205 Mass. Reg. 118.05

Current through Register 1523, June 7, 2024
Section 118.05 - RFA-2 Public Hearing in Host Community
(1) For each administratively complete RFA-2 application, the commission shall conduct a public hearing on the application at an open meeting of the commission pursuant to M.G.L. c. 30A, § 20. The commission will send written notice of the public hearing to the applicant for a gaming license and to the city or town clerk of each host and surrounding community at least 30 days before the public hearing. The commission will post the notice of the public hearing on its website. The commission shall hold the public hearing within the host community; provided, however, that the commission may hold the public hearing in another city or town upon written request, accompanied by a statement of reasons, from the host community's chief executive officer as defined in M.G.L. c. 4, § 7, cl. Fifth B.
(2) The chair or his or her designee shall preside over the public hearing. The applicant shall attend the public hearing, may make a presentation and respond to questions or public comments as directed by the chair or his or her designee. The applicant shall have at least one individual available who, based on actual knowledge, is prepared to respond on behalf of the applicant to such questions or public comments that can reasonably be anticipated relative to the contents of its RFA-2 application, including the scope and quality of the proposed gaming area and amenities, the integration of the proposed gaming establishment into the host and surrounding communities and the extent of required mitigation plans. Representatives of the host community, representatives of the surrounding communities and representatives of the impacted live entertainment venues may attend the public hearing, may make a presentation and respond to questions as directed by the chair or his or her designee. Others may attend the public hearing and may make a presentation in the discretion of the commission. Prior to the hearing the commission will prescribe the manner in which it will receive comments from members of the public, and may take the opportunity during the hearing to read into the record any letters of support, opposition or concern from members of a community in the vicinity of the proposed gaming establishment.
(3) For each application, the commission may in its discretion complete the public hearing in one meeting or continue the public hearing over two or more meetings. If the commission adjourns the public hearing, the commission will provide notice of the continued hearing either:
(a) by announcing before adjourning the date, time and place of the continued public hearing and thereafter posting notice of the continued public hearing on the commission's website; or
(b) by sending and posting notice in the manner prescribed in 205 CMR 118.05(1). At the conclusion of the public hearing the commission will vote to close the public hearing.
(1) Not sooner than 30 days nor later than 90 days after the commission votes to close the public hearing under 205 CMR 118.05(3), the commission shall take action on the application. The commission may:
(a) Grant the application for a gaming license with appropriate conditions in accordance with M.G.L. c. 23K, § 21 and 205 CMR 120.02: Conditions of Licensure;
(b) Deny the application for a gaming license; or
(c) Extend the period for issuing a decision in order to obtain any additional information deemed necessary by the commission for a complete evaluation of the application; provided, however, that the extension shall be no longer than 30 days.
(2) The commission shall issue not more than three Category 1 licenses throughout the commonwealth, and not more than one Category 1 license per region. Within any region, if the commission is not convinced that there is an applicant that has both met the eligibility criteria and provided convincing evidence that the applicant will provide value to the region in which the gaming establishment is proposed to be located and to the commonwealth, no gaming license shall be awarded in that region.
(3) The commission shall issue not more than one Category 2 license. If the commission is not convinced that there is an applicant that has both met the eligibility criteria and provided convincing evidence that the applicant will provide value to the commonwealth, no Category 2 license shall be awarded.
(4) Upon denial of an application, the commission shall prepare and file the commission's decision and, if requested by the applicant, shall further prepare and file a statement of the reasons for the denial, including specific findings of fact, pursuant to M.G.L. c. 23K, § 17(f).
(5) For purposes of205 CMR and M.G.L. c. 23K, notwithstanding any conditions included in accordance with M.G.L. c. 23K, § 21 and/or 205 CMR, the award of a gaming license shall be deemed to have occurred immediately upon a majority vote by the commission to issue a license to an applicant.

205 CMR 118.05