Current through Register 1531, September 27, 2024
(1) The commission may not approve a Category
2 gaming establishment to open for business, begin gaming operations or operate
a slot machine at a gaming establishment until the commission has:
(a) determined that the gaming licensee has
complied with the conditions in
205 CMR 135.00
(b) had an adequate opportunity to physically
inspect the completed gaming establishment and related infrastructure, as well
as relevant plans, contracts, or other records, to determine that the completed
gaming establishment and related infrastructure comply with:
1.the terms of the license;
2.M.G.L. c. 23K, and 205 CMR;
3.host and surrounding community agreements
pursuant to M.G.L. c. 23K, §§ 15 and 17;
4.impacted live entertainment venue
agreements pursuant to M.G.L. c. 23K, § 17; and
5.certificates of occupancy permits and
approvals issued in connection with the gaming establishment.
(c) issued an operations
certificate for the gaming establishment pursuant to M.G.L. c. 23K, §
25.
(2) Pursuant to
M.G.L. c. 23K, § 10(c), the commission shall not make a determination that
a Category 1 gaming establishment is approved to open for business until the
commission has:
(a) determined that the
gaming licensee has complied with the conditions in
205 CMR 135.00;
(b) determined that the gaming licensee has
completed the permanent gaming area and other ancillary entertainment services
and non-gaming amenities;
(c)
determined that the gaming licensee has completed all infrastructure
improvements on and off site and around the vicinity of the gaming
establishment, including projects to account for traffic mitigation required by
the gaming license or any other approval obtained by the gaming licensee in
connection with the gaming establishment.
(d) had an adequate opportunity to physically
inspect or have the commission's representative inspect the completed gaming
establishment and related infrastructure, as well as relevant plans, contracts,
or other records, to determine that the completed gaming establishment and
related infrastructure comply with:
1.the
terms of the license;
2.M.G.L. c.
23K, and 205 CMR;
3.host and
surrounding community agreements pursuant to M.G.L. c. 23K, §§ 15 and
17;
4.impacted live entertainment
venue agreements pursuant to M.G.L. c. 23K, § 17; and
5.certificates of occupancy permits and
approvals issued in connection with the gaming establishment.
(e) issued an operations
certificate for the gaming establishment pursuant to M.G.L. c. 23K, §
25.
(3) Pursuant to
M.G.L. c. 23K, § 10(b), a Category 1 gaming licensee who fails to receive
approval from the commission to open its gaming establishment for business
within one year after the date specified in its approved project schedule
pursuant to
205 CMR 135.02(2)
or its revised, approved design and project
schedule pursuant to
205 CMR 135.02(4)
shall be subject to suspension or revocation
of its gaming license by the commission and may, if the commission determines
that the gaming licensee acted in bad faith in its application, be assessed a
fine of $50,000,000 or less.
(4)
The commission may find that a Category 1 or Category 2 gaming licensee who
fails to comply with an approved design or construction project schedule
pursuant to
205 CMR 135.02(2)
or (4):
(a)
has breached a condition of licensure pursuant to M.G.L. c. 23K, §
23(b)(iii);
(b) is no longer
capable of maintaining operations at a gaming establishment pursuant to M.G.L.
c. 23K, § 23(b)(v);
(c) or is
maintaining a business practice that is injurious to the policy objectives of
M.G.L. c. 23K pursuant to M.G.L. c. 23K, § 23(b)(vi).
(5) The commission may condition, suspend or
revoke a gaming license upon making a finding pursuant to
205
CMR 135.05(4), 135.06(3) or
(4) or M.G.L. c. 23K, § 23(b).
