205 CMR, § 234.06

Current through Register 1536, December 6, 2024
Section 234.06 - Affirmative Registration Standards for Sports Wagering Registrants
(1) Upon submission of an administratively complete registration form as a Sports Wagering Registrant, the Division of Licensing shall issue the registration on behalf of the Commission. A registration may be denied or subsequently revoked if it is determined that the Applicant is disqualified in accordance with 205 CMR 234.06(2) or unsuitable for any criteria identified in 205 CMR 234.06(3).
(2) The Bureau and Commission shall deny or revoke a registration if the person:
(a) has been convicted of a felony or other crime involving embezzlement, theft, fraud or perjury; except that for such disqualifying convictions which occurred before the ten-year period immediately preceding submission of the application for licensure, the Bureau may, in its discretion, approve the issuance of a registration to an Applicant who affirmatively demonstrates rehabilitation in accordance with 205 CMR 234.05(4);
(b) submitted a registration form under M.G.L. c. 23K, §§ 30, 31, 205 CMR 134.00, M.G.L.c. 23N or 205 CMR 234.00 that willfully, knowingly or intentionally contains materially false or misleading information;
(c) committed prior acts which have not been prosecuted or in which the Applicant was not convicted, but which form a pattern of misconduct that makes the Applicant unsuitable for registration; or
(d) has affiliates or close associates that would not qualify for a license or whose relationship with the Applicant may pose an injurious threat to the interests of the Commonwealth in approving a registration.
(3) In determining whether an Applicant is suitable for purposes of being issued a registration or having a registration renewed, the Bureau may evaluate and consider the overall reputation of the Applicant including, without limitation:
(a) the integrity, honesty, good character and reputation of the Applicant;
(b) the financial stability, integrity, and background of the Applicant;
(c) whether the Applicant has a history of compliance with gaming licensing requirements in other jurisdictions;
(d) whether the Applicant, at the time of submission of the registration form, is a defendant in litigation;
(e) whether the Applicant is disqualified from receiving a registration under 205 CMR 234.06(2);
(f) whether the Applicant has been convicted of a crime of moral turpitude;
(g) whether, and to what extent, the Applicant has associated with members of organized crime and other persons of disreputable character;
(h) the extent to which the individual has cooperated with the Bureau in connection with the background investigation; and
(i) the integrity, honesty, and good character of any Subcontractor.
(4) An Applicant for a registration shall be 18 years of age or older at the time of application.
(5) The Bureau may deny an application for registration if it determines that the Applicant formed the Applicant entity for the sole purpose of circumventing the requirement to be licensed as a Sports Wagering Vendor.

205 CMR, § 234.06

Adopted by Mass Register Issue 1482, eff. 10/21/2022 (EMERGENCY).
Amended by Mass Register Issue 1485, eff. 10/21/2022 (COMPLIANCE).
Amended by Mass Register Issue 1491, eff. 3/3/2023 (EMERGENCY).
Amended by Mass Register Issue 1496, eff. 3/3/2023 (COMPLIANCE).