Gaming Mitigation Fund

Application Process

The Gaming Mitigation Fund provides two-year grants to Massachusetts performing arts centers to spend on touring shows or touring artist fees.

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Mass Cultural Council is happy to offer alternative formats, auxiliary aids, translation, interpretation, and other services necessary so that any individual can participate in Mass Cultural Council’s programs and services. Contact staff for help. To facilitate your request in a timely manner, please contact us at least two weeks before any Mass Cultural Council event or grant deadline.

How To Apply

Questions? Join our office hours or contact Mass Cultural Council staff.

Program Guidelines

Program Background

The Gaming Mitigation Fund was established by the Commonwealth’s Casino Gaming Law (MGL Section 59 chapter 23K) which provides that 2% of the Commonwealth’s gross gaming tax revenues be transferred to a special statutory fund called the Massachusetts Cultural and Performing Arts Mitigation Trust Fund (herein, the “Fund”) for, among other things, Mass Cultural Council to administer and implement a Gaming Mitigation Fund. This fund aims to mitigate the threat of casinos to the sustainability of nonprofit and municipal performing arts centers in Massachusetts by providing capital to preserve their ability to compete in a new, unbalanced marketplace.

Who Can Apply

To be eligible, all three of the following characteristics (described in-depth below) must be met.

Applicants must:

1. Be one of the following eligible organization types:
   • A nonprofit
   • Municipally owned
   • A cultural affiliate
2. Be a performing arts center
3. Present touring entities

Eligible Organization Types

1. Nonprofit Organizations: that as of the application deadline have active

• • 501(c)3 status with the Internal Revenue Service (IRS).

AND

• • Nonprofit Corporation status according to the Secretary of the Commonwealth (SOC) or registration as a Public Charity with the AGO.

Nonprofit organizations can either be managed by the nonprofit organization itself or by a separate management company.*

2. Municipally Owned Organizations: can either be managed by the municipality or by a separate management company.*

* Organizations managed by a separate management company must have a contract articulating the management responsibilities that is active during the grant contract period (July 1, 2024-June 30, 2025).

The managing company must be a legally recognized 501(c)3 nonprofit or a for-profit managing company. Resort-style or slot parlor casino or for-profit or nonprofit managing companies that operate under the direction of resort-style or slot parlor casinos are not eligible.

3. Cultural Affiliates: This is the name that is given to semi-independent programs that operate under a non-cultural parent organization. Cultural Affiliates can include departments/programs of a Massachusetts:

• • Federally Recognized Tribal Government or State Government (including public colleges or universities).
  • 501(c)3 organization that is not eligible to apply on its own (including private colleges, universities, or conservatories).
  • MA branch/program of a national 501(c)3 organization.

Cultural Affiliates must also manage their own budget and have at least one full-time (min. 30 hours per week) compensated administrative staff position dedicated solely to operation of the cultural entity.

Eligible organizations must ALSO be a Performing Arts Center

For the purposes of this grant, Performing Arts Center is defined as an organization committing 50% or more of their operating expenses to the performing arts. (See the FAQs for more information.)

Eligible organizations must ALSO Present Touring Entities

For the purposes of this grant, touring entities are defined as shows or artists that have independent performing arts work that is generated or produced by the touring entity which they then make available to be booked/hosted/presented for live performances.  

Touring entities can either be presented by the organization or featured as Headliners in a work produced by the organization and must have the following credentials depending on whether the work is presented or produced.

Presented Work Criteria:

• Eligible Touring Entities in presented works must have each of the two (2) following credentials (applicants will need to provide links in the application):
  • A demonstrated history of touring or touring schedule in at least 3 distinct venues/locations over the past 3 years or upcoming 1 year period.
  • A dedicated way of being booked for that independent performing arts work.

Produced Work Criteria:

• Eligible Headliners in a produced work must have each of the following two (2) credentials (applicants will need to provide links in the application):
  • Name recognition that is used as a marketing tool.
  • A history of touring or touring schedule that shows performance as a headliner in a minimum of 3 states (including MA) or internationally in the past 3 years or upcoming 1 year period.

Please see the Application Components & Funding Factors section and FAQs for more information and examples on what to provide in the application for these credentials.

Please Note: Organizations receiving funding from the following Mass Cultural Council programs are not eligible to apply:

• FY25 Cultural Investment Portfolio
• FY25 Operating Grants for Organizations

If you have any questions about whether your organization is eligible for this grant, contact us before starting the application.

Funding Factors & Application Components

Grant amounts will be determined by a formula based on the following funding factors:

• Percent of performances featuring an eligible touring entity
• Total fees paid to eligible touring entities

And will include weighting to align with Agency goals and priorities. Please see the FAQs for more information on the funding formula.

To determine eligibility and gather these funding factors the application asks applicants to complete the following:

• Spreadsheet of Performances in FY23:
  • Total Performances:
    • Live presentations of performing arts that are presented or produced by the organization or by a producer renting the organization’s venue.
    • Performances must take place in Massachusetts and be open to the general public.
  • Performances Featuring an Eligible Touring Entity
    • Links must be provided to show the credentials are met for either a Presented Touring Entity or a Headliner.
    • Examples can include but are not limited to:
      • Touring History or Schedule: Link to social media that shows applicable performances, part of a contract or agreement that list other touring dates/performances, a touring section of a website, an artist roster that lists performances
      • Dedicated way of being booked: Artist representation/management, inclusion on an artist roster, dedicated booking or inquiry email (ex. Booking@band.org), in-house booking or touring manager, statement of how to book the entity listed on social media
      • Name Recognition used as a marketing tool: Listed as featured, guest, special guest, etc., social media posts, press releases, news articles, etc. showing active promotion of the show through the Headliner

• Operating and Financial Information:
  • Total Operating Expenses for FY23 (multidisciplinary organizations will be asked to upload a budget showing the percentage of expenses dedicated to the performing arts)
  • Total fees paid to eligible touring entities that are listed on the Spreadsheet of Performances in FY23. This should include only the following cash expenses:
    • Payments made directly to the touring entity from the organization including bonuses and percentages
    • Payments made directly from the organization to a third-party booking organization used to book the touring entity
    • Housing costs for the touring entity for in-person performances
    • Travel costs for the touring entity for in-person performances
  • Ineligible expenses that should not be included:
    • In-kind expenses
    • Any fees paid to the touring entity by a producer renting the applicant organization’s venue
    • Any fees for performances that are not included in the total eligible performances listed on the spreadsheet

Application Review Process

Applications are first reviewed by staff to confirm eligibility. Eligible applications are then reviewed by staff to confirm formula components are correct.

Staff will contact applicants that need to correct or edit their submission if any errors are discovered. The applicant will be given a deadline to resubmit the corrected application. If the applicant fails to do so, the applicant will not be moved forward. Applications without issue and corrected applications will then be moved into formula consideration where equity impact points will be applied and funding amounts determined.

The maximum grant amount and the minimum grant size needed to qualify for funding will be determined after the applications are submitted. Any caps or minimums that are set will be determined depending on the amount of funding available, the number of applicants to the pool, and the need to target funding to those most directly impacted by the operation of resort-style casinos.  Not all eligible applicants are guaranteed funding.

Funding Period

Successful applicants are eligible to receive funding for a two-year period:

• Year 1: Funding period July 1, 2024 – June 30, 2025
• Year 2: Funding period July 1, 2025 – June 30, 2026

All awards are contingent upon Mass Cultural Council’s allocation and receipt of sufficient funds from the Massachusetts Cultural and Performing Arts Mitigation Trust Fund. The award amount may increase or decrease during each of the two years depending on those funding levels.

Grantees that fail to submit their Year-1 Final Report will not be eligible for a second year of funding.

Timeline

November 12, 2024: Online application opens

November 19, 2024: Information session. (The session will be recorded and made available online and will be supplemented with weekly office hours.)

December 19, 2024: Suggested deadline to request accommodations or translation services

January 9, 2025: Applications due by 11:59pm (ET)

February 2025: Email award notifications sent to grantees

November 2025: Year-1 Final Report Due.

Late January/Early February 2026: Email award notifications sent to grantees for Year-2 of award.

June 2026: Year-2 Final Report Due.

Use of Funds

Grant funds must be spent on fees paid to touring entities, which aligns with the fees reported on in the application and used to calculate award amounts.

Only the following cash expenses can be covered by grant funds:

• Payments made directly to the touring entity from the organization including bonuses and percentages.
• Payments made directly from the organization to a third-party booking company used to book the touring entity.
• Housing costs for the touring entity for in-person performances.
• Travel costs for the touring entity for in-person performances.

Grant Payment

If the grantee is a nonprofit:
The grant will be made to the nonprofit unless there is a separate managing entity.

In the case of a nonprofit with a separate managing entity, the payment will be made to the organization responsible for paying the touring entity, which is typically the managing entity.

If the grantee is municipally owned:
The grant will be made to the municipality that owns the performing arts center with the requirement that the funds must be used to subsidize fees paid to touring entities at the municipally owned performing arts center.

If the grantee is a cultural affiliate:
The grant will be made to the parent organization, but the funds must be used to subsidize fees paid to touring entities at the cultural affiliate.

Grant Requirements

Mass Cultural Council may apply a contract hold, penalty, or restriction if the grantee is not in compliance with necessary grant requirements. Grantees that do not meet annual requirements may not be eligible in subsequent grant years. Grant requirements include:

Year-1 Final Report

Grantees are required to submit a report in November 2025 that includes the information required to calculate award amounts for the second year of the grant:

• Spreadsheet of Performances in FY24
• Operating and Financial Information

If the grantee fails to submit the Year-1 Final Report, they will not receive the second year of funding in FY26.

Year-2 Final Report
Grantees will be expected to complete a simple final report describing the use of their grant funds in June 2026, for legislative reporting and advocacy purposes.

Acknowledgement of Funding
Grant recipients are required to credit Mass Cultural Council for funding. Attachment D of your contract package or the online Credit and Publicity Kit has more details.

Additionally, Mass Cultural Council has the right to withhold, reduce, discontinue funding, or apply restrictions to the use of grant funds if a grantee:

• Intentionally misrepresents its finances, programming, or other eligibility requirements.
• Does not notify Mass Cultural Council of significant organizational changes.
• Cannot carry out stated mission.
• Demonstrates inadequate financial management and oversight.

In cases where a grantee experiences serious organizational capacity issues, Mass Cultural Council will attempt to work with that organization to address the challenge.

Legal and Other Requirements

Accessibility and Non-Discrimination Policy

Mass Cultural Council is committed to ensure that all programs, services, policies, and practices will be formulated and conducted in a manner which will ensure equal access for all people and prevent discrimination not only as a matter of law, but also as a policy designed to encourage the participation of all segments of the Commonwealth’s population in Mass Cultural Council programs and services.

 

Mass Cultural Council is happy to offer applicants/grantees alternative formats, auxiliary aids, and services necessary so that any individual can participate in the Mass Cultural Council’s programs and services. Contact our staff for help. To facilitate your request in a timely manner, please contact us at least three weeks before any Mass Cultural Council event or grant deadline.

 

Mass Cultural Council is dedicated to creating a workplace, programs, and services that welcome, respect, and value people of all races, color, age, sex, ethnicity, sexual orientation, gender identity, religions, creeds, ancestry, national origin, disability, and veteran status. Mass Cultural Council will not fund any organization or program that discriminates based on these attributes. We strive to reflect diversity in all activities, programs, and services removing any barriers to accessibility. Mass Cultural Council and its grantees are expected to comply with:

• The Americans with Disabilities Act of 1990 (ADA)
• Section 504 of the Rehabilitation Act of 1973 (Section 504)
• Title VI of the Civil Rights Act of 1964

Mass Cultural Council’s grantees sign a contract (see contract requirements) certifying that they will comply with ADA and Section 504. Mass Cultural Council aims to help grantees understand their obligations and recognize the opportunities that increasing access can support both the public and the grantee. Additional information about Mass Cultural Council’s Accessibility Requirements and Compliance Tools for Grantees are located in our Access Policy.

Reconsideration Policy

An applicant may request reconsideration of a Mass Cultural Council decision if the applicant can demonstrate that Mass Cultural Council did not follow published guidelines and procedures. Dissatisfaction with the denial of an award or the award amount does not constitute grounds for reconsideration.

A written request must be sent to the Mass Cultural Council’s Executive Director within 30 days of the date of notification of the decision. Such requests will be reviewed by the Mass Cultural Council Grants Committee and the governing Council.

Grants Management System

All applicants should submit their applications through the grants management system. After you log in, the application is located under “Current Funding Opportunities”. If you have not applied to Mass Cultural Council before on behalf of your organization and/or do not already have a user profile, you must register in the grants management system.

• Go to the grants management system and click “Register”.
• On the next page select “Organization”.
• Your organization may already exist in our system. Use the “Organization Name” search to find it. If you cannot find your organization in the list, you must register your organization in our system.
• After completing the registration, you should receive an email from “MassCultural_noreply@smartsimple.com” to activate your account.
• Please activate your account within 48 hours.

If you have previously applied for a Mass Cultural Council grant using your email address, you may have a profile in the system already. Here’s how you can check:

• Go to the online system and click “Forgot Password”.
• Once you submit your email address, you will receive an email from “MassCultural_noreply@smartsimple.com” with a link to reset your password. The link is active for 48 hours.
• If you do not receive an email, you do not have an account and you should create one using the instructions above.

Contact the grants help desk if you have questions about your account.

 

Proceed to the Online Application