| 3. Notice to commercial racetracks or tribal commercial |
tracks; objections. An applicant shall send written notice of |
its application for an off-track betting license to any |
commercial racetrack or tribal commercial track 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 or tribal commercial track 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 or tribal 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 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. |