(A) To qualify for a new jobs tax credit under this article, a business entity must, on or after July 31, 2011:
(1) Construct, or expand by at least 5,000 square feet, premises in Frederick County on which it conducts business by buying, building, or leasing new premises;
(2) Employ at least 25 persons in new permanent full-time positions located in the new or expanded premises in Frederick County within the first 24-month period after it occupies the new or expanded premises;
(3) Be located in a priority funding area as designated in Title 5, Subtitle 7B of the State Finance and Procurement Article; and
(4) Notify the Director of Finance, as required under state law;
(5) Meet all other requirements under state and county law to qualify for the new jobs credit; and
(6) After meeting the requirements set forth above, and in order to continue to receive a new jobs tax credit each year allowed under this ordinance, the business entity must thereafter maintain at least 25 persons in permanent full-time positions located in the new or expanded business premises as indicated above for a period of 3 years after each year that a tax credit is allowed.
(B) To qualify and be certified for an enhanced new jobs tax credit under this article, a business entity, along with its affiliates, must, on or after July 31, 2011:
(1) (a) Obtain at least 250,000 square feet of new or expanded premises within Frederick County by purchasing newly constructed premises, constructing new premises, causing new premises to be constructed, or leasing newly constructed premises;
(b) Continue to employ at least 2,500 individuals in existing permanent full-time positions paying at least 150% of the federal minimum wage and located at premises in the state where the business entity, along with its affiliates, is primarily engaged in one or more of the industries listed in the Md. Code Ann., Tax-Property Article, § 9-230; and
(c) Employ at least 500 individuals within Frederick County in new permanent full-time positions paying at least 150% of the federal minimum wage and located in the new or expanded premises, and, if applicable, in newly renovated premises adjoining or otherwise neighboring the new or expanded premises; or
(2) (a) Obtain at least 250,000 square feet of new or expanded premises within Frederick County by purchasing newly constructed premises, constructing new premises, causing new premises to be constructed, or leasing newly constructed premises; and
(b) Employ at least 1,250 individuals within Frederick County in new permanent full-time positions paying at least 150% of the federal minimum wage and located in the new or expanded premises and, if applicable, in newly renovated premises adjoining or otherwise neighboring the new or expanded premises; and
(3) Notify the Director of Finance, as required under state law; and
(4) Meet all other requirements under state and county law to qualify for the enhanced new jobs tax credit.
(C) A business entity does not qualify for a new jobs tax credit or enhanced new jobs tax credit if:
(1) The business entity has moved the operations which are located on new or expanded premises from another county (including Baltimore City) in Maryland;
(2) The business entity or another taxpayer has been given a tax credit or exemption for the new or expanded premises during the same taxable year under any other state or county law;
(3) The business entity, or its affiliates if applicable, are types of business entities, or the new permanent full-time positions are types of positions, or the new or expanded premises are located in a geographic area that the county has made ineligible for a new jobs tax credit or enhanced new jobs tax credit;
(4) The location of the new or expanded premises is inconsistent with any applicable land use master plan; or
(5) The business entity fails to meet any of the qualifying requirements set forth in state law including those found in the Md. Code Ann., Tax-Property Article, § 9-230.
(Ord. 11-14-580, 6-16-2011; Ord. 14-23-678, 11-13-2014)