205 Mass. Reg. 139.04

Current through Register 1523, June 7, 2024

Section 139.04 - Reports and Information to Be Filed with the Commission

The following reports and information shall be filed with the commission, or its designee, in the manner and time provided:

(1) Pursuant to M.G.L. c. 23K, § 21(a)(12), a detailed annual, and at other times as directed by the commission, statistical report on the number, job titles, benefits, race, gender, veteran status, and salaries of employees hired and retained in employment at the gaming establishment.

(2) Pursuant to M.G.L. c. 23K, § 21(a)(23), on a quarterly basis, a detailed statistical report, on the number, gender, race, and veteran status of individuals hired to perform labor as part of the construction of the gaming establishment. For purposes of 205 CMR 139.04(2), the term "construction" shall, unless the context clearly requires otherwise, include all major stages of design and construction; including all permitting and approvals, design deliverables, site preparation, foundation, structure, plumbing, electrical, mechanical, exterior finish and fenestration, long lead items, insulation, interior finish and furnishings and landscaping, building commissioning and commissioning of gaming equipment and information technology systems; and shall further include the initial and subsequent periods in which any structures upon a licensee's gaming establishment are altered, converted, fitted out, commissioned, renovated, repaired, maintained, demolished, decommissioned, or dismantled by through utilization of net gaming revenue in accordance with the capital expenditure plan under 205 CMR 139.09.

(3) Pursuant to M.G.L. c. 23K, § 21(a)(24) and 205 CMR 135.00: Monitoring of Project Construction and Licensee Requirements, a detailed annual, and at other times as directed by the commission, statistical report on the total dollar amounts contracted with and actually paid to minority business enterprises, women business enterprises and veteran business enterprises in:

(a) Design contracts;

(b) Construction contracts (as the term "construction" is defined in accordance with 205 CMR 139.04(2) ); and

(c) Contracts for every good and service procured by the gaming establishment.

The annual statistical report shall also identify the amounts so contracted as a percentage of the total dollar amounts contracted with and actually paid to all firms.

(4) Pursuant to M.G.L. c. 23K, § 23(a) on an annual basis, and at other times as directed by the commission, a report explicitly stating the gaming licensee's progress on meeting each of the stated goals and stipulations put forth in its RFA-2 application, including compliance with any executed impacted live entertainment venue agreements;

(5) Reports prescribed in accordance with 205 CMR 138.05(2) relative to registered and licensed employees;

(6) Daily, monthly, and annual gross gaming revenue remittance and reconciliation reports required in accordance with 205 CMR 140.00: Gross Gaming Revenue Tax Remittance and Reporting. Monthly gross gaming revenue reports shall include statistics relative to the drop/handle, win or loss, and win or loss percentage relative to slot machines played in the gaming establishment for the month. The commission shall make the monthly slot machine payback statistics publicly available on its official website.

(7) Promptly upon discovery, the gaming licensee shall notify the commission's on-site gaming agent and/or member of the Gaming Enforcement Unit assigned to the gaming establishment of any violation, or suspected violation, of M.G.L. c. 23K, 205 CMR, and/or any gaming related law and file any requested written report.

(8) By the tenth day of each month, an underage person report with the IEB containing the information required in accordance with 205 CMR 150.05: Reporting Requirements Related to Minors and Underage Persons.

(9) A gaming licensee shall promptly notify the commission's on-site gaming agent and/or member of the Gaming Enforcement Unit assigned to the gaming establishment, if an individual on the voluntary self-exclusion list established in accordance with 205 CMR 133.00: Voluntary Self-exclusion is found in the gaming area of a gaming establishment or any area in which pari-mutuel or simulcasting wagers are placed.

(10) Any declared event of default related to any debt obligation maintained by the gaming licensee, affiliate, holding company or intermediary company thereof shall be immediately reported to the commission, in writing, along with any plans to address or cure such default.

(11) Quarterly reports of the gaming licensee in accordance with 205 CMR 139.06.

(12) If the gaming licensee elects to establish a capital expenditure plan in accordance with M.G.L. c. 23K, § 21(a)(4) and 205 CMR 139.09, in lieu of making annual improvements to its gaming establishment, such plan shall be submitted to the commission for approval and updates included in the gaming licensee's quarterly report in accordance with 205 CMR 139.06.

(13) Documents and other materials required to be submitted in accordance with the terms of the gaming licensee's gaming license.

(14) A gaming licensee's system of internal controls approved in accordance with 205 CMR 138.02: Licensee's System of Internal Controls, amendments thereto, and any documents or information required to be submitted in accordance with the approved system of internal controls.

(15) Analysis reports which, by each slot machine/electronic gaming device, compare actual payout percentages by month to theoretical payout percentages as established in accordance with 205 CMR 143.01(1). See GLI13, § 3.4.2(d).

(16) A daily meter drop comparison report and export file, in a format prescribed by the commission, submitted after appropriate financial meter or accounting adjustments have been made, which contains the following information relative to each slot machine in use in the gaming establishment: the location of the slot machine, the state identification number, the venue identification number, a field that represents the metered gross gaming revenue figure, and a field that represents the gross gaming revenue that is determined after the drop process. These two GGR fields must represent amounts at the time of the drop. See GLI 13, § 4.4.2.

(17) A daily gaming day summary report, in a format prescribed by the commission, submitted after appropriate financial meter or accounting adjustments have been made, which contains the following information relative to each slot machine in use in the gaming establishment: the location of the slot machine, the state identification number, the venue identification number, total cash wagered, total cash won, total promotional gaming credits played, the gross gaming revenue figure. See GLI 13, § 3.4.2(f).