Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-32 - GEORGIA TOURISM DEVELOPMENT ACT PROGRAM › Subject 110-32-1 - GEORGIA TOURISM DEVELOPMENT ACT PROGRAM › Rule 110-32-1-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) "Agreement" is
				defined in O.C.G.A §
									48-8-271(1)  as an
				agreement between the Department of Community Affairs and an approved company
				pursuant to Code Section §
									48-8-275. Any Agreement is for
				content only. Such Agreement does not constitute approval of all items within
				the application or project plan. Any sales and use tax refunds authorized by an
				Agreement are subject to the review and recommendation for approval or
				ineligibility by the DOR.
(2)
				"Annual Sales and Use Tax" is defined at O.C.G.A §
									48-8-271(2)  as
				state and local sales and use taxes generated by sales to the general public at
				the approved tourism attraction during the calendar year immediately preceding
				the date of filing the sales and use tax refund claim. The Sales and Use Tax
				definitions within Chapter 8 of Title 48 of the Official Code of Georgia
				Annotated along with applicable regulations promulgated by the Department of
				Revenue may be used to assist decisions.
(3) "Applicant" means the entity (including,
				without limitation, any public development authority) that has submitted an
				application to undertake a tourism attraction project and become the Approved
				Company pursuant to O.C.G.A §
									48-8-271(3).
(4) "Complete Application" means a complete
				written proposal and site plan in a format prescribed by the Department where
				the Application and Processing Fee has been paid, where the application
				contains approved local government resolutions, public hearing notices and
				minutes, all required information, data, criteria and other documentation as
				described in section
				110-32-1-.03 of this regulation. A
				Complete Application does not include the Independent Consultants Report which
				shall be provided by the Applicant through an Independent Consultant retained
				by the Department.
(5) "Approved
				Tourism Attraction" is defined at O.C.G.A §
									48-8-271(5)  as a
				tourism attraction approved by the Commissioner of the Department of Economic
				Development and Commissioner of the Department of Community Affairs pursuant to
				O.C.G.A §
									48-8-274 and has since opened to
				the public and become operational as a tourism attraction.
(6) "Approved Company" is defined at O.C.G.A
				§
									48-8-271(3)  as
				any Applicant that is approved, pursuant to O.C.G.A §
									48-8-274, by the Commissioner of
				the Department of Economic Development and Commissioner of the Department of
				Community Affairs. For each Approved Tourism Attraction Project, there may be
				only one Approved Company. In addition, this definition shall be used for
				purposes of implementing O.C.G.A §
									48-8-273(f)
				 related to the restriction on an Approved
				Company's simultaneous receipt of the Sales and Use Tax refund under the Act
				while receiving other State Tax Incentives as outlined in section
				110-32-1-.02(15)
				of this regulation.
(7) "Approved
				Costs" is defined at O.C.G.A §
									48-8-271(4)  as :
a) For new tourism attractions:
i obligations incurred for labor and to
				vendors, contractors, subcontractors, builders, suppliers, deliverymen, and
				materialmen in connection with the acquisition, construction, equipping, and
				installation of a new tourism attraction project;
ii the costs of acquiring real property or
				rights in real property and any costs incidental thereto;
iii all costs for construction materials and
				equipment installed at the new tourism attraction project;
iv the cost of contract bonds and of
				insurance of all kinds that may be required or necessary during the course of
				the acquisition, construction, equipping, and installation of a new tourism
				attraction project which is not paid by the vendor, supplier, deliveryman, or
				contractor or otherwise provided;
v
				all costs of architectural and engineering services, including but not limited
				to estimates, plans and specifications, preliminary investigations, and
				supervision of construction and installation, as well as for the performance of
				all the duties required by or consequent to the acquisition, construction,
				equipping, and installation of a new tourism attraction project;
vi all costs required to be paid under the
				terms of any contract for the acquisition, construction, equipping, and
				installation of a new tourism attraction project;
vii all costs required for the installation
				of utilities, including but not limited to water, sewer, sewage treatment, gas,
				electricity, communications, and similar facilities; and off-site construction
				of utility extensions if paid for by the approved company; and
viii all other costs which the Department of
				Community Affairs determines are comparable with those described in this
				subsection; or