205 Mass. Reg. 134.11

Current through Register 1523, June 7, 2024

Section 134.11 - Affirmative Registration Standards for the Registration of Employees and Vendors of the Gaming Establishment and Labor Organizations

(1) Upon submission of an administratively complete registration form as a gaming service employee or non-gaming vendor, the Division of Licensing shall issue the registration on behalf of the commission in accordance with 205 CMR 134.09(1). A registration may be denied or subsequently revoked if it is determined that the applicant is disqualified in accordance with 205 CMR 134.11(2) or unsuitable for any criteria identified in 205 CMR 134.11(3).

(2) The Bureau and commission shall deny and/or revoke a registration as a gaming service employee or non-gaming vendor if the person:

(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 134.11(2)(a) which occurred before the ten-year period immediately preceding submission of the registration, the Bureau may, in its discretion, decline to deny or revoke the registration of a person who affirmatively demonstrates rehabilitation in accordance with 205 CMR 134.11(4).

(b) submitted a registration form 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 registrant was not convicted, but form a pattern of misconduct that makes the registrant unsuitable; or

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

(3) In determining whether a registrant is suitable for purposes of being issued a gaming service employee registration or non-gaming vendor registration, or having a registration renewed, the Bureau may evaluate and consider the overall reputation of the registrant including, without limitation:

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

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

(c) whether the registrant has a history of compliance with gaming licensing requirements in other jurisdictions;

(d) whether the registrant, at the time of submission of the registration form, is a defendant in litigation;

(e) whether the registrant is disqualified from receiving a registration under 205 CMR 134.11(2);

(f) whether the registrant has been convicted of a crime of moral turpitude;

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

(h) the extent to which the individual has cooperated with the Bureau in connection with the background investigation; and

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

(4)Rehabilitation. In considering the rehabilitation of an applicant, the following shall be considered:

(a) the nature and duties of the position of the applicant;

(b) the nature and seriousness of the offense or conduct;

(c) the circumstances under which the offense or conduct occurred;

(d) the date of the offense or conduct;

(e) the age of the applicant when the offense or conduct was committed;

(f) whether the offense or conduct was an isolated or repeated incident;

(g) any social conditions which may have contributed to the offense or conduct; and

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

(5) An applicant for a registration shall be 18 years of age or older at the time of application.

(6) The Bureau may deny an application for registration as a non-gaming vendor if it determines that the applicant formed the applicant entity for the sole purpose of circumventing 205 CMR 134.04(1)(b).