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B. If the population of the region is less than 300,000, | based on the 1990 U.S. Census, conducted racing on more than | 25 days in each of the previous 2 calendar years, except that | if a racetrack that qualifies as a commercial track under this | paragraph ceases operation, a separate racetrack operated by | the owner or operator of the racetrack that ceased operation | qualifies as a commercial track, and for all purposes is | considered the same commercial track as the track that ceased | operation, if the population of the region of that separate | racetrack is less than 300,000, based on the 1990 U.S. Census, | and the sum of the number of days on which racing was | conducted at the track that ceased operation and the number of | days on which racing was conducted at the separate racetrack | equals at least 26 days in each of the 2 preceding calendar | years. |
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| | Sec. 11. 8 MRSA §275-B, sub-§1, as enacted by PL 1993, c. 388, §8, is | amended to read: |
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| | 1. Racetracks. A person licensed pursuant to section 271 to | conduct harness horse racing with pari-mutuel betting may sell | pari-mutuel pools and common pari-mutuel pools for simulcast | races.__The seller must be within the enclosure of the racetrack | where the licensed race or race meet is conducted. |
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| | Sec. 12. 8 MRSA §275-D, sub-§3, as amended by PL 1997, c. 528, §20, | is further amended to read: |
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| | 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 |
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