Code of Massachusetts Regulations
205 CMR - MASSACHUSETTS GAMING COMMISSION
Title 205 CMR 136.00 - Sale and distribution of alcoholic beverages at gaming establishments
Section 136.09 - Administrative Action

Universal Citation: 205 MA Code of Regs 205.136

Current through Register 1543, March 14, 2025

(1) Grounds for Action. A gaming beverage license issued under 205 CMR 136.03 may be suspended, revoked, conditioned and/or assessed a civil administrative penalty if the Bureau finds that a licensee has:

(a) failed to comply with any provision of 205 CMR 136.00

(b) failed to comply with any provision of M.G.L. c. 23K or 205 CMR 136.00 pertaining to the sale and distribution of alcoholic beverages in the gaming establishment; or

(c) failed to act in conformance with a provision of the gaming licensee's approved system of internal controls related to the service of alcoholic beverages.

(2) Finding and Decision. If the Bureau finds that a gaming beverage licensee has violated a provision of 205 CMR 136.09(1), it may issue a written notice of decision reprimanding, suspending, or revoking the license and/or issuing a civil administrative penalty to said licensee. Such notice shall be provided in writing and contain a factual basis and the reasoning in support the decision, including citation to the applicable statute(s) or regulation(s) that supports the decision. It shall further advise the licensee of its right to a hearing, and their responsibility to request a hearing in accordance with 205 CMR 136.09(4) if they so choose, and that failure to do so may result in the decision automatically being imposed.

(3) Civil Administrative Penalties. The Bureau may assess a civil administrative penalty on a gaming beverage licensee, in accordance with M.G.L. c. 23K, § 36, for a violation of 205 CMR 136.09(1).

(4) Review of Decision. If the gaming beverage licensee is aggrieved by a decision made in accordance with 205 CMR 136.09(2) or (3), it may request review of said decision in accordance with 205 CMR 101.00: M.G.L. c. 23K Adjudicatory Proceedings. Failure of the licensee to request review may result in the decision automatically being imposed.

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