Current through Register 1531, September 27, 2024
(1) Upon submission of an administratively
complete registration form as a gaming service employee or non-gaming vendor,
the Division of Licensing shall issue the registration on behalf of the
commission in accordance with
205
CMR 134.09(1). A
registration may be denied or subsequently revoked if it is determined that the
applicant is disqualified in accordance with 205 CMR 134.11(2) or unsuitable
for any criteria identified in 205 CMR 134.11(3).
(2) The Bureau and commission shall deny
and/or revoke a registration as a gaming service employee or non-gaming vendor
if the person:
(a) has been convicted of a
felony or other crime involving embezzlement, theft, fraud or perjury; except
that for such disqualifying convictions under M.G.L. c. 23K, § 16, and 205
CMR 134.11(2)(a) which occurred before the ten-year period immediately
preceding submission of the registration, the Bureau may, in its discretion,
decline to deny or revoke the registration of a person who affirmatively
demonstrates rehabilitation in accordance with 205 CMR 134.11(4).
(b) submitted a registration form under
M.G.L. c. 23K, § 30, and
205 CMR 134.00 that
willfully, knowingly or intentionally contains false or misleading
information;
(c) committed prior
acts which have not been prosecuted or in which the registrant was not
convicted, but form a pattern of misconduct that makes the registrant
unsuitable; or
(d) has affiliates
or close associates that would not qualify for a license or whose relationship
with the registrant may pose an injurious threat to the interests of the
Commonwealth in awarding a registration.
(3) In determining whether a registrant is
suitable for purposes of being issued a gaming service employee registration or
non-gaming vendor registration, or having a registration renewed, the Bureau
may evaluate and consider the overall reputation of the registrant including,
without limitation:
(a) the integrity,
honesty, good character and reputation of the registrant;
(b) the financial stability, integrity, and
background of the registrant;
(c)
whether the registrant has a history of compliance with gaming licensing
requirements in other jurisdictions;
(d) whether the registrant, at the time of
submission of the registration form, is a defendant in litigation;
(e) whether the registrant is disqualified
from receiving a registration under 205 CMR 134.11(2);
(f) whether the registrant has been convicted
of a crime of moral turpitude;
(g)
whether, and to what extent, the individual has associated with members of
organized crime and other persons of disreputable character;
(h) the extent to which the individual has
cooperated with the Bureau in connection with the background investigation;
and
(i) (for vendors) the
integrity, honesty, and good character of any subcontractor.
(4)
Rehabilitation. In considering the rehabilitation of
an applicant, the following shall be considered:
(a) the nature and duties of the position of
the applicant;
(b) the nature and
seriousness of the offense or conduct;
(c) the circumstances under which the offense
or conduct occurred;
(d) the date
of the offense or conduct;
(e) the
age of the applicant when the offense or conduct was committed;
(f) whether the offense or conduct was an
isolated or repeated incident;
(g)
any social conditions which may have contributed to the offense or conduct;
and
(h) any evidence of
rehabilitation, including recommendations and references of persons supervising
the applicant since the offense or conduct was committed.
(5) An applicant for a registration shall be
18 years of age or older at the time of application.
(6) The Bureau may deny an application for
registration as a non-gaming vendor if it determines that the applicant formed
the applicant entity for the sole purpose of circumventing
205 CMR
134.04(1)(b).
