Code of Massachusetts Regulations
205 CMR - MASSACHUSETTS GAMING COMMISSION
Title 205 CMR 151.00 - Requirements for the Operations and Conduct of Gaming at a Gaming Establishment
Section 151.05 - Operation Certificate: Amendment to Conform to Approved Changes

Universal Citation: 205 MA Code of Regs 205.151

Current through Register 1531, September 27, 2024

(1) Prior to making a change to any approved component of its gaming establishment, a gaming licensee shall petition the commission to amend the Operation Certificate. The application shall include, without limitation, the following:

(a) If applicable, a description of any proposed changes in the number of authorized gaming positions, by category, to be played in the gaming establishment;

(b) If applicable, a revised floor plan of the gaming establishment, simulcasting area, or any restricted area reflecting the proposed change, which revised floor plan shall be filed with the commission at the office of its Senior Supervising Agent in the establishment. Such petition shall also include the following information:
1. a comparison showing the presently authorized square footage of the gaming area, simulcasting area, or restricted area to be amended with that which will result if the proposed change is made;

2. A clear delineation of any proposed change to the perimeter of the gaming area, simulcasting area, or restricted area;

3. A narrative from the architect certifying the floor plan that clearly describes the change to be made by the proposal, noting with particularity any such change to the perimeter of the gaming area, simulcasting area, or restricted area; and

4. A description of any alternate gaming pit or slot zone configurations of locations. Prior to any change to and offering to the public of an approved alternate configuration or location:
a. The gaming licensee shall provide the Senior Supervising Agent with at least 24 hours prior written notice of the change; and

b. A physical and CCTV inspection of the alternate configuration or location shall be performed and approved by the commission, or its designee.

(2) Within three business days of a gaming licensee filing an application pursuant to 205 CMR 151.05(1), the commission, or its designee, shall review the proposed change set forth in the application for compliance with M.G.L. c. 23K and 205 CMR. Unless the commission, or its designee, notifies the gaming licensee in writing that the proposed change is to be scheduled for a full hearing by the commission at a public meeting or is disapproved, the gaming licensee, after obtaining all approvals required by federal, state or local government officials and providing a copy or other acceptable written evidence of such approvals to the commission, may begin implementing such change upon the earlier of the following:

(a) The expiration of the three-day period; or

(b) Receipt of written commission approval for the change.

(3) The gaming licensee shall notify the commission in writing upon final completion of any proposed change set forth in the application and for which the gaming licensee is prepared to seek final approval pursuant to 205 CMR 151.05(4). A floor plan in the form prescribed by 205 CMR 151.02(2) that depicts the changes made shall accompany the notice.

(4) Promptly after the filing of a notice pursuant to 205 CMR 151.05(3), the commission or its designee shall inspect the physical changes made to the gaming establishment, simulcasting facility and/or any restricted area to ensure that those changes conform to the floor plan accompanying the notice and the description previously submitted to the commission. Following such inspection, the commission, or its designee, shall notify the gaming licensee in writing as to which physical change is approved and which is rejected, whereupon, in the event any change is rejected, the gaming licensee shall either:

(a) Correct any rejected change to conform with the approved floor plan;

(b) Submit a new application for the proposed change; or

(c) Take such other action as the commission, or its designee, may direct to ensure that the currently approved floor plan accurately depicts the physical layout of the gaming establishment, the simulcasting area (if any) and/or any restricted area.

(5) The Operation Certificate shall be amended to conform to each change approved in accordance with 205 CMR 151.05(4).

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