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.

3.__Conditions on increase.__An off-track betting facility may not increase the number of terminals over 200 unless either:

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;

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

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.

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