simulcasting always must be allowed at any commercial track or |
tribal commercial track that conducted at least 136 race dates |
during the immediately preceding 2 calendar years or at an existing |
commercial track as defined in section 275-A, subsection 1, |
paragraph B or tribal commercial track as defined in section 275-A, |
subsection 12 at which at least 35 race dates were conducted during |
the preceding 2 years if the interstate simulcasting at the |
commercial track or tribal commercial track is conducted during the |
regular meeting. For the purposes of this section, any race date |
that the commission determines was canceled due to a natural or |
other disaster must be counted as a race date. For the purposes of |
this section and for the purpose of meeting the requirements of |
section 275-A, subsection 1, any race date that is canceled at a |
commercial race track due to the inability to meet the requirements |
of section 275-A, subsection 9-A because of a horse shortage, as |
verified by the state steward, is counted as a race date. |