Section 14. (a) The commission shall require anyone with a financial interest in a gaming establishment, or with a financial interest in the business of the gaming licensee or applicant for a gaming license or who is a close associate of a gaming licensee or an applicant for a gaming license, to be qualified for licensure by meeting the criteria provided in sections 12 and 16 and to provide any other information that the commission may require.
(b) For each business that applies for a gaming license, the commission shall determine whether each officer and director of a corporation, other than a publicly-traded corporation, general partner and limited partner of a limited partnership, and member, transferee of a member's interest in a limited liability company, director and manager of a limited liability company which holds or applies for a gaming license meets the standards for qualification of licensure pursuant to sections 12 and 16 and, in the judgment of the commission, any of a business's individual stockholders, lenders, holders of evidence of indebtedness, underwriters, close associates, executives, agents or employees.
(c) A person owning more than 5 per cent of the common stock of the applicant company, directly or indirectly, or a holding, intermediary or subsidiary company of an applicant company may be required to meet the qualifications for licensure under sections 12 and 16. The commission may waive the licensing requirements for institutional investors holding up to 15 per cent of the stock of the applicant company or holding, intermediary or subsidiary company of the applicant company upon a showing by the person seeking the waiver that the applicant purchased the securities for investment purposes only and does not have any intention to influence or affect the affairs or operations of the applicant company or a holding, intermediary or subsidiary company of the applicant company. An institutional investor granted a waiver which subsequently determines to influence or affect the affairs or operations of the applicant company or a holding, intermediary or subsidiary company of the applicant company shall provide not less than 30 days notice to the commission of such intent and the commission shall ensure that the institutional investor meets the qualifications for licensure under said sections 12 and 16 before the institutional investor may take an action that may influence or affect the affairs of the applicant company or a holding, intermediary or subsidiary company of the applicant company. Any company holding over 15 per cent of the applicant company, or a holding, intermediary or subsidiary company of an applicant company, shall be required to meet the qualifications for licensure under said sections 12 and 16.
(d) A person who is required to be qualified for licensure under this section as a general or limited partner shall not serve as such a partner until that person obtains the required approval or waiver from the commission.
(e) The commission shall require any person involved in the financing of a gaming establishment or an applicant's proposed gaming establishment to be qualified for licensure pursuant to sections 12 and 16 and may allow such person to seek a waiver pursuant to the standards in subsection (c).
(f) A person required to be qualified for licensure shall apply for qualification within 30 days after taking a position with the business. A person who is required to be qualified for licensure pursuant to a decision of the commission shall apply for qualification within 30 days after that decision.
(g) If a corporation or other form of business organization applying for a gaming license is, or if a corporation or other form of business organization holding a gaming license is to become, a subsidiary, each holding company, intermediary company and other entity having an interest in the applicant shall be required to be qualified for licensure under sections 12 and 16.
(h) The commission shall require that a company or individual that can exercise control or provide direction to a gaming licensee or applicant for a gaming license or a holding, intermediary or subsidiary company of a gaming licensee or applicant for a gaming license be qualified for licensure under sections 12 and 16; provided, however, that the commission may allow such person to seek a waiver under subsection (c).
(i) The bureau shall investigate each person required to be qualified for licensure under this section and shall: (i) make a recommendation to the commission that the commission shall approve or deny the application for licensure; or (ii) extend the period for issuing a recommendation in order to obtain additional information necessary for a complete evaluation of the application for a 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