Code of Massachusetts Regulations
205 CMR - MASSACHUSETTS GAMING COMMISSION
Title 205 CMR 119.00 - Phase 2 Application
Section 119.03 - Evaluation of the Application by the Commission

Universal Citation: 205 MA Code of Regs 205.119

Current through Register 1531, September 27, 2024

(1) Once a submitted RFA-2 application is deemed administratively complete, 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) In determining which applicant will be awarded a Category 1 gaming license in accordance with M.G.L. c.23K, §19, and a Category 2 gaming license in accordance with M.G.L. c. 23K, § 20, the commission will evaluate the RFA-2 application to determine, and shall issue a statement of findings of how the applicant proposes to advance the objectives specified in M.G.L. c. 23K, § 18. In no particular order and without assigning any particular weights, the commission will evaluate the applicant's overall response on how it addresses the following categories of information which may be expanded upon in the RFA-2 application form:

(a) Overview of project.

(b) Financial criteria including:
1. Financial and capital structure

2. Maximization of revenues to the Commonwealth

3. Realization of maximum capital investment exclusive of land and infrastructure

4. Ability to offer the highest and best value to create a secure and robust gaming market

(c) Economic Development criteria including:
1. Job creation

2. Supporting external business and job growth

3. Regional tourism and attractions

(d) Building and Site Design criteria including:
1. Compliance with 780 CMR: State Board of Building Regulations and Standards, 521 CMR: Architectural Access Board, local ordinances and by-laws, including M.G.L. c. 30, §§ 61 through 62H as provided in 205 CMR 120.01: Permitting Requirements

2. Demonstration of creativity in design and overall concept excellence

3. Proposal to build a gaming establishment of high caliber a with quality amenities in partnership with local facilities

4. Compatibility with surroundings

5. Utilization of sustainable development principles in the construction and during the life cycle of the facility

6. Security measures

7. Alternative uses for buildings in the complex

(e) Mitigation criteria including:
1. Agreement to be a lottery agent, not run competing games, and to protect and enhance the lottery

2. Demonstration of plan for mitigation of lottery impact and compulsive gambling problems, community development, and host and surrounding community impact and mitigation issues

3. Addressing the infrastructure costs of the host and surrounding community from the construction and operation of the gaming establishment and commitment to a mitigation plan

4. Quality of signed host community agreement and a certified and binding vote on a ballot question at an election in the host community in favor of such license

5. Quality of surrounding community agreements

6. Quality of impacted live entertainment venue agreements

7. Traffic mitigation

8. Measures to address problem gambling

9. Addressing mitigation of local and regional impact on housing, social services, and utilities

(3) In addition to 205 CMR 119.03(2), in awarding a Category 1 gaming license the commission shall take into consideration the physical distance between the location of Category 1 gaming establishments as they relate to each other and how they maximize benefits to the commonwealth; provided, however, that in determining which gaming applicant shall receive a gaming license in each region, the commission shall also consider the support or opposition to each gaming applicant from the public in the host and surrounding communities as demonstrated by public comment provided by the gaming applicant or directly to the commission pursuant to M.G.L. c. 23K, § 15 and through oral and written testimony received during the public hearing conducted pursuant to M.G.L. c. 23K, § 17. Further, in awarding the Category 1 and Category 2 gaming licenses, the commission may take into consideration the prospective or actual proximity of the location of the Category 2 gaming establishment to the Category 1 gaming establishments.

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