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 115.05 - Phase 1 and New Qualifier Determination by the Commission

Current through Register 1525, July 5, 2024
(1) After the proceedings under
			 205
			 CMR 115.04, the Commission shall issue a
			 written determination of suitability pursuant to M.G.L. c. 23K, §§
			 4(15), 12 and 17.
(2)
Negative Determination
. If the Commission finds that
			 an applicant or new qualifier or existing qualifier failed to meet its burden
			 of demonstrating compliance with the suitability standards in M.G.L. c. 23K and
			 205 CMR
			 115.00, the Commission shall issue a negative
			 determination of suitability.
(3)
Positive Determination
. If the Commission finds that
			 an applicant or new qualifier or existing qualifier has met its burden of
			 demonstrating compliance with the suitability in M.G.L. c. 23K and
			 205 CMR
			 115.00, the Commission shall issue a positive
			 determination of suitability which may include conditions and
			 restrictions.
(4) The Commission
			 shall not entertain a Phase 2 application for any applicant unless and until
			 the Commission has issued a positive suitability determination on that
			 applicant.
(5)
No
			 Appeal from Commission's Determination of Suitability
. Pursuant to
			 M.L.G. c. 23K, § 17(g), the applicant or qualifier shall not be entitled
			 to any further review.
(6) A host
			 community may not hold an election in accordance with M.G.L. c. 23, §
			 15(13) until the Commission has issued a positive determination of suitability
			 to the applicant, in accordance with
			 205
			 CMR 115.05(3), unless the
			 following conditions are satisfied:
(a) Prior
			 to the request by the applicant for an election, in accordance with
			 205
			 CMR 124.02(1):
Request for an Election,
the governing body of the community
			 formally approves of holding the election prior to a positive determination of
			 suitability having been issued to the applicant by the Commission;
			 and
(b) At the expense of the
			 applicant, prior to the election the community has conducted a process for
			 informing the community about the Commission's determination of suitability
			 standards and procedures, which shall include, but not be limited to, the
			 provision of a notice designed to be received by voting households within the
			 community informing such households that an election is to be held for which
			 the applicant has yet to be issued a positive determination of suitability,
			 that the Commission will make its determination of suitability after completing
			 a thorough background investigation of the applicant, its principal operating
			 officers and investors, and that the Commission will not permit the applicant
			 or its principal operating officers or investors to proceed with the
			 application unless it determines that they are suitable to operate a gaming
			 facility in Massachusetts. The content of the notice shall be forwarded to the
			 Commission for approval prior to dissemination. A description of other methods
			 to so inform the community about the Commission's determination of suitability
			 standards and procedures shall also be forwarded to the Commission prior to
			 holding of the election. Any failure to issue the notice to one or more voting
			 households shall not be deemed by the Commission to be a failure to meet the
			 requirements of
			 205
			 CMR 115.05(6), provided that
			 a community demonstrates reasonable efforts to comply with the requirements of
			 205
			 CMR
			 115.05(6).