Section 135.06 - Determination That Gaming Establishment May Open for Business(1) The commission may not approve a Category 2 gaming establishment to open for business, begin gaming operations or operate a slot machine at a gaming establishment until the commission has: (a) determined that the gaming licensee has complied with the conditions in 205 CMR 135.00(b) had an adequate opportunity to physically inspect the completed gaming establishment and related infrastructure, as well as relevant plans, contracts, or other records, to determine that the completed gaming establishment and related infrastructure comply with: 1.the terms of the license;2.M.G.L. c. 23K, and 205 CMR;3.host and surrounding community agreements pursuant to M.G.L. c. 23K, §§ 15 and 17;4.impacted live entertainment venue agreements pursuant to M.G.L. c. 23K, § 17; and5.certificates of occupancy permits and approvals issued in connection with the gaming establishment.(c) issued an operations certificate for the gaming establishment pursuant to M.G.L. c. 23K, § 25.(2) Pursuant to M.G.L. c. 23K, § 10(c), the commission shall not make a determination that a Category 1 gaming establishment is approved to open for business until the commission has: (a) determined that the gaming licensee has complied with the conditions in 205 CMR 135.00;(b) determined that the gaming licensee has completed the permanent gaming area and other ancillary entertainment services and non-gaming amenities;(c) determined that the gaming licensee has completed all infrastructure improvements on and off site and around the vicinity of the gaming establishment, including projects to account for traffic mitigation required by the gaming license or any other approval obtained by the gaming licensee in connection with the gaming establishment.(d) had an adequate opportunity to physically inspect or have the commission's representative inspect the completed gaming establishment and related infrastructure, as well as relevant plans, contracts, or other records, to determine that the completed gaming establishment and related infrastructure comply with: 1.the terms of the license;2.M.G.L. c. 23K, and 205 CMR;3.host and surrounding community agreements pursuant to M.G.L. c. 23K, §§ 15 and 17;4.impacted live entertainment venue agreements pursuant to M.G.L. c. 23K, § 17; and5.certificates of occupancy permits and approvals issued in connection with the gaming establishment.(e) issued an operations certificate for the gaming establishment pursuant to M.G.L. c. 23K, § 25.(3) Pursuant to M.G.L. c. 23K, § 10(b), a Category 1 gaming licensee who fails to receive approval from the commission to open its gaming establishment for business within one year after the date specified in its approved project schedule pursuant to 205 CMR 135.02(2) or its revised, approved design and project schedule pursuant to 205 CMR 135.02(4) shall be subject to suspension or revocation of its gaming license by the commission and may, if the commission determines that the gaming licensee acted in bad faith in its application, be assessed a fine of $50,000,000 or less.(4) The commission may find that a Category 1 or Category 2 gaming licensee who fails to comply with an approved design or construction project schedule pursuant to 205 CMR 135.02(2) or (4): (a) has breached a condition of licensure pursuant to M.G.L. c. 23K, § 23(b)(iii);(b) is no longer capable of maintaining operations at a gaming establishment pursuant to M.G.L. c. 23K, § 23(b)(v);(c) or is maintaining a business practice that is injurious to the policy objectives of M.G.L. c. 23K pursuant to M.G.L. c. 23K, § 23(b)(vi).(5) The commission may condition, suspend or revoke a gaming license upon making a finding pursuant to 205 CMR 135.05(4), 135.06(3) or (4) or M.G.L. c. 23K, § 23(b).