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PART I
TITLE II
CHAPTER 23K
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PART I
ADMINISTRATION OF THE GOVERNMENT
(Chapters 1 through 182)
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TITLE II
EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE
COMMONWEALTH
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CHAPTER 23K
THE MASSACHUSETTS GAMING COMMISSION
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Section 1
Findings and declaration
Section 2
Definitions
Section 3
3. Massachusetts gaming commission; duty, qualification, term and compensation of commissioners; executive director; employees
Section 4
Powers of the commission
Section 5
Regulations for the implementation, administration and enforcement of chapter
Section 6
Investigations and enforcement bureau
Section 7
Administration and enforcement of chapters 128A and 128C; grant of simulcasting license to gaming establishment
Section 8
Requests for applications for category 1 and category 2 licenses
Section 9
Application for gaming licenses
Section 10
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
Section 11
Minimum capital investment for category 2 license; licensing fee; continuing assessment of capitalization of licensee
Section 12
Investigation into suitability of applicant for gaming license
Section 13
Establishment of qualification for licensure by clear and convincing evidence; duty to cooperate in inquiry or investigation; willful provision of false or misleading information
Section 14
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
Section 15
Criteria for eligibility to receive gaming license
Section 16
Grounds for denial of application for license or registration
Section 17
Determination and designation of surrounding communities and impacted live entertainment venues of proposed gaming establishment; public hearing; action by the commission on the application
Section 18
Objectives to be advanced in determining granting of license; statement of findings
Section 19
Issuance of category 1 licenses
Section 20
Issuance of category 2 license
Section 21
Form of gaming license and conditions for licensees
Section 22
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
Section 23
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
Section 24
Applicants holding live racing license under chapter 128A; number of live racing days; annual purse agreements
Section 25
Requirements for the operation and conduct of gaming at a gaming establishment
Section 26
Sale and distribution of alcoholic beverages at gaming establishments; gaming beverage license
Section 27
Issuance of credit by gaming licensee to patron of a gaming establishment
Section 28
Complimentary services, gifts, cash, or other items of value
Section 29
Cashless wagering systems; setting and adjustment of betting limits; monthly statements; annual report to the commission
Section 30
Licensing or registration of persons employed by a gaming licensee
Section 31
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
Section 32
Registration of labor organization seeking to represent employees of gaming establishment; financial interest of labor organization or its officers in gaming establishment
Section 33
Junkets, junket representatives and junket enterprises authorized; licensing of junket representatives as gaming employee; reporting; prohibited conduct
Section 34
Appointment of conservator to manage and operate business of gaming licensee upon revocation, suspension, or failure or refusal of renewal of license
Section 35
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
Section 36
Assessment of civil administrative penalties for failure to comply with provisions of chapter or any regulation or order of the commission
Section 37
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
Section 38
Resisting, preventing, impeding, etc., performance of duties of agent or employee of the bureau, commission or division; penalty
Section 39
Cheating and swindling; penalty
Section 40
Possession of cheating and swindling device or game; penalty
Section 41
Manufacture, distribution, sale or service of gaming device for purpose of defrauding, cheating or stealing; penalty
Section 42
Seizure and forfeiture of device, game or gaming device possessed, used, manufactured, etc., in violation of chapter
Section 43
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
Section 44
Deposit of penalties collected under chapter
Section 45
Regulation and procedure for the exclusion and self-exclusion of persons from gaming establishments
Section 46
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
Section 47
Disclosure of political contributions by applicant for a gaming license to municipality or municipal employee of host community of applicant's proposed gaming establishment
Section 48
Applicability of other laws to gaming licensees
Section 49
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
Section 50
Creation and priority of lien on commercial property owned by gaming licensee in the commonwealth
Section 51
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
Section 52
Notice to department of transitional assistance and IV-D agency of all persons awarded cash winnings or prize in excess of $600
Section 53
Retention and disposition of unclaimed cash and prizes
Section 54
Disposition of cash or prizes of a person under 21 years of age
Section 55
Daily tax and assessment payable by category 1 and category 2 licensees
Section 56
Fees and annual assessment of costs not otherwise covered by fees or other sources of funding
Section 57
Massachusetts Gaming Control Fund
Section 58
Public Health Trust Fund
Section 59
Gaming Revenue Fund
Section 60
Race Horse Development Fund
Section 61
Community Mitigation Fund
Section 62
Transportation Infrastructure and Development Fund
Section 63
Gaming Local Aid Fund
Section 64
Education Fund
Section 65
Audit of gaming licensees
Section 66
Utilization of qualified independent testing laboratory for testing of slot machines and other gaming equipment
Section 67
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
Section 68
Gaming policy advisory committee
Section 69
Reporting on gaming revenues, prize disbursements, expenses and matters requiring immediate changes in the laws
Section 70
Annual reporting of activities including review of implementation and enforcement of chapter and establishment of governance structure
Section 71
Development of annual research agenda in furtherance of understanding the social and economic effects of expanding gaming in the commonwealth
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