Massachusetts General Laws
Chapter 23k - The Massachusetts Gaming Commission E Fee or Tax; Penalties.
Section 9 - Application for Gaming Licenses

Section 9. (a) The commission shall prescribe the form of the application for gaming licenses which shall require, but not be limited to:
(1) the name of the applicant;
(2) the mailing address and, if a corporation, the name of the state under the laws of which it is incorporated, the location of its principal place of business and the names and addresses of its directors and stockholders;
(3) the identity of each person having a direct or indirect interest in the business and the nature of such interest; provided, however, that if the disclosed entity is a trust, the application shall disclose the names and addresses of all beneficiaries; provided further, that if the disclosed entity is a partnership, the application shall disclose the names and addresses of all partners, both general and limited; and provided further, that if the disclosed entity is a limited liability company, the application shall disclose the names and addresses of all members;
(4) an independent audit report of all financial activities and interests including, but not limited to, the disclosure of all contributions, donations, loans or any other financial transactions to or from a gaming entity or operator in the past 5 years;
(5) clear and convincing evidence of financial stability including, but not limited to, bank references, business and personal income and disbursement schedules, tax returns and other reports filed by government agencies and business and personal accounting check records and ledgers;
(6) information and documentation to demonstrate that the applicant has sufficient business ability and experience to create the likelihood of establishing and maintaining a successful gaming establishment;
(7) a full description of the proposed internal controls and security systems for the proposed gaming establishment and any related facilities;
(8) an agreement that the applicant shall mitigate the potential negative public health consequences associated with gambling and the operation of a gaming establishment, including: (i) maintaining a smoke-free environment within the gaming establishment under section 22 of chapter 270; (ii) providing complimentary on-site space for an independent substance abuse and mental health counseling service to be selected by the commission; (iii) prominently displaying information on the signs of problem gambling and how to access assistance; (iv) describing a process for individuals to exclude their names and contact information from a gaming licensee's database or any other list held by the gaming licensee for use in marketing or promotional communications; and (v) instituting other public health strategies as determined by the commission;
(9) the designs for the proposed gaming establishment, including the names and addresses of the architects, engineers and designers, and a timeline of construction that includes detailed stages of construction for the gaming establishment, non-gaming structures and racecourse, where applicable;
(10) the number of construction hours estimated to complete the work;
(11) a description of the ancillary entertainment services and amenities to be provided at the proposed gaming establishment; provided, however, that a gaming licensee shall only be permitted to build a live entertainment venue that has less than 1,000 seats or more than 3,500 seats;
(12) the number of employees to be employed at the proposed gaming establishment, including detailed information on the pay rate and benefits for employees;
(13) completed studies and reports as required by the commission, which shall include, but not be limited to, an examination of the proposed gaming establishment's: (i) economic benefits to the region and the commonwealth; (ii) local and regional social, environmental, traffic and infrastructure impacts; (iii) impact on the local and regional economy, including the impact on cultural institutions and on small businesses in the host community and surrounding communities; (iv) cost to the host community and surrounding communities and the commonwealth for the proposed gaming establishment to be located at the proposed location; and (v) the estimated municipal and state tax revenue to be generated by the gaming establishment; provided, however, that nothing contained in any such study or report shall preclude a municipality from seeking funding approval pursuant to clause (7) of section 4 for professional services to examine or evaluate a cost, benefit or other impact;
(14) the names of proposed vendors of gaming equipment;
(15) the location of the proposed gaming establishment, which shall include the address, maps, book and page numbers from the appropriate registry of deeds, assessed value of the land at the time of application and ownership interests over the past 20 years, including all interests, options, agreements in property and demographic, geographic and environmental information and any other information requested by the commission;
(16) the type and number of games to be conducted at the proposed gaming establishment and the specific location of the games in the proposed gaming establishment;
(17) the number of hotels and rooms, restaurants and other amenities located at the proposed gaming establishment and how they measure in quality to other area hotels and amenities;
(18) whether the applicant's proposed gaming establishment is part of a regional or local economic plan; and
(19) whether the applicant purchased or intends to purchase publicly-owned land for the proposed gaming establishment.
(b) Applications for licenses shall be public records under section 10 of chapter 66; provided however, that trade secrets, competitively-sensitive or other proprietary information provided in the course of an application for a gaming license under this chapter, the disclosure of which would place the applicant at a competitive disadvantage, may be withheld from disclosure under chapter 66.

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