Massachusetts Regional Casino Licensing Under Chapter 23K

c. 23K, § 19 the Gaming Commission may award only one category 1 (resort casino) license per region, a hard ceiling of three casinos statewide. Region A covers Suffolk, Middlesex, Essex, Norfolk and Worcester counties, home to the Encore Boston Harbor license. Region B covers Hampshire, Hampden, Franklin and Berkshire counties, where MGM Springfield holds the license. ' A casino cannot be sited anywhere in a region just because a developer wants it there. c. 23K, § 15, an applicant must first negotiate and sign a host community agreement with the city or town where the establishment would sit, laying out mitigation payments, traffic and public-safety commitments, and other local conditions.

' Only a majority 'yes' vote lets the application move on to the commission's suitability review. A losing referendum locks the applicant out of that community for 180 days, and any renewed attempt needs a freshly signed host community agreement executed after the failed vote. Once granted, a category 1 license runs an initial 15-year term, and the commission cannot issue a second license in that region during the term, the one-per-region cap holds for the life of the existing license, not just at the moment of award.

Operating a casino outside this framework is a criminal matter, not a zoning dispute. G.L. c. 23K, § 37 makes it a crime for a licensee to place or display a game or gaming device without Gaming Commission permission: up to 2½ years in a house of correction and a fine up to $25,000 for an individual, or up to $100,000 for a corporation. Siting outside an approved host community, or before a binding local referendum passes, blocks licensure entirely; the commission simply will not award the license.