SECTION 1. Section 2 of Chapter 23K of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the definition of “Category 2 license” and inserting in place thereof the following:-

“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, except as may otherwise be determined by the Commission pursuant to the provisions of this Chapter.

SECTION 2. Section 11 of Chapter 23K of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting at the end thereof the following:-

“(d) The Commission may consider allowing a Category 2 licensee to host up to 30 table games and an additional 250 slot machines. In making such consideration, the Commission shall take into account the employment and revenue benefits to the Commonwealth, community, and surrounding communities of the category 2 licensee. For the Commission to entertain any such consideration the following requirements shall be met:

(1) A request by the licensee for such consideration; and

(2) The authorization of said request by the Mayor and City Council or Board of Selectmen and Town Meeting of the category 2 licensee host community.

(e) Upon requests for consideration pursuant to subsection (d), the Commission may authorize, in its absolute and sole discretion, the category 2 licensee to host no more than 30 table games and/or no more than an additional 250 slot machines if, after 2 public hearings, one of which shall take place in the category 2 host community, the Commission has found and determined that:

(1) the licensee request meets the applicable requirements of Section 9 of this Chapter; and

(2) that the Commission’s authorization is in the Commonwealth’s best interests.”              

SECTION 3. Any authorization made by the Commission as a result of the provisions of this Act shall in no way constitute licensure and shall terminate if the Category 2 licensee is not renewed subject to the provisions of section 20 (f) of said Chapter 23K, is terminated, surrendered or suspended.