745.16B B&O TAX CREDIT INCENTIVES.
   In addition to any other tax incentive otherwise available, any business that meets the following qualifying requirements shall be entitled to a tax credit computed under the provisions of this article for:
   (a)   Old Town Mixed Use - Commercial (OTMU-C) District Retail, Dining, & Entertainment Tax Credit.
      (1)   For any new retail, dining, and entertainment business that locates within the Old Town Mixed Use - Commercial (OTMU-C), as defined by the City's Zoning Ordinances, the business entity may be allowed:
         A.   One hundred (100%) percent credit against the business and occupation tax liability annually for the first year from the date the entity qualifies for the tax credit
         B.   Fifty (50%) percent credit against the business and occupation tax liability annually for the second year from the date the entity qualifies for the tax credit
         C.   Twenty-five (25%) percent credit against the business and occupation tax liability annually for the third year from the date the entity qualifies for the tax credit
      (2)   Any new qualifying business applying for a New Retail, Dining, and Entertainment tax credit inside the OTMU-C District shall:
         A.   Submit an official "Business Plan" to the City's Business Development Coordinator which must be dated and signed by the Community Development Director. A standard business template is provided with the City's new business packet.
          B.   Meet with the Community Development Director.
      (3)   The credit may only be taken if a qualifying business files the required business and occupation tax return on or before the required due date. When such documentation is filed on or before the required due date.
      (4)   New business is defined as the business entity never having operated or conducted business in a physical, fixed location in the City.
      (5)   The business must produce fifty percent (50%) or more of gross sales in the form of retail, dining, or entertainment to qualify for the incentive.
      (6)   To meet the classifications set forth for Retail, Dining, or Entertainment, the business must comply with and meet the definitions set forth by the City for the terms above in the City's zoning regulations and District Use Tables.
   (b)   New Retail, Dining, & Entertainment Tax Credit inside a City Commercially Zoned District.
      (1)   For any new retail, dining, and entertainment businesses that locates beyond the boundaries of the OTMU-C, but still within the corporate limits of the City's zoned commercial area(s), the business entity may be allowed:
         A.   Fifty percent (50%) credit against the business and occupation tax liability annually for the first year from the date the entity qualifies for the tax credit
         B.   Twenty-five (25%) credit against the business and occupation tax liability annually for the second year the date the entity qualifies for the tax credit
      (2)   Any new qualifying business applying for a New Retail, Dining, and Entertainment tax credit inside a City Commercially Zoned District shall:
         A.   Submit an official "Business Plan" to the City's Business Development Coordinator which must be dated and signed by the Community Development Director. A standard business template is provided with the City's new business packet.
         B.   Meet with the Community Development Director.
      (3)   The credit may only be taken if a qualifying business files the required business and occupation tax return on or before the required due date. When such documentation is filed on or before the required due date.
      (4)   New business is defined as the business entity never having operated or conducted business in a physical, fixed location in the City.
      (5)   The business must produce fifty percent (50%) or more of gross sales in the form of retail, dining, or entertainment to qualify for the incentive.
      (6)   To meet the classifications set forth for Retail, Dining, or Entertainment, the business must comply with and meet the definitions set forth by the City for the terms above in the City's zoning regulations and District Use Tables. (Ord. 2024-005. Passed 6-3-24.)