The Massachusetts Gaming Commission is expected tomorrow to designate MGM as the state's first casino operator, but would not officially award the license until the state's highest court rules on a proposed November ballot question to repeal the state's gaming law.
The commission took a preliminary vote yesterday that it is prepared to award the license to MGM's $800 million Springfield casino if it accepts all of its conditions, including paying $85 million in licensing fees within 30 days of the award. But MGM doesn't want to do that if the law is ultimately repealed.
Under an MGM counter-offer, it would pay the licensing fees within five days if the Supreme Judicial Court next month votes not to allow the repeal question on the November ballot. But if the SJC does allow the ballot question, MGM would only pay the fees if the repeal referendum is defeated.
Gaming Commission Chairman Stephen Crosby said MGM's concerns about paying the non-refundable fee were "perfectly reasonable" given the uncertainty around the court case.
In other casino news, Boston remains the only municipality still negotiating surrounding community agreements with Mohegan Sun, which wants to build a casino at Suffolk Downs in Revere, and Wynn Resorts, which wants to build one in Everett.
"The city continues to review documents and hold meetings," Kate Norton, a spokeswoman for Mayor Martin J. Walsh said.
Spokesmen for both Wynn and Mohegan Sun described the talks as "productive."
Herald wire services contributed to this report.
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