Section 12. (a) Upon receipt of an application for a gaming license, the commission shall instruct the bureau to commence an investigation into the suitability of the applicant. In evaluating the suitability of the applicant, the commission shall consider the overall reputation of the applicant including, without limitation:
(1) the integrity, honesty, good character and reputation of the applicant;
(2) the financial stability, integrity and background of the applicant;
(3) the business practices and the business ability of the applicant to establish and maintain a successful gaming establishment;
(4) whether the applicant has a history of compliance with gaming licensing requirements in other jurisdictions;
(5) whether the applicant, at the time of application, is a defendant in litigation involving its business practices;
(6) the suitability of all parties in interest to the gaming license, including affiliates and close associates and the financial resources of the applicant; and
(7) whether the applicant is disqualified from receiving a license under section 16; provided, however, that in considering the rehabilitation of an applicant for a gaming license, the commission shall not automatically disqualify an applicant if the applicant affirmatively demonstrates, by clear and convincing evidence, that the applicant has financial responsibility, character, reputation, integrity and general fitness as such to warrant belief by the commission that the applicant will act honestly, fairly, soundly and efficiently as a gaming licensee.
(b) If the bureau determines during its investigation that an applicant has failed to: (i) establish the applicant's integrity or the integrity of any affiliate, close associate, financial source or any person required to be qualified by the commission; (ii) demonstrate responsible business practices in any jurisdiction; or (iii) overcome any other reason, as determined by the commission, as to why it would be injurious to the interests of the commonwealth in awarding the applicant a gaming license, the bureau shall cease any further review and recommend that the commission deny the application.
(c) If the bureau has determined that an applicant is suitable to receive a gaming license, the bureau shall recommend that the commission commence a review of the applicant's entire application.
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