(1)
Once a submitted Sports Wagering License Application is deemed administratively
sufficient, the Commission shall commence a substantive evaluation of its
contents. The Commission may utilize any technical assistance it deems
necessary to aid in its review.
(2)
The Commission shall analyze the factors and considerations set out in
205
CMR 218.06(5) and
218.06(6)
in no particular order, and giving any particular weights, or no weight, to any
factor.
(3) In reviewing any
application, the Commission may also utilize any of the following methods,
without limitation:
(a) Public meetings and
presentations; or
(b) Requests for
additional information, modified proposals, or applications from Applicants,
including requesting the Applicants' "best and final" proposals.
(4) The Commission shall
deliberate on license applications in a public meeting, and shall not be
required to use the procedures set out in
205 CMR
101.00: M.G.L. c. 23K Adjudicatory
Proceedings.
(5) In
determining whether any Applicant will be awarded a Sports Wagering License,
the Commission will evaluate the Sports Wagering License Application to
determine whether a license award would benefit the Commonwealth, and consider
the following factors:
(a) The Applicant's
experience and expertise related to Sports Wagering, including:
1. The Applicant's background in Sports
Wagering;
2. The Applicant's
experience and licensure in other jurisdictions with Sports Wagering;
3. A description of the Applicant's proposed
Sports W agering operation, or description, technical features, and operation
of Sports Wagering platform, as applicable; and
(b) The economic impact and other benefits to
the Commonwealth if the Applicant is awarded a License, including:
1. Employment opportunities within the
Commonwealth;
2. The projected
revenue from wagering operations, and tax revenue to the
Commonwealth;
3. For Category 1 and
2 Sports Wagering License Applicants, the Applicant's proposed plans for
construction and capital investments associated with the license award;
and
4. Community engagement;
and
(c) The Applicant's
proposed measures related to responsible gaming, including:
1. The Applicant's responsible gaming
policies;
2. The Applicant's
advertising and promotional plans; and
3. The Applicant's history of demonstrated
commitment to responsible gaming; and
(d) A description of the Applicant's
willingness to foster racial, ethnic, and gender diversity, equity, and
inclusion, including:
1. Within the
Applicant's workforce;
Through the Applicant's supplier spend; and
2. In the Applicant's corporate structure;
and
(e) The technology
that the Applicant intends to use in its operation, including:
1. Geofencing;
2. Know-your-customer measures; and
3. Technological expertise and reliability;
and
(f) The suitability
of the Applicant and its qualifiers, including:
1. Whether the Applicant can be or has been
determined suitable in accordance with 205 CMR 215;
2. The Applicant's and all parties in
interest to the license's integrity, honesty, good character, and
reputation;
3. The Applicant's
financial stability, integrity, and background;
4. The Applicant's business practices and
business ability to establish and maintain a successful sports wagering
operation;
5. The Applicant's
history of compliance with gaming or sports wagering licensing requirements in
other jurisdictions; and
6. Whether
the Applicant is a defendant in litigation involving its business practices;
and
(g) Any other
appropriate factor, in the Commission's discretion.
(6)
Additional Considerations for
Applications for Untethered Category 3 Licenses
(a) In determining whether a particular
Applicant will be awarded an Untethered Category 3 License, the Commission
shall take into consideration the variations between the Applicants as they
relate to any other Sports Wagering License Applicants or licensees, and how
granting any particular Application, or combination of Applications, would
maximize overall benefits and minimize overall harms or the risk of harms to
the Commonwealth.
(b) The
Commission may, in its discretion, implement competitive processes for awarding
Untethered Category 3 Licenses, and may, without limitation:
1. Utilize scored or unscored selection
systems;
2. Grant or deny one or
more particular applications, while reserving action on other applications for
future deliberation; or
3. Review
applications in multiple phases or rounds, and use different review
methodologies in each phase or round.
(7)
Supplemental Suitability
Determinations
(a) At any time
after deeming an Applicant eligible to request a Temporary License in
accordance with
205
CMR 218.07, the Commission may make a
supplemental determination of suitability according to the standard set out in
205
CMR 215.01(1):
Durable Finding of Suitability.
(b) If the Commission determines under
205
CMR 218.06(7)(a) that the
Applicant is:
1. suitable, the Commission
shall award the Applicant a Sports Wagering License in accordance with
205
CMR 218.07;
2. unsuitable, the Commission shall deny the
Applicant a Sports Wagering License in accordance with
205
CMR 218.07.
