Massachusetts General Laws
Chapter 23k - The Massachusetts Gaming Commission E Fee or Tax; Penalties.
Section 68 - Gaming Policy Advisory Committee

Section 68. (a) There shall be a gaming policy advisory committee to consist of the governor or the governor's designee, who shall serve as chair, the commission chair, 2 members of the senate of whom 1 shall be appointed by minority leader, 2 members of the house of representatives of whom 1 shall be appointed by the minority leader, the commissioner of public health or the commissioner's designee and 8 persons to be appointed by the governor, of whom 3 shall be representatives of gaming licensees, 1 shall be a representative of a federally recognized Indian tribe in the commonwealth, 1 shall be a representative of organized labor and 3 shall be appointed from the vicinity of each gaming establishment, as defined by the host community and surrounding communities, upon determination of the licensee and site location by the commission. The committee shall designate subcommittees to examine community mitigation, compulsive gambling and gaming impacts on cultural facilities and tourism. Members of the committee shall serve for 2–year terms. The committee shall meet at least once annually for the purpose of discussing matters of gaming policy. The recommendations of the committee concerning gaming policy made under this section shall be advisory and shall not be binding on the commission.
(b) There shall be a subcommittee on community mitigation under the gaming policy advisory committee consisting of 12 members, 1 of whom shall be appointed from the host community in region A, 1 of whom shall be appointed from the host community in region B; 1 of whom shall be appointed from the host community in region C, 1 of whom shall be a representative from the department of revenue's division of local services, 1 of whom shall be a representative of the commission, 3 of whom shall be appointed by the governor, of whom 1 shall have professional experience in community mitigation related to gaming, 1 shall be a small business owner in a host community and 1 shall be a representative from a chamber of commerce serving a host community who shall be chosen from a list of 3 candidates selected by the chambers of commerce in the surrounding communities, 1 of whom shall represent the local community mitigation advisory committee in region A, 1 of whom shall represent the local mitigation advisory committee in region B, 1 of whom shall represent the local mitigation advisory committee in region C and 1 of whom shall be a representative from the Massachusetts Municipal Association. The subcommittee shall develop recommendations to be considered by the commission to address issues of community mitigation as a result of the development of gaming establishments in the commonwealth including, but not limited to, how funds may be expended from the Community Mitigation Fund, the impact of gaming establishments on the host community and surrounding communities including, but not limited to, the impact on local resources as a result of new housing construction and potential necessary changes to affordable housing laws, increased education costs and curriculum changes due to population changes in the region, development and maintenance of infrastructure related to increased population and utilization in the region and public safety impacts resulting from the facility and ways to address that impact. The subcommittee shall receive input from local community mitigation advisory committees. The subcommittee shall review annually the expenditure of funds from the Community Mitigation Fund and make recommendations to the commission relative to appropriate and necessary use of community mitigation funds. The commission may promulgate such regulations as advised by the subcommittee; provided, however, that the commission shall submit proposed final regulations to the subcommittee for comment 30 days before promulgation.
(c) There shall be a subcommittee on addiction services under the gaming policy advisory committee consisting of 5 members, 1 of whom shall be a representative from the department of public health's bureau of substance addiction services; 1 of whom shall be a representative from the Massachusetts Council on Compulsive Gambling, Inc., 1 of whom shall be a representative of the commission and 2 of whom shall be appointed by the governor with professional experience in the area of gambling addictions. The subcommittee shall develop recommendations for regulations to be considered by the commission in addressing issues related to addiction services as a result of the development of gaming establishments in the commonwealth including, by not limited to, prevention and intervention strategies.
(d) There shall be a subcommittee on public safety under the gaming policy advisory committee consisting of 7 members, 1 of whom shall be a member of the commission, 1 of whom shall be the secretary of public safety or the secretary's designee, 1 of whom shall be the attorney general or the attorney general's designee, 1 of whom shall be a representative from the Massachusetts District Attorneys Association, 1 of whom shall be the colonel of state police or the colonel's designee, 1 of whom shall be a representative from the Massachusetts Chiefs of Police Association and 1 of whom shall be a representative of a public safety labor union. The subcommittee shall develop recommendations for regulations to be considered by the commission to address public safety issues as a result of the development of gaming establishments in the commonwealth including, but not limited to, ways to mitigate the impact of gaming establishments on crimes committed in the commonwealth. The subcommittee shall also study the impact of gaming establishments on all aspects of public safety in the commonwealth.
(e) Each region, as defined in section 19, may establish a local community mitigation advisory committee, which shall include not fewer than 6 members, 1 of whom shall be appointed by each of the host and surrounding communities, 1 of whom shall be appointed by each regional planning agency to which at least 1 of the host or surrounding communities belongs and 4 of whom shall be appointed by the commission, of whom at least 1 shall represent a chamber of commerce in the region, 1 shall represent a regional economic development organization in the region and 2 shall represent human service providers in the region. Each local committee shall annually elect a chair and such other officers as it deems necessary to carry out its duties. Each local committee shall annually elect 1 committee member from those members appointed by surrounding communities to represent the local committee in the subcommittee on community mitigation under subsection (b).
Each local community mitigation advisory committee may provide information and develop recommendations for the subcommittee on community mitigation on any issues related to the gaming establishment located in its region including, but not limited to: (i) issues of community mitigation; (ii) ways in which funds may be expended from the Community Mitigation Fund; and (iii) the impact of the gaming establishments on the host and surrounding communities. Additionally, each local community mitigation advisory committee may present information to the commission consistent with the rules of the commission on any issues related to the gaming establishment located in its region.

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