[ Text of section added by 2011, 194, Sec. 16 effective November 22, 2011.]
Section 2. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:--
"Affiliate'', a person who directly or indirectly controls, or is controlled by, or is under common control with, a specified person.
"Applicant'', a person who has applied for a license to engage in activity regulated under this chapter.
"Application'', a written request for a finding of suitability to receive a license or engage in an activity which is regulated by this chapter.
"Bureau'', the investigations and enforcement bureau in the commission.
"Business'', a corporation, sole proprietorship, partnership, limited liability company or any other organization formed for the purpose of carrying on a commercial enterprise.
"Category 1 license'', a license issued by the commission that permits the licensee to operate a gaming establishment with table games and slot machines.
"Category 2 license'', a license issued by the commission that permits the licensee to operate a gaming establishment with no table games and not more than 1,250 slot machines.
"Capital expenditure'', money spent by a gaming licensee to upgrade or maintain depreciable and tangible long-term physical assets that are capitalized on the gaming licensee's books under generally accepted accounting principles and excluding expenditures or charges for the usual and customary maintenance and repair of any fixed asset.
"Cashless wagering system'', a method of wagering and accounting in which the validity and value of a wagering account, promotional account, wagering instrument or wagering credit, not including a slot machine printed voucher, are determined, monitored and retained for an individual by an electronic system operated and maintained by a gaming licensee which maintains a record of each transaction involving the wagering account, promotional account, wagering instrument or wagering credit, exclusive of the game or gaming device on which wagers are being made, including electronic systems which facilitate electronic transfers of money directly to or from a game or gaming device.
"Chair'', the chair of the commission.
"Cheat'', to alter the selection of criteria which determines the results of a game or the amount or frequency of payment in a game.
"Cheating and swindling device'' or "cheating and swindling game'', (i) a coin, token or slug other than a lawful coin or legal tender of the United States or a coin not of the same denomination as the coin intended to be used by the gaming establishment while playing or using a slot machine in a gaming establishment, except that a "cheating and swindling device'' shall not include a token or similar object which is approved by the commission; (ii) a bogus or counterfeit chip, coin or die; a marked card; a computerized, electronic, electrical, mechanical or magnetic device; a tool, drill, wire, key or other device designed, constructed or programmed specifically for: (A) use in obtaining an advantage in a game; (B) opening, entering or affecting the operation of a gaming device; or (C) removing from a slot machine, other gaming device or drop box any money or other contents; (iii) a tool, drill, wire, coin or token attached to a string or wire, or an electronic or magnetic device to facilitate the alignment of a winning combination; or (iv) a gaming device that has been manufactured, serviced, marked, plugged or tampered with, or placed in a condition or operated in a manner to: (1) deceive, or attempt to deceive, the public; or (2) alter, or attempt to alter, the normal random selection of characteristics, the normal chance of the game or the result of the game at a gaming establishment.
"Close associate'', a person who holds a relevant financial interest in, or is entitled to exercise power in, the business of an applicant or licensee and, by virtue of that interest or power, is able to exercise a significant influence over the management or operation of a gaming establishment or business licensed under this chapter.
"Commission'', the Massachusetts gaming commission established in section 3.
"Commissioner'', a member of the commission.
"Complimentary service or item'', a service or item provided at no cost or at a reduced cost to a patron of a gaming establishment.
"Conservator'', a person appointed by the commission to temporarily manage the operation of a gaming establishment.
"Credit card'', a card, code or other device with which a person may defer payment of debt, incur debt and defer its payment, or purchase property or services and defer payment therefor, but not a card, code or other device used to activate a preexisting agreement between a person and a financial institution to extend credit when the person's account at the financial institution is overdrawn or to maintain a specified minimum balance in the person's account at the financial institution.
"Credit instrument'', a writing which evidences a gaming debt owed to a person who holds a gaming license at the time the debt is created, including any writing taken in consolidation, redemption or payment of a previous credit instrument.
"Division'', the division of gaming enforcement in the office of the attorney general.
"Executive director'', the executive director of the Massachusetts gaming commission.
"Gambling'', the playing of a game by a patron of a gaming establishment.
"Game'', a banking or percentage game played with cards, dice, tiles, dominoes or an electronic, electrical or mechanical device or machine played for money, property, checks, credit or any other representative of value which has been approved by the commission.
"Gaming'', dealing, operating, carrying on, conducting, maintaining or exposing any game for pay.
"Gaming area'', the portion of the premises of a gaming establishment in which or on which gaming is conducted.
"Gaming device'' or "gaming equipment'', an electronic, electrical or mechanical contrivance or machine used in connection with gaming or a game.
"Gaming employee'', an employee of a gaming establishment who: (i) is directly connected to the operation or maintenance of a slot machine or game taking place in a gaming establishment; (ii) provides security in a gaming establishment; (iii) has access to a restricted area of a gaming establishment; (iv) is connected with the operation of a gaming establishment; or (v) is so designated by the commission.
"Gaming establishment'', the premises approved under a gaming license which includes a gaming area and any other nongaming structure related to the gaming area and may include, but shall not be limited to, hotels, restaurants or other amenities.
"Gaming license'', a license issued by the commission that permits the licensee to operate a gaming establishment.
"Gaming licensee'', a person or entity who holds a gaming license under this chapter.
"Gaming position'', a designated seat or standing position where a patron of a gaming establishment can play a game.
"Gaming service employee'', an employee of a gaming establishment who is not classified as a gaming employee or a key gaming employee, but is required to register with the commission.
"Gaming vendor'', a person who offers goods or services to a gaming applicant or gaming licensee on a regular or continuing basis which directly relates to gaming including, but not limited to, gaming equipment and simulcast wagering equipment manufacturers, suppliers and repairers.
"Gaming vendor license'', a license issued by the commission that permits the licensee to act as a vendor to a gaming establishment.
"Governing body'', in a city having a Plan D or Plan E charter the city manager and city council and in any other city the mayor and the city council and in towns the board of selectmen.
"Gross revenue'' or "gross gaming revenue'', the total of all sums actually received by a gaming licensee from gaming operations less the total of all sums paid out as winnings to patrons; provided, however, that the total of all sums paid out as winnings to patrons shall not include the cash equivalent value of any merchandise or thing of value included in a jackpot or payout; and provided further, that "Gross revenue'' shall not include any amount received by a gaming licensee from simulcast wagering or from credit extended or collected by the gaming licensee for purposes other than gaming; provided further, that the issuance to or wagering by patrons of a gaming establishment of any promotional gaming credit shall not be taxable for the purposes of determining gross revenue.
"Holding company'', a corporation, association, firm, partnership, trust or other form of business organization, other than a natural person, which, directly or indirectly, owns, has the power or right to control, or has the power to vote any significant part of the outstanding voting securities of a corporation or any other form of business organization which holds or applies for a gaming license; provided, however, that a "holding company'', in addition to any other reasonable use of the term, shall indirectly have, hold or own any such power, right or security if it does so through an interest in a subsidiary or any successive subsidiaries, notwithstanding how many such subsidiaries may intervene between the holding company and the gaming licensee or applicant.
"Host community'', a municipality in which a gaming establishment is located or in which an applicant has proposed locating a gaming establishment.
"Impacted live entertainment venue'', a not-for-profit or municipally-owned performance venue designed in whole or in part for the presentation of live concerts, comedy or theatrical performances, which the commission determines experiences, or is likely to experience, a negative impact from the development or operation of a gaming establishment.
"Institutional investor'', any of the following entities having a 5 per cent or greater ownership interest in a gaming establishment or gaming licensee: a corporation, bank, insurance company, pension fund or pension fund trust, retirement fund, including funds administered by a public agency, employees' profit-sharing fund or employees' profit-sharing trust, an association engaged, as a substantial part of its business or operation, in purchasing or holding securities, or any trust in respect of which a bank is a trustee or co-trustee, investment company registered under the federal Investment Company Act of 1940, collective investment trust organized by banks under part 9 of the Rules of the Comptroller of Currency, closed end investment trust, chartered or licensed life insurance company or property and casualty insurance company, investment advisor registered under the federal Investment Advisers Act of 1940, and such other persons as the commission may reasonably determine to qualify as an institutional investor for with the purposes of this chapter.
"Intermediary company'', a corporation, association, firm, partnership, trust or other form of business organization, other than a natural person, which is a holding company with respect to a corporation or other form of business organization which holds or applies for a gaming license, and is a subsidiary with respect to a holding company.
"Junket'', an arrangement intended to induce a person to come to a gaming establishment to gamble, where the person is selected or approved for participation on the basis of the person's ability to satisfy a financial qualification obligation related to the person's ability or willingness to gamble or on any other basis related to the person's propensity to gamble and pursuant to which and as consideration for which, any of the cost of transportation, food, lodging, and entertainment for the person is directly or indirectly paid by a gaming licensee or an affiliate of the gaming licensee.
"Junket enterprise'', a person, other than a gaming licensee or an applicant for a gaming license, who employs or otherwise engages the services of a junket representative in connection with a junket to a licensed gaming establishment, regardless of whether or not those activities occur within the commonwealth.
"Junket representative'', a person who negotiates the terms of, or engages in the referral, procurement or selection of persons who may participate in, a junket to a gaming establishment, regardless of whether or not those activities occur within the commonwealth.
"Key gaming employee'', an employee of a gaming establishment who is: (i) in a supervisory capacity; (ii) empowered to make discretionary decisions which regulate gaming establishment operations; or (iii) so designated by the commission.
"License'', a license required under this chapter.
"List of excluded persons'', the list of excluded persons maintained by the commission under section 45.
"Lottery'', the state lottery established in section 24 of chapter 10.
"Major policymaking position'', the executive or administrative head of the commission and any person whose salary equals or exceeds that of a state employee classified in step 1 of job group XXV of the general salary schedule in section 46 of chapter 30 and who reports directly to the commission or the administrative head of any bureau or other major administrative unit within the commission and persons exercising similar authority.
"Non-gaming vendor'', a supplier or vendor including, but not limited to, a construction company, vending machine provider, linen supplier, garbage handler, maintenance company, limousine service company, food purveyor or supplier of alcoholic beverages, which provides goods or services to a gaming establishment or gaming licensee, but which is not directly related to games.
"Operation certificate'', a certificate of compliance issued by the commission to the operator of a gaming establishment.
"Person'', an individual, corporation, association, operation, firm, partnership, trust or other form of business association.
"Promotional gaming credit'', a slot machine or table game credit or other item issued by a gaming licensee to a patron to enable the placement of a wager at a slot machine or table game.
"Qualification'' or "qualified'', the process of licensure set forth by the commission to determine that all persons who have a professional interest in a gaming license, or gaming vendor license, or the business of a gaming licensee or gaming vendor, meet the same standards of suitability to operate or conduct business with a gaming establishment.
"Rewards card'', a card issued to a patron of a gaming establishment that tracks the amount of money or time spent gaming in order to determine the value of provisions or complimentary services to the patrons at a gaming establishment.
"Slot machine'', a mechanical, electrical or other device, contrivance or machine which, upon insertion of a coin, token or similar object therein, or upon payment of any consideration whatsoever, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, may deliver or entitle the individual playing or operating the machine to receive cash, or tokens to be exchanged for cash, or to receive merchandise or any other thing of value, whether the payoff is made automatically from the machine or in any other manner, except that the cash equivalent value of any merchandise or other thing of value shall not be included in determining the payout percentage of a slot machine.
"State police'', the department of state police established in chapter 22C.
"Subsidiary'', a corporation, a significant part of whose outstanding equity securities are owned, subject to a power or right of control, or held with power to vote, by a holding company or an intermediary company, or a significant interest in a firm, association, partnership, trust or other form of business organization, other than a natural person, which is owned, subject to a power or right of control, or held with power to vote, by a holding company or an intermediary company.
"Surrounding communities'', municipalities in proximity to a host community which the commission determines experience or are likely to experience impacts from the development or operation of a gaming establishment, including municipalities from which the transportation infrastructure provides ready access to an existing or proposed gaming establishment.
"Table game'', a game, other than a slot machine, which is authorized by the commission to be played in a gaming establishment.
"Transfer'', the sale or other method, either directly or indirectly, of disposing of or parting with property or an interest therein, or the possession thereof, or of fixing a lien upon property or upon an interest therein, absolutely or conditionally, voluntarily or involuntarily, by or without judicial proceedings, as a conveyance, sale, payment, pledge, mortgage, lien, encumbrance, gift, security or otherwise; provided, however, that the retention of a security interest in property delivered to a corporation shall be deemed a transfer suffered by such corporation.
"Wager'', a sum of money or representative of value that is risked on an occurrence for which the outcome is uncertain.