QUALIFICATIONS FOR ISSUANCE OF RACETRACK LICENSE

(a) The commission may issue a racetrack license to a qualified person if the commission: (1) determines that the conduct of race meetings at the proposed racetrack and location: (A) will be in the public interest; (B) complies with all zoning laws; and (C) complies with this subtitle and commission rules; and (2) determines by clear and convincing evidence that the applicant will comply with all criminal laws of this state. (b) In determining whether to grant or deny an application for any class of racetrack license, the commission may consider: (1) the applicant's financial stability; (2) the applicant's resources for supplementing the purses for races for various breeds; (3) the location of the proposed racetrack; (4) the effect of the proposed racetrack on traffic flow; (5) facilities for patrons and occupational license holders; (6) facilities for race animals; (7) availability to the racetrack of support services and emergency services; (8) the experience of the applicant's employees; (9) the potential for conflict with other licensed race meetings; (10) the anticipated effect of the race meeting on the horse or greyhound breeding industry in this state; and (11) the anticipated effect of the race meeting on the state and local economy from tourism, increased employment, and other sources. (c) The commission shall make a determination on a pending application not later than the 120th day after the date the commission provides the notice required under Section 2025.058.