Ga. Comp. R. & Regs. R. 110-32-1-.03 - Application Process
(1)
Eligible Applicants include those entities listed at section
110-32-1-.02(3)
which are undertaking an eligible Project as described in section
110-32-1-.02(19)
that will have Approved Costs in excess of $1 million which result an eligible
Tourism Attraction as described in section
110-32-1-.02(7) of
these regulations.
(2)
Pre-Application Assistance - Should a potential applicant and/or local
government wish to have a potential project assessed for general eligibility
prior to paying the application fee, consultant fee, and submitting the formal
application, the potential applicant may submit a pre-application for a
preliminary assessment letter.
(3)
Application Submission -- Applicants must first submit their application to the
governing authority of the city or county in which the Tourism Attraction will
be located, as specified in O.C.G.A. section
48-8-273(h).
Following a local public hearing to obtain public comments, upon approval of
the Tourism Attraction and Project by resolution of the proper local
government, the Applicant must submit the application and three copies with
three maps to the Department, with supporting documentation and the approval or
endorsement resolution from the local government as appropriate, in a format
prescribed by the Department. Applications may be submitted in writing to the
Department at:
Georgia Department of Community Affairs
Attn: Georgia Tourism Development Act Projects
Community Development & Financial Assistance Division
60 Executive Park South, NE
Atlanta, Georgia 30329-2231
or via the web at www.dca.ga.gov.
(4) Application Fee -- A nonrefundable
application and processing fee of one-half of one percent (0.50%) of the
proposed cumulative annual total sales tax rebate amount or $10,000, whichever
is less is required with each application. Applicants should include payment
for such amount, made out to the Georgia Department of Community Affairs, with
its application.
(5) Application
Format - The initial form of the "Application" which may be revised from time
to time by the Department may be inspected, copied or obtained at the
Department of Community Affairs, 60 Executive Park South, NE, Atlanta, GA
30329; (404) 679-4940 or downloaded from the Department's website at
www.dca.ga.gov.
(6) Application Review - The Department's
review shall consist of an examination and analysis of the following
information to include, but not be limited to:
a) Applicant name, address, phone number,
website address and e-mail address, contact person and federal employer tax
identification number;
b)
Ownership, form of organization of Applicant, resumes for principals of the
applicant and evidence that Applicant is legally in good standing to do
business in Georgia;
c) Attorney
for applicant, including address, phone number and e-mail address;
d) Accountant for applicant, including
address, phone number and e-mail address;
e) Approval and endorsement resolution(s)
from the proper local government as appropriate;
i. For local governments that propose the use
of LOST or SPLOST revenues, there must be specific language in a resolution
committing those resources along with language specifying that the intended
uses align with any authorizing referendum for the LOST or SPLOST.
f) A description and location of
the Tourism Attraction Project, including evidence of compliance with zoning
and land use development regulations;
g) A copy of the local public hearing notice
and minutes from the hearing(s);
h)
An easily legible site plan or map that contains a title and legend that
clearly identifies the Project along with the local government's name, date of
map preparation, scale shown graphically, name and contact information of the
Applicant, and all facilities and buildings contained or proposed within the
Tourism Attraction's legal boundaries.
i) Marketing plans for the tourism attraction
project, including details regarding the plans to target individuals who are
not residents of this state. The marketing plans should also include an
affirmation agreeing to cooperate with the Independent Consultant's analysis of
the market and supply all requested data.
j) Certified Cost Estimate and/or
Construction Contract(s) with specifications for the Tourism Attraction
Project, including address, phone number and e-mail address, and contact
person;
k) Total number of
permanent jobs projected to be created, including anticipated wages to be paid,
(i) upon completion of the tourism attraction project, (ii) within two (2)
years after completion of the tourism attraction project and (iii) within five
(5) years after completion of the tourism attraction project;
l) Business plans which indicate (i) months
of the year and (ii) the average number of days in a year in which the tourism
attraction project will be in operation and open to the public;
m) Five (5) year attendance projections for
the Tourism Attraction Project, including projected visitors from nonresidents
of this state;
n) For expansion of
existing tourism attractions, five (5) year history of attendance at tourism
attraction project, including estimated visitors from nonresidents of this
state;
o) The anticipated revenues
to be generated by the tourism attraction project, including
(i) ten (10) year estimated state and local
sales tax generated by sales to the general public at the approved tourism
attractionand
(ii) ten (10) year
estimated additional revenue the tourism attraction project will generate to
the local community;
p)
Estimated state and local sales tax generated by sales to the general public
during the first three (3) fiscal years after commencement of operations of the
tourism attraction project;
q) For
expansion of existing tourism attractions, (i) state and local sales tax
collected for the past three (3) fiscal years and (ii) federal and state income
tax liability of the Applicant for the past three (3) fiscal years.
r) For all proposed projects, the applicant
must include a description and documentation to assist the state in its
analysis related to section
110-32-1-.02(9) of
this regulation. For all proposed costs, the applicant must segment and explain
the specific costs as either "Expansion Costs" or "Renovation Costs".
s) Documentation that all required sources of
capital and funding for the undertaking are available; and
t) Any other information requested by the
DCA, GDEcD, GDOR or the Independent Consultant, or an authorized agent of the
state.
(7) Retention of
Independent Consultant - Upon the Department's approval of a pre-application or
other determination that the Applicant is eligible and where the proposed
Tourism Attraction and Project meet the Statue's basic threshold requirements,
the Department may acknowledge the Applicant's submission of its Application to
the Independent Consultant to produce a Report to assist the Department in
developing its recommendations. In accordance with O.C.G.A. ยง
48-8-274(c),
payment of the consultant is the responsibility of the Applicant. The
Independent Consultant payment is nonrefundable.
(8) Independent Consultants Review, Opinion
and Report - following the submission of the Application to its Independent
Consultant, the Consultant shall provide the Department an opinion on the
proposed Tourist Attraction or Project's compliance pursuant to the criteria
outlined in
110-32-1-.02(14)
this regulation.
Notes
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