Ohio Code 333.04 – Review of application – agreement with builder
(A) After review of the items submitted under division (A) of section 333.03 of the Revised Code, and after receipt of the certification from the director of development services under division (B) of that section, a board of county commissioners, before June 1, 2015, may enter into an agreement under section 333.02 of the Revised Code, provided that the board has determined all of the following:
Terms Used In Ohio Code 333.04
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- County sales and use tax: means the tax levied by a county under division (A) of section 5739. See Ohio Code 333.01
- Full-time equivalent positions: means the total number of hours worked at a facility in a work week, divided by forty hours per week. See Ohio Code 333.01
- 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
- Personal property: All property that is not real property.
- Qualifying investment: means a person's investment in land, buildings, infrastructure, and equipment for creating an impact facility. See Ohio Code 333.01
- state: means the state of Ohio. See Ohio Code 1.59
(1) The proposed impact facility is economically sound;
(2) Construction of the proposed impact facility has not begun prior to the day the agreement is entered into;
(3) The impact facility will benefit the county by increasing employment opportunities and strengthening the local and regional economy; and
(4) Receiving payments from the board of county commissioners is a major factor in the person‘s decision to go forward with construction of the impact facility.
(B) An agreement entered into under this section shall include all of the following:
(1) A description of the impact facility that is the subject of the agreement, including the existing investment level, if any, the proposed amount of investments, the scheduled starting and completion dates for the facility, and the number and type of full-time equivalent positions to be created at the facility;
(2) The percentage of the county sales and use tax collected at the impact facility that will be used to make payments to the person entering into the agreement;
(3) The term of the payments and the first calendar quarter in which the person may apply for a payment under section 333.06 of the Revised Code;
(4) A requirement that the amount of payments made to the person during the term established under division (B)(3) of this section shall not exceed the person’s qualifying investment, and that all payments cease when that amount is reached;
(5) A requirement that the person maintain operations at the impact facility for at least the term established under division (B)(3) of this section;
(6) A requirement that the person annually certify to the board of county commissioners, on or before a date established by the board in the agreement, the level of investment in, the number of employees and type of full-time equivalent positions at, and the amount of county sales and use tax collected and remitted to the tax commissioner or treasurer of state from sales made at, the facility;
(7) A provision stating that the creation of the proposed impact facility does not involve the relocation of any full-time equivalent positions or any tangible personal property to the impact facility from another facility owned by the person, or a related member of the person, that is located in another political subdivision of this state, other than the political subdivision in which the impact facility is or will be located;
(8) A detailed explanation of how the person determined that more than fifty per cent of the visitors to the facility live at least fifty miles from the facility.
(C) No payment may be made under this chapter to a person that is found to be in violation of the provision described in division (B)(7) of this section.