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The refund shall be 100% of the sales taxes paid to the city with respect to the project. The person receiving a refund shall be entitled to retain 100% of the amount refunded if the project remains in operation in the city for at least five years. If the project ceases operation in the city before the end of the five-year period, the city shall be entitled to repayment of all or a portion of the amount refunded, the refund being prorated based upon the time remaining in the five-year minimum term. Any amount the city is entitled to recover under this section shall constitute a debt to the city and a lien in favor of the city upon all property and rights to property whether real or personal belonging to the claimant and may be recovered in an action of the debt.
(1992 Code, § 39-177) (Ord. 42-05, passed 4-18-2005; Ord. 60-07, passed 5-7-2007)
Any person who is eligible for a refund pursuant to this subchapter shall submit a return to the department no more frequently than on or before the last day of each month and no less frequently than on or before the last day of each month following each calendar quarter. The finance director shall determine and pay 95% of the amount of the tax refund within 30 days of receipt of the return. Five percent of the refund shall be withheld by the department. No interest shall be paid on the refund amount.
(1992 Code, § 39-178) (Ord. 42-05, passed 4-18-2005; Ord. 60-07, passed 5-7-2007)
The amounts withheld by the department in accordance with § 37.171 shall be retained until the project has been completed and the claimant has met all the conditions of this subchapter, at which time all sums retained shall be paid to claimant.
(1992 Code, § 39-179) (Ord. 42-05, passed 4-18-2005; Ord. 60-07, passed 5-7-2007)
If any claim has been fraudulently presented or supported as to any item in the claim, or if the claimant fails to meet all the conditions of this subchapter, then the claim may be rejected in its entirety and all sums previously refunded to the claimant shall constitute a debt to the city and a lien in favor of the city upon all property and rights to property whether real or personal belonging to the claimant and may be recovered in an action of debt.
(1992 Code, § 39-180) (Ord. 42-05, passed 4-18-2005; Ord. 60-07, passed 5-7-2007)
EXPERIENCE SIOUX FALLS BUSINESS IMPROVEMENT DISTRICT
(A) Pursuant to the provisions of SDCL ch. 9-55, the CVB business improvement district of the city is hereby created. A resolution of intent (Resolution 86-10) to create this district was approved by the city council on October 12, 2010. The public hearing on creation of the district was held in the city council chambers, located at 235 W. 10th St., P.O. Box 7402, Sioux Falls, South Dakota, at 7:00 p.m. on November 15, 2010.
(1992 Code, § 39-183)
(B) The CVB business improvement district is retitled the Experience Sioux Falls business improvement district.
(Ord. 78-10, passed 11-15-2010; Ord. 72-22, passed 7-5-2022)
The Experience Sioux Falls business improvement district will have the following boundaries, excluding any hotel/motel properties with less than 40 rooms:
(a) All commercial transient lodging facilities located within the city limits; and
(b) For purposes of establishing whether a hotel/motel property has 40 or more rooms, lodging rooms in contiguous properties will be aggregated if they function as part of a single hotel/motel, even if owned by separate entities.
(1992 Code, § 39-184) (Ord. 78-10, passed 11-15-2010; Ord. 72-22, passed 7-5-2022)
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