205 CMR, § 134.10

Current through Register 1536, December 6, 2024

Section 134.10 - Affirmative License Standards for the Licensing of Employees and Vendors of the Gaming Establishment

(1) An applicant for a key gaming employee license, gaming employee license, gaming vendor license, and a gaming vendor qualifier shall establish its individual qualifications by clear and convincing evidence.

(2) In determining whether an applicant for licensure is suitable for purposes of being issued a key gaming employee license, gaming employee license or gaming vendor license, or for having any of these licenses renewed, the Bureau shall evaluate and consider the overall reputation of the applicant and qualifiers, if any, including, without limitation:

(a) the integrity, honesty, good character and reputation of the applicant and qualifiers;

(b) the financial stability, integrity, and background of the applicant and qualifiers;

(c) whether the applicant and its qualifiers have a history of compliance with gaming licensing requirements in other jurisdictions;

(d) whether the applicant or any qualifier, at the time of application, is a defendant in litigation;

(e) whether the applicant is disqualified from receiving a license under 205 CMR 134.10(3);

(f) whether the applicant or any qualifier has been convicted of a crime of moral turpitude;

(g) whether, and to what extent, the applicant or any qualifier has associated with members of organized crime and other persons of disreputable character;

(h) the extent to which the applicant and qualifiers have cooperated with the Bureau in connection with the background investigation; and

(i) (for vendors) the integrity, honesty, and good character of any subcontractor.

(3) The Bureau and commission shall deny an application for a key gaming employee license, gaming employee license or gaming vendor license, if the applicant:

(a) has been convicted of a felony or other crime involving embezzlement, theft, fraud or perjury; except that for such disqualifying convictions under M.G.L. c. 23K, § 16 and 205 CMR 134.10(3)(a) which occurred before the ten-year period immediately preceding submission of the application for licensure, the Bureau may, in its discretion, approve the issuance of a gaming employee license to an applicant who affirmatively demonstrates rehabilitation in accordance with 205 CMR 134.10(4);

(b) submitted an application for a license under M.G.L. c. 23K, § 30, and 205 CMR 134.00 that willfully, knowingly or intentionally contains false or misleading information;

(c) committed prior acts which have not been prosecuted or in which the applicant was not convicted, but form a pattern of misconduct that makes the applicant unsuitable for a license; or

(d) has affiliates or close associates that would not qualify for a license or whose relationship with the applicant may pose an injurious threat to the interests of the Commonwealth in awarding a gaming license to the applicant.

(4)Rehabilitation.

(a) An applicant for a Key gaming employee license, gaming employee license, gaming vendor license or a gaming vendor qualifier may provide proof of rehabilitation from a criminal conviction as part of the application for licensure.

(b) An applicant for a Key gaming employee license may not appeal a decision made by the Bureau that was based upon a disqualifying prior conviction in accordance with 205 CMR 134.10(3)(a) on the basis that they wish to demonstrate rehabilitation.

(c) In considering the rehabilitation of an applicant the following shall be considered:

1. the nature and duties of the position of the applicant.

2. the nature and seriousness of the offense or conduct;

3. the circumstances under which the offense or conduct occurred

4. the date of the offense or conduct

5. the age of the applicant when the offense or conduct was committed;

6. whether the offense or conduct was an isolated or repeated incident;

7. any social conditions which may have contributed to the offense or conduct; and

8. any evidence of rehabilitation, including recommendations and references of persons supervising the applicant since the offense or conduct was committed.

(d) An applicant for a license or registration shall be at least 18 years of age at the time of application.

(e) Any applicant may appeal a decision made by the Bureau based upon a conviction for a crime of moral turpitude as set forth in 205 CMR 134.10(2)(f). A Key gaming employee license, Gaming employee license, or gaming vendor qualifier license may be issued to an applicant who can affirmatively demonstrate rehabilitation. In considering the rehabilitation of an applicant, the factors outlined in 205 CMR 134.10(4) (d) shall be considered.

(f) An applicant for a license or registration shall be at least 18 years of age at the time of application.