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operate a commercial track, within the meaning of Title 8, | section 275-A, and may issue a license to any person who, prior | to January 1, 2003, has been licensed to operate an off-track | betting facility. |
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| | 2.__Terminals.__The license under subsection 1 must specify | the maximum number of video lottery terminals that the | licensee may operate on its premises.__In the case of a | commercial track within the meaning of Title 8, section 275-A, | subsection 1, paragraph A, that number must be 1,500 unless | the commission finds that the commercial track will not, in a | reasonable period of time and in the licensee's opinion, be | able to accommodate 1,500 video lottery terminals.__In the | case of a commercial track within the meaning of Title 8, | section 275-A, subsection 1, paragraph B, that number must be | 1,000 unless the commission finds that the commercial track | will not, in a reasonable period of time and in the licensee's | opinion, be able to accommodate 1,000 video lottery terminals.__ | In the case of an off-track betting facility, the number must | be 200, unless the commission finds that the off-track betting | facility will not, in the licensee's opinion, be able to | accommodate 200 video lottery terminals.__Except as expressly | provided otherwise in this chapter, the number of video | lottery terminals may be increased upon subsequent application | to the commission, which shall consider, among other relevant | criteria, the relative market success of the licensee and the | usage history of the licensee's existing video lottery | terminals. |
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| | 3.__Conditions on increase.__An off-track betting facility | may not increase the number of terminals over 200 unless | either: |
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| A.__The licensee under subsection 1 has obtained the prior | consent of all commercial tracks located within 60 miles | of the off-track betting facility; |
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| B.__The licensee under subsection 1 will not, after the | increase, have more than 20% of the number of video | lottery terminals of the commercial racetrack located | nearest to that licensee if that track is a commercial | track under Title 8, section 275-A, subsection 1, | paragraph B; or |
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| C.__The licensee under subsection 1 will may not, after | the increase, have more than 14% of the number of | terminals of the commercial track located nearest to that | licensee if that track is a commercial track under Title | 8, section 275-A, subsection 1, paragraph A. |
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| | 4.__Restrictions on terminals for commercial tracks and off- | track betting facilities in close proximity.__Notwithstanding | subsection 3, if a commercial track is or comes to be located |
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