Amendment ID: S2844-58

Amendment 58

License Consideration for Local Professional Sports Organizations

Messrs. Feeney, O'Connor, Tarr, Timilty and Brady move that the proposed new text be amended in Section 8, by striking out, in lines 268 to 306, inclusive, subsections (2)(A) and (2)(B) and inserting in place thereof the following subsections:-

"(2)(A) The commission may issue not more than 10 category 2 licenses based on the applications and competitive bids submitted to the commission; provided, however, that at least 1 category 2 license shall be made available in each region established in subsection (a) of 270 section 19 of chapter 23K. If the commission is not convinced that there is an applicant that has both met the eligibility criteria and provided convincing evidence that the applicant will provide value to the commonwealth and promote responsible sports wagering, a category 2 license shall not be awarded. In selecting the locations of the category 2 licensed facilities, the commission shall take into consideration the physical distance of the category 2 licensed facilities as they relate to each other and to category 1 license facilities and how they maximize benefits to the commonwealth. A person that directly or indirectly owns or operates a professional sports franchise or a venue in the Commonwealth that holds professional sport or athletic events is eligible to apply for a category 2 license, in conjunction with a designated operator, whether or not such operator holds one or more other category 1 or category 2 licenses, notwithstanding the provisions of section 5(i) of this chapter.

(B) The commission shall establish a competitive application process for the issuance of category 2 licenses. As a part of the application process, the commission shall require applicants to submit a proposal. Each proposal shall be scored on the following factors: (i) economic development, which shall include, but not be limited to: (A) capital investments, or commitments for capital investments, made prior to or after the receipt of the license, which may include new construction or improvements to existing infrastructure for the operation of sports wagering in person at a facility and ancillary activities; (B) an estimate of the applicant’s projected taxable revenues from ancillary activities at the facility; (C) an estimate of the number of long-term employees to be hired to support the operation of sports wagering and ancillary activities at the facility and an estimate of the projected wages of such employees; (ii) specific efforts demonstrating a commitment to responsible sports wagering and the mitigation of negative economic and public health outcomes for consumers, including, but not limited to, self-exclusion functionality, bet limits, wellness checks, financial health checks and cooling-off periods; (iii) the promotion of diversity, equity and inclusion, which shall include, but not be limited to, the inclusion of an affirmative action program of equal opportunity and an affirmative marketing program that are consistent with the requirements for gaming licensees under clauses (20) to (22), inclusive, of section 21 of chapter 23K; (iv) community support for the proposed in person sports wagering facility demonstrated in a manner established by the commission; (v) participation and support of an owner or operator of a professional sports franchise or venue in the commonwealth, whose investment over time has established and enhanced the popularity of the sports that are subject to sports wagering; and (vi) any other factor the commission determines is necessary to maximize the benefits to the  commonwealth or to promote responsible sports wagering. In evaluating proposals, the commission shall give preference to applications by owners or operators of professional sports franchises or venues, or by applicants designated by owners or operators of professional sports franchises or venues, recognizing that the investments by such owners and operators over time has established and enhanced the popularity of the sports that are subject to sports wagering. The commission shall set requirements concerning the size, furnishings and equipment of an in person sports wagering facility and the minimum capital investment made or to be made in a sports wagering facility that is necessary to ensure strong economic development; provided, however, that all sports wagering at a sports wagering facility shall be done in person and not through an automated kiosk or other computer terminal that is owned or operated by the operator unless the automated kiosk or computer terminal is in the gaming area of a category 1 licensee or located in a portion of a sports wagering facility limited to persons 21 years of age or older; provided further, that the automated kiosk shall collect the same customer data that is required to be collected through a mobile application or other digital platform under this chapter."