| 4. Notice to off-track betting facilities; objections. An |
applicant shall send written notice of its application for an |
off-track betting license to any existing off-track betting |
facility in whose market area the proposed 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. An existing off-track betting |
facility shall notify the commission within 30 days of |
receiving notice if the facility objects to the location of |
the proposed facility. The commission shall suspend |
consideration of the application for the 30-day objection |
period. If the commission receives an objection from an off- |
track betting facility 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 35-mile radius of the off- |
track betting facility subsection, the market area is |
determined by measuring a distance of 35 miles from the off- |
track betting facility along the most commonly used roadway |
adjacent to the off-track betting facility, as determined by |
the Department of Transportation, drawing a circle around the |
center of the off-track betting facility using that 35-mile |
measurement and excluding those municipalities or unorganized |
territories that do not have boundaries contained entirely by |
that circle. |