W. Va. Code R. § 144-1-2

Current through Register Vol. XLI, No. 38, September 20, 2024

Section 144-1-2 - Definitions

2.1. "Applicant" means a for profit or non-profit entity or organization located within the state that promotes tourism within the state and is also a destination. The term "applicant" may not include vendors that would be supplying services paid for out of grant funds, schools or camps.

2.2. "Application" means a written request for tourism promotion funds pursuant to this rule containing all forms, information and attachments executed by the applicant and all partners, if applicable.

2.3. "Amenity" includes spa services, golf courses, full- service restaurants, skiing or snow activities, tennis, horseback riding, hiking trails, boating or fishing.

2.4. "Attraction" means an entity which is at least one of the following:

2.4.1. A cultural or historic site or event which includes, but is not limited to, fairs or festivals, heritage and historic sites and museums;

2.4.2. Entertainment establishments which include, but are not limited to, pari-mutuel gaming establishments, live performing art centers, sporting organizations or arenas, vineyards or wineries, craft breweries, distilleries, and mini-distilleries;

2.4.3. Scenic or natural areas such as show caves or caverns;

2.4.4. Theme or Amusement Parks;

2.4.5. Zoos, Aquariums or Wild Animal Parks;

2.4.6. Recreational Activities, including but not limited to White water rafting, skiing and snow activities, mountain biking, hunting and fishing.

2.5. "Code" means the Code of West Virginia.

2.6. "Commission" means the Tourism Commission created pursuant to § 5B-2-8 of the Code.

2.7. "Destination" means one of the following:

2.7.1. A region or area located within the state containing three or more attractions;

2.7.2. An independent activity located within the state;

2.7.3. A cultural or historic site or event which includes, but is not limited to, fairs or festivals, heritage and historic sites and museums;

2.7.4. Entertainment establishments which include, but are not limited to, pari-mutuel gaming establishments, live performing art centers, sporting organizations or arenas, vineyards or wineries, craft breweries, distilleries, and mini-distilleries;

2.7.5. Scenic or natural sites such as show caves or caverns;

2.7.6. Theme or Amusement Parks; or

2.7.7. Zoos, Aquariums or Wild Animal Parks;

2.8. "Destination Camping" means a full-service camping facility that is located within the state whose recognized reputation for service and activities are the primary motivating factor for visitors to travel to the area where it is located. Destination Campgrounds must have cabin/lodge room facilities in addition to a minimum of 65 campsites, including RV sites with full hook-ups. Camp sites must be numbered and the destination must include water, shower house, restrooms and firewood. Visitor registration is required along with a campground host and night security. Destination Campgrounds must have an on-site restaurant or grocery/gift shop facilities and offer at least three recreational camping activities.

2.9. "Destination Inn or Bed and Breakfast" means a lodging facility located within the state whose recognized reputation for service and amenities are the primary motivating factor for visitors to travel to the area where it is located.

2.10. "Division" means the Division of Tourism created pursuant to § 5B-2-8 of the code.

2.11. "Fulfillment" means printed materials used to respond to an inquiry requesting additional information generated by direct advertising or printed materials provided to the division, a state park, the national park service or other government agency for direct advertising.

2.12. "Grant Period" means the twelvemonth period running from the beginning project date through the ending project date and any extensions granted by the commission pursuant to subdivision 8.4.3. of this rule.

2.13. "Independent Activity" means an entity or organization which attracts a minimum of eighty-five percent (85%) of its visitors from outside the local market and is at least one of the following:

2.13.1. An entity or organization which provides recreational activities including, but not limited to, White water rafting, skiing and snow activities, mountain biking, hunting and fishing, bus tours, dinner cruises and sightseeing tours;

2.13.2. A Resort;

2.13.3. A Destination Inn or Bed and Breakfast;

2.13.4. An entity or organization offering vacation rentals;

2.13.5. Destination shopping; or

2.13.6. Destination Camping.

2.14. Internet Media means purchasing advertising on web sites other than that of the applicant organization. Internet media includes but is not limited to banner ads, leader boards, advertising in e-zines, e-newsletters and within internet broadcasting, where brand identification, as required by the Commission, is utilized. Internet Media does not include pay-per-click advertising or paid search advertising except as described in 6.9.21 of this rule.

2.15. "Local Market" means the geographic area within fifty (50) miles of a destination.

2.16. "Partner" means an entity or organization located within the state making a financial contribution toward the applicant's match requirement for an application for grant funds for a collaborative marketing program with a central advertising message directing tourists to a destination being represented by the applicant. The term "partner" may not include vendors that would be supplying services paid for out of grant funds.

2.17. "Recreational Camping Activities" includes hunting, fishing, boat rentals, boat launch ramp, swimming, horseback riding, ATV and/or hiking/biking trails, golf, miniature golf, and museums.

2.18. "Resort" means a full-service lodging facility that is frequented for relaxation or recreational purposes and offers at least two amenities.

2.19. "Return on Investment" means the measure of a project's ability to use grant funds to generate additional value, including, but not limited to additional bookings and reservations.

2.20. "Total project cost" means the total of all proposed eligible expenditures contained within an application.

2.21. "Vacation Rental" means a lodging facility including chalets, cabins or condominiums. The term "vacation rental" may not include hotels or motels.

W. Va. Code R. § 144-1-2