Massachusetts General Laws
Chapter 23k - The Massachusetts Gaming Commission E Fee or Tax; Penalties.
Section 34 - Appointment of Conservator to Manage and Operate Business of Gaming Licensee Upon Revocation, Suspension, or Failure or Refusal of Renewal of License

Section 34. (a) Upon revocation or suspension of a gaming license or upon the failure or refusal to renew a gaming license, the commission may appoint a conservator to temporarily manage and operate the business of the gaming licensee relating to the gaming establishment. Such conservator shall be a person of similar experience in the field of gaming management and, in the case of replacing a gaming licensee, shall have experience operating a gaming establishment of similar caliber in another jurisdiction, and shall be in good standing in all jurisdictions in which the conservator operates a gaming establishment. Upon appointment, a conservator shall agree to all licensing provisions of the former gaming licensee.
(b) A conservator shall, before assuming, managerial or operational duties, execute and file a bond for the faithful performance of its duties payable to the commission with such surety and in such form and amount as the commission shall approve.
(c) The commission shall require that the former or suspended gaming licensee purchase liability insurance, in an amount determined by the commission, to protect a conservator from liability for any acts or omissions of the conservator during the conservator's appointment which are reasonably related to and within the scope of the conservator's duties.
(d) During the period of temporary management of the gaming establishment, the commission shall initiate proceedings under this chapter to award a new gaming license to a qualified applicant whose gaming establishment shall be located at the site of the preexisting gaming establishment.
(e) An applicant for a new gaming license shall be qualified for licensure under this chapter; provided, however, that the commission shall determine an appropriate level of investment by an applicant into the preexisting gaming establishment.
(f) Upon award of a new gaming license, the new gaming licensee shall pay the original licensing fee required under this chapter.

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Structure Massachusetts General Laws

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 2 - Definitions

Section 3 - Massachusetts Gaming Commission; Duty, Qualification, Term and Compensation of Commissioners; Executive Director; Employees

Section 4 - Powers of the Commission

Section 5 - Regulations for the Implementation, Administration and Enforcement of Chapter

Section 6 - Investigations and Enforcement Bureau

Section 7 - Administration and Enforcement of Chapters 128a and 128c; Grant of Simulcasting License to Gaming Establishment

Section 8 - Requests for Applications for Category 1 and Category 2 Licenses

Section 9 - Application for Gaming Licenses

Section 10 - Minimum Capital Investment for Category 1 License; Penalty for Failure to Timely Begin Gaming Operations; Determination of Date for Opening for Business; Licensing and Renewal Fees; Continuing Assessment of Capitalization of Licensee

Section 11 - Minimum Capital Investment for Category 2 License; Licensing Fee; Continuing Assessment of Capitalization of Licensee

Section 12 - Investigation Into Suitability of Applicant for Gaming License

Section 13 - Establishment of Qualification for Licensure by Clear and Convincing Evidence; Duty to Cooperate in Inquiry or Investigation; Willful Provision of False or Misleading Information

Section 14 - Licensure of Party Having Financial Interest in a Gaming Establishment or the Business of the Gaming Licensee or Applicant or Who Is a Close Associate of a Gaming Licensee or Applicant

Section 15 - Criteria for Eligibility to Receive Gaming License

Section 16 - Grounds for Denial of Application for License or Registration

Section 17 - Determination and Designation of Surrounding Communities and Impacted Live Entertainment Venues of Proposed Gaming Establishment; Public Hearing; Action by the Commission on the Application

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 22 - Disposition of Security Issued by Corporation Holding a Gaming License Subject to Commission Approval; Reporting of Change of Corporate Officers or Member of Board of Directors

Section 23 - Annual Licensee Progress Report; Penalty for Failure to Meet Stated Goals; Revocation or Suspension of License; Transfer of Property Relating to Ongoing Gaming Establishment to Transferee Requiring Licensure; Limitation on Number of Lice...

Section 24 - Applicants Holding Live Racing License Under Chapter 128a; Number of Live Racing Days; Annual Purse Agreements

Section 25 - Requirements for the Operation and Conduct of Gaming at a Gaming Establishment

Section 26 - Sale and Distribution of Alcoholic Beverages at Gaming Establishments; Gaming Beverage License

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 29 - Cashless Wagering Systems; Setting and Adjustment of Betting Limits; Monthly Statements; Annual Report to the Commission

Section 30 - Licensing or Registration of Persons Employed by a Gaming Licensee

Section 31 - Licensing or Registration of Persons Conducting a Business With a Gaming Licensee, and Vendors, Suppliers and Owners of Common Stock of Companies Required to Be Licensed as a Gaming Vendor

Section 32 - Registration of Labor Organization Seeking to Represent Employees of Gaming Establishment; Financial Interest of Labor Organization or Its Officers in Gaming Establishment

Section 33 - Junkets, Junket Representatives and Junket Enterprises Authorized; Licensing of Junket Representatives as Gaming Employee; Reporting; Prohibited Conduct

Section 34 - Appointment of Conservator to Manage and Operate Business of Gaming Licensee Upon Revocation, Suspension, or Failure or Refusal of Renewal of License

Section 35 - Order of Bureau to Cease and Desist Activities Which Violate Chapter, Regulation or Any Law Related to Gaming; Penalty for Noncompliance; Action for Injunction; Temporary Order of Suspension

Section 36 - Assessment of Civil Administrative Penalties for Failure to Comply With Provisions of Chapter or Any Regulation or Order of the Commission

Section 37 - Unlawful Conduct or Operation of Game or Gaming Device in Violation of Chapter; Employing of Unlicensed or Unregistered Individuals; Working Without Required License or Registration; Placing of Game or Gaming Device Into Play or Receipt...

Section 38 - Resisting, Preventing, Impeding, etc., Performance of Duties of Agent or Employee of the Bureau, Commission or Division; Penalty

Section 39 - Cheating and Swindling; Penalty

Section 40 - Possession of Cheating and Swindling Device or Game; Penalty

Section 41 - Manufacture, Distribution, Sale or Service of Gaming Device for Purpose of Defrauding, Cheating or Stealing; Penalty

Section 42 - Seizure and Forfeiture of Device, Game or Gaming Device Possessed, Used, Manufactured, etc., in Violation of Chapter

Section 43 - Playing, Placing of Wagers or Collecting Winnings From Game in a Gaming Establishment by or on Behalf of Person Under 21 Years of Age; Penalties

Section 44 - Deposit of Penalties Collected Under Chapter

Section 45 - Regulation and Procedure for the Exclusion and Self-Exclusion of Persons From Gaming Establishments

Section 46 - Contributions of Money or Value by Applicant, etc., for Gaming License to Municipal, County or State Office Holder, Candidates for Public Office or Groups Organized in Support of Such Candidates

Section 47 - Disclosure of Political Contributions by Applicant for a Gaming License to Municipality or Municipal Employee of Host Community of Applicant's Proposed Gaming Establishment

Section 48 - Applicability of Other Laws to Gaming Licensees

Section 49 - Applicability of Others Laws to Gaming Establishments; Exclusion of Gaming Establishment and Businesses Located Within Gaming Establishments From and From Eligibility for Certain Credits or Deductions Listed in Chapters 62 or 63

Section 51 - Disbursement by Gaming Licensee of Cash or Prize to Iv–d Agency or Department of Revenue in Satisfaction of Winner's Past-Due Child Support or Past-Due Tax Liability to Commonwealth

Section 52 - Notice to Department of Transitional Assistance and Iv–d Agency of All Persons Awarded Cash Winnings or Prize in Excess of $600

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 56 - Fees and Annual Assessment of Costs Not Otherwise Covered by Fees or Other Sources of Funding

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 64 - Education Fund

Section 65 - Audit of Gaming Licensees

Section 66 - Utilization of Qualified Independent Testing Laboratory for Testing of Slot Machines and Other Gaming Equipment

Section 67 - Evaluation and Recommendation as to Best Interests of Commonwealth to Enter Into Negotiation With Indian Tribes of the Commonwealth for the Purpose of Establishing Class Iii Gaming on Tribal Land

Section 68 - Gaming Policy Advisory Committee

Section 69 - Reporting on Gaming Revenues, Prize Disbursements, Expenses and Matters Requiring Immediate Changes in the Laws

Section 70 - Annual Reporting of Activities Including Review of Implementation and Enforcement of Chapter and Establishment of Governance Structure

Section 71 - Development of Annual Research Agenda in Furtherance of Understanding the Social and Economic Effects of Expanding Gaming in the Commonwealth