Section 23. (a) A category 1 and category 2 licensee shall issue an annual report to the commission explicitly stating its progress on meeting each of the stated goals and stipulations put forth in the licensee's original application. Inability to meet stated goals within a reasonable time frame, as determined by the commission, shall result in additional fees as deemed fair and reasonable by the commission. Failure to meet stated goals may also result in revocation of the license at any time by the commission.
Nothing in this section shall preclude the commission at any time from reviewing the business operations of a gaming licensee to ensure that the conditions of licensure are being met including, but not limited to, the suitability of the gaming licensee and any affiliates and the fiscal stability of the gaming establishment.
(b) The commission may condition, suspend or revoke a gaming license upon a finding that a licensee: (i) has committed a criminal or civil offense under this chapter or under any other laws of the commonwealth; (ii) is not in compliance with gaming regulations or is under criminal investigation in another jurisdiction; (iii) has breached a condition of licensure; (iv) has affiliates, close associates or employees that are not qualified or licensed under this chapter with whom the gaming licensee continues to conduct business or employ; (v) is no longer capable of maintaining operations at a gaming establishment; or (vi) whose business practice, upon a determination by the commission, is injurious to the policy objectives of this chapter.
(c) Whenever a person contracts to transfer any property relating to an ongoing gaming establishment, including a security holding in a gaming licensee or holding or intermediary company, under circumstances which require that the transferee obtain licensure under this chapter, the contract shall not specify a closing or settlement date which is earlier than 121 days after the submission of a completed application for licensure or qualification, which application shall include a fully executed and approved trust agreement.
The commission shall hold a hearing and render a decision on the interim authorization of the new applicant. If the commission grants interim authorization, then the closing or settlement may occur without interruption of operations of the gaming establishment. If the commission denies interim authorization, there shall be no closing or settlement until the commission makes a determination on the qualification of the applicant and, if the commission then denies qualification, the contract shall thereby be terminated for all purposes without liability on the part of the transferor. The commission shall promulgate further regulations for interim authorization of a gaming establishment.
(d) No person or affiliate shall be awarded, purchase or otherwise hold or have a financial interest in more than 1 gaming license issued by the commission.
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