Key Takeaways:

• The Massachusetts Gaming Commission has released a scoping survey that will be required to be completed by Category 1, 2, and 3 applicants by October 17, 2022 in order to be eligible to submit a license application for sports wagering.
• The Commission is also seeking comments on the draft application itself, due on October 17, 2022.
• The Commission is also seeking comments on two emergency regulations: (1) a proposed framework for the taxation of gross fantasy wagering receipts, and (2) a set of administrative regulations for the sports wagering applications. These comments are due November 22, 2022.   

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Following a two-part meeting last week, the Massachusetts Gaming Commission released several important documents related to the upcoming licensing of Category 1, Category 2, and Category 3 sports wagering licensees.

The first is a scoping survey that applicants for a Category 1, 2, or 3 license will be required to submit by 5 PM on October 17, 2022 in order to be eligible to submit a full application. The Commission is using the Scoping Survey to plan its own efforts with respect to reviewing applications, particularly in the competitive Category 3 process.

The second is a draft application for Category 1, 2, and 3 licenses, on which the Commission is seeking public comment. The Commission has indicated that it is especially interested in comments on how the application should approach responsible gaming and advertising, in addition to any other comments. Public comments on the application – like the Scoping Survey – are due by 5 PM on October 17, 2022.
 
The Commission intends to move quickly with the application process, having discussed a likely deadline of 45 days after the finalization of the application, which will likely take place shortly after the close of the public comment period.

The Commission is also accepting comments on two draft regulations through November 22, 2022. The first is a proposed framework for the taxation of gross fantasy wagering receipts. The second is a set of administrative regulations for the sports wagering applications. The administrative regulations are quite general, and envision the Commission elaborating on important information through other channels, such as the draft application.