MassGaming provides update to Region A (Eastern Mass) resort casino licensing timeline, Commission seeking public comment in advance of May 1st public meeting

On April 4, 2014, the Massachusetts Gaming Commission released an updated timeline and required actions regarding the ongoing licensing process for the Category 1 (resort-casino) commercial license in Region A (Eastern Mass).

The Commission would like to inform interested parties relative to the following Region A timeline updates and required actions for participating communities and applicants:

Host Community Meetings Postponed: At the end of March, the Commission postponed the Revere and Everett Host Community public meetings that were scheduled for April 7th and April 8th.  They have not yet been rescheduled.  Please continue to visit for further updates to the Region A Licensing Schedule.

Timeline Update for Region A Surrounding Communities: On April 3, 2014, the Commission unanimously decided to hold a public meeting on May 1, 2014, regarding matters related to the determination of the premises of the gaming establishment for which Mohegan Sun Massachusetts, LLC and Wynn MA, LLC seek approval in their RFA-2 application.  This will result in the final decision on the  Region A license being delayed to an undetermined date. However, the schedule for negotiation and arbitration between other non-Boston Region A communities and applicants has not been impacted by this decision.   Negotiations between such communities and applicants continue through April 22 before the beginning of the arbitration process is set to commence. The deadline for selection of  arbitrators and the filing of best and final offers remains April 29.   Applicants and communities are strongly encouraged to      select an arbitrator or arbitrators well ahead of this date. The deadline for the report by the arbitrator or arbitrators remains May 19. The negotiation and arbitration schedule is found here and in the ‘Timeline’ section of the Commission’s website.   The posted schedule includes dates regarding the filing of Fundamental Inconsistency Petitions, described below. Please note that communities and applicants can continue to negotiate throughout the arbitration process.

Amendment to Arbitration Regulations: The Commission has posted the recent amendment to its arbitration regulations, found here and in the ‘Gaming Regulations’ section of the Commission’s website. 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.

Public Meeting Scheduled and Request for Public Comment: The Commission is seeking public comment in advance of the May 1st public meeting to determine the premises of the gaming establishment for which Mohegan Sun Massachusetts, LLC and Wynn MA, LLC seek approval in the RFA-2 application. The Commission is soliciting public comment in the form of legal briefs. The briefs should state the reasons for the position(s)  taken, identify supporting legal authorities, and include any sworn  affidavits, authenticated documents, and other relevant evidence not otherwise included in an RFA-2 application. Briefs shall be limited to 15 pages exclusive of attachments. The briefs are due on April 17th at 5:00pm and should be sent to  and . Responses will be posted to the day after the due date.

Any individual may submit a reply brief April 24th by 5:00pm.  An individual need not have submitted an initial brief to submit a reply brief. A reply brief, however, may only address specific issues that were addressed in a brief submitted by another individual or group. Reply briefs shall be limited to 10 pages exclusive of attachments. All reply briefs, including any affidavits and other documents submitted with the reply briefs will be posted to the day after the due date.

On May 1, 2014, the Commission will hold a public meeting to determine the premises of the gaming establishment for which Mohegan Sun Massachusetts, LLC and Wynn MA, LLC seek approval in the RFA-2 application.

**The procedure for the determination of Region A gaming establishments is available here. **

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