MassGaming announces suitability decision regarding slots-parlor applicant, Penn National

Today the Massachusetts Gaming Commission (Commission) announces determinations of suitability regarding gaming applicant, Penn National and its qualifiers, in pursuit of the state’s single slots-parlor license.

The application for a gaming license has two parts. The first, called the Phase 1 application, essentially focuses on the qualifications and suitability of the applicants and its “qualifiers” (entities and individuals) to hold a gaming license. The Phase 2 application is ‘site specific’ and focuses on site, design, finance, operation, community mitigation and other attributes of the gaming facility itself. As one of the prerequisites to submitting a Phase 2 (and final) application to the Commission outlining the specifics of its proposal for a gaming establishment, all applicants must first be issued a positive determination of suitability by the Commission.  The burden is on each applicant to establish its suitability to hold a gaming license by “clear and convincing evidence.”  To that end, all applicants that submitted a Phase 1 application have subjected themselves to a thorough background investigation of all its qualifiers, both individuals and entities.  The investigations are being conducted and remain ongoing by the Investigations and Enforcement Bureau of the Commission.

On September 18 and 19, 2013, at the Boston Convention and Exhibition Center, the Commission conducted an adjudicatory hearing relative to the completion of the background investigation based on the Phase 1 application submitted by Penn National. At the direction of Chairman Steve Crosby, the entire Commission presided over the matter.  At the hearing, the applicant was represented by Jonathan Albano, Esq. and John Snyder, Esq. from the firm of Bingham McCutchen.  The Investigations and Enforcement Bureau was represented by David Mackey, Esq. and Mina Makarious, Esq., from the firm of Anderson & Kreiger.

As a result of the comprehensive background investigation, a lengthy adjudicatory proceeding and an intensive deliberation conducted by the five- member gaming commission, the Commission finds by a unanimous vote that Applicant, Penn National, has met its burden of proof and accordingly is issued a POSITIVE determination of suitability.

The written decision issued by the Commission regarding Penn National is available in its entirety here.

 

 

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