requests for disbursements by municipalities made in accordance
			 with an agreement between an applicant and the municipality to pay or reimburse
			 expenses incurred in connection with the negotiation of a host or surrounding
			 community agreement.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 109.00 - Authority of the Commission to Act in an Emergency Situation › Section 109.01 - Authority of the Commission to Act in an Emergency Situation

Current through Register 1525, July 5, 2024
(1) Consistent with the principles outlined
			 in M.G.L. c. 23K, § 1 and M.GL. c. 23N, § 4 and in furtherance of the
			 Commission's broad superintendence powers established in M.G.L. c. 23K, §
			 1, M.G.L. c. 23K, § 4 and M.G.L. c. 23N, § 4, in an emergency
			 situation the Commission or the Bureau may, in furtherance of the provisions of
			 M.G.L. c. 23K, §§ 23(b) and 35 and M.G.L. c. 23N, §§ 4(g),
			 16(i) and 21(b), in its discretion, take any action it deems necessary to
			 preserve the health and safety of its employees, the gaming licensees, sports
			 wagering operators and their employees, or patrons. An emergency situation may
			 include, but not be limited to:
(a) A state of
			 emergency declared by the Governor of the Commonwealth pursuant to St. 1950, c.
			 639, § 5;
(b) A national
			 emergency declared by the President of the United States pursuant to
			 50 U.S.C.
			 1601
et seq
.;
(c) A local, national, or global public
			 health emergency as declared by the Massachusetts Department of Public Health,
			 the Federal Centers for Disease Control and Prevention, the World Health
			 Organization, or a similarly situated local or national agency or organization
			 having expertise in public health;
(d) A natural disaster; or
(e) Any situation that presents an immediate
			 threat of serious physical harm to the health or well-being of the public that
			 requires action without delay.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 110.00 - Issuance Of Request For Category 1 And Category 2 License Applications › Section 110.01 - Phased Process for Request for Applications

Current through Register 1525, July 5, 2024
(1)
			 The application process for both a category 1 license and a category 2 license
			 shall proceed in two phases. The first phase shall be known as Request for
			 Applications Phase 1 ("RFA-1") and the second phase shall be known as Request
			 for Applications Phase 2 ("RFA-2").
(2) Only those applicants that are found by
			 the commission to be qualified pursuant to a determination of suitability at
			 the conclusion of RFA-1 in accordance with
			 205 CMR 115.00:
Phase 1 Suitability Determinations, Standards and Procedures
shall be permitted to proceed to the second phase, RFA-2.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 110.00 - Issuance Of Request For Category 1 And Category 2 License Applications › Section 110.02 - Timing of the RFA-1 and RFA-2 Processes

Current through Register 1525, July 5, 2024
(1)
			 The commission shall issue a public request for applications including the
			 availability of the RFA-1 or RFA-2 application forms, which shall be published
			 in a manner designated by the commission.
(2) The issuance of the commission's RFA-1
			 for category 2 license applications shall precede the issuance of the RFA-1 for
			 category 1 license applications; and the issuance of the RFA-2 for category 2
			 license applications shall precede the issuance of the RFA-2 for category 1
			 license applications.
(3) The
			 commission shall establish a deadline for the submission of each type of
			 application which shall be specified in the request under 205 CMR
			 110.02(1).
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 111.00 - Phase 1 Application Requirements › Section 111.01 - Phase 1 Application Requirements

Current through Register 1525, July 5, 2024
(1)
			 The requirements set forth in
			 205 CMR 111.00 apply to the
			 Phase 1 determination of suitability issued by the commission unless otherwise
			 noted.
(2)
Commission
			 Consultation
. The commission or its designees may conduct one or
			 more consultation meetings to provide guidance on Phase 1 standards and
			 procedures and answer any appropriate inquiries.
(3) Applicants must use the appropriate
			 application forms issued or adopted by the commission. Each application shall
			 be prepared and submitted in accordance with the applicable provisions of
			 M.G.L. c. 23K and
			 205 CMR 101.00 through
			 117.00 and the instructions
			 on the commission's forms. Applicants for a category 1 license or a category 2
			 license shall, at a minimum, submit the following completed forms to initiate
			 RFA-1 review under
			 205
			 CMR 111.02:
Business Entity
			 Disclosure Form - Category 1 and Category 2 Entity Applicants and Holding/
			 Intermediary Companies;
205 CMR
			 111.03:
Multi-jurisdictional Personal
			 History Form;
and
			 205 CMR
			 111.04:
Massachusetts Supplemental
			 Form.
(4) At a minimum,
			 the application must contain:
(a) all the
			 relevant information required in
			 205 CMR 111.00;
(b) the license fee pursuant to
			 205 CMR
			 114.00:
Fees;
and
(c) disclosure of payments or contributions
			 to local governments pursuant to
			 205
			 CMR 108.02:
Mandatory Disclosure of
			 Political Contributions and Community Contributions.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 111.00 - Phase 1 Application Requirements › Section 111.04 - Massachusetts Supplemental Form

Current through Register 1525, July 5, 2024
A PHD-MA-SUPP shall be submitted by each category 1 and
				category 2 license qualifier in a format prescribed by the commission and may
				require the qualifier to provide the following information and such additional
				information as the commission may, in its discretion, determine:
(a) Name, including maiden name and any
			 aliases or nicknames and applicable dates of use;
(b) Date of birth;
(c) Physical description, including a color
			 photograph taken within the past six months;
(d) Current address, mailing and home, if
			 different;
(e) Home and work
			 telephone numbers;
(f) Social
			 Security Number, which information is voluntarily provided in accordance with
			 5 U.S.C. §
									552a;
(g) The gaming license applicant or holding
			 company, as applicable, with which the qualifier is affiliated, and the nature
			 of the qualifier's position with or interest in such entity;
(h) Citizenship and, if applicable, resident
			 alien status, including any employment authorization with expiration date;
			 country of which the qualifier is a citizen, place of birth, port of entry to
			 the United States, and name and addresses of sponsor(s) upon the qualifier's
			 arrival;
(i) Whether during the
			 last ten years any entity in which the qualifier has been a director, officer,
			 principal employee or a holder of 5% or more interest has:
1. Made or been charged with (either itself
			 or through third parties acting for it) bribes or kickbacks to any government
			 official, domestic or foreign, to obtain favorable treatment or to any company,
			 employee or organization to obtain a competitive advantage;
2. Held a foreign bank account or has had
			 authority to control disbursements from a foreign bank account;
3. Maintained a bank account or other
			 account, whether domestic or foreign, which is not reflected on the books or
			 records of the business or which is in a name other than the name of the
			 business;
4. Donated, loaned or
			 used funds or property for the use or benefit of or in opposing any government,
			 political party, candidate or committee either domestic or foreign;
5. Compensated any of its directors, officers
			 or employees for time and expenses incurred in performing services for the
			 benefit of or in opposing any government or political party domestic or
			 foreign; or
6. Made any loans,
			 donations or other disbursement to its directors, officers or employees for the
			 purpose of making political contributions or reimbursing such individuals for
			 political contributions whether domestic or foreign;
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 111.00 - Phase 1 Application Requirements › Section 111.05 - Withdrawal of Application

Current through Register 1525, July 5, 2024
(1) Except as
			 provided in 205 CMR 111.05(2), a written notice of withdrawal of an application
			 or renewal papers may be filed by an applicant, qualifier, licensee or
			 registrant at any time prior to final commission action thereon.
(2) A withdrawal request submitted in
			 accordance with 205 CMR 111.05(1) shall be permitted without the need for
			 commission approval except under the following conditions, in which cases no
			 withdrawal will be allowed without express commission approval upon a finding
			 of good cause:
(a) If a hearing on an initial
			 application or renewal has been requested by a party or directed by the bureau
			 or commission;
(b) If the
			 application or renewal matter has been transmitted to a bureau presiding
			 officer;
(c) If the application or
			 renewal matter has been assigned to any other hearing examiner authorized by
			 law to hear such matter; or
(d) If
			 the commission has made a determination to hear the application or renewal
			 matter directly.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 112.00 - Required Information And Applicant Cooperation › Section 112.01 - Additional information

Current through Register 1525, July 5, 2024
(1) The commission,
			 the bureau or their agents and employees may request additional information and
			 documents from an applicant for a gaming license including all qualifiers, key
			 gaming employee license, gaming employee license, gaming service employee
			 registration, any vendor license or registration, or any other license or
			 registration required in accordance with M.G.L. c. 23K or 205 CMR throughout
			 the application review process including after the application has been deemed
			 administratively complete under
			 205 CMR 111.00:
Phase 1 Application Requirements
and
			 205 CMR
			 118.03:
RFA-2 Administrative
			 Completeness Review
. Failure by the applicant to timely submit the
			 additional information as requested by the commission, the bureau or their
			 agents and employees may be grounds, in the discretion of the commission, for
			 denial of the application.
(2) All
			 applicants, licensees, registrants and qualifiers under M.G.L. c. 23K and 205
			 CMR shall comply with all requests of the commission, the bureau and their
			 agents and employees for information and documents as authorized by M.G.L. c.
			 23K and 205 CMR.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 112.00 - Required Information And Applicant Cooperation › Section 112.02 - Obligation to Cooperate

Current through Register 1525, July 5, 2024
(1) Applicants,
			 licensees, registrants and qualifiers shall respond within ten days or within
			 the time specified in an information request by the commission, the bureau and
			 their agents and employees under
			 205 CMR
			 112.01 to said information request.
(2) All applicants, licensees, registrants
			 and qualifiers under M.G.L. c. 23K shall have a continuing duty to provide all
			 information and documents requested by the commission, bureau, and their agents
			 and employees and to cooperate in any investigation or hearing conducted by the
			 commission, bureau, and their agents and employees, as authorized by M.G.L. c.
			 23K. Without limitation, an applicant, licensee, registrant and qualifier shall
			 have a continuing duty to provide updated information to the commission, the
			 bureau and their agents and employees in connection with the Phase 1
			 investigation by the bureau pursuant to
			 205
			 CMR 115.03:
Phase 1 Investigation and
			 Recommendations by the Bureau
, the Phase 2 application review
			 conducted in accordance with
			 205 CMR 118.00:
Phase 2 Administrative Proceedings
, an investigation commenced
			 after submission of an application for licensure or registration in accordance
			 with
			 205 CMR 134.00:
Licensing and Registration of Employees, Vendors, Junket Enterprises
			 and Representatives, and Labor Organizations
and any hearing by the
			 commission or the bureau pursuant to
			 205 CMR 101.00:
M.G.L. c. 23K Adjudicatory Proceedings
.
(3) If the commission determines that an
			 applicant, licensee, registrant, or qualifier has knowingly withheld
			 information, knowingly failed to provide information or documents requested by
			 the commission, bureau, or their agents and employees, or knowingly failed to
			 cooperate with any investigation or hearing conducted by the commission,
			 bureau, or their agents and employees, the commission may, with respect to such
			 person:
(a) Find that person ineligible to
			 hold a license or registration or be qualified in connection with a
			 license;
(b) Suspend the relevant
			 license, registration or qualification; or
(c) Revoke the relevant license, registration
			 or qualification.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 112.00 - Required Information And Applicant Cooperation › Section 112.03 - Obligation to Provide Truthful Information

Current through Register 1525, July 5, 2024
(1)
			 No applicant, licensee, registrant or qualifier shall knowingly provide
			 materially false or misleading information to the commission, the bureau, or
			 their agents and employees.
(2) If
			 the commission determines that an applicant, licensee, registrant, or qualifier
			 has knowingly provided materially false or misleading information to the
			 commission, the bureau, or their agents and employees, the commission shall,
			 with respect to such person:
(a) Find that
			 person ineligible to hold a license or registration or be qualified in
			 connection with a license;
(b)
			 Suspend, condition or revoke the relevant license, registration or
			 qualification.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 114.00 - Fees › Section 114.01 - Application Fees

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 23K, § 15(11), each applicant for a
				gaming license shall pay to the commission a nonrefundable application fee of
				$400,000 to defray the costs associated with the processing of the application
				and investigation of the applicant; provided, however, that if the costs of the
				investigation exceed the initial application fee, the applicant shall pay the
				additional amount to the commission within 30 days after notification of
				insufficient fees or the application shall be rejected.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 114.00 - Fees › Section 114.02 - Payment of Application Fees

Current through Register 1525, July 5, 2024
For a gaming license, the applicant shall pay the initial
				non-refundable application fee of $400,000 by certified check or secure
				electronic funds transfer made payable to the "Massachusetts Gaming
				Commission." The applicant shall submit this initial non-refundable application
				fee with its initial application and response to the RFA-1 process set forth in
				205 CMR 110:00:
Issuance of Request for Category 1 and Category 2
				License Applications;
provided, however, that an applicant for a
				gaming license may submit the initial non-refundable application fee before the
				submission of the initial application and response to the RFA-1 process
				provided that such early submission shall be accompanied by a certification in
				a form required by the commission confirming the applicant's intention to apply
				for a gaming license pursuant to M.G.L. c. 23K and the applicant's
				acknowledgement that the fee is non-refundable.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 114.00 - Fees › Section 114.04 - Additional Fees for Investigations

Current through Register 1525, July 5, 2024
(1)
			 Pursuant to
			 205 CMR
			 114.00, the applicant shall be responsible for paying
			 to the Commission all costs incurred by the commission, directly or indirectly,
			 for conducting any investigation into an applicant. As required by the
			 procedure established pursuant to 205 CMR 114.04(5), the applicant shall pay to
			 or reimburse the commission for all such investigation costs that exceed the
			 initial application fee.
(2) For
			 purposes of
			 205 CMR
			 114.00, the costs for conducting any investigation
			 into an applicant shall include, without limitation:
(a) All costs for conducting an investigation
			 into an applicant and its qualifiers, the applicant's affiliates and close
			 associates, and any other person subject to the jurisdiction of the commission
			 under M.G.L. c. 23K relating to the application in question; and
(b) All fees for services, disbursements, out
			 of pocket costs, allocated overhead, processing charges, administrative
			 expenses, professional fees, and other costs directly or indirectly incurred by
			 the commission, including without limitation all such amounts incurred by the
			 commission to and through the bureau, the division, the gaming enforcement
			 unit, the gaming liquor enforcement unit, and any contractor
			 investigator.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 114.00 - Fees › Section 114.05 - Non-refundable Application Fees

Current through Register 1525, July 5, 2024
(1) All required
			 application fees and community disbursements pursuant to
			 205 CMR
			 114.00 shall be non-refundable, due and payable
			 notwithstanding the withdrawal or abandonment of any application.
(2) In connection with an application for a
			 gaming license, the applicant, its affiliates, and each party to any agreement
			 to purchase or lease the land for a gaming establishment, to own the gaming
			 establishment, or to manage the gaming establishment shall be jointly and
			 severally liable for any amounts chargeable to the applicant pursuant to
			 205 CMR
			 114.00.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 115.00 - Phase 1 and new qualifier suitability determination, standards, and procedures › Section 115.01 - Phase 1 and New Qualifier Determination Standards

Current through Register 1525, July 5, 2024
(1)
Phase 1 Determination
			 Standards
. The Commission shall not issue an affirmative
			 determination of suitability for any Category 1 or Category 2 applicants
			 unless:
(a) The applicant meets the standards
			 in M.G.L. c. 23K, §§ 12, 16, 46 and 47.
(b) The applicant complies with the
			 provisions of
			 205 CMR 111.00:
Phase 1 Application Requirements
and
			 205 CMR 115.00.
(c) The Commission has determined that the
			 applicant has demonstrated financial stability pursuant to
			 205 CMR 117.00:
Phase I Determination of Financial Stability
.
(d) All qualifiers under
			 205 CMR
			 116.02:
Persons Required to be
			 Qualified
have been determined to be suitable by the Commission or
			 received a waiver under
			 205 CMR 116.03:
Waivers
.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 115.00 - Phase 1 and new qualifier suitability determination, standards, and procedures › Section 115.02 - Phase 1 and New Qualifier Procedures

Current through Register 1525, July 5, 2024
(1) When a
			 completed RFA-1 application,
Multi-jurisdictional Personal History
			 Disclosure Form, Massachusetts Supplemental Form
, or
Business
			 Entity Disclosure Form - Category 1 and Category 2 Entity Applicants and
			 Holding/Intermediary Companies
is filed, the application shall be
			 referred by the Commission to the bureau for a determination of completeness
			 and investigation.
(2)
Determination of Administrative Completeness
. After
			 receiving the application containing the information required by
			 205
			 CMR 111.02:
Business Entity
			 Disclosure Form - Category 1 and Category 2 Entity Applicants and
			 Holding/Intermediary Companies
or
			 205 CMR
			 111.03:
Multi-jurisdictional Personal
			 History Disclosure Form
and
			 205 CMR
			 111.04:
Massachusetts Supplemental
			 Form
, the bureau will either determine that the application is
			 sufficiently complete for purposes of initiating substantive review or request
			 additional information from the applicant.
(3)
Notice
. After
			 the bureau has determined that an application is administratively complete, in
			 accordance with 205 CMR 115.02(2), it shall notify the applicant or new
			 qualifier of such determination.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 115.00 - Phase 1 and new qualifier suitability determination, standards, and procedures › Section 115.03 - Phase 1 and New Qualifier Investigation and Recommendations by the Bureau

Current through Register 1525, July 5, 2024
(1) The bureau shall conduct an investigation
			 into the qualifications and suitability of all applicants and qualifiers, as
			 provided for in M.G.L. c. 23K, §§ 12 and 16. The bureau may conduct
			 the investigation, in whole or in part, with the assistance of one or more
			 contractor investigators pursuant to
			 205
			 CMR 105.10:
Authority to Retain and
			 Utilize Contractor Investigators.
Additionally, such an investigation
			 may be conducted at any time after a qualifier is granted a positive
			 determination of suitability to ensure that they continue to meet the
			 suitability standards.
(2) At the
			 completion of the bureau's investigation, it shall submit a written report to
			 the Commission. At a minimum, this report will include: recommendations
			 pursuant to M.G.L. c. 23K, §§ 12, 14(i) and 16 and findings of fact
			 pursuant to M.G.L. c. 23K, § 17(f), as required, relative to the
			 suitability of the applicant for a gaming license and/or of any new qualifiers
			 or existing qualifiers.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 115.00 - Phase 1 and new qualifier suitability determination, standards, and procedures › Section 115.04 - Phase 1 and New Qualifier Proceedings by the Commission

Current through Register 1525, July 5, 2024
(1) After the Commission has received the
			 bureau's report under
			 205
			 CMR 115.03(2), it shall
			 provide a copy to the applicant or qualifier and the Commission shall determine
			 whether to initiate a process for a public hearing or adjudicatory proceeding.
			 However, the Commission may only utilize the public hearing process with the
			 qualifier's consent.
(2)
Adjudicatory Proceeding
. If the Commission determines
			 that an adjudicatory proceeding shall be held, the Commission shall conduct an
			 adjudicatory proceeding pursuant to
			 205 CMR
			 101.00:
M.G.L. c. 23K Adjudicatory
			 Proceedings
on the report by the bureau concerning the applicant or
			 qualifier pursuant to
			 205
			 CMR 115.03(2).
(3)
Public Hearing
.
			 If the Commission determines that a public hearing should be held, the
			 Commission shall review the bureau's suitability report in a public hearing,
			 subject to redaction in accordance with M.G.L. c. 4, § 7(26). The
			 Commission will issue a notice in advance of the public hearing stating the
			 date, time and place of the hearing and the form (oral or written) and
			 conditions pursuant to which the Commission will receive public
			 comments.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 116.00 - Persons Required To Be Licensed Or Qualified › Section 116.01 - Persons Required to be Licensed

Current through Register 1525, July 5, 2024
No Category 1 or Category 2 license shall be issued by the
				commission or shall remain in effect unless and until the applicant and all
				qualifiers identified in
				205 CMR 116.00 have been
				found by the commission to meet all standards necessary for a Phase 1
				determination of suitability under
				205 CMR 115.00:
Phase 1 and New Qualifier Suitability Determination, Standards and
				Procedures
.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 116.00 - Persons Required To Be Licensed Or Qualified › Section 116.02 - Persons Required to be Qualified

Current through Register 1525, July 5, 2024
(1)
			 The following persons shall be required to qualify as part of the Phase 1 or
			 new qualifier determination for a Category 1 or Category 2 license:
(a) If the applicant is a corporation:
1. Each officer
2. Each director
3. In the judgment of the commission in
			 accordance with this M.G.L. c. 23K:
a. each
			 shareholder holding 5% or more of the common stock of the company
b. each lender
c. each holder of evidence of
			 indebtedness
d. each
			 underwriter
e. each close
			 associate
f. each
			 executive
g. each agent
h. each employee
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 116.00 - Persons Required To Be Licensed Or Qualified › Section 116.03 - Waivers

Current through Register 1525, July 5, 2024
(1) The commission may, in its discretion,
			 waive qualification requirements for the following persons under the following
			 conditions:
(a) In the case of applicant
			 corporations and holding, intermediary and subsidiary corporations, those
			 persons holding less than 5% of the common stock of the company;
(b) In the case of institutional investors,
			 if the institutional investor holds up to 15% of the stock of the applicant,
			 holding, intermediary or subsidiary company;
(c) In the case of persons involved in the
			 financing of the gaming establishment provided:
1. A lender to an applicant or licensee that
			 is obtaining financing for the construction or operation of a Category 1 or
			 Category 2 facility shall be required to be licensed, unless the following
			 apply:
a. The lender is in the business of
			 providing debt or equity capital to individuals or entities;
b. The loan is in the ordinary course of the
			 lender's business; and
c. The
			 lender does not have the ability to control or otherwise influence the affairs
			 of the applicant or licensee.
2. A lender that is required to be licensed
			 may lend to an applicant or licensee if the lender has filed a completed
			 application in accordance with 205 CMR and has received lender authorization
			 from the commission or bureau.
3. A
			 person that acquires a debt instrument issued by an applicant or licensee in a
			 public or exempt private offering shall not be required to be licensed if:
a. The person does not have any right or
			 ability to control or influence the affairs of the licensee; and
b. The person's acquisition of the debt
			 instrument is in the ordinary course of business and is not part of a plan or
			 scheme to avoid the requirements of
			 205 CMR 116.00.
4. Notwithstanding any provision
			 to the contrary in
			 205 CMR 116.00, the
			 commission may require the licensure of any person that holds a debt instrument
			 issued by an applicant or licensee if the commission has reason to believe that
			 the person would not satisfy the requirements of 205 CMR or M.G.L. c. 23K;
			 or
(d) In the case of
			 any person that, in the opinion of the commission cannot exercise control or
			 provide direction to a gaming licensee or applicant for a gaming licensee or a
			 holding, intermediary or subsidiary company thereof.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 116.00 - Persons Required To Be Licensed Or Qualified › Section 116.04 - Notification of Anticipated or Actual Changes in Directors, Officers or Equivalent Qualifiers

Current through Register 1525, July 5, 2024
(1) Each Category 1
			 and Category 2 applicant or licensee shall notify the commission, in writing,
			 as soon as it becomes aware, of the proposed appointment, appointment, proposed
			 nomination, nomination, election, intended resignation, resignation,
			 incapacitation or death of any qualifier.
(2) Upon receipt of a notice under 205 CMR
			 116.04(1), the commission shall refer the matter to the bureau for appropriate
			 handling including, but not limited to, a notice to the new qualifier requiring
			 the filing of an appropriate application and the subsequent investigation of
			 that application.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 116.00 - Persons Required To Be Licensed Or Qualified › Section 116.05 - Notification of New Financial Sources

Current through Register 1525, July 5, 2024
(1) Each
			 Category 1 and Category 2 applicant or licensee shall immediately notify the
			 commission, in writing, as soon as it becomes aware that it intends to enter
			 into a transaction bearing any relation to its gaming establishment project
			 that may result in new persons involved in the financing of the gaming
			 establishment.
(2) Upon receipt of
			 a notice under 205 CMR 116.05(1), the commission shall refer the matter to the
			 bureau for appropriate handling, including, but not limited to, a notice to the
			 new financial source requiring the filing of an appropriate application and the
			 subsequent investigation of that application.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 116.00 - Persons Required To Be Licensed Or Qualified › Section 116.06 - Notification Concerning Certain New Qualifiers of Holding, Intermediary or Subsidiary Companies and New Qualifying Entities

Current through Register 1525, July 5, 2024
(1) Each Category 1 and Category 2 applicant
			 or licensee shall immediately notify the commission, in writing, as soon as it
			 becomes aware of any new persons required to be qualified in connection with
			 the holding, intermediary or subsidiary company of that Category 1 or Category
			 2 applicant or licensee in accordance with M.G.L. c. 23K.
(2) Upon receipt of a notice under 205 CMR
			 116.06(1), the commission shall refer the matter to the bureau for appropriate
			 handling, including, but not limited to, a notice to the new person requiring
			 the filing of an appropriate application and the subsequent investigation of
			 that application.