TITLE 48 REVENUE AND TAXATION

Section 8. Sales and Use Taxes, 48-8-1 through 48-8-278.

ARTICLE 6 GEORGIA TOURISM DEVELOPMENT

48-8-274. Standards for filing tourism attraction project applications; analysis of projects by independent consultants; conditions of eligibility and approval.

1. The commissioner of community affairs, in consultation with other appropriate state agencies, shall establish standards for the filing of an application for tourism attraction projects by the promulgation of administrative regulations.
2. In addition to any standards set forth pursuant to subsection (a) of this Code section, an application for a tourism attraction project filed with the Department of Community Affairs shall include:
   1. Marketing plans for the tourism attraction that target individuals who are not residents of this state;
   2. A description and location of the tourism attraction project;
   3. Capital and other specific expenditures for the tourism attraction project and the anticipated sources of funding for such project;
   4. The anticipated employment and wages to be paid at the tourism attraction;
   5. Business plans that indicate the average number of days in a year in which the tourism attraction will be in operation and open to the public;
   6. The anticipated revenues to be generated by the tourism attraction; and
   7. Resolutions from the governing authority of the county or the city, if any, in which the tourism attraction will be located endorsing the tourism attraction project and, where applicable, including appropriate affirmative clauses regarding permitting, land use, local incentives, and the provision of local public infrastructure.
3. Following the filing of the application, the Department of Community Affairs shall submit the application to an independent consultant who shall perform an in depth analysis of the proposed project. All costs associated with such application and analysis shall be paid for by the approved company.
4. The commissioner of economic development and the commissioner of community affairs may grant approval to the tourism attraction project if the project shall:
   1. Have approved costs in excess of $1 million and such project is to be a tourism attraction;
   2. Have a significant and positive economic impact on the state considering, among other factors, the extent to which the tourism attraction project will compete directly with tourism attractions in this state;
   3. Produce sufficient revenues and public demand to be operating and open to the public for a minimum of 100 days per year, including the first year of operation;
   4. Not adversely affect existing employment in this state; and
   5. For each year following the third year of operation, attract a minimum of 25 percent of its visitors from nonresidents of this state.

(Code 1981, §48-8-274, enacted by Ga. L. 2011, p. 302, § 2/HB 234; Ga. L. 2013, p. 243, § 9/HB 318.)