Current through Register 1531, September 27, 2024
(1) A system of internal controls submitted
by a gaming licensee in accordance with
205 CMR
138.02 shall include a detailed complimentary
distribution program consistent with M.G.L.c. 23K, § 28 and a description
of its proposed use and distribution of promotional gaming credits. The program
shall include provisions detailing the protocols and procedures for the
distribution of complimentary alcoholic beverages to patrons in the gaming
area. Further, if in accordance with
205 CMR
136.07(4), alcoholic
beverages will be provided free of charge to patrons in a licensed area outside
of the gaming area, and paid for by a third party other than the gaming
beverage licensee or jointly responsible person or will be paid for using a
form of monetary-like consideration other than money, the gaming licensee shall
detail the manner in which such payments will be made and/or accepted and
records of the transaction maintained.
(2) The gaming licensee's complimentary
distribution program shall be such that reasonable assurance is provided that
any complimentary services or items, as defined by M.G.L. c. 23K, § 2,
whether provided directly to the patron and the patron's guests by the gaming
licensee or indirectly to the patron and the patron's guests on behalf of a
third party, are:
(a) Issued by employees
authorized for such purposes in accordance with the program;
(b) In accordance with M.G.L. c. 23K, §
28(c), valued in an amount based upon the retail price normally charged by the
gaming licensee for the service or item. The value of a complimentary service
or item not normally offered for sale by a gaming licensee or provided by a
third party on behalf of a gaming licensee shall be the cost to the gaming
licensee of providing the service or item, as determined under rules adopted by
the commission;
(c) Recorded,
compiled and maintained in such a way so as to allow a system of reporting in
accordance with M.G.L. c. 23K, § 28(b) that can report complimentaries by
date, issuer, recipient, type, and value.
(3) A gaming licensee may include in its
policy and procedure provisions for the discretionary discounting of the amount
of an outstanding Counter Check to be redeemed by a patron for any marketing
related reason.
(4) The gaming
licensee's complimentary distribution program shall include provisions ensuring
that each patron who has been issued a rewards card by the gaming licensee (or
its parent or other associated entity) in Massachusetts is issued a monthly
statement, mailed to the patron at the patron's physical mailing address, which
shall include the patron's total bets, wins and losses in Massachusetts in
accordance with M.G.L. c. 23K, § 29. For purposes of 205 CMR 138.13(4),
the following shall apply:
(a) An email
address provided by the patron at the time a rewards card is applied for may be
considered a physical mailing address. If a gaming licensee will provide the
required notices via email, its program submission shall
describe the manner in which the email contact list will be compiled and
maintained.
(b) Notice of the
issuance of a monthly statement shall be provided to the applicant at the time
of application for a rewards card. The applicant shall be given the opportunity
to decline issuance of a monthly statement at that time. Notice shall also be
provided to the applicant that they may later opt-out of being issued a monthly
statement by providing a written or online request to the gaming licensee or
affiliate. The complimentary distribution program submission shall describe
these notice and opt-out provisions.
(c) The program submission shall describe the
information to be contained on the monthly statement including the terms and
categories to be represented and a brief description as to how monetary figures
are to be calculated.
(d) If
monthly total bets, wins and losses associated with a rewards card will be
available to a patron via password protected log-in on the
gaming licensee's website, or via similar means, the gaming
licensee may provide the patron a monthly notice (via email or
otherwise) advising where the information is available and how to access it, in
lieu of incorporating the actual information into a monthly
statement. If a gaming licensee elects this method the process shall be fully
described in its complimentary distribution program submission.
(e) Upon written request by a patron,
information relative to total bets, wins and losses associated with the
patron's rewards card shall be made available to the patron in writing at a
gaming establishment upon reasonable notice.
(f) If there is no gaming activity tied to a
patron's rewards card for a period of at least two years the gaming licensee
may cease providing notices to the patron in accordance with 205 CMR
138.13(4).
