Section 116.09 - Approval(1) Any transfer for which notice is required under 205 CMR 116.08 that results in a new qualifier being designated in accordance with 205 CMR 116.02 must be approved by the commission in accordance with 205 CMR 115.00: Phase 1 and New Qualifier Suitability Determination, Standards, and Procedures which approval shall be subject to the satisfaction of 205 CMR 129.01: Review of a Proposed Transfer of Interests. Notwithstanding the provisions of M.G.L. c. 23K, § 21(b)(ii), the commission shall not assess a payment representing the Commonwealth's share of the increased value for the transferred licenses, property or interest, but a transferor or transferee shall be responsible for the payment of all investigatory and other fees provided for in 205 CMR 114.00: Fees.(2) The commission may reject any transfer requiring approval pursuant to 205 CMR 116.09(1) that it finds would be disadvantageous to the interests of the Commonwealth of Massachusetts. A transfer may be considered disadvantageous to the interests of the Commonwealth if the commission determines that the proposed transferee does not satisfy the applicable considerations set forth in M.G.L. c. 23K, §§ 12, 15, 16, and/or 18, as applicable, 205 CMR 115.00: Phase 1 and New Qualifier Suitability Determination, Standards, and Procedures, or any other applicable provisions of M.G.L. c. 23K or 205 CMR, and/or the transferee does not satisfy the provisions of 205 CMR 129.01: Review of a Proposed Transfer of Interests.(3) Pursuant to M.G.L. c. 23K, § 20(e), the commission shall not approve the transfer of the category 2 gaming license for five years after the initial issuance of the license unless one of the following has occurred: (a) the parent, holding company, or intermediary company of the gaming licensee experiences a change in ownership resulting in a change of control;(b) the gaming licensee fails to maintain suitability; or(c) the commission determines that other circumstances exist which affect the gaming licensee's ability to operate the gaming establishment successfully.(4) The commission shall not approve of any transfer that would result in the transferee having a financial interest in more than one gaming license issued by the commission.Adopted by Mass Register Issue 1308, eff. 3/11/2016.Amended by Mass Register Issue 1313, eff. 3/12/2016.