Section 11. (a) The commission shall set the minimum capital investment for a category 2 license; provided, however, that the gaming licensee shall make a capital investment of not less than $125,000,000 into the gaming establishment, which shall include, but not be limited to, a gaming area or other amenities as proposed in the application for a category 2 license; and provided further, that the commission shall determine whether it will include the purchase or lease price of the land where the gaming establishment will be located or any infrastructure designed to support the site, including, but not limited to, drainage, utility support, roadways, interchanges, fill and soil or groundwater or surface water contamination issues, whether or not the applicant is an eligible owner or operator under chapter 21E and has suitable capital to finance its operations and the proposed capital investment. The investment required under this section shall be made within 2 years after receiving a gaming license; provided, however, that any infrastructure improvements necessary to increase visitor capacity and account for traffic mitigation shall not be considered part of the required capital investment and, as determined by the commission, shall be completed before the category 2 licensee shall be authorized to operate a slot machine at the gaming establishment.
(b) The commission shall determine the minimum licensing fee for a category 2 licensee, which shall not be less than $25,000,000 to be paid within 30 days after the award of the license.
(c) Upon award of a category 2 license, the commission shall continue to assess the capitalization of a licensee for the duration of construction of the proposed gaming establishment and the term of the gaming license.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 23k - The Massachusetts Gaming Commission E Fee or Tax; Penalties.
Section 1 - Findings and Declaration
Section 4 - Powers of the Commission
Section 5 - Regulations for the Implementation, Administration and Enforcement of Chapter
Section 6 - Investigations and Enforcement Bureau
Section 8 - Requests for Applications for Category 1 and Category 2 Licenses
Section 9 - Application for Gaming Licenses
Section 12 - Investigation Into Suitability of Applicant for Gaming License
Section 15 - Criteria for Eligibility to Receive Gaming License
Section 16 - Grounds for Denial of Application for License or Registration
Section 18 - Objectives to Be Advanced in Determining Granting of License; Statement of Findings
Section 19 - Issuance of Category 1 Licenses
Section 20 - Issuance of Category 2 License
Section 21 - Form of Gaming License and Conditions for Licensees
Section 25 - Requirements for the Operation and Conduct of Gaming at a Gaming Establishment
Section 27 - Issuance of Credit by Gaming Licensee to Patron of a Gaming Establishment
Section 28 - Complimentary Services, Gifts, Cash, or Other Items of Value
Section 30 - Licensing or Registration of Persons Employed by a Gaming Licensee
Section 39 - Cheating and Swindling; Penalty
Section 40 - Possession of Cheating and Swindling Device or Game; Penalty
Section 44 - Deposit of Penalties Collected Under Chapter
Section 48 - Applicability of Other Laws to Gaming Licensees
Section 53 - Retention and Disposition of Unclaimed Cash and Prizes
Section 54 - Disposition of Cash or Prizes of a Person Under 21 Years of Age
Section 55 - Daily Tax and Assessment Payable by Category 1 and Category 2 Licensees
Section 57 - Massachusetts Gaming Control Fund
Section 58 - Public Health Trust Fund
Section 59 - Gaming Revenue Fund
Section 60 - Race Horse Development Fund
Section 61 - Community Mitigation Fund
Section 62 - Transportation Infrastructure and Development Fund
Section 63 - Gaming Local Aid Fund
Section 65 - Audit of Gaming Licensees