MGC Open Meeting & Public Hearing - October 21, 2025

That's the first time I've ever banged a gavvel in my life, just so everyone knows. Um, all right. Um, I I see that we're joined online. Can everyone online hear me? Just give me a little wave again. Okay, I'm getting Yes. All right. Um, this is public meeting number 569. Um, and we have a public hearing also. The Massachusetts Gaming Commission. Um, since we're here, I don't think we have to do roll call, which is nice. Um, so the purpose of today's meeting, we're going to deal with um a couple of of issues and then we're going to move into the hearing on Planeville Gaming and Redevelopment LLC's application for license to hold or conduct, uh, racing meetings. So, with that, um, that's item number one. Let's move to item number two and we'll turn to interim general counsel Justin Stimpik. Good morning Justin. >> Uh good morning chair. Uh we are here today for uh approval of DraftKings audit plan. Uh this as you may recall came as a result of the non-compliance DraftKings decision of all banking the unauthorized use of credit cards. That decision was released back in July. So 90 days I believe could actually be technically this Thursday. Um but they were obligated to supply a audit plan explaining how they would go about uh performing an audit and choosing their auditor and that would be up for the approval of the commission today uh by voice vote. Uh they then have 90 days to complete that plan. Just I did the the math. 90 days from today would be January 19th. So, uh, as part of your packet today, you should see a letter from the auditor that DraftKings, uh, has solicited, Ruben Brown. Um, also Tony Star and Jen Aar's chief compliance officer are here to answer any questions about that. Um, so I I leave that to to you, chair, commissioners. >> Thank you, councelor. Um, commissioners, we have uh item A here. Um, do we have any questions for Tony? >> I don't have any questions for Tony. Justin, I actually have a question for you, which is just the definition section in this proposal. >> Looks like we lost somebody. He really didn't want to answer that question. >> Like I can really kill the room, I guess. >> Yeah. >> Okay. >> Yeah, we're back. >> All right. I think everyone's back. Um Justin, um Commissioner O'Brien, >> start over. Justin, um I just >> Sorry, we didn't hear anything after I gave my intro there. So, >> Yep. So, my only question is the the three definitions listed in the letter. Um, I assume that the GC groups had a chance to look at them in sort of the context of our decision and just want to make sure that that's okay with the legal team in terms of those three definitions. >> Uh, yes, that's that's uh all consistent and that is okay with our legal team. >> Okay. Thank you. >> Any other questions, commissioners? chair. I may be the only one needing this, but I'm not familiar with this firm. I'm not sure how big or small they are in the industry. If someone could just give an overview of um their qualifications to conduct this type of an audit, I'd appreciate it. >> Jen, you want to take that one? >> Certainly. Um, thank you for asking the question. Um, essentially they are a reputable uh CPA firm um that has uh gaming industry experience. Um, DraftKings has leveraged them uh for several audits um in the daily fantasy space as well as in our retail um retail gaming space. um they have many years of of experience and they um they um are known in the gaming industry. And is the this the first time DraftKings would be uh utilizing them with in this gaming arena? specifically DraftKings. I know they have broad gaming experience, but DraftKings himself. >> Yes. For for this type of engagement, this is the first time in the online gaming space for Massachusetts that we be leveraging them. Okay. >> Thank you, Jim. >> Welcome. >> Thank you, Commissioner. Any other questions? >> Oh, shoot. Shoot. Oh my gosh. I don't know what this is. That's some good music is what it is. >> Um, >> the Ruben Brown website there. Very cool accounting firm. They >> They do have it. We do have the website up. Um, Commissioner Hill. >> Uh, Mr. Chairman, I move that the commission approve Ruben Brown LLP as the independent third party auditor for Crown Mass Gaming LLC doing business as DraftKings as required by the conditions stipulated within the commission's July 24th, 2025 non-compliance decision and further that the auditor uh auditor complete their work within 90 days from the date of their retention. >> Second. >> Thank you. So just one point of clarification. Was the date of retention on October 3rd or the date of this vote? >> Uh it would be the date of this vote commissioner because that's what will pull that'll start the uh time clock running. Your approval starts the time running for the 90 days. >> Thank you. >> Any further discussion? >> All right. Commissioner O'Brien >> I. >> Commissioner Hill >> I. >> Commissioner Skinner >> I. >> Commissioner Broer. >> Yes. >> And I vote yes. 50. All right, I'm going to kick it back to you, Councelor Tempe. >> Uh the the second item was uh was on the agenda today to discuss the corrective action plan um for DraftKings. Uh that as uh Attorney Star informed me yesterday is is not ready yet for discussion. Um I believe what probably would be appropriate is that we we take a date certain when that is completed and then we bring it back for commission review. It doesn't need a vote, but I I would imagine the five of you would like to read it and ask any questions the drafting problem draftings uh related to that corrective action plan, but I'll let attorney star and and Jen Angular address any questions may have. >> Do they have any statement to start out with? >> Uh thank you commissioners for the opportunity to be here this morning. Um it had been my hope um that we would be able to submit the correction postc correction action plan to you for today's uh meeting. Um the good news and bad news was that I was out of the country the last two weeks. Um, so I was not able to uh focus on this until I got back uh yesterday and I would like uh with your permission uh another week or 10 days to work with DraftKings to wrap up the corrective action plan and we could submit it to you by October 31st. And of course um Jen and I uh would be available at the request of the commission to come back at a public meeting and answer any questions you might have on the plan. Thank you, Attorney Star. Justin, can you remind me of something quickly? I think you sent an email around, but I want to make sure I've I've got it. Um, we didn't actually put the same 90-day requirement on that, right? >> That that is correct here. The 90-day requirement was only with respect to the audit. Oh, >> okay. Um, commissioners, questions or or maybe even statements for attorney star. >> Uh, the only thing I would say is uh I you know, absolutely sympathetic to the travel and the request for the extension. I think it's reasonable. Looks like we have a meeting November 6th. So, what I would ask is that it be submitted um by Monday of that week. I know you said the 31st, but and then by default we have it on um that day in case there are questions that we have about it. >> What is that Monday? >> That Monday, I believe it's the second. >> Okay, we're going to give you a little extra time, Mr. Star. How about that? >> I mean, the hope is the 31st, but that's the Friday. So, um >> we're not going to look at it till Monday anyways. If you're a big Halloween celebrator, you might need the weekend. That's >> right. >> Commissioners, any questions? Are you good with that? I'm good with that. >> I'm good with that. I'm sure you don't object, attorney star. >> That That schedule's great. Thank you, commissioners. I I appreciate that. >> All right. Hope you had a good trip. >> Thank you. >> All right. Thank you, Jen. Thank you, Tony. Um, Councelor Stimpik, anything else? >> That's it for DraftKings. I am going to be logging off and uh both uh Judy and Melody will be there to uh guide you through the rest of the uh legal proceedings today. I'm I'm up in Toronto at a conference. I'm going to go back downstairs to uh to that. But if anyone needs me, I'm unreachable myself. >> Well, thank you and send our regards to everyone at that conference. >> Thank you. >> Thank you. Take care. All right. We're now going to move on to the third item on our meeting agenda. The commission has convened this public meeting and public hearing relative to the application for a license to hold or conduct a racing meeting for calendar year 2026 submitted by Plainville Gaming and Redevelopment LLC, who I will refer to as PGR, or the applicant. It is being held in accordance with Massachusetts General Laws, Chapter 128A, Section 3 and Chapter 38, Section 20. As you may know, the commission has authority to issue a license to hold or conduct a racing meeting for calendar year 2026 to PGR. The public support for this proposal or lack thereof is a factor that the commission will evaluate in making the final award of the license. Accordingly, your presence here today and any written comments that have been submitted will play an important role in this decision. I thank you all for being a part of this process and further I thank everyone here for allowing us to handle some other business that was time-sensitive. Before we begin, I would like to lay out the process and establish the ground rules we will follow. This hearing is intended to afford an opportunity to offer input and comment on the application to any entity or member of the public who is interested. For those who have submitted written comments about this application, please know that the commission will review and consider each and every one of them. Thank you for taking the time to send them in. The hearing will begin with a presentation by the applicant. After the presentation, we will open the floor to public comments. At the conclusion of the comments from members of the public, we will afford the applicant an opportunity to make any closing comments it would like to make. At any time any commissioner may ask a question of the applicant or anyone else presenting. After the applicant's presentation, there will be an opportunity for members of the public to address the commission. I I will provide uh instructions prior to that segment for the members of the public. With that, I will ask the applicant to please identify its representatives and begin its presentation. Good morning, commissioners. Uh Steve Oul, I will be the only uh presenter here for the application for the 2026 racing license application to for harness racing at Planebridgeidge Racecourse, Planeidge Park Casino, formerly known as Planebridgeidge Racecourse. Uh it's great to have you guys in Planeville once again for your annual visit and uh we always look forward to coming into this beautiful facility to to have this uh this this meeting and this hearing. Um this is the this will be the 28th season of racing at at Planeidge. Um my 27th application preparation. So I was only not involved in in one of those the very first year. um be uh later this in in o in November we'll get into the adjudicatory hearing for the application which is more of the nuts and bolts that we go through for all the criteria but today I'd like to talk a few things about that don't come up during that adjudicatory hearing this past season uh in 2025 we've had an excellent excellent season uh a lot of track records have fallen a lot of really good quality horses have competed at at at Playidge this year and it's been a very safe uh season. There's been no major issues, no minor ma issues or major issues to report to the commission. Uh there's a lot that goes into that to keep it safe like that. Um I have my presiding judge here today who works with Alex's uh his name is uh Butch Eaton, Charles Eaton, but he goes by Butch. and uh he works with Alex's uh judges and the veterinarians to make sure that that everything is carried out in a very safe manner for the for the racing and that the horses are healthy when they come to the track. Um, I also have uh my uh announcer who has been with me for the length of the time that I've been here and he could have moved on many many times to bigger racetracks, but uh being local uh you know uh he loves what he what he does and he's one of the best in the business and we're so glad that he stays with us. And my mutual manager uh Andrew Tvaris of course you know Lenny so I didn't mention his name, Lenny Calderon. uh my mutual manager uh uh Andrew Tavvarus uh he's he's well respected in the in the business now. He came actually to the to he applied at the casino and uh for a casino job and we stole him in paramutuals and he started off by punching tickets and now he's the the mutual manager and he's and he's well respected across the country in that role. So we really have a a great team and as I mentioned they work great with Alex's Alex's team. Uh today you'll hear from the horseman's association. Bob McHugh will say a few words and Alice Tisbert the managing director is here as well. Uh for the breeders uh George Ducharm is here. He's a very respected trainer across the country from Northfor Massachusetts. You've seen the video of Royalty for Life winning the Hamiltonian. He was the trainer uh of that horse. And uh I grew up with George uh racing horses. I'm really proud to have him here uh today. He's a fellow USA director with me and uh you know we've we've been in it a long time and I I bring those those things up because you know we're more like a family uh when we're when we're racing. Uh a lot of competition. Everybody's at each other's throat on the racetrack. But uh you know we really do feel for each other's uh we we we're passionate about all of our concerns. Uh this past this past week, we were all saddened by the passing of the uh test bar coordinator, Sheree Gilbert. Uh all the horsemen loved her. Uh they worked with her great and uh that was that was sad news to get. Um we also have today uh the fire chief here. Um he's been uh longtime uh firefighter in uh Planeville. Uh Chief Skinner. uh the the he's in charge of uh scheduling the rescue for our races every day. Uh so we have the the rescue there with two EMTs every day for racing. We also have filling in for the the police chief. We also have Sergeant Cersei who will say a few words for the town uh administer uh town administer Brian Noble is here as well as select board member uh Jeff Johnson. And of course, no hearing in Planeville would be complete without Planeville resident Dale Burgine to speak on our behalf. Um, in since uh since the track started in 1999, the the staff at the track has always been involved in Planeville uh community affairs and service clubs. um the Lions Club, the Rotary Club, Habitat for Humanity. As a matter of fact, uh the Habitat for Humanity just got done with a uh renovating a church for a family in uh Franklin and uh they just uh raffled that off last week. Um the American Cancer Society this month the breast awareness uh drive uh we've raised the horsemen uh have raised over $20,000 in in cooperation with the track for uh the American Cancer Society and uh currently I'm working with both the breeders and the horseman's association uh to uh support more afterare programs for our raceh horses when they're done racing. They make great pleasure horses and things like that. Uh I also have here um a letter from uh resident Kathy uh Kathy Parker. Uh we work with her um with the uh uh she's a member of the uh food pantry and uh she gave me a letter to uh to submit. So, >> um, so I'll let these guys, um, all speak today, but, uh, I want to thank them for coming and showing up in support. And, uh, I look forward to the adjudicatory hearing, uh, next month when we go over the rest of the application. Thank you. >> Thank you. Thank you. >> And I I assume at the end if you want me up for any questions. >> Yep. >> Okay. We'll have you close out. >> Thank you, Comm. Um you you did um mention Miss Gilbert and I do want to say that we're all thinking about um uh John and Jessica and Jordan and the rest of the family and uh it is such a tragic loss. Um as to the the next piece of this, in an effort to to make the best use of our time, we ask that any member of the public proceed as follows in addressing the commission. If you've registered to speak on the commission's website by 5:00 p.m. yesterday, your name has been added to the list. We will begin with the names from that list. If there is time remaining, we will open the floor to comments from any other community member present who signed up in person today when they arrived. I won't leave till everybody gets the comment. Uh when I call your name, please approach the microphone. State your name and tell us the town where you're from or the agency you represent. In order to ensure that everyone who wants to speak gets an opportunity to do so, we ask that you please limit your comments to 3 minutes. Lastly, if you have a question that you uh would like the applicant to address, please address the question to us and we will address it to the applicant uh to respond appropriately. Uh, finally, in order for this part of the process to achieve its greatest value, it's tremendously important that the discourse here today remain civil. I know Judy wrote that because I always say that. Uh, thank you, Judy. Uh, let's begin the comment process. Um, I'm just going to go in order. Uh, we'll start with um U Mr. Noble, town administrator. >> Thank you. My name is Brian Noble and I am the town administrator for the town of Plainville. It's a pleasure when the gaming commission comes to town because you usually bring good weather as you have done again this year and this is becoming a little bit of a performer uh exercise for us because we cannot say enough good things about George about Steve O'Neal Tul and his team uh here in Planeville. They do an excellent job. We certainly support this application. They are good partners for the town and the community and they are not a burden on town resources or on public safety. We have received no complaints in the entire history of the racing uh activity here in Planeville and we believe that this is a good thing for the region and a good thing for our community and very wellreceived. So we certainly support the application. Thank you. >> Thank you administrator. >> Never had a complaint. administrator. >> Yeah. >> This is the best town in the world to run to be a municipal official. >> Was that your experience? >> Absolutely. Every day better than the last. >> All right. We're going to go uh to selectman Mr. Johnson. >> I'm going to see if he has received any complaints. but not about playing. >> Good morning, chair and members of the Massachusetts Gaming Commission. Thank you for the opportunity to speak this morning. My name is Jeff Johnson. I'm a longtime resident of Planeville and I've served on the Planeville Select Board for the last 8 years. Allow me first to welcome you back to Planeville and in particular to our town hall and public safety building complex. It's an honor to host you back in our room in our town. On behalf of Planeville, I'm here to recommend the application of our outstanding partner, Planeville Gaming and Redevelopment, for their 2026 race meeting. Planeville has a long history in the horse community. Horse farms dot the countryside, especially on the west side of town. A quick drive would show over a dozen farms featuring boarding, training, riding. On my walks along our roads and paths, I'm as likely to come across someone on horseback as I'm another person walking in the fresh air. It is in that spirit that Planeville takes special pride in the horse racing which has occurred at Plainidge Park since 1999. The 2025 horse racing calendar was a success not only for Plane Park, but also for the community of Planeville as well as our surrounding towns. The entertainment and jobs are of course an obvious welcome, but you also benefit from an engine which drives positive impact to the entire horse community. The season included a Spirit of Massachusetts race day which included a world record as well as a thrilling and stunning upset in the feature race. As we have stated many times in the past, the Commonwealth could find no better partner for this activity than Plainville Gaming and Redevelopment. Certainly, as we sit here in this room, I know that Planeville has found no better partner. I will not belabor the points we have made in the past. The high level of community involvement, the lack of fundamental problems, the jobs and economic benefits, their role in the community and the entire region. They've consistently kept their word to us and to the Commonwealth, and I could be no happier than to see them succeed for another year of racing with us. They've been a wonderful member of our community, an effective economic engine for our area and for their industry. I urge the commission to look favorably upon the application of Planeville Gaming and Redevelopment. I'd be happy to answer any questions the commission may have. >> Questions like Thank you. We appreciate it. >> Um the next speaker is Chief Skinner. We like Skinners around here, by the way. Good morning, chair, members of the board. Uh, Chief Skinner from the Plain Fire Department. Um, when I was asked today, I was told about the meeting, I was more than happy to come out and u recommend the support of the horse racing association and the um and Steve Oul. Uh, I have worked with Steve for many years. Um, the fire department is a big supporter of the horse racing association. Um, we have had um several incidents up there that are very minor. Um, and that's why we have our paramedics and EMT team on site. Um, again, um, I keep it very short and sweet that the the fire department is is very in support of of the, um, the racing commission's license again this year. Thank you. >> Thank you. >> Mr. McHugh, >> good morning commissioners. My name is Bob McHugh. I live in Norwood, Massachusetts, and I'm president of Harness Hospitals Association New England. I was going to say, but I One thing I want to keep light is I came in this morning and I saw a woman with earbuds on. I shouldn't This is funny. I got to tell you a story. I was at the airport a couple months ago and I was sitting there just sitting there and a young woman sits next to me and she says to me, "How you doing?" I said, "Oh, oh, good. Thanks for asking." And she said, 'Well, how's everything? What are you doing? I said, 'Well, I'm just chilling. I'm reading my book. And then she said to me, "What's up?" And I said, "Well, I'm just sitting here waiting for the plane." She stood up, walking over, and she said, "Mom, I got to move. This man thinks I'm talking to him." So, I had technology. It was just I just remember that. No, I just want to say I've been honored to have been president of this association. this got to go in my seventh year now. Uh most importantly, managing director, Alice Tisbet, anything is done right, it's her. I just anything is done right, I I got to thank her for what she's done. She's worked closely with Steve Ult. Uh most importantly, in the past year, it's been great because there's a der of training centers around here. Uh Steve agreed to open the track up a couple weeks earlier than in the contract. And that was so important because it let it let the horsemen trainers, horsemen and women get their horses ready for the meet at the start of the season. Can get that phone if you want. Um so that was real important. Internally again we've worked on Steve Volul. We're trying to enhance our marketing efforts efforts this year. We've done some advertising on Falgar and Maz 98.5. I shot video in in the afternoon. >> Saw it yesterday. >> I was looking at you. >> Did it. Did you like it? >> I loved it. >> It was good. And we're trying to do some more. We do. We sent coasters out. We're trying to do a few things like that. And and externally again, we're working with Steve and the breeders and the horsemen uh to uh to work with st we by the way sponsored PAL in town too, little league among some other things. And um we're working with Steve at the Standard Beer Transition Alliance which again he mentioned supports retired raceh horses. And I'm want to reduce but I want to tell George is one of it's great to have George Tuham here. He won the Hamilton Tony which is the most significant race every year we have it's really struck to the Kentucky Derby for breeders but I want to tell you that I bowl with him and I'm a much better bowler than him. So I did that too. >> Candlepin or Tim ppin? >> Candlepin which was candle pin. Yeah. >> It's it's dying now by joy. It's dying now with what's happened but >> I loved it for years ago. >> So that's my story. I mean, I really, like I said, Alice Tis has done a lot of manager directors. She worked with Steve and Steve has really been helpful this year this year as in and in past years to enhance our program. With that, thank you. >> Any questions for Mr. >> M? I don't have a question. I haven't seen it yet, so I'll have to see. Uh I think it's great because I will say when people ask me what I do and I explain what we do, there's a lot of people that don't realize the racing is going on down here. >> Yeah, I know. >> So, it's good to get out. >> I understand that. Yes. Thank you. Thank you, commissioners. >> Thank you. >> That That is true, Commissioner O'Brien. They Their eyes always get big. >> Um George, you had a good introduction. >> I don't know if I can follow it up. >> All right. Welcome. >> Good morning, commission. I'm George Duch. I'm vice president of the S Soom. live in Northfor, Massachusetts and want to give our full support behind Plane Ridge to continue what they've been doing and letting us grow our program, keeping green space open. We've got more brood May every year. We keep adding to it and with the guarantee that they're going to be open, we can keep advertising and get outside people to join in and get more mayors in the state and keep the green space going and everything going for harness racing. >> Thank you. >> Thanks. Thank you. I'll also note you have a beautiful town hall down there, too. >> Um, >> oh, we've gotten to Dale. >> Dale, I set my calendar by uh by seeing you every October. >> I set my speech for 30 seconds. Um, uh, thank you, Steve, for inviting me. I feel very honored speaking in front of the gaming commission. I'm a little nervous too, but I'm glad Nor's not here. So, it's all I can say. So, my name for Mr. North was Mr. Northg. I'm not gonna try to pronounce his name, but Steve Old Tool. I mean, it was the town of ministry. I made sure he told me that five times. Um, they're a great organization up there. You pick up the phone, Steve answers. Um, >> just a great crew up there and I really appreciate your support to continue along for another year. And uh see that was very quick and I appreciate your vote for yes to approve this license. Okay. And I'm sure there's no questions for me. >> That was under 30 seconds. Well done, sir. >> D I'm disappointed. I expected to get Griswald. >> Um All right. The next one on the list. Um I hope I'm getting the title right. Sergeant uh Gears. >> All right. That's the best as I can do. Good morning, commissioners. Uh my name is Chad Cers. I work for the Plaino Police Department. Uh Chief Lloyd sends his apologies. He's out of town at a conference this week. Uh he wanted me to convey to you that we don't have many issues up at the Plainage Park Casino. Any issues that do arise, resolve themselves through the strong partnership we have with Steve Oul. Uh the police department is in um support of this application. >> Thank you. >> Thank you. And are you I do see that I got the C confused with the G. I apologize. All right. Were there anyone anybody else that has anything to say? We have some time. All right. Seeing no additional particip Oh, we we have to we will give uh does PL do you have any closing statement? I told you I would give you that opportunity. I just like to formally thank everyone who came out today to uh say a few words. Uh thank all of you for uh coming today uh full board. We really appreciate that and uh you know we hope to continue on uh uh keeping up our commitment to the town and and to you and to uh the racing community. Um really happy to be here for one more year. I certain every year that I'm getting a little bit older and might not be here, you know, >> a little bit wiser. >> Yep. But, uh, you know, looks like, uh, looks like I'm here for at least another couple years. So, um, thank you very much for coming out. Appreciate it. >> Commissioners, any questions, comments? >> All right. Seeing no additional participants and hearing no other requests to provide substantive comments to the commission regarding PGR's racing application, we will now close this hearing. Thank you for your time and contributions today. Um, commissioners, do we have any other business or commissioner updates? >> Do we have a motion to adjurnn? >> So moved. >> Second. >> I'll give that to you. >> All right. Commissioner O'Brien. >> I. >> Commissioner Hill. >> I. >> Commissioner Skinner. >> I. >> Commissioner Broer. >> Yes. >> And I vote yes. 5-0. Thank you everyone.