General Laws of Massachusetts - Chapter 23K The Massachusetts Gaming Commission Se Fee or Tax; Penalties.
- Massachusetts General Laws - Findings and declaration - Chapter 23K, Section 1
The General Court finds and declares that: (1) ensuring public confidence in the integrity of the gaming licensing process and in the strict oversight of...
- Massachusetts General Laws - Definitions - Chapter 23K, Section 2
As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:— “Affiliate”, a person who directly or...
- Massachusetts General Laws - Massachusetts gaming commission; duty, qualification, term and compensation of commissioners; executive director; employees - Chapter 23K, Section 3
(a) There shall be a Massachusetts gaming commission which shall consist of 5 commissioners, 1 of whom shall be appointed by the governor; 1 of...
- Massachusetts General Laws - Powers of the commission - Chapter 23K, Section 4
The commission shall have all powers necessary or convenient to carry out and effectuate its purposes including, but not limited to, the power to: (1)...
- Massachusetts General Laws - Regulations for the implementation, administration and enforcement of chapter - Chapter 23K, Section 5
(a) The commission shall promulgate regulations for the implementation, administration and enforcement of this chapter including, without limitation, regulations that: (1) prescribe the method and...
- Massachusetts General Laws - Investigations and enforcement bureau - Chapter 23K, Section 6
(a) There shall be within the commission an investigations and enforcement bureau which shall be the primary enforcement agent for regulatory matters under this chapter....
- Massachusetts General Laws - Administration and enforcement of chapters 128A and 128C; grant of simulcasting license to gaming establishment - Chapter 23K, Section 7
[Text of section effective until July 31, 2014. For text effective July 31, 2014, see below.] (a) The commission shall administer and enforce chapters 128A...
- Massachusetts General Laws - Requests for applications for category 1 and category 2 licenses - Chapter 23K, Section 8
(a) The commission shall issue a request for applications for category 1 and category 2 licenses; provided, however, that the commission shall first issue a...
- Massachusetts General Laws - Application for gaming licenses - Chapter 23K, 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...
- Massachusetts General Laws - 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 - Chapter 23K, Section 10
(a) The commission shall set the minimum capital investment for a category 1 license; provided, however, that a gaming licensee shall make a capital investment...
- Massachusetts General Laws - Minimum capital investment for category 2 license; licensing fee; continuing assessment of capitalization of licensee - Chapter 23K, Section 11
(a) The commission shall set the minimum capital investment for a category 2 license; provided, however, that the gaming licensee shall make a capital investment...
- Massachusetts General Laws - Investigation into suitability of applicant for gaming license - Chapter 23K, Section 12
(a) Upon receipt of an application for a gaming license, the commission shall instruct the bureau to commence an investigation into the suitability of the...
- Massachusetts General Laws - Establishment of qualification for licensure by clear and convincing evidence; duty to cooperate in inquiry or investigation; willful provision of false or misleading information - Chapter 23K, Section 13
(a) An applicant for a gaming license, and any person required by the commission to be qualified for licensure, shall establish its individual qualifications for...
- Massachusetts General Laws - 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 - Chapter 23K, Section 14
(a) The commission shall require anyone with a financial interest in a gaming establishment, or with a financial interest in the business of the gaming...
- Massachusetts General Laws - Criteria for eligibility to receive gaming license - Chapter 23K, Section 15
No applicant shall be eligible to receive a gaming license unless the applicant meets the following criteria and clearly states as part of an application...
- Massachusetts General Laws - Grounds for denial of application for license or registration - Chapter 23K, Section 16
(a) The commission shall deny an application for a gaming license or a license for a key gaming employee issued under this chapter, if the...
- Massachusetts General Laws - Determination and designation of surrounding communities and impacted live entertainment venues of proposed gaming establishment; public hearing; action by the commission on the application - Chapter 23K, Section 17
(a) After a review of the entire application and any independent evaluations, the commission shall identify which communities shall be designated as the surrounding communities...
- Massachusetts General Laws - Objectives to be advanced in determining granting of license; statement of findings - Chapter 23K, Section 18
In determining whether an applicant shall receive a gaming license, the commission shall evaluate and issue a statement of findings of how each applicant proposes...
- Massachusetts General Laws - Issuance of category 1 licenses - Chapter 23K, Section 19
(a) The commission may issue not more than 3 category 1 licenses based on the applications and bids submitted to the commission. Not more than...
- Massachusetts General Laws - Issuance of category 2 license - Chapter 23K, Section 20
(a) The commission may issue not more than 1 category 2 license; provided, however, that the category 2 license shall only be issued to an...
- Massachusetts General Laws - Form of gaming license and conditions for licensees - Chapter 23K, Section 21
(a) The commission shall prescribe the form of the gaming license, which shall include, but not be limited to, the following license conditions for each...
- Massachusetts General Laws - 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 - Chapter 23K, Section 22
The sale, assignment, transfer, pledge or other disposition of any security issued by a corporation which holds a gaming license shall be conditional and shall...
- Massachusetts General Laws - 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 licenses party may hold interest in - Chapter 23K, Section 23
(a) A category 1 and category 2 licensee shall issue an annual report to the commission explicitly stating its progress on meeting each of the...
- Massachusetts General Laws - Applicants holding live racing license under chapter 128A; number of live racing days; annual purse agreements - Chapter 23K, Section 24
(a) An applicant for a gaming license who holds a live racing license under chapter 128A shall maintain an existing racing facility on the premises;...
- Massachusetts General Laws - Requirements for the operation and conduct of gaming at a gaming establishment - Chapter 23K, Section 25
(a) No gaming licensee shall conduct gaming without an operations certificate issued by the commission. An operations certificate shall only be issued upon compliance with...
- Massachusetts General Laws - Sale and distribution of alcoholic beverages at gaming establishments; gaming beverage license - Chapter 23K, Section 26
(a) Notwithstanding chapter 138 or any other general or special law or rule or regulation to the contrary, the commission may grant, upon request of...
- Massachusetts General Laws - Issuance of credit by gaming licensee to patron of a gaming establishment - Chapter 23K, Section 27
(a) A gaming licensee may issue credit to a patron of a gaming establishment in accordance with regulations promulgated by the commission. Such regulations shall...
- Massachusetts General Laws - Complimentary services, gifts, cash, or other items of value - Chapter 23K, Section 28
(a) No gaming licensee shall offer to provide any complimentary services, gifts, cash or other items of value to any person unless the complimentary item...
- Massachusetts General Laws - Cashless wagering systems; setting and adjustment of betting limits; monthly statements; annual report to the commission - Chapter 23K, Section 29
A gaming establishment offering a cashless wagering system shall allow individuals to monitor and impose betting limits on their cashless wagering. The gaming establishment shall...
- Massachusetts General Laws - Licensing or registration of persons employed by a gaming licensee - Chapter 23K, Section 30
(a) No person shall be employed by a gaming licensee unless such person has been licensed by or registered with the commission. (b) Any person...
- Massachusetts General Laws - 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 - Chapter 23K, Section 31
(a) No person shall conduct a business with a gaming licensee unless such person has been licensed or registered with the commission. (b) Any person...
- Massachusetts General Laws - Registration of labor organization seeking to represent employees of gaming establishment; financial interest of labor organization or its officers in gaming establishment - Chapter 23K, Section 32
(a) Each labor organization, union or affiliate seeking to represent employees who are employed at a gaming establishment shall register with the commission. (b) Neither...
- Massachusetts General Laws - Junkets, junket representatives and junket enterprises authorized; licensing of junket representatives as gaming employee; reporting; prohibited conduct - Chapter 23K, Section 33
(a) No junkets may be organized or permitted and no person may act as a junket representative or junket enterprise except as authorized by the...
- Massachusetts General Laws - Appointment of conservator to manage and operate business of gaming licensee upon revocation, suspension, or failure or refusal of renewal of license - Chapter 23K, Section 34
(a) Upon revocation or suspension of a gaming license or upon the failure or refusal to renew a gaming license, the commission may appoint a...
- Massachusetts General Laws - 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 - Chapter 23K, Section 35
(a) The bureau may issue orders requiring persons to cease any activity which violates this chapter, a regulation adopted hereunder or any law related to...
- Massachusetts General Laws - Assessment of civil administrative penalties for failure to comply with provisions of chapter or any regulation or order of the commission - Chapter 23K, Section 36
(a) The bureau may assess a civil administrative penalty on a licensee or registrant who fails to comply with any provision of this chapter or...
- Massachusetts General Laws - 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 of compensation without permission of commission; conduct or operation of game or gaming device upon expired license; failure to exclude persons placed on excluded persons list; failure to report or pay license fee or tax; penalties - Chapter 23K, Section 37
(a) Whoever conducts or operates, or permits to be conducted or operated, any game or gaming device in violation of this chapter or the regulations...
- Massachusetts General Laws - Resisting, preventing, impeding, etc., performance of duties of agent or employee of the bureau, commission or division; penalty - Chapter 23K, Section 38
Whoever willfully resists, prevents, impedes, interferes with or makes any false, fictitious or fraudulent statement or representation to the bureau, commission or division or to...
- Massachusetts General Laws - Cheating and swindling; penalty - Chapter 23K, Section 39
(a) Whoever, during a game in a gaming establishment, knowingly and by any trick or sleight of hand performance or by a fraud or fraudulent...
- Massachusetts General Laws - Possession of cheating and swindling device or game; penalty - Chapter 23K, Section 40
(a) Whoever possesses a cheating and swindling device or game, with the intent to defraud, cheat or steal, shall be punished by imprisonment in the...
- Massachusetts General Laws - Manufacture, distribution, sale or service of gaming device for purpose of defrauding, cheating or stealing; penalty - Chapter 23K, Section 41
Whoever manufactures, distributes, sells or services a gaming device, in violation of this chapter or regulations adopted under this chapter and for the purpose of...
- Massachusetts General Laws - Seizure and forfeiture of device, game or gaming device possessed, used, manufactured, etc., in violation of chapter - Chapter 23K, Section 42
Any device, game or gaming device possessed, used, manufactured, distributed, sold or serviced in violation of this chapter shall be subject to seizure and forfeiture...
- Massachusetts General Laws - 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 - Chapter 23K, Section 43
(a) Whoever, being under 21 years old, plays, places wagers at or collects winnings from, whether personally or through an agent, a game in a...
- Massachusetts General Laws - Deposit of penalties collected under chapter - Chapter 23K, Section 44
All penalties collected under this chapter shall be deposited into the Gaming Revenue Fund established in section 59.
- Massachusetts General Laws - Regulation and procedure for the exclusion and self-exclusion of persons from gaming establishments - Chapter 23K, Section 45
(a) The commission, by regulation, shall provide for the establishment of a list of excluded persons who are to be excluded from a gaming establishment....
- Massachusetts General Laws - 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 - Chapter 23K, Section 46
No applicant for a gaming license, nor any holding, intermediary or subsidiary company thereof, nor any officer, director, key gaming employee or principal employee of...
- Massachusetts General Laws - Disclosure of political contributions by applicant for a gaming license to municipality or municipal employee of host community of applicant’s proposed gaming establishment - Chapter 23K, Section 47
All political contributions or contributions in kind made by an applicant for a gaming license to a municipality or a municipal employee, as defined in...
- Massachusetts General Laws - Applicability of other laws to gaming licensees - Chapter 23K, Section 48
A gaming licensee shall be subject to chapters 62 to 62E, inclusive, and chapters 63 to 63B, inclusive.
- Massachusetts General Laws - 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 - Chapter 23K, Section 49
(a) A gaming establishment, including any business located within a gaming establishment, shall not be a certified project within the meaning of section 3F of...
- Massachusetts General Laws - Creation and priority of lien on commercial property owned by gaming licensee in the commonwealth - Chapter 23K, Section 50
Any liability to the commonwealth under this chapter shall constitute a debt to the commonwealth. Once a statement naming a gaming licensee is recorded, registered...
- Massachusetts General Laws - 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 - Chapter 23K, Section 51
(a) Prior to disbursement of cash or a prize in excess of $600, a gaming licensee shall review information made available by the IV-D agency,...
- Massachusetts General Laws - Notice to department of transitional assistance and IV-D agency of all persons awarded cash winnings or prize in excess of $600 - Chapter 23K, Section 52
Gaming licensees shall, on a monthly basis, transmit to the department of transitional assistance and to the IV-D agency, as set forth in chapter 119A,...
- Massachusetts General Laws - Retention and disposition of unclaimed cash and prizes - Chapter 23K, Section 53
Unclaimed cash and prizes shall be retained by the gaming licensee for the person entitled to the cash or prize for 1 year after the...
- Massachusetts General Laws - Disposition of cash or prizes of a person under 21 years of age - Chapter 23K, Section 54
If the person entitled to the cash or prize is under 21 years of age, the cash or prize shall be remitted to the commission...
- Massachusetts General Laws - Daily tax and assessment payable by category 1 and category 2 licensees - Chapter 23K, Section 55
(a) A category 1 licensee shall pay a daily tax of 25 per cent on gross gaming revenues. (b) A category 2 licensee shall pay...
- Massachusetts General Laws - Fees and annual assessment of costs not otherwise covered by fees or other sources of funding - Chapter 23K, Section 56
(a) In addition to any other tax or fee imposed by this chapter, there shall be imposed an annual license fee of $600 for each...
- Massachusetts General Laws - Massachusetts Gaming Control Fund - Chapter 23K, Section 57
(a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Massachusetts Gaming Control...
- Massachusetts General Laws - Public Health Trust Fund - Chapter 23K, Section 58
There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Public Health Trust Fund....
- Massachusetts General Laws - Gaming Revenue Fund - Chapter 23K, Section 59
There shall be established and set up on the books of the commonwealth a Gaming Revenue Fund which shall receive revenues collected from the tax...
- Massachusetts General Laws - Race Horse Development Fund - Chapter 23K, Section 60
(a) There shall be established and set up on the books of the commonwealth a Race Horse Development Fund to be administered by the commission....
- Massachusetts General Laws - Community Mitigation Fund - Chapter 23K, Section 61
(a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Community Mitigation Fund....
- Massachusetts General Laws - Transportation Infrastructure and Development Fund - Chapter 23K, Section 62
There shall be established and set up on the books of the commonwealth a fund to be known as the Transportation Infrastructure and Development Fund....
- Massachusetts General Laws - Gaming Local Aid Fund - Chapter 23K, Section 63
There shall be established and set up on the books of the commonwealth a fund to be known as the Gaming Local Aid Fund. The...
- Massachusetts General Laws - Education Fund - Chapter 23K, Section 64
There shall be established and set up on the books of the commonwealth a fund to be known as the Education Fund. The fund shall...
- Massachusetts General Laws - Audit of gaming licensees - Chapter 23K, Section 65
The commission shall audit as often as the commission determines necessary, but not less than annually, the accounts, programs, activities, and functions of all gaming...
- Massachusetts General Laws - Utilization of qualified independent testing laboratory for testing of slot machines and other gaming equipment - Chapter 23K, Section 66
Unless the commission otherwise determines it to be in the best fiscal interests of the commonwealth, the commission shall utilize the services of an independent...
- Massachusetts General Laws - 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 - Chapter 23K, Section 67
The commission shall continue to evaluate the status of Indian tribes in the commonwealth including, without limitation, gaining federal recognition or taking land into trust...
- Massachusetts General Laws - Gaming policy advisory committee - Chapter 23K, Section 68
(a) There shall be a gaming policy advisory committee to consist of the governor or the governor’s designee, who shall serve as chair, the commission...
- Massachusetts General Laws - Reporting on gaming revenues, prize disbursements, expenses and matters requiring immediate changes in the laws - Chapter 23K, Section 69
The commission shall report monthly to the governor, the attorney general, the senate and house committees on ways and means, the chairs of the joint...
- Massachusetts General Laws - Annual reporting of activities including review of implementation and enforcement of chapter and establishment of governance structure - Chapter 23K, Section 70
The commission shall annually submit a complete and detailed report of the commission’s activities, including a review of the implementation and enforcement of this chapter...
- Massachusetts General Laws - Development of annual research agenda in furtherance of understanding the social and economic effects of expanding gaming in the commonwealth - Chapter 23K, Section 71
The commission, with the advice of the gaming policy advisory committee, shall develop an annual research agenda in order to understand the social and economic...
Last modified: September 11, 2015