Under M.G.L. c. 23K, the licensing of gaming establishments will proceed in two phases.
In Phase 1, the Commission will evaluate the qualifications and suitability of a gaming license applicant, its qualifiers and other persons required to be investigated in connection with the proposed issuance of a license to operate a gaming establishment based, among other things, on an investigation of their “integrity, good character and reputation.” M.G.L. c. 23K, §12.
Phase 1 Regulations detail the contents, process, fees, procedures and standards for the initial Phase 1 qualification stage of the licensing process for gaming licenses.
Phase 2 regulations focus on the merits of an applicant’s proposed gaming establishment and other matters within the Commission’s jurisdiction.
Regulations governing the Phase 2 process are generally contained in sections 118.00 through 128.00.
Download Phase 1 and Phase 2 regulations here:
Click here for a summary of provisions of the Commission’s Phase 2 Regulations and Modifications to Phase 1 Regulations that may be important to Host and Potential Surrounding Communities.
Amendment to Arbitration Regulation:
The Commission has recently amended arbitration regulations. The primary purpose of this regulation amendment is to provide a mechanism for the Commission to determine whether any provision of a best and final offer is fundamentally inconsistent with the provisions or purposes of MGL c. 23K (“Fundamental Inconsistency Petitions”). The now superseded regulation had provided authority to the arbitrator or arbitrators instead of the Commission to determine if a term or terms of a best and final offer are inconsistent with MGL c. 23K.
View the amended arbitration regulation:
A Request Seeking Public Comment: Proposed Changes and the Addition of New Sections of the Gaming Regulations
On April 9, 2014, the Massachusetts Gaming Commission issued a request for public comment on the proposed amendments and new sections of the gaming regulations. These proposals were developed pursuant to G.L. 23K, §5(a) as part of the Commission’s regulation promulgation process. The proposals include the following amendments and new sections:
- 118.06: Amended to give the Commission flexibility in issuing an effective date for the gaming license.
- 121.00: Amendments giving applicants guidance regarding the payment of license fees and assessments.
- 133.00: New regulations governing the procedure and protocol relative to the list of self-excluded persons from entering a gaming area of a gaming establishment.
- 125.01: Amendments providing guidance to the applicants regarding the protocols and procedures for the arbitration process.
Comments must be received by 4:00 pm on Friday, May 2, 2014. Please email comments to email@example.com with ‘draft regulation comment’ in the subject line. Please be certain to identify in your comments the section number of the regulation for which you are commenting.
A public hearing will be held to hear public comment for the regulations on May 5, 2013 from 10:00 a.m. to 12:00 p.m. at 1000 Washington Street, Boston, MA.
The draft regulations may be downloaded below, and are also available under the ‘Licensing & Regulations’ tab.
- 118.06: RFA-2 License Determinations
- 205 CMR 133.00: Voluntary Self-Exclusion
- 205 CMR 121.00: Licensing Fee
- 205 CMR 125 6 (c) Binding Arbitration Procedure amendment v3