§ 6-5. Tax and fee relief for qualified businesses located in an enterprise zone or subzone or technology zone.

(a)

Any business required to obtain a license based on gross receipts or purchases pursuant to this chapter, which is located in or makes improvements to a building within an enterprise zone or subzone designated by the state or technology zone designated by the county, on or after the date on which the enterprise zone or subzone or technology zone was established, may receive relief during the tax and fee relief period, of those taxes and fees which are calculated on the increase in gross receipts or purchases over the business' gross receipts or purchases during the base year. The base year under this section shall be the calendar year immediately preceding the year that the business initially qualifies for tax and fee relief under this section. For taxpayers who file federal income tax returns on a fiscal year basis, the base year shall be the fiscal year ending during the calendar year immediately preceding the year that the business initially qualifies for tax and fee relief under this section. For a newly established business, a new branch or a business relocating from outside the county, the base year amount shall be zero and the tax and fee relief period shall begin in the tax year that the business qualifies for tax and fee relief and shall last for four additional tax years, or for as long as the business remains within any enterprise zone or subzone or technology zone in the county, whichever period is shorter. For existing businesses which are already located in the county, the tax and fee relief period shall begin in the tax year after the business qualifies for the relief and shall last for four additional tax years, or for so long as the business remains within any enterprise zone or subzone or technology zone in the county, whichever period is shorter.

(b)

A business shall qualify for the tax and fee relief provided for in subsection (a) as follows:

(1)

An application for tax relief under this section must be submitted to the county's economic development department and the benefit accessed by the business within one-year of start of operations in the zone or subzone.

(2)

If the business newly locates from outside any enterprise zone or subzone or technology zone in the county to a building or tenant space within any enterprise zone or subzone or technology zone in the county after the date on which the enterprise zone or subzone or technology zone is established, it shall qualify for tax and fee relief immediately upon occupying the building.

(3)

If the business relocates within any enterprise zone or subzone or technology zone in the county to a building or tenant space after the date on which the enterprise zone or subzone or technology zone is established, it shall qualify for tax and fee relief immediately upon occupying the building provided it has not received tax or free relief at its previous zone or subzone location.

(4)

If the business builds a new building which receives its certificate of occupancy after the date on which the enterprise zone or subzone or technology zone is established, it shall qualify for the tax and fee relief immediately upon occupying the building.

(5)

If the business shares occupancy of a new building which receives its certificate of occupancy after the date on which the enterprise zone or subzone or technology zone is established and is a separate and distinct business from any other business which occupies the same building, it shall qualify for tax and fee relief immediately upon occupying the building.

(6)

For purposes of determining initial eligibility for tax and fee relief under this section, the term "locate" does not include a transfer of ownership of an existing business operation within an enterprise zone or subzone or technology zone to another entity which is wholly or partially owned or controlled by or affiliated with the prior business owner, but such a transfer of ownership shall not disqualify a currently eligible business from enjoying the benefits under this section for a full five years, even if such transfer occurs during the five-year eligibility period, regardless of the change in ownership.

(7)

Each business shall be limited to one five-year period of the tax and fee relief under this section.

(Ord. of 11-12-97, § 1; Ord. of 9-27-06(2); Ord. of 12-16-09(1); Ord. of 11-13-13(1), § 1)

Editor's note— Ord. of 11-13-13(1), § 1, amended the title of § 6-5 to read as set out herein. Previously § 6-5 was titled tax and fee relief for qualified businesses located in an enterprise zone or subzone.

(Ord. of 11-12-97, § 1; Ord. of 9-27-06(2); Ord. of 12-16-09(1); Ord. of 11-13-13(1), § 1)

Editor's note

Ord. of 11-13-13(1), § 1, amended the title of § 6-5 to read as set out herein. Previously § 6-5 was titled tax and fee relief for qualified businesses located in an enterprise zone or subzone.