2023 New York Laws › GMU - General Municipal › Article 18-A - Industrial Development › Title 1 - Agencies, Organization and Powers › 862 - Restrictions on Funds of the Agency.

§ 862. Restrictions on funds of the agency. (1) No funds of the agency
shall  be used in respect of any project if the completion thereof would
result in the removal of an industrial or  manufacturing  plant  of  the
project occupant from one area of the state to another area of the state
or in the abandonment of one or more plants or facilities of the project
occupant  located  within  the  state,  provided,  however, that neither
restriction shall apply if the agency shall determine on  the  basis  of
the  application  before  it that the project is reasonably necessary to
discourage the project  occupant  from  removing  such  other  plant  or
facility  to  a location outside the state or is reasonably necessary to
preserve the  competitive  position  of  the  project  occupant  in  its
respective industry.
(2)  (a)  Except  as provided in paragraph (b) of this subdivision, no
financial assistance of the agency shall be provided in respect  of  any
project  where  facilities or property that are primarily used in making
retail  sales  to  customers  who  personally  visit   such   facilities
constitute  more  than  one-third  of  the  total  project cost. For the
purposes of this article, "retail sales" shall  mean:  (i)  sales  by  a
registered  vendor  under  article twenty-eight of the tax law primarily
engaged in the retail sale of tangible personal property, as defined  in
subparagraph  (i) of paragraph four of subdivision (b) of section eleven
hundred one of the  tax  law;  or  (ii)  sales  of  a  service  to  such
customers.  Except, however, that tourism destination projects shall not
be prohibited by this subdivision. For the purpose  of  this  paragraph,
"tourism  destination" shall mean a location or facility which is likely
to attract a significant number of visitors from  outside  the  economic
development  region  as established by section two hundred thirty of the
economic development law, in which the project is located.
(b)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this
subdivision, financial assistance may, however, be provided to a project
where  facilities  or  property that are primarily used in making retail
sales of goods or  services  to  customers  who  personally  visit  such
facilities  to  obtain  such  goods  or  services  constitute  more than
one-third of the total project cost, where: (i) the predominant  purpose
of  the project would be to make available goods or services which would
not, but for the project, be reasonably accessible to the  residents  of
the  city,  town,  or village within which the proposed project would be
located  because  of  a  lack  of  reasonably  accessible  retail  trade
facilities  offering  such  goods  or  services;  or (ii) the project is
located in a highly distressed area.
(c) With respect to projects authorized pursuant to paragraph  (b)  of
this  subdivision,  no project shall be approved unless the agency shall
find  after  the  public  hearing  required  by  section  eight  hundred
fifty-nine-a  of  this title that undertaking the project will serve the
public purposes of this article by preserving permanent, private  sector
jobs  or increasing the overall number of permanent, private sector jobs
in the state. Where the agency makes such a finding, prior to  providing
financial  assistance  to the project by the agency, the chief executive
officer of the municipality for whose benefit  the  agency  was  created
shall confirm the proposed action of the agency.