Conditions of Licensure

(1) In addition to any conditions imposed in accordance with 205 CMR 119.00: Phase 2 Application, all Category 1 and Category 2 gaming licenses shall be issued subject to the following conditions unless documentation demonstrating that a particular requirement has been satisfied has been provided as part of the RFA-2 process: (a) There shall be a determination by the secretary of EOEEA that: 1. No EIR is required; or 2. A single, final or supplemental EIR is adequate. Following the determination that the EIR is adequate pursuant to M.G.L. c. 30, §§ 61 through 62H, and 301 CMR 11.00: MEPA Regulations, and after 60 days have elapsed following publication of notice of the availability of the single, final, or supplemental EIR in the Environmental Monitor in accordance with 301 CMR 11.12(4)(a) and 11.15(2), the Commission shall reconsider the conditional license and shall either affirm, limit, condition, restrict, revoke, suspend or modify the conditional license in the discretion of the commission. (b) The commission shall issue findings in accordance with M.G.L. c. 30, § 61 and 301 CMR 11.12: Agency Responsibilities and Section 61 Findings. Notwithstanding any provision in 205 CMR 120.00 to the contrary, the commission may impose any condition necessary to comply with M.G.L. c. 30, §§ 61 throough 62H in its findings pursuant to M.G.L. c. 30, § 61 and 301 CMR 11.12(5). (c) The applicant shall submit to the commission documentation demonstrating that it has obtained all federal, state, and local permits or approvals necessary for the construction and operation of the proposed Category 1 or Category 2 gaming establishment (except those required from the commission), and that either: 1. the conditions imposed by those permits or approvals will not cause significant and material adverse impacts on a host or surrounding community, or impacted live entertainment venue, that have not been addressed in a host or surrounding community agreement or impacted live entertainment venue agreement; or 2. any conditions of federal, state, or local permits or approvals expected to cause significant and material adverse impacts on a host or surrounding community or impacted live entertainment venue that have not been addressed in a host or surrounding community agreement or impacted live entertainment venue agreement have been adequately addressed pursuant to 205 CMR 127.00: Reopening Mitigation Agreements. (2) In the event the commission finds that the applicant cannot satisfy, the conditions in 205 CMR 120.02(1), the commission may, pursuant to M.G.L. c. 23K, § 4(15), deny, limit, condition, restrict, revoke or suspend the conditional or final Category 1 or Category 2 license. In the event that the commission revokes the conditional license or denies or revokes the final license, the commission will reopen the RFA-2 process in accordance with 205 CMR 118.00: Phase 2 Administrative Proceedings.