Code of Massachusetts Regulations
205 CMR - MASSACHUSETTS GAMING COMMISSION
Title 205 CMR 16.00 - Procedures for the Approval of A Simulcast-Only Facility
Section 16.09 - Conditions
Universal Citation: 205 MA Code of Regs 205.16
Current through Register 1531, September 27, 2024
(1) All site approvals shall be issued subject to the following conditions:
(a) That the licensee comply with all terms
and conditions of the site approval;
(b) That the licensee comply with M.G.L. c.
128A, M.G.L. c. 128C, and all rules and regulations of the
Commission;
(c) That the licensee
consents to the Commission or its representative physically inspecting the
progress of construction or development, subject to reasonable construction
site safety rules, to determine the licensee's compliance with the terms and
conditions of the site approval, M.G.L. c. 128A, M.G.L. c. 128C, or 205
CMR;
(d) That the licensee shall
grant access to, at any time, plans, specifications, submittals, contracts,
financing documents or other records concerning the construction of the project
or related infrastructure. The licensee shall provide the requested materials
to the Commission or its representative within ten days of the Commission's
request for such documents;
(e)
That the licensee shall not conduct simulcast wagering at the proposed
simulcasting facility without an operation certificate, which shall not issue
until the licensee has demonstrated to the Commission that it has complied with
all requirements of M.G.L. c. 128A, M.G.L. c. 128C, 205 CMR, and all applicable
laws. Such compliance includes, but is not limited to:
(i) The simulcasting facility has been built
and is of a superior quality and complies with any applicable conditions of
site approval;
(ii) A copy of an
emergency response plan that includes, but is not limited to, the elements
listed in
205
CMR 151.01(3)(g) and which
is filed with the Commission and with fire department and police department of
the Host Community; or an update to such plan already filed pursuant to
205
CMR 151.01: Issuance and Posting of
Operation Certificate or
205
CMR 251.01(3)(d);
(iii) 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 simulcasting facility; as well as copies of any other
permits required to be issued by the host community prior to the opening of a
like facility;
(iv) Compliance with
any other condition imposed by the Commission to secure the objectives of
M.G.L. c. 23N and 205 CMR.
(2) The Commission may impose any other conditions on particular site approvals that it determines are appropriate to secure the objectives of M.G.L. c. 128A, M.G.L. c. 128C and 205 CMR.
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