IN Code § 6-9-1-6.5 (2021)
2021 Indiana Code|Title 6. Taxation|Article 9. Innkeeper's Taxes; Other Local Taxes|Chapter 1. St. Joseph County Innkeeper's Tax|6-9-1-6.5. Tourism Capital Investment Fund

Sec. 6.5. (a) As used in this section, "fund" means the tourism capital investment fund.(b) If the county fiscal body adopts an ordinance to increase the tax rate under section 5(b) of this chapter, the fund is established for the purpose of investing money in projects that aim to enhance and expand tourism in St. Joseph County. The board of managers shall administer the fund, including establishing an application process that provides applicants with an opportunity to acquire investment money from the board of managers.(c) The board of managers shall establish a point scoring system that scores each application based upon a project's likelihood of successfully enhancing and expanding tourism in St. Joseph County. Investment money must be awarded on a sliding scale in proportion to a project's direct ability to generate overnight lodging in the hotel motel industry of St. Joseph County. When reviewing an application, the board of managers may consider the following criteria:(1) A project's overall economic impact on the St. Joseph County community, including the project's ability to complement existing attractions or tourism opportunities.(2) The scale of a project.(3) The need for a particular project in St. Joseph County.(4) The established or estimated timeline of a project, including a proposed date that a project will be completed.(5) The potential for a project to provide sustainable and long term benefits.(6) The estimated number of annual visitors the project will bring to St. Joseph County.(7) Whether an applicant is a private-public partnership or a nonprofit organization.(8) Any other information provided by an applicant or requested by the board of managers.(d) The county treasurer, after collecting the tax revenue in accordance with section 5 of this chapter, shall quarterly deposit tax revenue in the fund as follows:(1) If the county fiscal body adopts an ordinance to increase the tax rate imposed under this chapter to a rate of more than six percent (6%), but less than eight percent (8%), fifty percent (50%) of the amount of revenue that is attributable to the increased tax rate.(2) If the county fiscal body adopts an ordinance to increase the tax rate imposed under this chapter to a rate of eight percent (8%), the amount of revenue collected as a result of a one percent (1%) rate.(e) In addition to subsection (d)(1) or (d)(2), as applicable, the following apply:(1) If section 6.2 of this chapter expires, the county treasurer, after collecting the tax revenue in accordance with section 5 of this chapter, shall quarterly deposit tax revenue in the fund as follows:(A) If the tax is imposed at a rate of six percent (6%), sixty percent (60%) of the amount of revenue collected as a result of a one percent (1%) rate.(B) If the county fiscal body adopts an ordinance to increase the tax rate imposed under this chapter to a rate of more than six percent (6%), but less than eight percent (8%), the sum of:(i) twenty percent (20%) of the amount of revenue that is attributable to the increased tax rate; plus(ii) sixty percent (60%) of the amount of revenue collected as a result of a one percent (1%) rate.(C) If the county fiscal body adopts an ordinance to increase the tax rate imposed under this chapter to a rate of eight percent (8%), the amount of revenue collected as a result of a one percent (1%) rate.(2) If section 6.3 of this chapter expires, the county treasurer, after collecting the tax revenue in accordance with section 5 of this chapter, shall quarterly deposit tax revenue in the fund as follows:(A) If the tax is imposed at a rate of six percent (6%), forty percent (40%) of the amount of revenue collected as a result of a one percent (1%) rate.(B) If the county fiscal body adopts an ordinance to increase the tax rate imposed under this chapter to a rate of more than six percent (6%), but less than eight percent (8%), the sum of:(i) five percent (5%) of the amount of revenue that is attributable to the increased tax rate; plus(ii) forty percent (40%) of the amount of revenue collected as a result of a one percent (1%) rate.(C) If the county fiscal body adopts an ordinance to increase the tax rate imposed under this chapter to a rate of eight percent (8%), the amount of revenue collected as a result of a one-half of one percent (0.5%) rate.(3) If section 6.4 of this chapter expires, the county treasurer, after collecting the tax revenue in accordance with section 5 of this chapter, shall quarterly deposit tax revenue in the fund as follows:(A) If the county fiscal body adopts an ordinance to increase the tax rate imposed under this chapter to a rate of more than six percent (6%), but less than eight percent (8%), twenty-five percent (25%) of the amount of revenue that is attributable to the increased tax rate.(B) If the county fiscal body adopts an ordinance to increase the tax rate imposed under this chapter to a rate of eight percent (8%), the amount of revenue collected as a result of a one-half of one percent (0.5%) rate.(f) To be eligible for investment money, an applicant must do the following:(1) The applicant must demonstrate to the board of managers that the applicant has the capability of securing an amount of the applicant's own source revenue that must be an acceptable proportion to the board of managers relative to the amount of money requested in an application submitted under this section.(2) As specified and agreed upon by the parties, the applicant and board of managers must enter into an agreement, before the board of managers awards investment money to an applicant under this chapter, that at a minimum requires that the applicant:(A) use the applicant's own source revenue to support the project; and(B) refund a percentage of investment money awarded under this section if a project is discontinued.(3) The applicant must provide the following information in an application submitted to the board of managers:(A) A thorough plan for the project, including a detailed analysis that demonstrates the project's strengths, weaknesses, opportunities, and potential hindrances.(B) A project's goals and a plan to achieve those goals.(C) An overall market analysis, including the target market and expected visitor attraction.(D) Plans to market and promote a project.(E) A proposed budget for a project, including identifying potential funding sources or partners.(F) Proposed benefits expected from a project, in addition to forecasted visitor attraction so that the board of managers may determine whether a project proposes a sustainable and long term benefit.(G) Any feasability study completed to determine the need, opportunity, scope, and impact of a project.(H) A list of all owners, equity partners, or significant operating partners affiliated with a project.(g) Investment money awarded under this section may not be used to:(1) pay maintenance or administrative expenses related to a project; or(2) support projects that do not involve a local unit of government or nonprofit organization.(h) A project that develops, expands, or improves:(1) a sports venue;(2) a convention facility;(3) an arts venue;(4) a tourist attraction;(5) a park; or(6) a college or university;may qualify for investment money under this section.As added by P.L.69-2021, SEC.7.