Sports wagering application fees

205 CMR: MASSACHUSETTS GAMING COMMISSION

205 CMR 214:00: SPORTS WAGERING APPLICATION FEES

214.01: Application Fees 214.02: Additional Fees for Investigations

214.01: Application Fees

(1) Pursuant to M.G.L. c. 23N, § 7(a), each Applicant for a Sports Wagering Operator License shall pay to the Commission a nonrefundable application fee of $200,000 to defray the costs associated with the processing of the application and investigation of the Applicant; provided, however, that if the costs of the investigation exceed the initial application fee, the Applicant shall pay the additional amount to the Commission within 30 days after notification of insufficient fees or the application shall be rejected.

(2) The Applicant shall pay the initial non-refundable application fee of $200,000 by certified check or secure electronic funds transfer made payable to the "Massachusetts Gaming Commission." The Applicant shall submit this initial non-refundable application fee with or before its initial application.

(3) All required application fees and community disbursements pursuant to .00 shall be non-refundable, due and payable notwithstanding the withdrawal or abandonment of any application.

(4) In connection with an application for a Sports Wagering Operator License, the Applicant and its Affiliates shall be jointly and severally liable for any amounts chargeable to the Applicant pursuant to .00.

(5) All fees in this section .00 shall be deposited into the Sports Wagering Control Fund established in M.G.L. c. 23N, § 15.

214.02: Additional Fees for Investigations

(1) Pursuant to .00, the Applicant shall be responsible for paying to the Commission all costs incurred by the Commission, directly or indirectly, for conducting any investigation into an Applicant. As required by the procedure established pursuant to 205 CMR 114.04(5), the Applicant shall pay to or reimburse the Commission for all such investigation costs that exceed the initial application fee.

(2) For purposes of .00, the costs for conducting any investigation into an Applicant shall include, without limitation: (a) All costs for conducting an investigation into an Applicant and its qualifiers, the Applicant's Affiliates and Close Associates, and any other person subject to the jurisdiction of the Commission under M.G.L. c. 23N relating to the application in question; and (b) All fees for services, disbursements, out of pocket costs, allocated overhead, processing charges, administrative expenses, professional fees, and other costs directly or indirectly incurred by the Commission, including without limitation all such amounts incurred by the Commission to and through the Bureau, the Division, the Gaming Enforcement Unit, the Gaming Liquor Enforcement Unit, and any contract investigator.

(3) The Commission in its discretion shall establish, and, post on its website, a schedule of hourly fees, wages, applicable fringe benefits, payroll taxes, overhead rates and other charges to be assessed by the Commission to Applicants for in-house personnel, services and work of the Commission, the Bureau, the Division, the Gaming Enforcement Unit, and the Gaming Liquor Enforcement Unit for conducting investigations into an Applicant pursuant to .00.

(4) The Commission shall assess to the Applicant all other costs paid by or for the Commission, directly or indirectly, to any other Person for conducting an investigation into an Applicant plus an appropriate percent for overhead, processing and administrative expenses.

REGULATORY AUTHORITY

.00: M.G.L. c. 23N, § 4.

2/3/23 (Effective 11/16/22) 205 CMR - 663 (Mass. Register #1488, 2/3/2023)