License Renewal Process

(1) An Operator may submit a renewal request in accordance with 205 CMR 231.00 on a form approved by the Commission no earlier than 12 months before, and no later than nine months before, the date on which the Operator's Sports Wagering License is scheduled to expire. (2) The Commission may, in its discretion, extend the time for filing a complete renewal request to enable an Operator to cure a deficiency in its request, provided that the renewal request was submitted before the established deadlines, or to provide a reasonable additional time for filing in cases where extraordinary circumstances prevented a timely filing. (3) Administrative Sufficiency Review. (a) The Commission's Division of Licensing will review each renewal request for administrative sufficiency. (b) When determining whether a request is administratively sufficient, the Division of Licensing shall review only the form required by 205 CMR 231.01(1), and only determine whether all information or materials required to be provided in response to each question or request has been submitted. (c) If a request is determined to be insufficient: 1. The Division shall notify the Operator by email. The notification shall specifically identify the deficiencies. 2. The Operator shall have the right to submit supplemental or corrected information to cure the deficiencies within one month. 3. For each deficient request component, the one-month period established in 205 CMR 231.01(3)(c)b. shall begin the day after: a. The last date to submit a renewal request, as established by 205 CMR 231.01(1), if that date has not passed; or b. The date on which the notification sent pursuant to 205 CMR 231.01(3)(c)1. was sent, if the last date to submit a renewal request, as established by 205 CMR 231.01(1), has passed. d. A positive determination of administrative sufficiency shall not constitute a finding with respect to the accuracy of the information submitted, and shall not bar a request for further information by the Commission, the Bureau or their agents and employees with respect to the request. (4) Non-expiration of Licenses While Timely Renewal Request Is Pending. (a) In accordance with M.G.L. c. 30A, § 13, if an Operator has submitted a timely renewal request, the Operator's Sports Wagering License shall not expire until: 1. the request has been finally determined by the Commission; or 2. the operator fails to cure a deficiency within the time permitted by 205 CMR 231.01(3)(c). (b) A renewal request shall be considered timely if it has been submitted within the time permitted, as applicable, by 205 CMR 231.01(1) and (2) or 205 CMR 231.01(3)(c). (5) Before the Commission may consider the renewal request, the Bureau shall conduct an investigation and submit a written report to the Commission. The Bureau's investigation and written report shall address, at a minimum: (a) The topics listed in 205 CMR 215.01(2)(b); (b) The Operator's history of compliance with M.G.L. c. 23N and 205 CMR et seq.; and (c) Any other topic as directed by the Commission. (6) Upon receiving a report from the Bureau in accordance with 205 CMR 231.01(5), the Commission shall, at an open public meeting, either grant or deny the requested renewal. 11/10/23 205 CMR - 701 (Mass. Register #1508, 11/10/2023) 205 CMR: MASSACHUSETTS GAMING COMMISSION 231.01: continued (7) In reviewing the renewal request, the Commission may, at such times and in such order as the Commission deems appropriate, take any of the actions listed in 205 CMR 218.04(1) or 205 CMR 218.05: Public Meetings Regarding Wagering Applications. (8) Evaluating the Renewal Request. (a) If the Operator continues to meet all requirements of M.G.L. c. 23N and the rules and regulations of the Commission, the Commission shall grant the requested renewal. (b) If the Operator has violated any requirements of M.G.L. c. 23N or the rules and regulation of the Commission: 1. The Commission may, in its sole discretion, grant or deny the requested renewal. 2. In deciding whether to grant or deny the requested renewal, the Commission may consider, in addition to any other factor, the seriousness and duration of the Operator's violation or violations; the Operator's mitigation or remediation efforts; and the Operator's overall history of compliance with M.G.L. c. 23N and 205 CMR. (9) If the Commission grants the requested renewal: (a) Within 30 days, the Operator shall pay a nonrefundable license fee of $5,000,000. The payment shall be made in accordance with 205 CMR 221.02: Payment of Fees. (b) The term of the license shall be extended for five years. The determination of the License's new expiration date shall exclude any automatic extension provided for by 205 CMR 231.01(4). (10) Limited Extension to Wind down Sports Wagering Operations. Except as required by other regulations or a lawful order of the Commission: if the Commission denies the requested renewal, the License shall expire no sooner than two weeks after the date on which the Commission denies the renewal, or upon such later date as the Commission determines is necessary to allow wind down of the Operator's operations in the Commonwealth. (11) Fee. The renewal request shall be accompanied by a nonrefundable application fee of $50,000 to defray the costs associated with the processing of the application and investigation of the licensee. Except for the amount of the fee, said fee shall be subject to the provisions of 205 CMR 214.01: Application Fees and 205 CMR 214.02: Application Fees for Investigations. (PAGES 703 THROUGH 716 ARE RESERVED FOR FUTURE USE.) 11/10/23 205 CMR - 702