205 Mass. Reg. 134.01

Current through Register 1523, June 7, 2024

Section 134.01 - Key Gaming Employee Licensees

No individual shall be employed by or perform services for a gaming licensee as a key gaming employee, as defined by M.G.L. c. 23K, § 2, unless the individual has been licensed in accordance with M.G.L. c. 23K, § 30 and 205 CMR 134.00. There shall be two categories of key gaming employee licensees: key gaming employee-executive and key gaming employee-standard.

(1) An individual holding one of the following positions, and any person in a similar or equivalent position, regardless of job title, whose employment relates to gaming shall be designated as a key gaming employee-executive:

(a) Assistant General Manager;

(b) Chief Internal Audit Officer;

(c) Gaming Manager;

(d) Chief Financial Officer;

(e) Chief of Security;

(f) General Manager;

(g) Chief Surveillance Officer;

(h) Chief Compliance Officer;

(i) Principal executive Officer;

(j) Principal operating Officer;

(k) Principal accounting Officer;

(l) Chief Information Officer;

(m) Other executive level employees who are not identified as a key gaming employee standard in accordance with 205 CMR 134.01(2) as determined by the commission.

(2) An individual holding one of the following positions, and any person in a similar or equivalent position, regardless of job title, whose employment relates directly to a gaming establishment shall be designated as a key gaming employee-standard:

(a) Controller;

(b) Electronic gaming device or slot machines manager;

(c) Human resources manager;

(d) Information technology manager;

(e) Pit boss;

(f) Shift supervisor of table games, of a slot department, credit department, security, surveillance, accounting department, cage, or player development;

(g) Credit manager;

(h) Cage manager;

(i) Hotel Manager;

(j) Entertainment Director;

(k) Food & Beverage Manager;

(l) Other managerial employees who are not identified as a key gaming employee-executive in accordance with 205 CMR 134.01(1), but who are empowered to make discretionary decisions which impact gaming establishment operations, or as determined by the commission;

(m) Junket representative not employed by a gaming licensee or affiliate of the gaming licensee or a junket enterprise licensed as a gaming vendor in accordance with 205 CMR 134.00.

(3) Any individual who is a qualifier of a gaming licensee but who does not perform any of the duties of the positions identified in 205 CMR 134.01(1)(a) or (b) does not have to become licensed as a key gaming employee. Such individual does have to be approved as a qualifier and issued a positive determination of suitability in accordance with 205 CMR 111.00: Phase 1 Application Requirements, 205 CMR 115.00: Phase 1 Suitability Determination, Standards and Procedures, and 205 CMR 116.00: Persons Required to Be Licensed or Qualified. An individual who has been issued a positive determination of suitability in accordance with 205 CMR 111.00 and who will be performing the responsibilities requiring licensure as a key gaming employee shall apply for licensure in accordance with 205 CMR 134.08(2) subject to the term limitation of 205 CMR 134.16(4).

(4) A gaming licensee may temporarily allow, subject to approval by the Bureau, individuals who are employed at a gaming property which is owned and/or operated by it, its parent, or an affiliated company to assist with gaming establishment strategy, operation, and/or employee training for up to 60 days without those individuals having to become licensed or registered in accordance with 205 CMR 134.00, provided that the gaming licensee does the following:

(a) Supplies the Bureau a reasonable time in advance of arrival with the name of the individual; the name of the gaming property at which they are employed; their position at the gaming property at which they are employed; a description of the reason for the individual being at the gaming establishment, including the services to be performed, the anticipated duration of their stay, and any other information requested by the Bureau;

(b) Ensures all individuals performing services under 205 CMR 134.01(1) or 134.01(2) carry identification and wear a badge issued by the gaming licensee that is distinguishable from those that are issued to employees of the gaming establishment and that is clearly visible at all times while at the gaming establishment;

(c) If the individual is licensed, certified, or otherwise approved for employment by the jurisdiction which the gaming property in which they are employed is located, an individual licensed as a key gaming employee in accordance with 205 CMR 134.00 shall attest in writing that the individual is in good standing in that jurisdiction; and

(d) Ensures that the individual is accompanied by an individual who is licensed or registered in accordance with 205 CMR 134.00 anytime they are in a restricted area of the gaming establishment.

(5) The Commission, upon recommendation from the Division of Licensing and the Bureau, may extend the period of allowance set forth in 205 CMR 134.01(4) for a period not to exceed six months following consideration of the gaming licensee's written explanation of need, continuing training plan, and expected duration. Consistent with the policy objectives of M.G.L. c. 23K, an extension under 205 CMR 134.01(4) shall not be granted to any individual or for any position for more than one six-month period in an 18-month period.