Terms, defined
For purposes of the Good Life Transformational Projects Act:
(1) Additional good life district retailer means a for-profit, as described in subdivision (8)(c) of this section, retailer that opens a new location in a good life district, has retail space at the time the good life district was established within the good life district or within forty miles of the district, and maintains the new location within the good life district plus all locations existing at the time the good life district was established within the good life district or within forty miles of the district for three years from the date when the additional good life district retailer first located within the good life district. If the number of locations within the good life district or within forty miles of the district falls below the number required to be an additional good life district retailer but is at least equal to the number that existed at the time the good life district was established within three years, such retailer shall qualify as a relocated good life district retailer subject to the restrictions and requirements of subdivision (14) of this section. The term includes a related person;
(2) Controlling property rights means, with respect to real estate in a good life district, the authority of a good life district applicant or project area applicant to manage and control the development of real estate, including through direct ownership or through leasehold rights, joint ventures, purchase contracts, restrictive covenants, or any other similar arrangement. Whenever such property rights do not include direct ownership, the good life district applicant or project area applicant shall not be considered to have controlling property rights unless such applicant has submitted to the department a waiver and acknowledgment from the property owner that (a) the owner consents to his or her property being included in the project area, (b) the owner acknowledges that the applicant or city, as applicable, will have certain rights with respect to how local sources of revenue from the owner's property will be spent or allocated, and (c) the owner is waiving any and all rights with respect to all such revenues for the duration of the good life district and that such waiver will apply to all subsequent owners of the property;
(3) Department means the Department of Economic Development;
(4) Enhanced employment area good life district retailer means (a) a retailer located within an enhanced employment area designated for a city of the metropolitan class under the Community Development Law and within a good life district who has opted to be a good life district retailer and (b) any related person. A tenant of a good life district applicant who has a development agreement with a city of the metropolitan class for occupation tax in an enhanced employment area within a good life district shall be deemed to have opted to be a good life district retailer;
(5) Good life district means a district established pursuant to section 77-4405 ;
(6) Good life district applicant means (a) the person who applies for the applicable good life district pursuant to section 77-4404 and (b) any related person;
(7) Good life district retailer means a retailer with taxable sales that is located in a good life district. The term includes a related person;
(8)(a) New business means (i) a new-to-market sales tax collecting business that was not legally licensed and located within the good life district or within forty miles of the good life district prior to the creation of such district and (ii) any related person.