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2012 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 58.1-3851.1 of the Code of Virginia is amended and reenacted as follows:
§ 58.1-3851.1. Entitlement to tax revenues from tourism project.
A. For purposes of this section, unless the context requires a different meaning:
"Economic development authority" means a local industrial development authority or a local or regional political subdivision, the public purpose of which is to assist in economic development.
"Gap financing" means debt financing to compensate for a shortfall in project funding between the expected development costs of an authorized tourism project and the debt and equity capital provided by the developer of the project.
B. 1. If a locality has established a tourism zone pursuant to
§ 58.1-3851, has adopted an ordinance establishing a tourism plan as determined
by guidelines set forth by the Virginia Tourism Authority, and has adopted an
ordinance authorizing a tourism project to meet a deficiency identified in the
adopted tourism plan approved by the Virginia Tourism Authority, and the
tourism project has been certified by the State Comptroller as qualifying for
the entitlement to tax revenues authorized by this section, the authorized
tourism project shall be entitled to an amount equal to the revenues
generated by a one percent of the state sales and use tax
revenues generated by on transactions taking place on the premises
of the authorized tourism project. The entitlement shall be contingent on the
locality enacting an ordinance designating certain local tax revenues to the
tourism project pursuant to subsection C and shall be subject to the conditions
set forth in subsection D. The purpose of such entitlement shall be to assist
the developer with obtaining gap financing and making payments of principal and
interest thereon. The entitlement shall continue until the gap financing is
paid in full. Entitled sales tax revenues shall be applied solely to payments
of principal and interest on the qualified gap financing.
2. On a quarterly basis, the Tax Commissioner shall certify the amount of the entitled sales tax revenues to the Comptroller, who shall remit such revenues to the county or city in which the authorized tourism project is located. The county or city shall remit the revenues to the economic development authority. No payments herein shall be made until an agreement exists between the developer of the authorized tourism project and the economic development authority.
3. The state sales tax entitlement established in subdivision 1 shall not include any sales tax revenues dedicated pursuant to § 58.1-638 or 58.1-638.1.
C. If a locality has adopted the ordinances required by
subdivision B 1 to entitle an authorized tourism project to an amount equal
to the revenues generated by a one percent of state sales and use
tax revenues generated by on transactions taking place on the
premises of the authorized tourism project, the local governing body of the
county or city in which the authorized tourism project is located shall also
direct by ordinance that an amount equal to the revenues generated by at
least a one percent of the local sales and use tax revenues,
or an equivalent amount of other local tax revenues as designated by the
ordinance, generated by transactions taking place on the premises of the
authorized tourism project shall be applied to the payment of principal and
interest on the qualified gap financing. Such revenues shall be remitted in the
same manner, for the same time period, and under the same conditions as the
remittances paid in accordance with subsection B, mutatis mutandis.
D. Prior to any entitlement to tax revenues for an authorized
tourism project pursuant to subsections B and C, the owner of such project
shall have a minimum of 80 percent of funding for the project in place through
debt or equity, enter into a performance agreement with the economic
development authority or political subdivision, and enter into an agreement to
pay an access fee. The access fee shall be equivalent to the one percent
state sales tax revenue generated by and returned to the project pursuant
to subdivision B 1 and shall be collected by the locality and remitted to the
economic development authority on a quarterly basis. The access fee and the
sales tax entitlement shall be used solely to make payments of principal and
interest on the qualified gap funding.
E. In the event that the total amount of sales tax entitlement and the access fee exceeds any annual debt service on the qualified gap financing, such excess shall be paid to the principal of the loan until the qualified gap financing is paid in full.