205 Mass. Reg. 134.06

Current through Register 1523, June 7, 2024

Section 134.06 - Junket Enterprises and Junket Representatives

(1)Licensing. No person shall conduct business with a gaming licensee as a junket enterprise or junket representative unless such person has been licensed in accordance with 205 CMR 134.00. A person shall be considered to be conducting business upon commencement of performance of a contract or provision of a service. A gaming licensee acting as a junket enterprise shall not be required to obtain additional licensure pursuant to 205 CMR 134.06.

All junket enterprise and junket representative license applications submitted pursuant to 205 CMR 134.00 shall include proof of the junket enterprise or junket representative's business relationship with a gaming licensee in the manner prescribed by the Division of Licensing.

(2)Complimentary Services Exception. An offer by a gaming licensee to pay for the cost of transportation, food, lodging, and entertainment for a person in an amount to be determined by the actual gaming activities of that person after his or her arrival at the gaming establishment shall be deemed to be an offer of complimentary services or item, as defined in M.G.L. c. 23K, § 2, for the purposes of whether an arrangement involving such an offer is a junket within the meaning of M.G.L. c. 23K, § 2, and 205 CMR 134.06.

(3)Selection of Persons for Participation in Junket.

(a) As used in M.G.L. c. 23K, § 2, selection or approval of a person "for participation in a junket on the basis of the person's ability to satisfy a financial qualification obligation related to the person's ability or willingness to gamble" shall be deemed to occur whenever a person, as an element of the arrangement, is required to:

1. Establish gaming credit with a gaming licensee;

2. Establish a customer deposit with a gaming licensee;

3. Demonstrate to a gaming licensee or agent thereof the availability of a specified amount of cash, cash equivalent, or gaming chips;

4. Gamble to a predetermined level at a gaming establishment; or

5. Comply with any similar obligation.

(b) As used in M.G.L. c. 23K, § 2, selection or approval of a person on a "basis related to the person's propensity to gamble" shall be deemed to occur whenever that person has been selected or approved on the basis of:

1. The previous satisfaction of a financial qualification obligation in accordance with the provisions of 205 CMR 134.06(3);

2. A rating for gambling performance; or

3. An evaluation that the person has a tendency to participate in gambling activities as the result of an inquiry concerning said person's tendency to gamble or some other means of determining that person has a tendency to participate in gambling activities.

(c) Without limitation of 205 CMR 134.06(3)(b), a rebuttable presumption that a person has been selected or approved for participation in an arrangement on a basis related to his or her propensity to gamble shall be created whenever said person is provided with:

1. Complimentary guest room accommodations as part of the arrangement; or

2. Complimentary food, entertainment, or transportation which has a value of $200 or more.

(4)Reporting Requirements.

(a) Pursuant to M.G.L. c. 23K, § 33, each gaming licensee, junket representative, or junket enterprise shall file a report with the Bureau with respect to each list of junket patrons or potential junket patrons purchased directly or indirectly by the gaming licensee, junket representative, or junket enterprise. The report shall be filed no later than seven days after receipt of the list by the purchaser and shall include:

1. The name and address of the person or enterprise selling the list;

2. The purchase price paid for the list, or any other terms of compensation related to the transaction; and

3. The date of purchase of the list.

(b)Monthly Reports. Each gaming licensee shall, on or before the 15^th day of each month, prepare a junket activity report to be kept on file at the gaming establishment, and shall supply to the Bureau the name and license number of each person employed by the gaming licensee who performed the services of a junket representative during the preceding month. The junket activity report shall be made available to the Bureau for inspection upon request and shall contain, at a minimum:

1. The origin of every junket arriving at the premises;

2. The number of participants in the junket, including a listing of the names and addresses of all junket participants;

3. The arrival time and date of the junket;

4. The departure time and date of the junket;

5. The name and license number of all junket representatives and junket enterprises involved in the junket; and

6. The actual amount and type of complimentary services and items provided to each junket participant in accordance with the provisions of 205 CMR 138.13: Complimentary Services or Items and Promotional Gaming Credits.

(5)Marketing Prohibitions on Junket Enterprises and Junket Representatives.

(a) No junket enterprise or junket representative shall authorize or conduct marketing, advertising, and/or promotional communication or activity that specifically targets:

1. Individuals younger than 21 years old;

2. Individuals who have requested not to receive marketing materials from the gaming licensee in accordance with the protocols set pursuant to M.G.L. c. 23K, § 21(a)(18);

3. Individuals who have placed themselves on the voluntary self-exclusion list pursuant to 205 CMR 133.00: Voluntary Self-exclusion; and

4. Individuals who have been placed on the exclusion list pursuant to 205 CMR 152.06: Duty of Gaming Licensee.

(b) The gaming licensee shall provide on a monthly basis an aggregated no marketing list to all licensed junket enterprises and junket representatives. Such no marketing list shall include all individuals falling within the categories referenced in 205 CMR 134.06(5)(a).

(6)Additional Prohibitions on Junket Enterprises and Junket Representatives. No junket enterprise or junket representative may engage in collection efforts, pay for any services provided to a junket participant, receive any fee from a patron for the privilege of participating in a junket or for the performance of any function for which the junket enterprise or junket representative is licensed, or extend credit to a junket participant.