W. Va. Code R. § 145-16-10

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 145-16-10 - Duties of Applicant after District is Established

10.1. The owner, operator, or manager, as applicable, and all concessions and licensees thereof, of the Project shall, in the same manner as any other business or commercial venture located within the municipality:

10.1.1. Pay any applicable business and occupation tax;

10.1.2. Collect and remit any applicable municipal sales and use tax;

10.1.3. Pay any applicable ad valorem real and personal property tax consistent with the same millage rates;

10.1.4. Collect and remit any applicable hotel occupancy tax;

10.1.5. Pay any applicable municipal service fees, including, but not limited to, fire, police, sanitation, or city service fees;

10.1.6. Pay any reasonable applicable municipal utility rates, fees, and charges for utilities used or consumed during construction and operation of premises within the Tourism Development District, including, but not limited to, water, sewer, stormwater, and garbage and recycling collection, provided, however, the provider may not charge rates to the premises within the Tourism Development District which are discriminatory;

10.1.6.a. Any rates, fees, and charges for such services shall be based on the cost of providing such service and the municipality shall enter into a contract for each such service with the Approved Company. Any such contracts for water service or sewer service with the municipality shall be subject to review and approval by the Public Service Commission of West Virginia.

10.1.6.b. The Applicant shall only be required to pay any reasonable capacity improvement fee or impact fee to the extent that capital additions, betterments, and improvements must be designed, acquired, constructed, and equipped by the municipality to provide such service to the Project and any such capacity improvement fee or impact fee for water or sewer service may not be discriminatory and shall be subject to review and approval by the Public Service Commission of West Virginia.

10.1.7. Comply with state laws, regulations, and licensure requirements concerning state control of alcoholic liquors pursuant to Chapter 60 of the Code and control of nonintoxicating beer pursuant to W. Va. Code § 11-16-1, et seq.;

10.1.8. Be entitled to municipal police protection and municipal fire protection, if available;

10.1.9. Design, acquire, construct, and equip the Project pursuant to the State Building Code in accordance with W. Va. Code § 8-12-13 and W. Va. C.S.R. § 87-4-1, et seq.; and

10.1.10. Permit inspection of the design, acquisition, construction, and equipping of the Project pursuant to the standards approved by the Development Office.

10.2. The Applicant or any successor to the Applicant shall continue to comply, on an on-going basis, with the requirements of W.Va. Code § 5B-2E-1, et seq. and the TDA Agreement and shall file a certification of such compliance with the Director of the Development Office by the last day of each calendar year, commencing the first full calendar year following the calendar in which the parties execute the Tourism Development District Agreement.

W. Va. Code R. § 145-16-10