Ohio Code 333.03 – Application to build facility – certification of compliance
(A) A person seeking to enter into an agreement and obtain payments under section 333.02 of the Revised Code shall provide both of the following to the board of county commissioners:
Terms Used In Ohio Code 333.03
- Impact facility: means a permanent structure, including all interior or exterior square footage used for educational or exhibition activities, that meets all of the following criteria:
(1) It is used for the sale of tangible personal property or services;
(2) At least ten per cent of the facility's total square footage is dedicated to educational or exhibition activities;
(3) At least thirty million dollars is invested in land, buildings, infrastructure, and equipment for the facility at the site of the facility over a period of not more than two years;
(4) An annualized average of at least one hundred fifty new full-time equivalent positions will be created and maintained at the facility;
(5) More than fifty per cent of the visitors to the facility are reasonably anticipated to live at least fifty miles from the facility. See Ohio Code 333.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
(1) A certification by the person’s chief financial officer, or the equivalent if that position does not exist, that the criteria listed in division (B) of section 333.01 of the Revised Code will be met; and
(2) An application on a form or in a format acceptable to the board that describes the proposed impact facility, including the projected level of investment in and new jobs to be created at the facility, the rationale used for determining that more than fifty per cent of the facility’s visitors live at least fifty miles from the facility, the types of activities to be conducted at the facility, the projected levels of sales to occur at the facility, a calculation of the facility’s square footage that will be dedicated to educational or exhibition activities, and any other information the board of county commissioners reasonably requests about the expected operations of the facility.
(B) The board of county commissioners shall request the director of development services to certify that the proposed facility meets the criteria for an impact facility listed in division (B) of section 333.01 of the Revised Code. The board of county commissioners may, but need not, make findings of fact that a proposed facility meets the criteria for an impact facility listed in division (B) of section 333.01 of the Revised Code before or after requesting the certification. If the director of development services certifies a proposed facility as an impact facility under this section, and if the board makes such findings, the findings and certification are conclusive and not subject to reopening at any time.