205 CMR, § 16.09

Current through Register 1531, September 27, 2024
Section 16.09 - Conditions
(1) All site approvals shall be issued subject to the following conditions:
(a) That the licensee comply with all terms and conditions of the site approval;
(b) That the licensee comply with M.G.L. c. 128A, M.G.L. c. 128C, and all rules and regulations of the Commission;
(c) That the licensee consents to the Commission or its representative physically inspecting the progress of construction or development, subject to reasonable construction site safety rules, to determine the licensee's compliance with the terms and conditions of the site approval, M.G.L. c. 128A, M.G.L. c. 128C, or 205 CMR;
(d) That the licensee shall grant access to, at any time, plans, specifications, submittals, contracts, financing documents or other records concerning the construction of the project or related infrastructure. The licensee shall provide the requested materials to the Commission or its representative within ten days of the Commission's request for such documents;
(e) That the licensee shall not conduct simulcast wagering at the proposed simulcasting facility without an operation certificate, which shall not issue until the licensee has demonstrated to the Commission that it has complied with all requirements of M.G.L. c. 128A, M.G.L. c. 128C, 205 CMR, and all applicable laws. Such compliance includes, but is not limited to:
(i) The simulcasting facility has been built and is of a superior quality and complies with any applicable conditions of site approval;
(ii) A copy of an emergency response plan that includes, but is not limited to, the elements listed in 205 CMR 151.01(3)(g) and which is filed with the Commission and with fire department and police department of the Host Community; or an update to such plan already filed pursuant to 205 CMR 151.01: Issuance and Posting of Operation Certificate or 205 CMR 251.01(3)(d);
(iii) A copy of the certificate of occupancy issued by a building commissioner or inspector of buildings of the host community in accordance with 780 CMR 111.00: Certificate of Occupancy that includes an approval under 521 CMR: Architectural Access Board, indicating the necessary use and occupancy to operate the simulcasting facility; as well as copies of any other permits required to be issued by the host community prior to the opening of a like facility;
(iv) Compliance with any other condition imposed by the Commission to secure the objectives of M.G.L. c. 23N and 205 CMR.
(2) The Commission may impose any other conditions on particular site approvals that it determines are appropriate to secure the objectives of M.G.L. c. 128A, M.G.L. c. 128C and 205 CMR.

205 CMR, § 16.09

Adopted by Mass Register Issue 1524, eff. 6/21/2024.