Section 234.05 - Affirmative License Standards for Sports Wagering Vendors(1) An Applicant for a Sports Wagering Vendor License and any Sports Wagering Vendor qualifier shall establish individual qualifications by clear and convincing evidence.(2) In determining whether an Applicant for licensure is suitable for purposes of being issued a Sports Wagering Vendor License, being qualified as a Sports Wagering Vendor qualifier or for having a Sports Wagering Vendor License or qualification renewed, the Bureau shall evaluate and consider the overall reputation of the Applicant and qualifiers, if any, including, without limitation:(a) the integrity, honesty, good character and reputation of the Applicant and qualifiers;(b) the financial stability, integrity, and background of the Applicant and qualifiers;(c) whether the Applicant and its qualifiers have a history of compliance with gaming and Sports Wagering licensing requirements in other jurisdictions;(d) whether the Applicant or any qualifier, at the time of application, is a defendant in litigation;(e) whether the Applicant is disqualified from receiving a license under 205 CMR 234.05(3);(f) whether the Applicant or any qualifier has been convicted of a crime of moral turpitude;(g) whether, and to what extent, the Applicant or any qualifier has associated with members of organized crime and other Persons of disreputable character;(h) the extent to which the Applicant and qualifiers have cooperated with the Bureau in connection with the background investigation; and(I) the integrity, honesty, and good character of any subcontractor.(3) The Bureau and Commission shall deny an application for a Sports Wagering Vendor License if the Applicant or a qualifier:(a) has been convicted of a felony or other crime involving embezzlement, theft, fraud or perjury; except that for such disqualifying convictions which occurred before the ten-year period immediately preceding submission of the application for licensure, the Bureau may, in its discretion, approve the issuance of a Sports Wagering Vendor License to an Applicant who affirmatively demonstrates rehabilitation in accordance with 205 CMR 234.05(4);(b) submitted an application for a license under M.G.L. c. 23K, §§ 30, 31, 205 CMR 134.00: Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations, M.G.L. c. 23N or 205 CMR 234.00 that willfully, knowingly or intentionally contains materially false or misleading information;(c) committed prior acts which have not been prosecuted or in which the Applicant was not convicted, but which form a pattern of misconduct that makes the Applicant unsuitable for a license; or(d) has Affiliates or Close Associates that would not qualify for a license or whose relationship with the Applicant may pose an injurious threat to the interests of the Commonwealth. (4)Rehabilitation. (a) An Applicant may provide proof of rehabilitation from a criminal conviction as part of the application for licensure.(b) In considering the rehabilitation of an Applicant the following shall be considered: 1. the nature and duties of the position of the Applicant;2. the nature and seriousness of the offense or conduct;3. the circumstances under which the offense or conduct occurred;4. the date of the offense or conduct;5. the age of the Applicant when the offense or conduct was committed;6. whether the offense or conduct was an isolated or repeated incident;7. any social conditions which may have contributed to the offense or conduct; and8. any evidence of rehabilitation, including recommendations and references of persons supervising the Applicant since the offense or conduct was committed.(c) A Sports Wagering Vendor License qualifier shall be 18 years of age or older at the time of application.Adopted by Mass Register Issue 1482, eff. 10/21/2022 (EMERGENCY).Amended by Mass Register Issue 1485, eff. 10/21/2022 (COMPLIANCE).Amended by Mass Register Issue 1496, eff. 3/3/2023 (COMPLIANCE).