(1)
Licensing. No
person shall conduct business with a gaming licensee as a junket enterprise or
junket representative unless such person has been licensed in accordance with
205 CMR 134.00. A person
shall be considered to be conducting business upon commencement of performance
of a contract or provision of a service. A gaming licensee acting as a junket
enterprise shall not be required to obtain additional licensure pursuant to 205
CMR 134.06.
All junket enterprise and junket representative license
applications submitted pursuant to
205 CMR 134.00 shall include
proof of the junket enterprise or junket representative's business relationship
with a gaming licensee in the manner prescribed by the Division of
Licensing.
(2)
Complimentary Services Exception. An offer by a gaming
licensee to pay for the cost of transportation, food, lodging, and
entertainment for a person in an amount to be determined by the actual gaming
activities of that person after his or her arrival at the gaming establishment
shall be deemed to be an offer of complimentary services or item, as defined in
M.G.L. c. 23K, § 2, for the purposes of whether an arrangement involving
such an offer is a junket within the meaning of M.G.L. c. 23K, § 2, and
205 CMR 134.06.
(3)
Selection of Persons for Participation in Junket.
(a) As used in M.G.L. c. 23K, § 2,
selection or approval of a person "for participation in a junket on the basis
of the person's ability to satisfy a financial qualification obligation related
to the person's ability or willingness to gamble" shall be deemed to occur
whenever a person, as an element of the arrangement, is required to:
1. Establish gaming credit with a gaming
licensee;
2. Establish a customer
deposit with a gaming licensee;
3.
Demonstrate to a gaming licensee or agent thereof the availability of a
specified amount of cash, cash equivalent, or gaming chips;
4. Gamble to a predetermined level at a
gaming establishment; or
5. Comply
with any similar obligation.
(b) As used in M.G.L. c. 23K, § 2,
selection or approval of a person on a "basis related to the person's
propensity to gamble" shall be deemed to occur whenever that person has been
selected or approved on the basis of:
1. The
previous satisfaction of a financial qualification obligation in accordance
with the provisions of 205 CMR 134.06(3);
2. A rating for gambling performance;
or
3. An evaluation that the person
has a tendency to participate in gambling activities as the result of an
inquiry concerning said person's tendency to gamble or some other means of
determining that person has a tendency to participate in gambling
activities.
(c) Without
limitation of 205 CMR 134.06(3)(b), a rebuttable presumption that a person has
been selected or approved for participation in an arrangement on a basis
related to his or her propensity to gamble shall be created whenever said
person is provided with:
1. Complimentary
guest room accommodations as part of the arrangement; or
2. Complimentary food, entertainment, or
transportation which has a value of $200 or more.
(4)
Reporting
Requirements.
(a) Pursuant to
M.G.L. c. 23K, § 33, each gaming licensee, junket representative, or
junket enterprise shall file a report with the Bureau with respect to each list
of junket patrons or potential junket patrons purchased directly or indirectly
by the gaming licensee, junket representative, or junket enterprise. The report
shall be filed no later than seven days after receipt of the list by the
purchaser and shall include:
1. The name and
address of the person or enterprise selling the list;
2. The purchase price paid for the list, or
any other terms of compensation related to the transaction; and
3. The date of purchase of the
list.
(b)
Monthly Reports. Each gaming licensee shall, on or
before the 15th day of each month, prepare a junket
activity report to be kept on file at the gaming establishment, and shall
supply to the Bureau the name and license number of each person employed by the
gaming licensee who performed the services of a junket representative during
the preceding month. The junket activity report shall be made available to the
Bureau for inspection upon request and shall contain, at a minimum:
1. The origin of every junket arriving at the
premises;
2. The number of
participants in the junket, including a listing of the names and addresses of
all junket participants;
3. The
arrival time and date of the junket;
4. The departure time and date of the
junket;
5. The name and license
number of all junket representatives and junket enterprises involved in the
junket; and
6. The actual amount
and type of complimentary services and items provided to each junket
participant in accordance with the provisions of
205
CMR 138.13: Complimentary Services or
Items and Promotional Gaming Credits.
(5)
Marketing Prohibitions on
Junket Enterprises and Junket Representatives.
(a) No junket enterprise or junket
representative shall authorize or conduct marketing, advertising, and/or
promotional communication or activity that specifically targets:
1. Individuals younger than 21 years
old;
2. Individuals who have
requested not to receive marketing materials from the gaming licensee in
accordance with the protocols set pursuant to M.G.L. c. 23K, §
21(a)(18);
3. Individuals who have
placed themselves on the voluntary self-exclusion list pursuant to
205 CMR
133.00: Voluntary Self-exclusion;
and
4. Individuals who have been
placed on the exclusion list pursuant to
205 CMR
152.06: Duty of Gaming
Licensee.
(b)
The gaming licensee shall provide on a monthly basis an aggregated no marketing
list to all licensed junket enterprises and junket representatives. Such no
marketing list shall include all individuals falling within the categories
referenced in 205 CMR 134.06(5)(a).
(6)
Additional Prohibitions on
Junket Enterprises and Junket Representatives. No junket
enterprise or junket representative may engage in collection efforts, pay for
any services provided to a junket participant, receive any fee from a patron
for the privilege of participating in a junket or for the performance of any
function for which the junket enterprise or junket representative is licensed,
or extend credit to a junket participant.
