Highlights:
-Establishes a division of gaming enforcement in the Department of the Attorney General whose duty shall be to (Sec. 5):
-Investigate allegations of criminal activity related to the operation of gaming establishments;
-Receive and take appropriate action on referrals for criminal prosecution from the commission;
-Provide assistance, upon request, to the commission in the consideration of rules and regulations;
-Ensure that there is no duplication of duties; and
-Recommend persons to be placed on the list of excluded persons.
-Requires the colonel of state police to establish a gaming enforcement unit whose responsibilities shall include, but not be limited to, the investigation of criminal violations of gaming laws (Sec. 11).
-Specifies that any gaming license awarded by the commission shall be a revocable privilege and may be conditioned, suspended or revoked (Sec. 12).
-Establishes a Massachusetts gaming commission consisting of 5 commissioners appointed by a majority vote of the Governor, Attorney General, and the State Treasurer (Sec. 12).
-Specifies that the commission shall have all powers necessary or convenient to carry out and effectuate its purposes, including, but not limited to, the power to (Sec. 12):
-Appoint officers and hire employees;
- Develop criteria, in addition to those outlined in this chapter, to assess which applications for gaming licenses will provide the highest and best value to the commonwealth;
- Determine which applicants shall be awarded gaming licenses;
-Seize and remove from the premises of any gaming license and impound any equipment, supplies, documents or records for the purpose of examination and inspection; and
- Levy and collect assessments, fees and fines and impose penalties and sanctions for the violations.
-Imposes an annual license fee of $600 for each machine approved by the commission for use by a gaming license at a gaming establishment (Sec. 12).
-Establishes a separate fund to be known as the Massachusetts Gaming Control Fund (Sec. 12).
-Requires all applicants for a gaming license to establish their individual qualification for licensure to the commission by clear and convincing evidence (Sec. 12).
-Requires the commission to deny an application for gaming license if the applicant has been convicted of a felony or other convictions involving embezzlement, theft, fraud, or perjury (Sec. 12).
-Specifies that the commission shall prescribe the form of the application for gaming licenses (Sec. 12).
-Specifies that the issuance of a license is discretionary and applicants have no legal right to a gaming license and are not entitled to any further review if denied (Sec. 12).
-Requires applications for a category 1 license to invest not less than $500 million into the resort casino which shall include the gaming facility, at least 1 hotel, and other amenities as proposed in the application for a category 1 license (Sec. 12).
-Requires a category 1 license to pay the commission a fee of $100 million within 30 days of the final award of the license (Sec. 12).
-Requires applicants for a category 2 or 3 license to invest not less than $75 million into the gaming facility and racecourse, if applicable (Sec. 12).
-Prohibits anyone from being employed by a gaming licensee without having been licensed by or registered with the commission (Sec. 12).
- Specifies that an applicant for a category 1 license may request, alongside with its gaming license application, a resort casino beverage license (Sec. 12).
-Establishes that any person who willfully fails to report, pay, or truthfully account for and pay over any license fee or tax imposed, or willfully attempts in any manner to evade or defeat any such license fee, tax or payment thereof shall be punished by imprisonment in the state prison for not more than 5 years or in a jail or house of correction for not more than 2 1/2 years, or a fine of not more than $100,000 or both (Sec. 12).
-Requires a category 1 license to pay a daily tax of 25 percent on gross gaming revenues (Sec. 12).
-Requires category 2 and 3 licenses to pay a daily tax of 40 percent on gross gaming revenue (Sec. 12).
-Specifies that unclaimed prize money shall be retained by the licensee for the person entitled to it for 1 year; if it is not claimed in that year, it shall be deposited into the gaming revenue fund (Sec. 12).
-The bill number was H 4591 when introduced, H 4619 after House amendments were incorporated, H 4619 after Senate amendments were incorporated (Senate amendments are printed in S 2495), and H 5000 after Conference Committee amendments were incorporated.