205 CMR 124.06 - Reimbursing the Expenses of the Host Community Election

(1) The applicant shall reimburse the municipality that conducts the election for its reasonable and customary expenses related to the host community election within 30 days after the election, provided, however, that if the election occurs as part of a general election, the applicant shall be responsible only for that portion of the general election expenses that related to the host community election. The expenses may include the costs for staffing and securing all voting locations, printing of the ballots, and all related costs as prescribed by the city or town clerk for conducting elections.

(2) Unless otherwise agreed by the parties, within seven days of the election, the municipality shall provide the applicant with an itemized invoice of the costs for which it seeks reimbursement.

(3) The commission shall deny an application for a gaming license if the applicant has not fully reimbursed the municipality as provided in 205 CMR 124.06(1).

(4) The applicant shall disclose the reimbursement in accordance with 970 CMR 1.19: Contributions from Gaming License Applicants and Persons Holding Such Licenses.

(5) If the result of the election is in the negative and the applicant fails or refuses to reimburse the municipality that conducted the election in accordance with 205 CMR 124.06(1) for all or any part of its cost, then in an action by the municipality against the applicant in a court of competent jurisdiction, the municipality shall be entitled to recover treble the disputed costs of the election as determined by the court together with the municipality's reasonable attorney fees and cost of that action. The applicant's request for an election under 205 CMR 124.02 shall constitute its binding agreement to abide by this provision.

Notes

205 CMR 124.06