Massachusetts Gaming Law Presentation 8-22-13 Final pdf — File 195396

Summary of Legal Provisions Relating to “Resort Casinos” in Region A Massachusetts Gaming Law and Casinos By: City of Somerville Law Dept. August 22, 2013

Chapter 194 of the Acts of 2011 (the “Gaming Act”) Allows for up to 3 destination resort casinos located in 3 geographically diverse regions. Only one casino per region. Credit: Mass. Gaming Cmsn.

Gaming Commission Members Stephen P. Crosby , Chair (on leave from his position as dean of the McCormack Graduate School of Policy and Global Studies at the University of Massachusetts, Boston); Gayle Cameron (retired New Jersey State Police Lieutenant Colonel); James F. McHugh (retired associated justice of the Massachusetts Appeals Court); Bruce Stebbins (most recently, business development administrator for the City of Springfield); and Enrique Zuniga (most recently, executive director of the Massachusetts Water Pollution Abatement Trust) Credit: Mass. Gaming Cmsn.

Category 1 (Casino) License Criteria Demonstrate how to address compulsive gambling problems, workforce development and community development and host and surrounding community impact and mitigation issues Identify infrastructure costs and commit to a community mitigation plan for those communities • Signed agreement with host community • Signed agreements between the surrounding communities and the applicant with community impact fee for each surrounding community and stipulations of responsibilities between each surrounding community and the applicant, including known impacts from the development and operation of a gaming establishment; • affirmative action program. Gaming Applicants must satisfy statutory criteria, MGL c. 23K, s. 15, including the following:

Casino Gaming License Process Phase 1 Application 3 Applications in Region A Background Investigation of Applicant Estimated completion Sept. 2013 Phase 2 – Site-Specific Application Due 12/31/13 Public Hearing on Application In Host Community Gaming License Award Estimated April 2014

Casino Gaming License Process Purpose of Phase 1 (RFA-1): Evaluate the qualifications and suitability (financial, business, ethical) of applicant. In this region, 3 resort casino applications submitted. Wynn, LLC - Everett Sterling Suffolk Racecourse – E. Boston Crossroads Massachusetts, LLC (Foxwoods) – Milford Commission’s Investigations and Enforcement Bureau (IEB) will make recommendations whether applicants are suitable to proceed. By Sept. 2013: Review of RFA-1 estimated to be completed. Phase 1 Credit: Google, WBUR

Casino Gaming License Process Phase 2 – Application Purpose of Phase 2 (RFA-2) : Application is project-specific focusing on the merits of an applicant's proposed gaming establishment. June 2013: RFA-2 Application released for Resort Casino License. December 31, 2013: Application Deadline April 2014: Estimated license award.

Host Community vs. Surrounding Community Host Surrounding Nature of Community Municipality in which applicant has proposed locating gaming establishment. Municipality in proximity to a host community that the Commission determines experiences or is likely to experience impacts from the development or operation of a gaming establishment Agreement with Applicant Host Agreement required Surrounding Community Agreement; By mutual agreement or Commission- ordered arbitration Local Referendum Yes, to approve Host Agreement. No "If an applicant comes in with a whole bunch of unresolved communities in need of arbitration, we can say that's not very satisfactory," he said. "If they come in with it buttoned up, that's a measure of community support for the project.“ Excerpt quoting Stephen Crosby, Gaming Cmsn. Chair, Milford Daily News, 8/13/13.

Obtaining Surrounding Community Status Method (1): Applicant designates the community in its RFA-2 application as a surrounding community and the community assents in writing, Method (2): Applicant and the community execute a surrounding community agreement that is submitted as part of the applicant’s RFA-2 application, or Method (3): Community petitions the Commission for designation as a surrounding community no later than 10 days after the RFA-2 application is submitted.

Public Hearing and Opportunity for Public Comment on RFA-2 Application Public Hearing held in the Host Community by the Commission. Written Notice sent to city clerk of each surrounding community; Posted on Commission website. At public hearing, applicant shall have a representative to respond to questions/comments. Representatives of surrounding communities may attend the hearing, make a presentation and respond to questions as directed by the chair. Public may attend and make a presentation at the chair’s discretion. Prior to hearing, Commission will set manner in which it will receive public comment.

Technical Assistance and Community Disbursements 1. Voluntary: Funds provided by applicant to a community to study potential impacts and for the negotiation of a host or surrounding community. 2. Involuntary Disbursements: City or town likely to be designated a surrounding community may file a petition with the Commission to require applicant to provide such funding. 3. Regional Planning Assistance: Voluntary for applicant and potential surrounding communities to work with regional planning agency.