(1) Before conducting gaming at a gaming
establishment, or commencing operations of non-gaming amenities, other than for
testing purposes in accordance with
205 CMR
151.03, a gaming licensee must request and
obtain from the commission an Operation Certificate. The Operation Certificate
shall not issue until the commission has conducted all reviews, including
on-site tests and inspections required in accordance with
205 CMR 151.00 and otherwise
deemed necessary by the commission. The commission may authorize a designee to
issue a conditional Operation Certificate, subject to ratification by the full
commission, subsequent to a successful test period in accordance with
205 CMR
151.03 and satisfaction of any other
outstanding condition.
(2) The
Operation Certificate shall be conspicuously posted within the gaming
establishment and shall state the maximum number of gaming positions by type,
i.e., slot machines, electronic gaming devices, table games or
such other forms of gaming positions approved by the commission.
(3) An Operation Certificate shall not issue
unless the gaming licensee has demonstrated to the commission that it has
complied with all requirements of M.G.L. c. 23K, 205 CMR, and all applicable
laws. Such compliance includes, but is not limited to:
(a) Approval of its system of internal
controls in accordance with
205 CMR
138.02(2) including
implementation of all approved policies and procedures required in accordance
with
205 CMR
138.02(4);
(b) Compliance with all elements of M.G.L. c.
23K, § 25(a);
(c) Provision of
a current list of all gaming employees;
(d) For category 1 and category 2 gaming
licensees, the gaming area and other essential ancillary entertainment services
and non-gaming amenities, as determined by the commission, have been built and
are of a superior quality and comply with any applicable conditions of
licensure;
(e) For category 1
gaming licensees, documentation to confirm that total infrastructure
improvements onsite and around the vicinity of the gaming establishment,
including projects to account for traffic mitigation, are completed in
accordance with M.G.L. c. 23K, § 10(c) and the conditions of the gaming
licensee's license;
(f) For the
category 2 gaming licensee, documentation to confirm that any infrastructure
improvements necessary to increase visitor capacity and account for traffic
mitigation are completed in accordance with M.G.L. c. 23K, § 11 and the
gaming licensee's license conditions;
(g) A copy of an emergency response plan
filed with the commission and filed with fire department and police department
of the host community shall include, but not be limited to:
1. a layout identifying all areas within the
facility and grounds, including support systems and the internal and external
access routes;
2. the location and
inventory of emergency response equipment and the contact information of the
emergency response coordinator for the gaming establishment;
3. the location of any hazardous substances
and a description of any public health or safety hazards present on
site;
4. a description of any
special equipment needed to respond to an emergency at the gaming
establishment;
5. an evacuation
plan; and
6. any other information
relating to emergency response as requested by the commission, the fire
department or the police department of the host community.
(h) A copy of the certificate of occupancy
issued by a building commissioner or inspector of buildings of the host
community in accordance with 780 CMR 111.00: Certificate of
Occupancy that includes an approval under 521 CMR:
Architectural Access Board, indicating the necessary use and
occupancy to operate the gaming establishment; as well as copies of any other
permits required to be issued by the host community prior to the opening of a
like facility;
(i) A copy of all
certification of operation for all elevators in accordance with M.G.L. c. 143,
§ 63 and 524 CMR: Board of Elevator Regulations;
and
(j) Compliance with all
applicable terms and condition of the gaming licensee's
license.
