Section 147.04 - Petition for a New Game or Game Variation(1) A petitioner may petition the Bureau for approval of a new game or game variation.(2) A proposed new game or game variation may be a variation of an authorized game, a composite of authorized games, or a new game.(3) A petition for a proposed new game or game variation shall be in writing, signed by the petitioner(s), and shall include, at a minimum, the following information: (a) The name(s) and address(es) of petitioner(s);(b) The name of the game, which must be different than the name of a game previously approved by the Commission;(c) Whether the game is a variation of an authorized game, a composite of authorized games, or a new game;(d) The name of the gaming licensee serving as a sponsor of the new game or game variation petition;(e) A complete and detailed description of the game for which approval is sought, including: 1. A summary of the game, including the objectives of the game, the method of play, and the wagers offered;2. A draft of the proposed rules of the game including a description of the equipment used to play the game and specific examples and dealing procedures;3. Specific procedures to remedy all misdeals and malfunctions of any gaming equipment utilized;4. The true odds, the payout odds, and the house advantage for each wager;5. Sample(s) of new or modified gaming accessories or apparatuses associated with the game;6. A sketch or picture of the game layout, if any;7. Sketches or pictures of the equipment used to play the game; and8. The report of the Commission-certified independent testing laboratory issued pursuant to 205 CMR 147.04(4).(f) Whether the game, its name, or any of the equipment used to play it is covered by any copyrights, trademarks or patents, either issued or pending;(g) A request for a test or experiment of the game in accordance with 205 CMR 147.04(5);(h) Any other information or material requested by the Bureau.(4)Independent Certified Testing. In addition to filing a request with the Bureau, the petitioner shall, at its expense, submit copies of the items listed in 205 CMR 147.04(3)(e)1. through 7. for review to an independent testing laboratory certified by the Commission pursuant to 205 CMR 144.06 to conduct a mathematical analysis of the game pursuant to 205 CMR 147.04(3)(e).(5)Field Trials. (a) Petitioners shall submit the following in connection with any proposed test of the game in accordance with 205 CMR 147.04(3)(g): 1. The name of the gaming establishment where the test of the proposed new game or wager will take place;2. The dates and times when the test will take place, and the gaming tables or other gaming equipment that will be involved;3. The proposed signage to be posted at or within the direct vicinity of the table where the test is to be conducted;4. The criteria proposed for use in determining the success of the test, and the methods proposed for documenting it, including any necessary forms; and5. Any other materials or information requested by the Bureau.(b) A test of the new game or wager shall take place at such times and places and under such conditions as the Bureau may require. The rules of the game and the test may be modified at any time during the test period if the Bureau deems it necessary to do so.(6)Comment Period. There shall be a public comment period during which comments on proposed new games or game variations may be submitted to the Bureau for review. This comment period shall begin on the first day of the new game or game variation field trial and shall conclude on the final day of the new game or game variation field trial.(7)Review. In reviewing a petition for a new game or game variation, the Bureau may consider rules and method of play; true and payout odds; wagers offered; layout; equipment used to play the game; personnel requirements; game security and integrity; similarity to other authorized games or other games of chance; other variations or composites of the game previously approved as authorized games; results of the field trials conducted pursuant to 205 CMR 147.04(5), as well as any other relevant factors. The Commission shall have the discretion to approve or deny with reasonable cause the gaming licensee's petition for a new game or game variation following a recommendation from the Bureau.Adopted by Mass Register Issue 1340, eff. 6/2/2017.Amended by Mass Register Issue 1367, eff. 6/15/2018.Amended by Mass Register Issue 1469, eff. 5/13/2022.