Goodwin Gaming
April 18, 2013

Massachusetts Gaming Commission Discusses Ongoing Applicant Investigations Process

By Rob Coniglio and E. Abim Thomas

On April 11, 2013 the Massachusetts Gaming Commission held its 63rd public meeting.  Highlights from the meeting included:


The Commission discussed the ongoing investigations process.  Investigations are proceeding, although it is unclear whether the Commission will be able to meet its April 30 deadline for the Category 2 applicants.  The documents filed by the applicants should be available to the public soon after applicants have one last opportunity to revise their redactions.  The Commission also discussed the suitability review process.

Regulation on the Timing of Elections

The Commission discussed whether a host community could hold its referendum on a gaming applicant before the Commission has made a decision as to the suitability of the applicant.  Because of the scheduling requirements for elections (requiring that the date of the election be set two months before the election takes place), there is a strong possibility that host communities will be unsure whether the applicants for their communities have been deemed suitable.  While the Commission chose to postpone making a decision on this issue, a policy was proposed that would prohibit a referendum before a suitability determination except if the host community’s governing body it’s in the best interest of the host community.

Draft Regulations

The Commission’s draft regulations are almost set to be filed with the Secretary of the Commonwealth.  The Commission is planning to have a public hearing on the draft regulation on May 3 in order to open them for public comment.  The Commission also discussed the requirement that they file a small business impact statement with the regulations.