(a) Any business in the city may be certified a qualified business by the director for purposes of this chapter if the business:
(1) Meets the definition of “eligible business” in § 35-1.1;
(2) Begins operations after May 1, 1997 at a particular site. The date on which a business begins operations at a particular site shall be the date on which the business begins at the site:
(A) To provide the service; or
(B) To manufacture, grow, or sell wholesale the product,
Which the business was established to provide, manufacture, grow, or sell; provided that acquiring or renovating the property and other preparations necessary to provide the service or to manufacture, grow, or sell wholesale the product to be used in the business shall not constitute beginning operations for purposes of qualifying under this chapter; and
(3) Creates and fills at the beginning of operations at the site new jobs for one hundred or more full-time employees. A job shall not be deemed a “new job” if, at the time the business begins operations at the site:
(A) It is an existing job with an existing business that is sold to another business;
(B) It reincorporates under a new name, merely changes its name, or creates a subsidiary corporation; or
(C) It is a job filled by an employee of a business who is relocated from another site of operations of the business within the city.
(b) A business in the city may also be certified a qualified business by the director for purposes of this chapter if the business:
(1) Meets the definition of “eligible business” in § 35-1.1;
(2) Is operating at a particular site; and
(3) Creates and fills in any tax year, other than the tax year in which it begins operations, 50 new jobs at the site for 50 or more new full-time employees in addition to the number of full-time jobs at the site one year before the date of the application. A job shall not be deemed a “new job” if, at the beginning of the tax year for which it is claimed 50 or more new jobs have been created:
(A) It is an existing job with an existing business that is sold to another business;
(B) It reincorporates under a new name, merely changes its name, or creates a subsidiary corporation; or
(C) It is a job filled by an employee of a business who is relocated from another site of operations of the business within the city.
(c) No business that has received incentives or been allowed regulatory flexibility pursuant to the enterprise zone ordinance, Chapter 31, shall receive incentives or be allowed regulatory flexibility under this chapter.
(1990 Code, Ch. 35, Art. 1, § 35-1.3) (Added by Ord. 98-54)