Current through Register 1527, August 2, 2024
Section 136.04 - Gaming Beverage License Application(1)Gaming Beverage License Application. A gaming licensee may apply to the commission for a gaming beverage license or renewal of a gaming beverage license by filing with the commission an application form prescribed by the commission, which application form must contain at least the following information: (a) The gaming licensee name and contact information;(b) Proof of insurance in accordance with 205 CMR 136.07(1);(c) A licensed area application form as specified in 205 CMR 136.04(2) for each area of the gaming establishment in which the gaming licensee seeks to sell or distribute alcoholic beverages; and(d) a description of the parts of the premises of the gaming establishment in which the consumption of alcoholic beverages will not be allowed for purposes of ensuring the integrity of gaming, the public health, welfare, or safety, or other reason.(2)Licensed Area Application. A gaming licensee shall file, as part of its application for a gaming beverage license, as part of a renewal of a gaming beverage license, or as an independent application to amend a licensed area of a gaming beverage license, a licensed area application on a form prescribed by the commission, which application form must contain at least the following information:(a) A floor plan showing the location of the area within the gaming establishment which the applicant seeks to establish as a licensed area and a diagram of that specific area;(b) A description of the licensed area including the proposed capacity and number and location of alcoholic beverage dispensing areas, and placement of exits including whether the area is closed or open space, and whether bottle service will be offered in the licensed area;(c) A description of the manner in which alcoholic beverages will be stored and secured during times that the licensed area is not open. If storage will be outside of the licensed area, a depiction of the storage area shall be provided on the map referenced in 205 CMR 136.04(2)(a).(d) A description of the business concept and the hours of operation for the business;(e) The identity of the manager(s) or other principal representative(s) for the licensed area including their employee license or registration number issued in accordance with 205 CMR 134.00: Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations;(f) The identity of the jointly responsible person, if any, for the licensed area including the contact information and vendor license or registration number issued in accordance with 205 CMR 134.00: Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations;(g) If a jointly responsible person will be operating a licensed area, evidence satisfactory to the commission that the gaming beverage licensee maintains at all times during the life of the license the legal authority to monitor the jointly responsible person's compliance with and ability to remove a jointly responsible person from the gaming establishment for a violation of 205 CMR 136.00; and(h) At the election of the gaming licensee, a request to serve alcoholic beverages (for the gaming area) between the hours of 2:00 A.M. through 4:00 A.M. The request shall be accompanied by a copy of the applicable provisions of the submission required in accordance with 205 CMR 138.12: Alcoholic Beverage Control, and any other information requested by the Division of Licensing.(3)Special Event Beverage Permit. A gaming beverage licensee seeking to serve alcoholic beverages on the premises of a gaming establishment in a location that is not a licensed area may submit a special event beverage permit application to the Division of Licensing for the sale of wines and malt beverages only, or either of them, or for all alcoholic beverages, on a form prescribed by the commission in order to request approval to do so for a temporary duration. The Division of Licensing may approve the application and issue the special event beverage permit if it determines that the application contains all of the required information and issuance would not compromise the integrity of gaming, or the public health, welfare, or safety. The application should be submitted at least ten calendar days prior to the proposed event. The application form shall contain, at a minimum, the following information: (a) Name and description of the event;(b) A description and mapped location of the event;(c) Date, time, and duration of the event;(d) A copy of the advertisement, program and promotional material for the event;(e) Number of persons anticipated to attend the event;(f) Admission price to the event;(g) Type of alcoholic beverages to be served; (h) Security and staffing arrangements;(i) The identity of the jointly responsible person, if any, for the special event area including the contact information and vendor license or registration number issued in accordance with 205 CMR 134.00: Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations;(j) The identity of the managers or other principal representatives for the special event area including their employee license or registration number issued in accordance with 205 CMR 134.00: Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations; and(k) A copy of the written agreement, if any, between an entity for which the special event beverage permit was applied and the gaming beverage licensee.Adopted by Mass Register Issue 1289, eff. 6/19/2015.Amended by Mass Register Issue 1363, eff. 4/20/2018.