961 C.M.R. 3.03 – Licensing

(1) Application.
1. (a) Form for Application. Application for a license to conduct the game of Beano shall be made on form B.C.I. which is hereby adopted. The application must be complete in all details and must be approved by the Local Licensing Authority. All applications must be accompanied by the appropriate fee in the form of a check payable to the Massachusetts State Lottery Commission. The application shall be signed by the proposed member in charge of Beano and the head of the organization who shall be: in the case of a religious organization or an affiliate thereof, the Rabbi, Pastor, Rector, or Superior or the President or Chairman of the Board of Directors of the Congregation or the chief executive officer; in the case of a veterans organization, by the Commander; in the case of an organization of volunteer firemen, by the President; in the case of a fraternal organization, by the duly elected head of the organization; in the case of a non-profit organization furnishing ambulance service, bythe Presidentor Director; in the case of a corporation organized under the provisions of M.G.L. c. 180 by the Principal Officer . Notwithstanding the above, it is the intent of 961 CMR 3.03 that the legally responsible official of the applicant organization shall sign in his or her representative capacity.
2. (b) Information to be Furnished. In addition to the information required to be furnished on the application, every organization desiring to conduct Beano may be required, by either the Local Licensing Authority or by the Director, to furnish such information as is considered necessary to satisfy the Director that the applicant organization is fully qualified and eligible
for a Beano license. This information, if so required and deemed necessary by the Local Licensing Authority and/or the Director, may include such information as: copy of the corporate charter, statement of purpose, copy of organizational charter, articles oforganization, by-laws and evidence to the Local Licensing Authority’s satisfaction that the organization was in existence for at least five years immediately prior to the date of application. The applicant, upon request of either the Local Licensing Authority or the Director, may be required to furnish a statement as to whether the organization has engaged in serving one or more of the Lawful Purposes as defined in 961 CMR 3.02(7) for a period of at least five years immediately prior to the date of making application for such license. Notwithstanding the above, it is the intention of 961 CMR 3.03(1) that no license application be forwarded to the Commission for its approval until the Local Licensing Authority is certain that the applicant organization is fully qualified under the Beano Law. (c) Issuance of License. Unless specifically requested to do otherwise by the Local Licensing Authority, the Commission will send licenses issued on approved applications to the licensee. (d) Denial of Application. The Director may deny the application in which case the fee will be returned with the denial to the Applicant.
(2) Lists Required to Be Kept: Membership List. Each licensee must maintain a list of its current membership which shall be kept available for inspection at all reasonable times. The Director or the Local Licensing Authority may require any applicant organization to file a list of its current members, officers and directors with the Commission or Local Licensing Authority and may further require filing of supplementary lists of additions, deletions and changes required to keep the original list up to date.
(3) Joint Licenses. No joint license for the conduct of Beano shall be issued except at the discretion of the Director and then only to two organizations both of which are qualified under the statute governing Beano.
(4) Premises.
1. (a) Operation Restricted to One Premises. Each licensee (or in the case of a joint license, joint- licensees) shall be licensed to conduct Beano and sellCharity Game Tickets only on the premises listed on the face of its license. For the purposes of the sale of Charity Game Tickets, premises shall include the premises listed on the face of the license, as well as the address of the Licensed Organization provided said address is not a residential address, should they be different.
2. (b) Use of Premises Restricted. Beano shall be conducted on premises owned by the Licensee Organization or owned by another Licensee Organization and indicated as the Beano Occasion address on the application for license. The Director may authorize in writing the use of premises other than those specified in the preceding sentence, and may specify the terms, including rent, on which such premises may be used provided that the approval of the Local Licensing Authority and the Chief of Police has been obtained.
(5) Denial of Original or Renewal Application for License.
1. (a) Grounds for Denial. The Director may deny any application of any organization, even though approved by the Local Licensing Authority. Denial of said application may be based on but is not limited to:
  1. 1. Revocation of a license previously held under the Beano law by said organization or its predecessor,
  2. 2. Non-conformance with the Beano Law,
  3. 3. Non-conformance with 961 CMR 3.00,
  4. 4. The public interest.
2. (b) Hearing. Any organization denied a license under 901 CMR 3.03 shallbe entitled to hearing held pursuant to 961 CMR 3.06.
(6) Revocation or Suspension of License.
1. (a) Grounds for Revocation or Suspension. The license of any organization or organizations issued pursuant to the Beano Law may be suspended or revoked by the Director. Grounds for suspension or revocation shall include but are not limited to:
  1. 1. Violation of any provision of the Beano Law, regardless of whether any criminal charges are brought or conviction results;
  2. 2. Violation of 961 CMR 3.00 or any other directives of the Director;
  3. 3. The request of the Local Licensing Authority;
  4. 4. The public interest.
2. (b) Hearing. Any organization whose license is suspended or revoked shall be entitled to a hearing held pursuant to 961 CMR 3.06.
3. (c) Surrender of License on Suspension or Revocation. Any organization whose license is suspended or revoked under 961 CMR 3.03(6) shall surrender its license to the Commission on or before the effective date of said suspension or revocation.