| 3. Notice to commercial racetracks; objections. An |
| applicant shall send written notice of its application for an |
| off-track betting license to any commercial racetrack in whose |
| market area the facility will be located and shall present |
| proof to the commission that it has provided the notice. The |
| notice must include all information contained in the |
| application except information described in subsection 2, |
| paragraph Q. A commercial racetrack shall notify the |
| commission within 30 days of receiving notice if the racetrack |
| objects to the location of the facility based on adverse |
| impact to the commercial track. The commission shall suspend |
| consideration of the application for the 30-day objection |
| period. If the commission receives an objection from a |
| racetrack in whose market area the facility would be located |
| within the 30-day period, the commission shall reject the |
| application. If the commission does not receive an objection |
| within that period, the commission may proceed to consider the |
application. For purposes of this section, the market area is |
the area within a 50-mile radius of the commercial racetrack |
| subsection, the market area is determined by measuring a |
| distance of 50 miles from the center of the racetrack along |
| the most commonly used roadway adjacent to the racetrack, as |
| determined by the Department of Transportation, drawing a |
| circle around the center of the racetrack using that 50-mile |
| measurement and excluding those municipalities or unorganized |
| territories that do not have boundaries contained entirely by |
| that circle. |
