Current through Register 1527, August 2, 2024
Section 136.03 - Issuance of License and Permit(1)Authority. Pursuant to M.G.L. c. 23K, § 26, the commission may grant a gaming beverage license to a gaming licensee for purposes of allowing the sale and distribution of alcoholic beverages within all licensed areas of the gaming establishment as identified and defined in the license subject to 205 CMR 136.00 to be drunk on the premises of the gaming establishment, subject to any restrictions imposed on the license.(2)Hearings and Additional Information. After reviewing a gaming beverage license application submitted pursuant to 205 CMR 136.04(1), an application to amend a licensed area, or an application for a special event beverage permit submitted pursuant to 205 CMR 136.04(3), and prior to taking action on the application the commission or the commission's Division of Licensing may request additional information from the applicant to complete or supplement the application or may request that the applicant modify the application in the interests of the integrity of gaming and/or public health, welfare, or safety.(3)Gaming Beverage License and Licensed Areas. Applications for licensure shall be submitted to the commission's Division of Licensing. Upon receipt of a complete application for a gaming beverage license, a complete application to amend, alter, or add a licensed area, and the fees required by 205 CMR 136.05, the Division of Licensing shall review the application to determine whether it contains all of the elements required in accordance with 205 CMR 136.04. If the Division of Licensing is satisfied that the application meets the requirements of 205 CMR 136.04 and M.G.L. c. 23K, § 26, and that any modifications requested in accordance with 205 CMR 136.03(2) have been satisfactorily addressed, it shall forward the application to the commission with a recommendation that it be approved. If it is not satisfied that the application meets the requirements of 205 CMR 136.04, or that a modification requested in accordance with 205 CMR 136.03(2) has been satisfactorily addressed, it shall engage in the process outlined in 205 CMR 136.03(2) or deny the application and advise the applicant that it may appeal the decision directly to the commission in accordance with 205 CMR 101.01: Hearings Before the Commission.(4) The commission shall review the application at a hearing conducted in accordance with 205 CMR 101.01: Hearings Before the Commission upon receipt from the Division of Licensing and may approve the application, or parts thereof, and issue the gaming beverage license it if meets all of the requirements of 205 CMR 136.00 and M.G.L. c. 23K, § 26, or deny or condition the gaming beverage license, or parts thereof, if it determines that the application does not meet all of the requirements of 205 CMR 136.00 and M.G.L. c. 23K, § 26 or may in some way compromise the integrity of gaming and/or public health, welfare, or safety.Adopted by Mass Register Issue 1289, eff. 6/19/2015.Amended by Mass Register Issue 1363, eff. 4/20/2018.Amended by Mass Register Issue 1369, eff. 7/13/2018.