135.247. Federal empowerment, enterprise community deemed state enterprise zone--credits, exemption, refund--retail businesses eligible for benefits.
Federal empowerment, enterprise community deemed state enterprisezone--credits, exemption, refund--retail businesses eligible forbenefits.
135.247. 1. Notwithstanding the provisions of sections 135.205,135.207, and 135.210 or any other provisions to the contrary, any areahaving been designated by the United States Department of Housing and UrbanDevelopment as a federal empowerment zone or by the United StatesDepartment of Agriculture as an enterprise community pursuant to thefederal Omnibus Budget Reconciliation Act of 1993, title XIII, chapter I,subchapter c, shall immediately upon such federal designation become andremain a state enterprise zone until the expiration of such federaldesignation.
2. The credits otherwise provided by sections 135.225 and 135.235,the exemption provided by section 135.220, and the refund provided bysection 135.245 shall be available to any taxpayer who establishes andoperates a new business facility located within a federal empowerment zoneor enterprise community on the same terms and conditions specified insections 135.100 to 135.256. The exemption provided in section 135.215shall be available to any taxpayer who makes improvements to real propertyafter the date the area is designated as a federal empowerment zone orenterprise community pursuant to the same terms and conditions specified insection 135.215.
3. Notwithstanding any provision of law to the contrary, retailbusinesses, as defined by SICs 52 through 59, hotels and motels, as definedby SIC 7011, and recreational facilities as defined by SIC 7999, shall beeligible for all benefits provided pursuant to the provisions of sections135.200 to 135.256, if:
(1) In the case of a retail business, such business is located withina state-designated enterprise zone located wholly or partially within afederal empowerment zone or enterprise community; or
(2) Such business is located within a satellite enterprise zone,established pursuant to subdivision (1) or (3) of subsection 1 of section135.207, whether or not such satellite zone is contained within a federalempowerment zone or enterprise community; and
(3) In the case of a hotel or motel, such business is located withinan enterprise zone which is located within any county of the firstclassification with a population of at least five hundred thousand but lessthan seven hundred thousand inhabitants according to the last decennialcensus, or in an enterprise zone which is located within any city of thethird classification which is partially located within a county of thefirst class with a population of one hundred fifty thousand or more whichis adjacent to a county of the first classification with a population of atleast five hundred thousand but less than seven hundred thousand accordingto the last decennial census; and
(4) In the case of a recreational facility, such business is locatedwithin an area designated a satellite enterprise zone pursuant tosubdivision (1) of subsection 1 of section 135.207, by the director afterJanuary 1, 1991, and before January 1, 1992, in any city not within acounty, and further provided the director approves the eligibility of suchrecreational facility to claim tax benefits otherwise allowed in sections135.200 to 135.256. When making such determination, the director shallconsider the number and quality of new jobs to be created, the amount ofpayroll and investment to be generated from the proposed project, theextent to which such tax concessions are needed to induce the development,whether the area is unlikely to support reasonable tax assessment or toexperience reasonable economic growth without such designation and theoverall economic benefits to be realized from the proposed project.
4. For purposes of qualifying for benefits pursuant to this section,recreational facilities, as defined by SIC 7999, shall not include:
(1) An excursion gambling boat licensed pursuant to sections 313.800to 313.850, RSMo, and the docking facility associated with such licensedexcursion gambling boat; or
(2) An excursion gambling boat and docking facility as proposed on anapplication filed with the Missouri gaming commission.
(L. 1994 H.B. 1248 & 1048, A.L. 1995 H.B. 414, A.L. 1996 H.B. 1237, A.L. 1997 2d Ex. Sess. S.B. 1)Effective 12-23-97