RFA-2 License Determinations

(1) Not sooner than 30 days nor later than 90 days after the commission votes to close the public hearing under 205 CMR 118.05(3), the commission shall take action on the application. The commission may: (a) Grant the application for a gaming license with appropriate conditions in accordance with M.G.L. c. 23K, § 21 and 205 CMR 120.02: Conditions of Licensure; (b) Deny the application for a gaming license; (c) Extend the period for issuing a decision in order to obtain any additional information deemed necessary by the commission for a complete evaluation of the application; provided, however, that the extension shall be no longer than 30 days; or (d) Issue a decision on the application for a gaming license that provides that a license shall be awarded effective as of a date to be determined by the commission. (2) The commission shall issue not more than three Category 1 licenses throughout the commonwealth, and not more than one Category 1 license per region. Within any region, if the commission is not convinced that there is an applicant that has both met the eligibility criteria and provided convincing evidence that the applicant will provide value to the region in which the gaming establishment is proposed to be located and to the commonwealth, no gaming license shall be awarded in that region. (3) The commission shall issue not more than one Category 2 license. If the commission is not convinced that there is an applicant that has both met the eligibility criteria and provided convincing evidence that the applicant will provide value to the commonwealth, no Category 2 license shall be awarded. (4) Upon denial of an application, the commission shall prepare and file the commission's decision and, if requested by the applicant, shall further prepare and file a statement of the reasons for the denial, including specific findings of fact, pursuant to M.G.L. c. 23K, § 17(f). (5) For purposes of 205 CMR and M.G.L. c. 23K, notwithstanding any conditions included in accordance with M.G.L. c. 23K, § 21 and/or 205 CMR, the award of a gaming license shall be deemed to have occurred immediately upon a majority vote by the commission to issue a license to an applicant.