reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 150.00 - Protection Of Minors And Underage Youth › Section 150.02 - Monitoring the Premises for Unattended Minors

Current through Register 1525, July 5, 2024
(1) Each gaming licensee shall establish
			 policies, procedures, and practices requiring its security and surveillance
			 personnel, or equivalent personnel, to conduct regular checks of parking areas
			 for minors left in motor vehicles and for the immediate report of any such
			 finding to the police department in the host community and to the state police
			 in the Gaming Enforcement Unit.
(2)
			 Each gaming licensee shall establish policies, security procedures, and
			 security practices to ensure the safety of minors on the premises of a gaming
			 establishment, including but not limited to monitoring the premises of the
			 gaming establishment for unattended minors.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 150.00 - Protection Of Minors And Underage Youth › Section 150.03 - Advertising and Marketing Guidelines

Current through Register 1525, July 5, 2024
No gaming licensee shall authorize or conduct marketing,
				advertising, and/or promotional communications or activity relative to gaming
				that specifically targets persons younger than 21 years old.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 150.00 - Protection Of Minors And Underage Youth › Section 150.04 - Preventing the Service of Alcohol to Underage Persons

Current through Register 1525, July 5, 2024
Each gaming licensee shall implement policies, procedures, and
				practices in accordance with
				205 CMR
				138.12:
Alcoholic Beverage Control
to prevent the service of alcoholic beverages to underage persons upon
				the premises of the gaming establishment.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 150.00 - Protection Of Minors And Underage Youth › Section 150.05 - Reporting Requirements Related to Minors and Underage Persons

Current through Register 1525, July 5, 2024
Each gaming licensee shall submit an underage person report to
				the IEB by the tenth day of each month reporting the following
				information:
(1) The number of persons
			 younger than 21 years old found in the gaming area;
(2) The number of persons younger than 21
			 years old found gaming at tables;
(3) The number of persons younger than 21
			 years old found gaming at slot machines or other electronic gaming
			 devices;
(4) The number of persons
			 younger than 21 years old found consuming alcohol;
(5) The number of persons younger than 21
			 years old turned over to the proper law enforcement authority; and
(6) The number of persons younger than 21
			 years old escorted from the gaming area.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 151.00 - Requirements for the Operations and Conduct of Gaming at a Gaming Establishment › Section 151.03 - Operation Certificate: Test Period

Current through Register 1525, July 5, 2024
(1)
			 Prior to the issuance of a Operation Certificate, a gaming licensee shall
			 successfully complete an evaluation and test period in accordance with such
			 terms and conditions as are reasonably calculated by the commission to allow
			 the commission to assess whether the licensee is in compliance with M.G.L. c.
			 23K, § 25(a) and
			 205 CMR
			 151.01(3).
(2) The commission will provide the gaming
			 licensee with the terms and conditions of the test period promptly upon receipt
			 of the licensee's request for an Operation Certificate.
(3) The terms and conditions of the test
			 period as determined by the commission, or its designee, shall incorporate, at
			 a minimum, the following:
(a) The dates and
			 times of the test period. Provided said schedule may be increased or decreased
			 by the commission or its designee as necessary to determine compliance with
			 M.G.L. c. 23K, § 25(a) and
			 205 CMR
			 151.01(3);
(b) The areas and operations of the gaming
			 establishment that will be tested, inspected, and reviewed including a review
			 of the layout of the gaming establishment in comparison to that depicted in the
			 floor plan submitted in accordance with
			 205 CMR
			 151.02;
(c) Any actions necessary to preserve and to
			 assure an effective evaluation of the gaming licensee during such test period
			 including permitting, limiting, restricting or prohibiting the gaming licensee
			 from:
1 Accepting currency at table games
			 during all or any part of such period; and
2. Allowing the count rooms to process
			 cash.
(d) Any interim
			 approval to operate slot machines or other gaming devices approved and
			 certified in accordance with
			 205 CMR 144.00:
Approval of Slot Machines and Electronic Gaming Equipment and Testing
			 Laboratories
subject to issuance of the Operation Certificate in
			 accordance with
			 205 CMR
			 151.04.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 151.00 - Requirements for the Operations and Conduct of Gaming at a Gaming Establishment › Section 151.04 - Operation Certificate: Effective Date; Duration

Current through Register 1525, July 5, 2024
(1) Upon the successful completion of the
			 test period in accordance with
			 205 CMR
			 151.03, the commission shall establish the
			 effective date of the Operation Certificate and the scope of the gaming
			 licensee's authority to conduct gaming and, if applicable, simulcast wagering
			 thereunder.
(2) Each certificate,
			 once issued, shall remain in effect throughout the term of the gaming license
			 under such terms and conditions as the commission may impose, and shall not be
			 altered, modified or amended except in accordance with the commission's
			 authority to revoke, suspend, limit or otherwise alter an Operation Certificate
			 pursuant to M.G.L. c. 23K and 205 CMR.
(3) Each gaming licensee to which an
			 Operation Certificate is issued shall operate its gaming establishment or
			 simulcasting facility strictly in accordance with the terms of its original
			 Operation Certificate, and shall not change any of the items to which the
			 Operation Certificate applies except in accordance with
			 205
			 CMR 151.05.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 151.00 - Requirements for the Operations and Conduct of Gaming at a Gaming Establishment › Section 151.05 - Operation Certificate: Amendment to Conform to Approved Changes

Current through Register 1525, July 5, 2024
(1) Prior to making a change to any approved
			 component of its gaming establishment, a gaming licensee shall petition the
			 commission to amend the Operation Certificate. The application shall include,
			 without limitation, the following:
(a) If
			 applicable, a description of any proposed changes in the number of authorized
			 gaming positions, by category, to be played in the gaming
			 establishment;
(b) If applicable, a
			 revised floor plan of the gaming establishment, simulcasting area, or any
			 restricted area reflecting the proposed change, which revised floor plan shall
			 be filed with the commission at the office of its Senior Supervising Agent in
			 the establishment. Such petition shall also include the following information:
1. a comparison showing the presently
			 authorized square footage of the gaming area, simulcasting area, or restricted
			 area to be amended with that which will result if the proposed change is
			 made;
2. A clear delineation of any
			 proposed change to the perimeter of the gaming area, simulcasting area, or
			 restricted area;
3. A narrative
			 from the architect certifying the floor plan that clearly describes the change
			 to be made by the proposal, noting with particularity any such change to the
			 perimeter of the gaming area, simulcasting area, or restricted area;
			 and
4. A description of any
			 alternate gaming pit or slot zone configurations of locations. Prior to any
			 change to and offering to the public of an approved alternate configuration or
			 location:
a. The gaming licensee shall
			 provide the Senior Supervising Agent with at least 24 hours prior written
			 notice of the change; and
b. A
			 physical and CCTV inspection of the alternate configuration or location shall
			 be performed and approved by the commission, or its designee.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 151.00 - Requirements for the Operations and Conduct of Gaming at a Gaming Establishment › Section 151.06 - Temporary Amendments for Pit and Slot Zone Configurations or Reconstitutions

Current through Register 1525, July 5, 2024
(1) A gaming
			 licensee may temporarily reconfigure one or more pits or slot zones by filing a
			 notice with the commission at the IEB office in the gaming establishment to
			 temporarily reconfigure for each specific pit or slot zone, which notice shall
			 be filed at least 24 hours prior to implementing such alternate configuration.
			 If the gaming licensee does not receive a response to the petition within that
			 24 hour period, the gaming licensee may proceed with the reconfiguration or
			 reconstitution.
(2) A reconfigured
			 pit shall not:
(a) Exceed the dimensions
			 approved for the pit that existed immediately prior to the reconfiguration;
			 nor
(b) Include any change
			 requiring the approval of a building official without having first obtained
			 that approval and the approval of the commission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 152.00 - Individuals Excluded from Gaming and Sports Wagering › Section 152.01 - Scope and Authority

Current through Register 1525, July 5, 2024
The provisions of
				205 CMR
				152.00 shall provide for the establishment and
				maintenance of a list, and associated protocols and procedures, for exclusion
				of individuals from gaming in accordance with M.G.L. c. 23K, §§ 45(a)
				through (e) and 45(j), and sports wagering in accordance with M.G.L. c. 23N,
				§ 13(e)(1), as well as M.G.L. c. 23K, § 45(i). Such list shall be
				maintained separately from those established and maintained in accordance with
				M.G.L. c. 23K, § 45(f) through (h) and M.G.L. c. 23N, §
				13(e)(2).
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 152.00 - Individuals Excluded from Gaming and Sports Wagering › Section 152.02 - Maintenance and Distribution of Exclusion List

Current through Register 1525, July 5, 2024
(1) The commission shall maintain the list of
			 persons to be excluded from gaming and sports wagering as set forth in
			 205 CMR
			 152.00. The name and year of birth of each person on
			 the exclusion list shall be posted on the commission's website (
http://massgaming.com/
), except for the
			 individuals on the court ordered exclusion list pursuant to M.G.L. c. 23K,
			 § 45(i).
(2) The Bureau shall
			 promptly notify each gaming licensee, and Sports Wagering Operator of the
			 placement of an individual on the exclusion list. The notifications shall
			 include:
(a) The individual's full name and
			 all aliases the individual is believed to have used;
(b) A description of the individual's
			 physical appearance, including height, weight, type of build, color of hair and
			 eyes, and any other physical characteristics which may assist in the
			 identification of the individual;
(c) The individual's date of birth;
(d) The effective date of the order mandating
			 the exclusion of the individual;
(e) A photograph, if obtainable, and the date
			 thereof; and
(f) Such other
			 information deemed necessary by the commission for the enforcement of
			 205 CMR
			 152.00.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 152.00 - Individuals Excluded from Gaming and Sports Wagering › Section 152.03 - Criteria for Exclusion

Current through Register 1525, July 5, 2024
(1) In the
			 commission's discretion, an individual may be placed on the exclusion list if
			 the commission determines that the individual meets one or more of the
			 following criteria:
(a) the individual has
			 been convicted of a criminal offense under the laws of any state, tribe, or the
			 United States that is punishable by more than six months in a state prison, a
			 house of correction or any comparable incarceration, a crime of moral turpitude
			 or a violation of the gaming or other wagering laws of any state, tribe, or the
			 United States;
(b) the individual
			 has violated or conspired to violate M.G.L. c. 23K or c. 23N; or violated or
			 conspired to violate any other law, if the violation or conspiracy is in
			 connection with gaming or sports wagering;
(c) the individual has a notorious or
			 unsavory reputation which would adversely affect public confidence and trust
			 that the gaming or sports wagering industries are free from criminal or
			 corruptive elements;
(d) the
			 individual is an associate of an individual who falls into a category
			 identified in
			 205
			 CMR 152.03(1)(a) through
			 (c);
(e) the individual's presence in a gaming
			 establishment, sports wagering area, sports wagering facility, or maintenance
			 of a sports wagering account, presents the potential of injurious threat to the
			 interests of the Commonwealth in a gaming establishment, sports wagering area,
			 sports wagering facility, or sports wagering platform, or sports
			 wagering.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 152.00 - Individuals Excluded from Gaming and Sports Wagering › Section 152.04 - Investigation and Initial Placement of Names on the Exclusion List

Current through Register 1525, July 5, 2024
(1) The Bureau shall investigate any
			 individual who may meet one or more criterion for inclusion on the list in
			 accordance with
			 205
			 CMR 152.03 upon referral by the commission,
			 the Gaming Enforcement Division of the Office of the Attorney General, a gaming
			 licensee, a sports wagering operator, a sports governing body, or a players
			 association. The Bureau may investigate any individual on its own
			 initiative.
(2) If, upon completion
			 of an investigation, the Bureau determines to place an individual on the
			 exclusion list, the Bureau shall prepare an order that identifies the
			 individual and sets forth a factual basis as to why the individual meets one or
			 more criterion for inclusion on the list in accordance with
			 205
			 CMR 152.03.
(a) The Bureau shall serve the order prepared
			 in accordance with
			 205
			 CMR 152.04(2)  upon the
			 named individual advising them that it intends to place the individual's name
			 on the exclusion list. The order shall also notify the individual that
			 placement of their name on the exclusion list will result in their prohibition
			 from being present in a gaming establishment, sports wagering area, or sports
			 wagering facility, and from maintaining a sports wagering account;
			 and
(b) offer them an opportunity
			 to request a hearing before a hearing officer to review the Bureau's order. The
			 order shall be sent by registered or certified mail return receipt requested or
			 by publication in a daily newspaper of general circulation for one week. The
			 individual shall have 30 days from the date of the service of the order to
			 request a hearing, except for notice provided by publication in a newspaper in
			 which case the individual shall have 60 days from the last publication.
			 Alternatively, the Bureau may provide an individual with in hand service of
			 order in which case the individual shall have ten days from the date of service
			 to request a hearing.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 152.00 - Individuals Excluded from Gaming and Sports Wagering › Section 152.05 - Court Ordered Exclusion Pursuant to M.G.L. c. 23K, Section 45(i)

Current through Register 1525, July 5, 2024
(1) Upon receipt of notice from a district
			 court that an individual has been prohibited from gaming in gaming
			 establishments in accordance with M.G.L. c. 23K, § 45(i) and
			 205
			 CMR 152.05, the Bureau shall place the name
			 of an individual on the exclusion list.
(2) The list of court ordered exclusions
			 shall be maintained by the Bureau and shared with the gaming
			 licensees.
(3) Pursuant to
			 205
			 CMR 152.07(5), the Bureau
			 shall not remove the name of an individual from the court ordered exclusion
			 list until ordered to do so by a court of competent jurisdiction.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 152.00 - Individuals Excluded from Gaming and Sports Wagering › Section 152.06 - Duty of Gaming or Sports Wagering Licensee

Current through Register 1525, July 5, 2024
(1)
			 Each gaming or sports wagering licensee shall ensure that it accesses and
			 reviews the exclusion list on a regular basis and that the exclusion list is
			 made available to employees of the gaming or sports wagering licensee in a
			 manner designed to assist them in identifying and inhibiting excluded
			 individuals from entering the gaming establishment, sports wagering area, or
			 sports wagering facility, or maintaining a sports wagering account.
(2) Upon identifying any individual who has
			 been placed on the exclusion list present in a gaming establishment, sports
			 wagering area, or sports wagering facility, the gaming or sports wagering
			 licensee shall immediately notify the Massachusetts State Police Gaming
			 Enforcement Unit, the Surveillance Department, and the Security Department. The
			 Surveillance Department shall track the individual who has been placed on the
			 list while that individual is present in the gaming establishment, sports
			 wagering area, or sports wagering facility and the Security Department shall
			 coordinate with the Massachusetts State Police Gaming Enforcement Unit
			 regarding removing the individual from the gaming establishment, sports
			 wagering area, or sports wagering establishment.
(3) Upon determining that an individual who
			 has been placed on the exclusion list maintains a sports wagering account or
			 has engaged in prohibited sports wagering, a sports wagering licensee shall:
(a) Cancel any sports wagers placed by the
			 individual and confiscate any resulting funds in accordance with
			 205
			 CMR 238.33(3);
(b) Suspend the sports wagering account used
			 to engage in prohibited sports wagering in accordance with
			 205
			 CMR 248.17:
Account Suspension and
			 Restoration
; and
(c)
			 Notify the Director of Sports Wagering and the Bureau.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 152.00 - Individuals Excluded from Gaming and Sports Wagering › Section 152.07 - Petition to Remove Name from Exclusion List

Current through Register 1525, July 5, 2024
(1) An
			 individual who has been placed on the list in accordance with
			 205
			 CMR 152.03 may petition the Bureau in writing
			 to request that their name be removed from the list. Except in extraordinary
			 circumstances, such a petition may not be filed sooner than five years from the
			 date an individual's name is initially placed on the list.
(2) The individual shall state with
			 particularity in the petition, the reason why the individual believes they no
			 longer satisfy one or more criterion for inclusion on the list in accordance
			 with 205 CMR 152.03. Following an
			 investigation, the Bureau shall prepare a written determination whether to
			 remove the individual from the list and setting forth a factual basis as to why
			 the individual does or does not continue to satisfy one or more of the
			 criterion for inclusion on the list.
(3) The individual shall have 30 days from
			 the date of service of the Bureau's determination to request a hearing before
			 the hearing officer in accordance with
			 205 CMR
			 101.00:
M.G.L. c. 23K Adjudicatory
			 Proceedings
. The commission shall schedule a hearing on any properly
			 filed petitions and provide written notice to the petitioner identifying the
			 time and place of the hearing. Such a hearing shall be conducted in accordance
			 with 205 CMR
			 101.00.
(4) In accordance with
			 205 CMR
			 101.00:
M.G.L. c. 23K Adjudicatory
			 Proceedings
, a decision of a hearing officer may be appealed to the
			 commission. Removal of an individual's name from the list shall not occur until
			 all agency appeals have been exhausted or the time for such appeals has
			 run.
(5) An individual who was
			 placed on the exclusion list by virtue of an order of the district court, in
			 accordance with M.G.L. c. 23K, § 45(i), may not petition for removal in
			 accordance with
			 205
			 CMR 152.07.
(6) The Bureau shall promptly notify each
			 gaming licensee and Sports Wagering Operator of the removal of an individual
			 from the exclusion list.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 152.00 - Individuals Excluded from Gaming and Sports Wagering › Section 152.08 - Forfeiture of Winnings

Current through Register 1525, July 5, 2024
(1) An individual
			 who is on the exclusion list shall not collect any winnings or recover losses
			 arising as a result of prohibited gaming or sports wagering, and such winnings
			 shall be forfeited to the commission. To the extent that the winnings arise
			 from gaming or a source which cannot be determined, they shall be deposited
			 into the Gaming Revenue Fund pursuant to M.G.L. c. 23K, §§ 45(j) and
			 59. To the extent that the winnings arise from prohibited sports wagering, they
			 shall be deposited into the Sports Wagering Fund established by M.G.L. c. 23N,
			 § 17.
(2) Upon verification
			 that an individual:
(a) who is present in its
			 gaming establishment, sports wagering area, or sports wagering facility is on
			 the exclusion list, a gaming or sports wagering licensee shall take steps to:
1. In accordance with
			 205
			 CMR 152.06(2)  and
			 205
			 CMR 152.06(3), coordinate
			 with the Massachusetts State Police Gaming Enforcement Unit to remove the
			 individual from the gaming establishment, sports wagering area, or sports
			 wagering facility; and
2. Notify
			 the Bureau who shall lawfully confiscate, or cause to be refused to pay any
			 winnings or things of value obtained from engaging in a gaming or prohibited
			 sports wagering transaction including:
a.
			 gaming chips, gaming plaques, slot machine tokens and vouchers, gaming
			 vouchers, and sports wagering vouchers;
b. any electronic gaming device or slot
			 machine jackpot won by the individual; and
c. any cashable credits remaining on an
			 electronic gaming device or slot machine credit meter played by the
			 individual.
3. Deliver
			 any winnings or things of value obtained from the individual to the cashier's
			 cage, and transmit the cash value to the commission for deposit in the Gaming
			 Revenue Fund or Sports Wagering Fund in accordance with
			 205
			 CMR 152.08(1).
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 152.00 - Individuals Excluded from Gaming and Sports Wagering › Section 152.09 - Sanctions against a Gaming or Sports Wagering Licensee

Current through Register 1525, July 5, 2024
(1)
Grounds for
			 Action
. A gaming or sports wagering license may be conditioned,
			 suspended, or revoked, and/or the gaming or sports wagering licensee assessed a
			 civil administrative penalty based on a finding that a licensee has:
(a) knowingly or recklessly:
1. failed to exclude or eject from its
			 premises any individual placed on the list of excluded persons; or
2. permitted an individual placed on the list
			 of excluded persons to maintain an account on a sports wagering platform or
			 engage in prohibited sports wagering. Provided, it shall not be deemed a
			 knowing or reckless failure if an individual on the exclusion list shielded
			 their identity or otherwise attempted to avoid identification while present at
			 a gaming establishment, sports wagering area, or sports wagering facility, or
			 evaded the commercially reasonable standards for sports wagering identity
			 verification required by
			 205
			 CMR 248.04(4).
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 153.00 - Community Mitigation Fund › Section 153.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
(1)205 CMR 153.00
			 shall govern the manner in which the Commission exercises its authority
			 established pursuant to M.G.L. 23K, § 61 to administer the Community
			 Mitigation Fund and expend funds to assist the host and surrounding
			 communities, or any other communities or entities identified in M.G.L. 23K,
			 § 61, in offsetting costs related to the construction and operation of the
			 gaming establishments.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 153.00 - Community Mitigation Fund › Section 153.02 - Guidelines for Distribution of Funds

Current through Register 1525, July 5, 2024
(1) For
			 purposes of administration of the Fund in accordance with M.G.L. c. 23K, §
			 61, the Commission, with recommendation from the Gaming Policy Advisory
			 Committee and its subcommittees established pursuant to M.G.L. c. 23K, §
			 68, shall review and approve guidelines annually for the administration and
			 distribution of monies in the Fund. Such guidelines shall include, at a
			 minimum:
(a) The types of grants that will be
			 available;
(b) Who may
			 apply;
(c) What types of projects
			 may be funded, including any limitations;
(d) The form, process, and timeline for
			 application and review, including the application deadline;
(e) The availability and allocation of
			 funding;
(f) The process and
			 criteria for Commission review;
(g)
			 A timeframe within which funds must be expended before reverting back to the
			 Fund;
(h) The use of surplus funds;
			 and
(i) A procedure providing for
			 waiver or variance from a provision of the guidelines.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 153.00 - Community Mitigation Fund › Section 153.03 - Emergency Procedure

Current through Register 1525, July 5, 2024
(1) In accordance
			 with M.G.L. c. 23K, § 61, parties seeking appropriations from the Fund
			 must submit written requests before February 1st of
			 each year. For purposes of 205 CMR 153.03, each year shall run from February
			 1st through January
			 31st.
(2) The Commission may accept a request for
			 an emergency appropriation from the Fund at any time. An emergency shall be
			 defined as a serious and unexpected situation requiring immediate action to
			 avoid significant harm to the community or to prevent threats to the health,
			 welfare or safety of individuals or serious damage to property. For purposes of
			 205 CMR 153.03, an emergency shall include, but not be limited to, situations
			 related to infrastructure, technology, and/or public safety, that were not
			 known or could not have been known at the time requests for allocations from
			 the Fund were due.
(3) The
			 Commission shall establish a procedure for the request and allocation of funds
			 on an emergency basis, which shall be outlined in the guidelines. Emergency
			 appropriations from the Fund for applications received on or after February
			 1st shall be funded from the next Community
			 Mitigation Fund fiscal year allocation.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 153.00 - Community Mitigation Fund › Section 153.04 - Commission Review and Execution of Grant

Current through Register 1525, July 5, 2024
(1) The
			 Commission shall review all requests for appropriations from the Fund and shall
			 make a determination as to whether to award funds and the amount of that
			 award.
(2) Following an award from
			 the Commission, the successful requestor shall execute a grant instrument with
			 the Commission outlining the scope and terms of the award. The grant instrument
			 shall include, at a minimum:
(a) A detailed
			 scope of the grant;
(b) The person
			 responsible for managing the grant on the applicant's behalf;
(c) A timeline, breakdown, and requirements
			 to be met for disbursement of the funds;
(d) Reporting requirements;
(e) Requirement that the funds be returned to
			 the Commission in the event of noncompliance with the terms of the
			 grant;
(f) Indemnification
			 provisions for the Commission and its staff; and
(g) Any other provisions deemed appropriate
			 by the Commission and its staff.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 153.00 - Community Mitigation Fund › Section 153.05 - Expenses Related to Administration of the Community Mitigation Fund

Current through Register 1525, July 5, 2024
(1) The Commission is the trustee of the
			 Community Mitigation Fund in accordance with M.G.L. c. 23K, §
			 4(38).
(2) The Commission finds
			 that administration of the Fund by its staff including, but not limited to,
			 development of guidelines for approval by the Commission pursuant to 205 CMR
			 153.02 and oversight of the grant program, is directly related to and essential
			 to assisting the host and surrounding communities and any other communities or
			 entities identified in M.G.L. 23K, § 61 in receiving funds and offsetting
			 costs related to the construction and operation of the gaming establishments.
			 Accordingly, reasonable administrative costs incurred by the Commission on
			 behalf of and in furtherance of the administration of the Fund may be assessed
			 to the Fund.
(3) The administrative
			 costs shall not exceed 10% of the funds available in the Community Mitigation
			 Fund for the fiscal year. The precise assessment to the Fund shall be set
			 annually by the Commission at a public meeting as part of its budgetary
			 process.
(4) Reasonable
			 administrative costs which may be assessed to the Fund may include, but not be
			 limited to, Commission staff salaries (in full or on a
pro-rata
basis), technology, software, and office supplies,
			 provided that any such costs shall be directly related to administration of the
			 Fund.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 202.00 - Sports Wagering Authority and Definitions › Section 202.01 - Authority

Current through Register 1525, July 5, 2024
205 CMR
				200.00 is issued pursuant to M.G.L. c. 23K,
				§§ 4(42) and 5 and M.G.L. c. 23N, §§ 4(a), 4(b) and 5,
				unless otherwise specified.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 202.00 - Sports Wagering Authority and Definitions › Section 202.03 - Construction and Amendments

Current through Register 1525, July 5, 2024
(1) The principles
			 of regulatory construction and interpretation specified in
			 205
			 CMR 102.03 shall also include construction in
			 accordance with the principles of statutory construction set forth in M.G.L.
			 23N, and avoidance of conflict with any provision of M.G.L. 23N.
(2) Where the Commission waives or grants a
			 variance from any provision or requirement contained in
			 205 CMR
			 200.00, not specifically required by law, the waiver
			 or variance shall be conditioned on a finding of the requirements specified in
			 205
			 CMR 102.03(4)  and a finding
			 that granting the waiver or variance is consistent with the purposes of M.G.L.
			 c. 23N.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 211.00 - Category 1, Category 2, and Category 3 Sports Wagering License Applications › Section 211.01 - Applications

Current through Register 1525, July 5, 2024
(1) An Applicant for a Category 1 Sports
			 Wagering License, Category 2 Sports Wagering License, or Category 3 Sports
			 Wagering License must submit a fully executed original application to the
			 Commission using the appropriate application forms issued by the Commission by
			 the deadlines established by the Commission. Each application form shall be
			 submitted in accordance with the instructions included in the application form.
			 The Commission shall have no obligation to accept or review an incomplete
			 application or an application submitted after the established deadline.
			 Applicants shall, at a minimum, submit the following completed forms as part of
			 their application for a Category 1, Category 2, or Category 3 Sports Wagering
			 License:
(a) Operator and Vendor Scope of
			 Licensing - Initial Survey;
(b)
			 Application for Category 1, 2, & 3 Sports Wagering Operator
			 License;
(c) For designated entity
			 qualifiers, Business Entity Disclosure Form as described in
			 205
			 CMR 111.02:
Business Entity
			 Disclosure Form - Category 1 and Category 2 Entity Applicants and
			 Holding/Intermediary Companies
, as modified by the Commission with
			 respect to Sports Wagering;
(d) For
			 designated individual qualifiers, Multi-jurisdictional Personal History Form as
			 described in
			 205
			 CMR 111.03:
Multi-jurisdictional
			 Personal History Form
, as modified by the Commission with respect to
			 Sports Wagering;
(e) For designated
			 individual qualifiers, Massachusetts Supplemental Form as described in
			 205
			 CMR 111.04:
Massachusetts
			 Supplemental Form
, as modified by the Commission with respect to
			 Sports Wagering; and
(f) Any
			 attestation forms required by the Bureau.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 213.00 - Withdrawal of an Application › Section 213.01 - Withdrawal of Application

Current through Register 1525, July 5, 2024
(1) Except as
			 provided in
			 205
			 CMR 213.01(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)
			 Withdrawal requests submitted in accordance with
			 205
			 CMR 213.01(2)  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, or evaluation in accordance
			 with 205 CMR
			 215.01(2)(c), on an initial
			 application or renewal has been requested by a party or directed by the Bureau
			 or Commission;
(b) If the
			 Commission has made a determination to hear the application or renewal matter
			 directly; or
(c) If the application
			 or renewal matter has been assigned to any other hearing examiner authorized by
			 law to hear such matter.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 214.00 - Sports Wagering Application Fees › Section 214.01 - Application Fees

Current through Register 1525, July 5, 2024
(1) Pursuant to
			 M.G.L. c. 23N, § 7(a), each Applicant for a Sports Wagering Operator
			 License shall pay to the Commission a nonrefundable application fee of $200,000
			 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.
(2) The Applicant shall pay the initial
			 non-refundable application fee of $200,000 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 or before its initial application.
(3) All required application fees and
			 community disbursements pursuant to
			 205 CMR
			 214.00 shall be non-refundable, due and payable
			 notwithstanding the withdrawal or abandonment of any application.
(4) In connection with an application for a
			 Sports Wagering Operator License, the Applicant and its Affiliates shall be j
			 ointly and severally liable for any amounts chargeable to the Applicant
			 pursuant to
			 205 CMR
			 214.00.
(5) All fees in this section
			 205 CMR
			 214.00 shall be deposited into the Sports Wagering
			 Control Fund established in M.G.L. c. 23N, § 15.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 214.00 - Sports Wagering Application Fees › Section 214.02 - Additional Fees for Investigations

Current through Register 1525, July 5, 2024
(1) Pursuant to
			 205 CMR
			 214.00, 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
			 214.00, 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. 23N 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 contract
			 investigator.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 215.00 - Applicant and Qualifier Suitability Determination, Standards, and Procedures › Section 215.01 - Affirmative Suitability Standards for Applicants and Qualifiers

Current through Register 1525, July 5, 2024
(1)
Durable Finding of
			 Suitability
.
(a) An Applicant or
			 Qualifier shall have the duty to establish its suitability by clear and
			 convincing evidence.
(b) No
			 Applicant shall be determined to be suitable in accordance with
			 205
			 CMR 215.01(1)  unless and
			 until all Qualifiers identified in
			 205
			 CMR 215.02 have been found by the Commission
			 suitable in accordance with
			 205
			 CMR 215.01(1).
(c) Before the Commission may determine that
			 an Applicant or Qualifier is suitable in accordance with
			 205
			 CMR 215.01(1), the Bureau
			 shall conduct an investigation into the qualifications and suitability of the
			 Applicant or Qualifier, consistent with
			 205
			 CMR 115.03(1). At the
			 completion of the Bureau's investigation, it shall submit a written report to
			 the Commission, which will include recommendations and findings of fact
			 relative to the suitability of the Applicant or Qualifier for a Sports Wagering
			 License.
(d) The Commission shall
			 make any finding of suitability in accordance with
			 205
			 CMR 215.01(1)  after an
			 adjudicatory proceeding pursuant to
			 205 CMR
			 101.00:
M.G.L. c. 23K Adjudicatory
			 Proceedings
concerning the applicant or qualifier pursuant to
			 205
			 CMR 215.01(1)(c).
(e) After the proceedings under
			 205
			 CMR 215.01(1)(d), the
			 Commission shall issue a written determination of suitability as follows:
1.
Negative
			 Determination
. If the Commission finds that an applicant or new
			 qualifier or existing qualifier failed to meet its burden of demonstrating its
			 suitability, the Commission shall issue a negative determination of
			 suitability.
2.
Positive Determination
. If the Commission finds that
			 an applicant or new qualifier or existing qualifier has met its burden of
			 demonstrating its suitability, the Commission shall issue a positive
			 determination of suitability which may include conditions and
			 restrictions.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 215.00 - Applicant and Qualifier Suitability Determination, Standards, and Procedures › Section 215.02 - 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 Sports Wagering License
			 review:
(a) If the Applicant is a corporation:
1. Each officer;
2. Each inside director;
3. Any Person owning, or having another
			 beneficial or proprietary interest in, 10% or more of the common stock of the
			 Applicant, or a holding, intermediary or subsidiary company of such company;
			 and
4. In the judgment of the
			 Division of Licensing after consultation with the Bureau, any Person with
			 significant and substantial responsibility for the Applicant's Business under
			 the jurisdiction of the Commission or having the power to exercise significant
			 influence over decisions concerning the Applicant's operations in the
			 Commonwealth.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 218.00 - General Sports Wagering Application Requirements, Standards, and Procedures › Section 218.01 - Pre-application Consultation

Current through Register 1525, July 5, 2024
The Commission or its designees may conduct one or more
				consultation meetings or information sessions with Sports Wagering License
				Applicants, or prospective applicant, to provide guidance on application
				procedures, including the requirements of
				205 CMR
				218.00. In addition, the Commission may use other
				methods to respond to inquiries regarding the application process, such as
				publishing responses to questions submitted by Applicants.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 218.00 - General Sports Wagering Application Requirements, Standards, and Procedures › Section 218.02 - Application Requirements

Current through Register 1525, July 5, 2024
(1) A Sports
			 Wagering License Application must be filed on or before any applicable deadline
			 established by the Commission, if any, and pursuant to any instructions and
			 process posted by the Commission on its website or in the application.
(a) For any application submitted after a
			 given deadline has passed, the Commission may decline to take any action or
			 particular actions on that application until it has made determinations in
			 accordance with
			 205
			 CMR 218.07 on all applications of the same
			 category received by the prior deadline.
(b) The Commission may establish different
			 deadlines for applications for different categories or groups of sports
			 wagering licenses, or parts thereof.
(c) After an application deadline for any
			 category or group of applications or parts thereof has passed, the Commission
			 may establish a new application deadline for such applications or parts
			 thereof.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 218.00 - General Sports Wagering Application Requirements, Standards, and Procedures › Section 218.03 - Administrative Sufficiency Review

Current through Register 1525, July 5, 2024
(1) The
			 Commission's Division of Licensing will review each Sports Wagering License
			 Application for administrative sufficiency.
(2) When determining whether an application
			 is administratively sufficient, the Division of Licensing shall review only the
			 portions of the application required by
			 205
			 CMR 211.01(1)(c) and (f) and
			 only determine whether all information or materials required to be provided in
			 response to each question or request has been submitted.
(3) If an application is determined to be
			 insufficient:
(a) The Division shall notify
			 the Applicant by email. The notification shall specifically identify the
			 deficiencies.
(b) The Applicant
			 shall have the right to submit supplemental or corrected information to cure
			 the deficiencies within 14 days.
(c) For each deficient application component,
			 the 14 day period established in
			 205
			 CMR 218.03(3)(b)  shall
			 begin the day after:
1. The applicable
			 deadline established by the Commission under
			 205
			 CMR 218.02(1), if that
			 deadline has not passed; or
2. The
			 date on which the notification sent pursuant to
			 205
			 CMR 218.03(3)(a)  was sent,
			 if the applicable deadline established by the Commission under
			 205
			 CMR 218.02(1)  has
			 passed.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 218.00 - General Sports Wagering Application Requirements, Standards, and Procedures › Section 218.04 - Review Procedures

Current through Register 1525, July 5, 2024
(1) In reviewing
			 the merits of the Sports W agering License Application, the Commission may, at
			 such times and in such order as the Commission deems appropriate, take some or
			 all of the following actions:
(a) Refer the
			 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. Commission staff;
			 and
5. Any consultant retained by
			 the Commission to aid in the review of the application;
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 218.00 - General Sports Wagering Application Requirements, Standards, and Procedures › Section 218.05 - Public Meetings Regarding Sports Wagering Applications

Current through Register 1525, July 5, 2024
(1) The Commission may conduct one or more
			 meetings to:
(a) receive public feedback on
			 sports wagering license applications;
(b) allow any Applicant to make a
			 presentation; and
(c) allow any
			 Applicant to respond to questions or public comments.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 218.00 - General Sports Wagering Application Requirements, Standards, and Procedures › Section 218.06 - Evaluation of the Application by the Commission

Current through Register 1525, July 5, 2024
(1)
			 Once a submitted Sports Wagering License Application is deemed administratively
			 sufficient, the Commission shall commence a substantive evaluation of its
			 contents. The Commission may utilize any technical assistance it deems
			 necessary to aid in its review.
(2)
			 The Commission shall analyze the factors and considerations set out in
			 205
			 CMR 218.06(5)  and
			 218.06(6) 
			 in no particular order, and giving any particular weights, or no weight, to any
			 factor.
(3) In reviewing any
			 application, the Commission may also utilize any of the following methods,
			 without limitation:
(a) Public meetings and
			 presentations; or
(b) Requests for
			 additional information, modified proposals, or applications from Applicants,
			 including requesting the Applicants' "best and final" proposals.