Current through Register 1531, September 27, 2024
(1)
Application.
(a)
Form for Application. Application for a license to
conduct the game of Beano shall be made on form B.C.I. which is hereby adopted.
The application must be complete in all details and must be approved by the
Local Licensing Authority. All applications must be accompanied by the
appropriate fee in the form of a check payable to the Massachusetts State
Lottery Commission. The application shall be signed by the proposed member in
charge of Beano and the head of the organization who shall be: in the case of a
religious organization or an affiliate thereof, the Rabbi, Pastor, Rector, or
Superior or the President or Chairman of the Board of Directors of the
Congregation or the chief executive officer; in the case of a veterans
organization, by the Commander; in the case of an organization of volunteer
firemen, by the President; in the case of a fraternal organization, by the duly
elected head of the organization; in the case of a non-profit organization
furnishing ambulance service, by the Presidentor Director; in the case of a
corporation organized under the provisions of M.G.L. c. 180 by the Principal
Officer . Notwithstanding the above, it is the intent of 961 CMR 3.03 that the
legally responsible official of the applicant organization shall sign in his or
her representative capacity.
(b)
Information to be Furnished. In addition to the
information required to be furnished on the application, every organization
desiring to conduct Beano may be required, by either the Local Licensing
Authority or by the Director, to furnish such information as is considered
necessary to satisfy the Director that the applicant organization is fully
qualified and eligible for a Beano license. This information, if so required
and deemed necessary by the Local Licensing Authority and/or the Director, may
include such information as: copy of the corporate charter, statement of
purpose, copy of organizational charter, articles of organization, by-laws and
evidence to the Local Licensing Authority's satisfaction that the organization
was in existence for at least five years immediately prior to the date of
application. The applicant, upon request of either the Local Licensing
Authority o r the Director, may be required to furnish a statement as to
whether the organization has engaged in serving one or more of the Lawful
Purposes as defined in
961 CMR 3.02(7)
for a period of at least five years
immediately prior to the date of making application for such license.
Notwithstanding the above, it is the intention of 961 CMR 3.03(1) that no
license application be forwarded to the Commission for its approval until the
Local Licensing Authority is certain that the applicant organization is fully
qualified under the Beano Law.
(c)
Issuance of License. Unless specifically requested to
do otherwise by the Local Licensing Authority, the Commission will send
licenses issued on approved applications to the licensee.
(d)
Denial of
Application. The Director may deny the application in which case
the fee will be returned with the denial to the Applicant.
(2)
Lists Required to Be Kept:
Membership List. Each licensee must maintain a list of its current
membership which shall be kept available for inspection at all reasonable
times. The Director or the Local Licensing Authority may require any applicant
organization to file a list of its current members, officers and directors with
the Commission or Local Licensing Authority and may further require filing of
supplementary lists of additions, deletions and changes required to keep the
original list up to date.
(3)
Joint Licenses. No joint license for the conduct of
Beano shall be issued except at the discretion of the Director and then only to
two organizations both of which are qualified under the statute governing
Beano.
(4)
Premises.
(a)
Operation Restricted to One Premises. Each licensee
(or in the case of a joint license, joint-licensees) shall be licensed to
conduct Beano and sell Charity Game Tickets only on the premises listed on the
face of its license. For the purposes of the sale of Charity Game Tickets,
premises shall include the premises listed on the face of the license, as well
as the address of the Licensed Organization provided said address is not a
residential address, should they be different.
(b)
Use of Premises
Restricted. Beano shall be conducted on premises owned by the
Licensee Organization or owned by another Licensee Organization and indicated
as the Beano Occasion address on the application for license. The Director may
authorize in writing the use of premises other than those specified in the
precedingsentence, and may specify the terms, including rent, on which such
premises may be used provided that the approval of the Local Licensing
Authority and the Chief of Police has been obtained.
(5)
Denial of Original or Renewal
Application for License.
(a)
Grounds for Denial. The Director may deny any
application of any organization, even though approved by the Local Licensing
Authority. Denial of said application may be based on but is not limited to:
1. Revocation of a license previously held
under the Beano law by said organization or its predecessor,
2. Non-conformance with the Beano
Law,
3. Non-conformance with
961 CMR
3.00,
4.
The public interest.
(b)
Hearing. Any organization denied a license under 901
CMR 3.03 shall be entitled to hearing held pursuant to
961 CMR 3.06.
(6)
Revocation or
Suspension of License.
(a)
Grounds for Revocation or Suspension. The license of
any organization or organizations issued pursuant to the Beano Law may be
suspended or revoked by the Director. Grounds for suspension or revocation
shall include but are not limited to:
1.
Violation of any provision of the Beano Law, regardless of whether any criminal
charges are brought or conviction results;
2. Violation of
961 CMR
3.00 or any other directives of the
Director;
3. The request of the
Local Licensing Authority;
4. The
public interest.
(b)
Hearing. Any organization whose license is suspended
or revoked shall be entitled to a hearing held pursuant to
961 CMR 3.06.
(c)
Surrender of License on
Suspension or Revocation. Any organization whose license is
suspended or revoked under 961 CMR 3.03(6) shall surrender its license to the
Commission on or before the effective date of said suspension or
revocation.