SECTION 1: Notwithstanding the provision of any General or Special Law to the contrary, Chapter 23K of the General Laws as appearing in the 2020 Official Edition is hereby amended as follows:-

In section 2 by striking the definition of “Category 2 license” and replacing with the following new definition:

“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 subject to the provisions of this Chapter.

In section 11 by adding the following new subsection:

(d) 1. The Commission may and shall be empowered to consider the benefit to the Commonwealth, community and surrounding communities of allowing the Category 2 licensee to host up to 30 table games and an additional 250 slot machines.  Prior to the entertainment of any such consideration the Commission shall require that:

i. The licensee has requested such consideration.

ii. The Mayor and City Council or Board of Selectmen and Town Meeting of the category 2 licensee host community have approved and certified approval of such consideration.

(d) 2. Upon such requests for consideration, the Commission may authorize, in its absolute and sole discretion, the category 2 licensee to host from 1-30 table games and/or an additional 1-250 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:

i. the licensee request meets the applicable requirements of Section 9 of this Chapter and

ii. that the Commission’s authorization is in the Commonwealth’s best interests.

SECTION 2: Any authorization made by the Commission as a result of the provisions of this Chapter 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.