UPDATE: Gaming Commission issues written determination regarding the premises of gaming establishments for Mohegan Sun MA LLC and Wynn MA LLC

UPDATE:

On May 15, 2014, the Massachusetts Gaming Commission issued its written determination of the premises of the gaming establishment for Mohegan Sun MA LLC and Wynn MA LLC. To view the written determination, please click here.

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On May 8, 2014, the Massachusetts Gaming Commission issued a decision in principle regarding the location of the gaming establishments for Mohegan Sun MA LLC and Wynn MA LLC by unanimous vote (4-0).

For Mohegan Sun MA LLC, the Commission listened to all of the speakers and considered the statutory definitions of gaming establishment, host community and surrounding community. The Commission found that the gaming establishment proposed by Mohegan Sun is located in the city of Revere, is not located in the City of Boston and that the City of Boston is accordingly not a host community. The Commission considered the race track at Suffolk Downs and determined that it is not part of the gaming establishment based upon the fact that the track and the gaming establishment is under separate ownership, control and management.  The Commission further considered that the legislature defined host community in geographical terms—the municipality in which gaming establishment is located.  The legislature defined surrounding community by impacts and access to the gaming establishment.  The Commission is  bound by these definitions.  Looking at where the gaming establishment is physically located, the separate ownership of the gaming establishment and the track and applying the statutory definitions, the Commission found that the proposed Mohegan Sun gaming establishment is located in Revere.

For Wynn MA LLC, the Commission listened to all of the speakers and considered the statutory definitions of gaming establishment, host community and surrounding community. The Commission found that the gaming establishment proposed by Wynn is located in the city of Everett, is not located in the City of Boston and that the City of Boston is accordingly not a host community.  The Commission was not convinced with argument that cross marketing agreements with facilities in Boston, the use of roads in Boston to access the gaming establishment, or promoting attractions located in Boston makes Boston a host community.  The Commission further considered that the legislature defined host community in geographical terms—the municipality in which gaming establishment is located.  The legislature defined surrounding community by impacts and access to the gaming establishment.  The Commission is  bound by these definitions.  Looking at where the gaming establishment is physically located, and applying the statutory definitions, the Commission found that the proposed Wynn gaming establishment is located in Everett.

The Commission plans to review and issue a written decision at its public meeting next week.

 

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