Section 16. (a) The commission shall deny an application for a gaming license or a license for a key gaming employee issued under this chapter, if the applicant: (i) has been convicted of a felony or other crime involving embezzlement, theft, fraud or perjury; (ii) submitted an application for a license under this chapter that contains false or misleading information; (iii) committed prior acts which have not been prosecuted or in which the applicant was not convicted but form a pattern of misconduct that makes the applicant unsuitable for a license under this chapter; or (iv) has affiliates or close associates that would not qualify for a license or whose relationship with the applicant may pose an injurious threat to the interests of the commonwealth in awarding a gaming license to the applicant.
(b) The commission shall deny an application for a license or registration, other than a gaming license or a license for a key gaming employee,under this chapter if the applicant: (i) has been convicted of a felony or other crime involving embezzlement, theft, fraud or perjury; provided, however, that for convictions which occurred before the 10–year period immediately preceding application for licensure, an applicant may demonstrate, and the commission shall consider, the applicant's rehabilitation and whether such conviction should not be an automatic disqualification under this section; (ii) submitted an application for a license under this chapter that contains false or misleading information; (iii) committed prior acts which have not been prosecuted or in which the applicant was not convicted but form a pattern of misconduct that makes the applicant unsuitable for a license under this chapter; or (iv) has affiliates or close associates that would not qualify for a license or whose relationship with the applicant may pose an injurious threat to the interests of the commonwealth in awarding a gaming license to the applicant.
Notes of Decisions
Sterling Suffolk Racecourse v. Wynn Resorts, Ltd., 990 F.3d 31 (1st Cir. 2021).
“See Mass. Gen. Laws ch. 23K § 16. And nothing in the RICO Act or subsequent case law carves out an exception to the stringent proximate causation requirements for businesses that are highly motivated or financially reliant on doing business with the direct victim of the RICO…”
United States v. Denunzio, 123 F. Supp. 3d 135 (D. Mass. 2015).
“From the perspective 'of Wynn as a casino applicant, the fact that a convicted felon had a financial interest in the Everett parcel would have a natural tendency to influence Wynn’s decision to execute the option agreement and to continue the $100,000 monthly payments…”
City of Revere v. Massachusetts Gaming Comm'n, 33 Mass. L. Rptr. 239 (Mass. Super. Ct. 2015).
“G.L.c. 23K, §16(a). These same factors apply equally to any entity or individual “with a financial interest in the business of the gaming licensee or applicant for a gaming license or who is a close associate of a gaming licensee.”
City of Boston v. Massachusetts Gaming Comm'n, 33 Mass. L. Rptr. 247 (Mass. Super. Ct. 2015).
“G.L.c. 23K, §16(a). These same factors apply equally to any entity or individual “with a financial interest in the business of the gaming licensee or applicant for a gaming license or who is a close associate of a gaming licensee.”
— Mass. Gen. Laws ch. 23K, § 16(a) — 2 cases
City of Revere v. Massachusetts Gaming Comm'n, 33 Mass. L. Rptr. 239 (Mass. Super. Ct. 2015).
“G.L.c. 23K, §16(a). These same factors apply equally to any entity or individual “with a financial interest in the business of the gaming licensee or applicant for a gaming license or who is a close associate of a gaming licensee.”
City of Boston v. Massachusetts Gaming Comm'n, 33 Mass. L. Rptr. 247 (Mass. Super. Ct. 2015).
“G.L.c. 23K, §16(a). These same factors apply equally to any entity or individual “with a financial interest in the business of the gaming licensee or applicant for a gaming license or who is a close associate of a gaming licensee.”
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