Md. Code Regs. 24.05.26.04

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

Section 24.05.26.04 - Eligible Applicants and District Designation

A. Subject to the requirements of this chapter, the Mayor and City Council of Baltimore City or the governing body of a county or municipal corporation may apply to the Secretary for designation of an arts and entertainment district in the county or municipal corporation.

B. County Application.

(1) Municipal Consent.

(a) A county may apply to the Secretary for designation of an area in the county as an arts and entertainment district, but if all or any portion of the area is within the boundaries of a municipal corporation, the governing body of the municipal corporation must first consent.

(b) The governing body of the municipal corporation shall state in its application whether, if the district is designated, it will offer the property tax credit under Tax-Property Article, §9-240, Annotated Code of Maryland, and the exemption from the admissions and amusement tax under Tax-General Article, §4-104, Annotated Code of Maryland, in the district.

(c) The required consent of the municipal corporation shall be obtained before submission of the application for designation and the consent document shall be included as part of the application.

(d) The required consent document shall be in the form required by local law or the governing body of the municipal corporation, or both.

(2) The county shall state in its application that, if the district is designated, it will offer the property tax credit under Tax-Property Article, §9-240, Annotated Code of Maryland, and the exemption from the admissions and amusement tax under Tax-General Article, §4-104, Annotated Code of Maryland, in the district.

C. Municipal Corporation Application.

(1) A municipal corporation may apply to the Secretary for designation of an area in the municipal corporation as an arts and entertainment district.

(2) The municipal corporation shall state in its application that, if the district is designated, it will offer the property tax credit under Tax-Property Article, §9-240, Annotated Code of Maryland, and the exemption from the admissions and amusement tax under Tax-General Article, §4-104, Annotated Code of Maryland, in the district.

(3) Before a municipal corporation may apply for a designation, it shall obtain the acknowledgement of the governing body of the county in which it is located that the income tax subtraction modification under Tax-General Article, §10-207(v), Annotated Code of Maryland, to be offered in the proposed district may affect the county's income, and the acknowledgment shall be included as part of the application.

(4) The county governing body shall also state whether the county will, if the district is designated, offer the property tax credit under Tax-Property Article, §9-240, Annotated Code of Maryland, and the exemption from the admissions and amusement tax under Tax-General Article, §4-104, Annotated Code of Maryland, in the district.

(5) The required statements of the county and municipal corporation shall be in the form required by local law or the governing bodies, or both.

D. Two or more political subdivisions may jointly apply for designation of an area as an arts and entertainment district if portions of the proposed area are within each of their common boundaries.

E. The application shall be complete, meet all stated requirements, and be properly signed by the chief elected officer or officers in the case of a joint application or, if none, by the governing body of each of the political subdivisions. An application signed by the chief elected officer shall include a written expression of sentiment of the local elected governing body or bodies regarding the filing of an application for designation. The expression of sentiment may be in the form of a letter or a resolution at the discretion of the local jurisdiction.

F. The Secretary may permit a political subdivision to amend its application at any time before the Secretary acts upon the application.

G. The application shall be received by the Secretary of Business and Economic Development in care of the Division of Tourism, Film, and the Arts, Department of Business and Economic Development, on or before a submission date.

H. Within 60 days after a submission date, the Secretary may designate one or more arts and entertainment districts for a designation period of up to 10 years from the effective date from among the applications submitted.

I. The Secretary shall give the Comptroller of the Treasury notice of the establishment of an arts and entertainment district on or before July 1 before the effective date of the district's establishment. The subtraction modification under Tax-General Article, §10-207(v), Annotated Code of Maryland, is applicable to taxable years after the July 1 effective date.

Md. Code Regs. 24.05.26.04