Md. Code Regs. 24.05.26.03

Current through Register Vol. 51, No. 24, December 2, 2024

Section 24.05.26.03 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) Artistic Work.

(a) "Artistic work" means an original and creative work, whether written, composed, or executed, within one of the following categories:

(i) A book or other writing;

(ii) A play or performance of a play;

(iii) A musical composition or the performance of a musical composition;

(iv) A painting or other picture;

(v) A sculpture;

(vi) Traditional or fine crafts;

(vii) The creation of a film or the acting within a film;

(viii) The creation of a dance or the performance of a dance; or

(ix) The creation of original jewelry, clothing, or design.

(b) "Artistic work" includes any product generated as a result of any of the categories listed under §B(1)(a) of this regulation.

(c) "Artistic work" does not include any piece or performance created or executed for industry-oriented or industry-related production, such as a commercial or advertising copy.

(2) Arts and Entertainment District.

(a) "Arts and entertainment district" means a developed district of public and private uses that:

(i) May be a portion of a county or municipal corporation or a district with a special coherence that crosses jurisdictional lines;

(ii) Is distinguished by physical and cultural resources that play a vital role in the life and development of the community and contribute to the public through interpretive, educational, and recreational uses; and

(iii) Is a contiguous geographic area of a county that is wholly within a priority funding area as provided under State Finance and Procurement Article, § 5-7 B-02, Annotated Code of Maryland.

(b) "Arts and entertainment district" in Queen Anne's County may be composed of a noncontiguous area in the county, including a noncontiguous area within a municipal corporation in the county, as established by the governing body of the county.

(3) "Arts and entertainment enterprise" means a for-profit or nonprofit entity dedicated to visual or performing arts, excluding adult entertainment.

(4) "Department" means the Department of Business and Economic Development.

(5) "District incentives" means the financial incentives described in Economic Development Article, § 4-706, Annotated Code of Maryland, for a qualifying residing artist and an arts and entertainment enterprise in an arts and entertainment district.

(6) "Effective date" means the July 1 following the designation of the district by the Secretary.

(7) "Fund" means the Maryland Economic Development Assistance Fund.

(8) "Political subdivision" means a county or municipal corporation in the State.

(9) "Qualifying residing artist" means an individual who:

(a) Owns or rents residential real property in the State and conducts an arts or entertainment-related business in any arts and entertainment district; and

(b) Derives income from the sale or performance within any arts and entertainment district of an artistic work, excluding adult entertainment, that the individual wrote, composed, or executed within any arts and entertainment district, either solely or with one or more other individuals.

(10) "Secretary" means the Secretary of Business and Economic Development.

(11) "State fiscal year" means the period from July 1 through June 30.

(12) "Submission date" means October 1 and April 1 of any calendar year.

Md. Code Regs. 24.05.26.03

Regulation .03B amended effective June 15, 2009 (36:12 Md. R. 838); June 27, 2011 (38:13 Md. R. 757); April 1, 2013 (40:6 Md. R. 476)
Regulation .03 amended effective 41:25 Md. R. 1486, eff.12/22/2014