Gaming Mitigation Fund
FAQs
Eligibility
What kind of links would count for a touring schedule?
The links must show the entity’s independent performing arts work with performances across at least 3 distinct venues/instances over the past 3 years or upcoming 1 year period. This does not have to be a formal touring schedule. It could be in the form of a social media page where they have listed past or upcoming events, the entity’s website if it has a touring section or list of performances, a link to an agreement document that lists the requisite performances (this could be a google drive link, dropbox link, etc.), a specific social media post that lists a touring schedule.
You could also include multiple links if necessary. For instance, if there is no listing of performances from the entity, but there are separate links to 3 events where the entity performed from different venues within the requisite period, this would show a history of touring.
What kind of links would count for a dedicated way of booking?
The links must show that there is a dedicated way for the touring entity to be booked for their independent performing arts work. This could be anything from a link to the entity’s website that shows the contact email for booking inquiries or management (the management must be for the performing arts work, not for other unrelated work), a listing on an artist roster or third-party booking company, or a link to a social media page where the artist has a statement on how to book them (i.e., “click the link in my bio to contact me about booking/performing,” etc.).
What counts as performing arts?
Performing arts are types of art that are live for an audience; examples include but are not limited to dance, music, opera, musical theater, theater, folk/traditional dance, comedy, circus arts and/or storytelling.
Do we need to be a federally recognized Tribal Government to apply?
No, Native American and/or Indigenous organizations may be eligible with other legal statuses as well, including nonprofits and cultural affiliates.
Your eligibility requirements say applicants must “have active 501(c)3 status and nonprofit corporation status according to the Secretary of the Commonwealth (SOC) or registration as a Public Charity with the AGO .” How do I know if my organization has these?
You can check your501(c)3 designation with the Internal Revenue Service to ensure it is currently active and has not been revoked. Check for this designation.
Your organization must also be registered with the Secretary of the Commonwealth (SOC) meaning it is incorporated in MA or incorporated as a Nonprofit Corporation in another state, but registered as a foreign corporation in MA, with a MA legal address. Check for this registration.
If your organization is not registered in the SOC, then it needs to be listed in the Attorney General Office (AGO)’s Public Charities filing database. Check for this listing.
We do not own a building, are we eligible for funding?
Yes, your organization is eligible for funding as long as you meet all the other criteria outlined in the guidelines. We have defined “Performing Arts Center” as an organization that commits 50% or more of their operating expenses to the performing arts.
Calculating Operating Expenses
How do we know if our organization is multidisciplinary?
An organization is considered multidisciplinary if they are not solely dedicated to the performing arts. This means any organization whose operating expenses also go toward other disciplines such as the humanities, health and wellness, social services, visual arts, film and media arts, interpretive sciences, etc. You may speak with Mass Cultural Council staff if you are unsure or have questions.
We are primarily an organization that does performing arts education, would we be considered multidisciplinary?
Typically, no. Performing arts education falls under the umbrella of performing arts, so organizations whose operating expenses are dedicated to both performing arts education and the presentation and production of performing arts still have 100% of their operating expenses dedicated to the performing arts.
We are a multi-disciplinary organization. How should we calculate the dollar amount and percentage of operating expenses we commit to the performing arts?
Ultimately your organization will have to make some decisions about what to include or exclude and/or how to divide overhead costs that are shared across more than one discipline.
- In terms of overhead costs, you might decide to use a percentage of overhead or occupancy costs to calculate the amount proportional to the performing arts programming in your operations. Or, if your facility has designated space for disciplines, you could use the proportion of your facility dedicated to the performing arts. For example, if 40% of your facility is dedicated to performing arts, you could include 40% of occupancy costs, including utilities.
- The application provides a space for you to explain your decisions and reasons and you will upload a document that shows your total expenses and the expenses you categorized as performing arts. We will review the information you submit to see if your decisions and the rationale behind them seem reasonable.
Performances and Artist Fees
What year should I look at when reporting performances?
For the current FY25 Gaming Mitigation Fund application, we are asking you to report performances for your organization’s fiscal year 2023.
We present touring entities in Massachusetts and outside Massachusetts. How should we account for out-of-state performances in the application?
Your total performances should only include performances that take place in Massachusetts that are available to the general public.
What makes something available to the general public?
Performances are considered available to the general public if any member of the public may buy a ticket to the performance. Performances only open to university students, K-12 school groups, corporate groups, or other limited audiences are not considered open to the general public.
Our venue also hosts craft fairs, blood drives, yoga classes, gallery nights, and other events. Do we count those as performances?
No. When you are counting your total performances, you should only count the total number of live presentations of performing arts for an audience. Performing arts can include dance, music, opera, theater, comedy, magic, spoken word, puppetry and circus arts.
Can I count performances that were presented by a producer renting my space as part of the total number of performances? What about the fees paid to those artists?
Yes, you can count shows presented in your venue by a renter in your total performances and number of eligible performances (if applicable) because we recognize those performances are an important component of your business model. However, you cannot count the fees paid to those artists in your Total Fees Paid to Touring Entities because the producer/renter is the one who is paying those fees to the touring entity. You can only include fees that you pay directly to the touring entities.
Can I include virtual performances?
Virtual performances that were presented as a live-stream or pre-recorded and offered at a specific date and time can be counted in your total performances (and in your total number of performances by eligible touring entities if applicable). For example, a pre-recorded symphony concert that was then offered virtually on a specific date and time can be counted in your total performances.
Virtual productions/performances that were only offered on-demand or available to view at the viewer’s discretion should not be counted toward total performances or in performances by eligible touring entities.
Are fundraising events eligible if they include a performance by a touring entity?
If the fundraising event is open to the general public (meaning that anyone could purchase a ticket or attend the event), then it could be included. However, if the fundraising event was limited to members/subscribers only or for other limited groups/admission, then it is not considered open to the general public and should not be included.
Some of the artists in our presented production are not eligible, can I still include the fees for the eligible artists?
If a contract package/agreement with a touring entity includes both eligible and ineligible performances (such as matinees for school groups) the applicant can include the full amount they paid the touring entity for all the performances in the Total Fees Paid to Touring Entities.
If a contract package/agreement only included ineligible performances, then none of the fees paid to that artist can be included in the Total Fees Paid to Touring Entities.
Grant Amounts and Use of Funds
How do you calculate grant amounts?
Funding decisions are made primarily through a formula that considers the following factors, which have equal weight: percent of performances impacted, and total fees paid to touring entities for the eligible performances. Equity impact points (additional weighting to align with Agency goals and priorities) will also be applied.
Percent of Performances Impacted
The percent of performance impacted is the Total number of eligible performances divided by the Total number of performances.
For example, if a performing arts center presents 100 performances a year and 30 of them are eligible performances, then 30% of the performing arts center’s performances would be considered impacted because the eligible performances are those that compete most directly with casinos. The formula allocates more funds to those performing arts centers that have a higher percentage of impacted performances.
Total fees paid to touring entities for the eligible performances
The formula allocates more funds to those performing arts centers that spend more money on touring entities because organizations whose business model relies more heavily on these types of touring entities will be the most impacted by competition with casinos.
Since this is a two-year grant, will my grant amount be the same for both years?
No. Grants are calculated using a formula that looks at the following: percent of performances impacted and total fees paid to touring entities for the eligible performances. The grant amount is recalculated each year, so if either funding factor changes, it may result in changes to the grant amount.
Since this is a two-year grant, will I need to do any kind of reapplication or reporting if awarded?
Grantees will not need to reapply during their award period but will need to complete an annual report for each year that they receive funding.
If my application is approved, what will I need to do to get the funds?
If you are awarded a Gaming Mitigation grant, you will need to complete your contract package in order to receive the funds. You will receive an email notification with instructions on how to complete the contract through the state’s new online DocuSign process. Please see the contracts section on our website for an overview of the contracting process.
What information will be needed to complete the final report and when will it be due?
The Final Report for Year 1 will be due in November 2025. Grantees will need to provide the following information so that we can calculate the grant amount for Year 2:
- 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.
For the 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.
What is the time period in which Gaming Mitigation Fund grants must be spent?
Grant funds may be applied towards fees that have already been paid to touring entities (retroactive) or they can be used to pay fees to upcoming touring entities. For Year 1 funds can be used for eligible expenses paid beginning on July 1, 2024, and grant funds must be entirely spent no later than June 30, 2025. The touring entities’ performance does not have to take place prior to June 30, 2025, but the funds must have been paid to them by that date.
Year 2 funds can be used for eligible expenses paid beginning on July 1, 2025, and grant funds must be entirely spent no later than June 30, 2026. Future Gaming Mitigation Fund grants will not be awarded unless funds have been fully spent by June 30, 2026.
