The state Gaming Commission, which is set to begin its deliberations tomorrow on the coveted Boston-area casino license, will give Mohegan Sun and Wynn Resorts a chance to influence the conditions of their potential license — including in Wynn's case how much money should go to Boston — before deciding who gets it.
"It's important for the applicants to understand the conditions, what the award of a license means, and for us to understand that they understand and are willing to agree by those conditions if we issue the license," commissioner James McHugh said.
The approach is a departure from how the panel handled the awarding of the state's lone slots parlor license in February. In that case, only the winning applicant, Penn National, was presented with license conditions, to which it agreed. The conditions were mostly that Penn submit a series of compliance reports within a certain timeframe.
McHugh said the commission is taking a different approach because the conditions of a Boston-area license will be more involved than in the slots debate.
"The conditions in those cases were not complex conditions," McHugh said. "These may be, and it's important to give them time to look at them, and it's important for us to understand whether they're prepared to accept those conditions before we make the final determination."
Applicants will likely be presented with license conditions in the middle of this week and given an undetermined amount of time to respond. Mohegan did not respond to a request for comment. Wynn spokesman Michael Weaver said the company is "comfortable and will follow whatever process the commission sets."
In Wynn's case, the commission will dictate in its conditions what payments the developer must make to Boston to mitigate traffic and other impacts its Everett casino would have on Charlestown. Boston Mayor Martin J. Walsh ceded the decision to the commission after he claimed Wynn withheld key documents about its plan. Walsh cut a deal with Mohegan that would pay the city a minimum of $18 million a year.
John Ribeiro, chairman of the Repeal the Casino Deal campaign, which is working to overturn the state's casino law in November, said giving applicants a say in their own license conditions is inappropriate.
"It's getting harder and harder to tell the difference between the casino industry and the casino regulators," Ribeiro said. "They are doing everything within their power to make it easier for the casino operators."
McHugh said it remains to be seen what steps would be taken if applicants object to proposed conditions.
"They tell us that they're not comfortable and we talk about it among ourselves in public, and we talk about it, perhaps with them, in public, and we come to some conclusion as to what the consequences ought to be," McHugh said. "Maybe a modification, maybe a change, maybe an improvement, maybe something else."
Commissioners have been studying different components of Mohegan and Wynn's applications for months and will present their findings next week. The commission set Friday as the date for awarding the casino license, but McHugh said the decision will likely take longer.
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