| 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. |