Casino legislation provides role for city councilsDate: 12/12/2012 By G. Michael Dobbs
news@thereminder.com
The Massachusetts casino legislation gives a role to one municipal entity and takes authority away from another.
With all of the steps in the processes set up by the cities of Springfield and Holyoke to select a casino operator for the Massachusetts Gaming Commission to consider there is an additional hurdle that provides the city council in each community a definitive role.
In Springfield, besides determining whether or not the referendum vote will be limited to the ward in which the casino would be located or citywide, councilors have debated exactly what is their role should be. In Holyoke, councilors are just now trying to define how they fit into the selection process.
According to the state legislation, any casino would have to comply with local building and zoning regulations and city councils must approve zoning amendments and special permits.
According to Springfield's zoning rules, a casino would fall under the category of "an indoor amusement," according to Philip Dromey, deputy director of the Department of Planning and Economic Development. He said that a special permit would have to be issued by the council for any casino, if it comes to Springfield.
Marcos Marrero, Holyoke's director of the Office of Planning and Development, explained to Reminder Publications the city officials are examining that city's zoning regulations to see if an amendment to them is necessary to accommodate a casino. He said a special permit might be needed.
He added that part of the reason he and Mayor Alex Morse participated in the recent City2City trip to Bethlehem, Pa., was to see how that community has coped with a casino and how they changed their zoning regulations because of it.
While the legislation has certainly carved out at least one role for each community's city council, it has eliminated each city's alcohol licensing authority from policing the casinos, if and when they open.
While the municipal boards enforce alcohol selling and serving laws, the legislation takes that enforcement duty away from local authorities.
According to the law, "The commissioner of the alcoholic beverages control commission shall establish a gaming liquor enforcement unit whose responsibilities shall include enforcing, regulating and controlling the distribution of alcoholic beverages in a gaming establishment. The gaming liquor enforcement unit shall work in conjunction and cooperation with the investigations and enforcement bureau within the Massachusetts gaming commission established in chapter 23K."
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