Mass. Gen. Laws » Part I Title II Chapter 23K
Massachusetts General Laws

Mass. Gen. Laws ch. 23K, § 12 (2026)

Investigation into suitability of applicant for gaming license

✓ current as of July 2026
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Section 12. (a) Upon receipt of an application for a gaming license, the commission shall instruct the bureau to commence an investigation into the suitability of the applicant. In evaluating the suitability of the applicant, the commission shall consider the overall reputation of the applicant including, without limitation:

(1) the integrity, honesty, good character and reputation of the applicant;

(2) the financial stability, integrity and background of the applicant;

(3) the business practices and the business ability of the applicant to establish and maintain a successful gaming establishment;

(4) whether the applicant has a history of compliance with gaming licensing requirements in other jurisdictions;

(5) whether the applicant, at the time of application, is a defendant in litigation involving its business practices;

(6) the suitability of all parties in interest to the gaming license, including affiliates and close associates and the financial resources of the applicant; and

(7) whether the applicant is disqualified from receiving a license under section 16; provided, however, that in considering the rehabilitation of an applicant for a gaming license, the commission shall not automatically disqualify an applicant if the applicant affirmatively demonstrates, by clear and convincing evidence, that the applicant has financial responsibility, character, reputation, integrity and general fitness as such to warrant belief by the commission that the applicant will act honestly, fairly, soundly and efficiently as a gaming licensee.

(b) If the bureau determines during its investigation that an applicant has failed to: (i) establish the applicant's integrity or the integrity of any affiliate, close associate, financial source or any person required to be qualified by the commission; (ii) demonstrate responsible business practices in any jurisdiction; or (iii) overcome any other reason, as determined by the commission, as to why it would be injurious to the interests of the commonwealth in awarding the applicant a gaming license, the bureau shall cease any further review and recommend that the commission deny the application.

(c) If the bureau has determined that an applicant is suitable to receive a gaming license, the bureau shall recommend that the commission commence a review of the applicant's entire application.

Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2012–2024 · leading case: City of Revere v. Massachusetts Gaming Comm'n, 71 N.E.3d 457 (Mass. 2017).
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City of Revere v. Massachusetts Gaming Comm'n, 71 N.E.3d 457 (Mass. 2017). · cites it 3× “Applicants were required first to demonstrate their suitability and eligibility based on criteria described in G. L. c. 23K, §§ 12 and 15. Only those applicants deemed suitable by the commission proceeded to the second phase, in which the commission considered the applicant’s…”
KG Urban Enter., LLC v. Patrick, 693 F.3d 1 (1st Cir. 2012). “See Mass. Gen. Laws ch. 23K, §§ 12(a), 12(c), 13(a), 15-16, 18.”
Caesars Massachusetts Mgmt. Co. v. Crosby, 778 F.3d 327 (1st Cir. 2015). · cites it 2× “” Mass. Gen. Laws ch. 23K, § 12(a). The possibility of mandating or deriving a baseline against which to assess a claim of “treating seemingly similarly situated individuals differently,” Engquist, 553 U.”
Abdow v. Attorney Gen., 468 Mass. 478 (Mass. 2014). · cites it 2× “See G. L. c. 23K, §§ 12, 15; 205 Code Mass. Regs.”
Fbt Everett Realty, LLC v. Massachusetts Gaming Comm'n v. Wynn Ma, LLC (Mass. Super. Ct. 2024). · cites it 2× “Although the IEB is charged with investigating the suitability of each applicant for a gaming license (see G.L. c. 23K, § 12(a), and 205 Code Mass. Regs.”
City of Revere v. Massachusetts Gaming Comm'n, 33 Mass. L. Rptr. 239 (Mass. Super. Ct. 2015). · cites it 3× “G.L.c. 23K, §§12, 17; 205 C.M.R. §119.01.”
City of Boston v. Massachusetts Gaming Comm'n, 33 Mass. L. Rptr. 247 (Mass. Super. Ct. 2015). · cites it 3× “G.L.c. 23K, §12; 205 C.M.R. §110.01. The first phase is known as the “Request for Application Phase 1" (RFA-1), and begins when the Commission receives a Phase I application from each applicant that must make several disclosures.”
Gattineri v. Wynn MA, LLC (Mass. 2023). “G. L. c. 23K, § 12 (a) (1). Applicants seeking gaming vendor licensure can be required to produce records including "a criminal and arrest record; .”
Gattineri v. Wynn MA, LLC (D. Mass. 2022). “Under Mass. Gen. Laws ch. 23K, § 12, the Investigations and Enforcement Bureau of the Commission (“IEB”) was required to conduct a suitability investigation of each applicant for a gaming license, including Encore and Wynn.”
— Mass. Gen. Laws ch. 23K, § 12(a) — 5 cases
KG Urban Enter., LLC v. Patrick, 693 F.3d 1 (1st Cir. 2012). “See Mass. Gen. Laws ch. 23K, §§ 12(a), 12(c), 13(a), 15-16, 18.”
Caesars Massachusetts Mgmt. Co. v. Crosby, 778 F.3d 327 (1st Cir. 2015). “” Mass. Gen. Laws ch. 23K, § 12(a). The possibility of mandating or deriving a baseline against which to assess a claim of “treating seemingly similarly situated individuals differently,” Engquist, 553 U.”
City of Revere v. Massachusetts Gaming Comm'n, 33 Mass. L. Rptr. 239 (Mass. Super. Ct. 2015). “G.L.c. 23K, §§12, 17; 205 C.M.R. §119.01.”
City of Boston v. Massachusetts Gaming Comm'n, 33 Mass. L. Rptr. 247 (Mass. Super. Ct. 2015). “G.L.c. 23K, §12; 205 C.M.R. §110.01. The first phase is known as the “Request for Application Phase 1" (RFA-1), and begins when the Commission receives a Phase I application from each applicant that must make several disclosures.”
Fbt Everett Realty, LLC v. Massachusetts Gaming Comm'n v. Wynn Ma, LLC (Mass. Super. Ct. 2024). “Although the IEB is charged with investigating the suitability of each applicant for a gaming license (see G.L. c. 23K, § 12(a), and 205 Code Mass. Regs.”
— Mass. Gen. Laws ch. 23K, § 12(a)(1) — 1 case
Caesars Massachusetts Mgmt. Co. v. Crosby, 778 F.3d 327 (1st Cir. 2015). “” Mass. Gen. Laws ch. 23K, § 12(a). The possibility of mandating or deriving a baseline against which to assess a claim of “treating seemingly similarly situated individuals differently,” Engquist, 553 U.”
— Mass. Gen. Laws ch. 23K, § 12(c) — 1 case
Fbt Everett Realty, LLC v. Massachusetts Gaming Comm'n v. Wynn Ma, LLC (Mass. Super. Ct. 2024). “Although the IEB is charged with investigating the suitability of each applicant for a gaming license (see G.L. c. 23K, § 12(a), and 205 Code Mass. Regs.”
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