For purposes of the Good Life Transformational Projects Act:
(1)Additional good life district retailer means a for-profit, as described in subdivision (8)(c) of this section, retailer that opens a new location in a good life district, has retail space at the time the good life district was established within the good life district or within forty miles of the district, and maintains the new location within the good life district plus all locations existing at the time the good life district was established within the good life district or within forty miles of the district for three years from the date when the additional good life district retailer first located within the good life district. If the number of locations within the good life district or within forty miles of the district f
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For purposes of the Good Life Transformational Projects Act:
(1) Additional good life district retailer means a for-profit, as described in subdivision (8)(c) of this section, retailer that opens a new location in a good life district, has retail space at the time the good life district was established within the good life district or within forty miles of the district, and maintains the new location within the good life district plus all locations existing at the time the good life district was established within the good life district or within forty miles of the district for three years from the date when the additional good life district retailer first located within the good life district. If the number of locations within the good life district or within forty miles of the district falls below the number required to be an additional good life district retailer but is at least equal to the number that existed at the time the good life district was established within three years, such retailer shall qualify as a relocated good life district retailer subject to the restrictions and requirements of subdivision (14) of this section. The term includes a related person;
(2) Controlling property rights means, with respect to real estate in a good life district, the authority of a good life district applicant or project area applicant to manage and control the development of real estate, including through direct ownership or through leasehold rights, joint ventures, purchase contracts, restrictive covenants, or any other similar arrangement. Whenever such property rights do not include direct ownership, the good life district applicant or project area applicant shall not be considered to have controlling property rights unless such applicant has submitted to the department a waiver and acknowledgment from the property owner that (a) the owner consents to his or her property being included in the project area, (b) the owner acknowledges that the applicant or city, as applicable, will have certain rights with respect to how local sources of revenue from the owner's property will be spent or allocated, and (c) the owner is waiving any and all rights with respect to all such revenues for the duration of the good life district and that such waiver will apply to all subsequent owners of the property;
(3) Department means the Department of Economic Development;
(4) Enhanced employment area good life district retailer means (a) a retailer located within an enhanced employment area designated for a city of the metropolitan class under the Community Development Law and within a good life district who has opted to be a good life district retailer and (b) any related person. A tenant of a good life district applicant who has a development agreement with a city of the metropolitan class for occupation tax in an enhanced employment area within a good life district shall be deemed to have opted to be a good life district retailer;
(5) Good life district means a district established pursuant to section 77-4405 ;
(6) Good life district applicant means (a) the person who applies for the applicable good life district pursuant to section 77-4404 and (b) any related person;
(7) Good life district retailer means a retailer with taxable sales that is located in a good life district. The term includes a related person;
(8)(a) New business means (i) a new-to-market sales tax collecting business that was not legally licensed and located within the good life district or within forty miles of the good life district prior to the creation of such district and (ii) any related person.
(b) New business does not include the residential portion of any business.
(c)(i) New business does not include the location of any entity that for purposes of the Nebraska Revenue Act of 1967 is either (A) not subject to sales and use taxes or (B) not subject to either an income tax or a franchise tax under sections 77-3801 to 77-3807 , except that a location owned by a political subdivision shall be allowed to the extent that the political subdivision is liable for sales taxes pursuant to subsection (12) of section 77-4405 .
(ii) For purposes of this subdivision (c):
(A) Political subdivision includes any public corporation created for the benefit of a political subdivision and any group of political subdivisions forming a joint public agency, organized by interlocal agreement, or utilizing any other method of joint action; and
(B) Any partnership that would be liable for an income tax if it were to make an election under subsection (6) of section 77-2727 is subject to an income tax.
(d) The following transactions or activities shall not be considered to have created a new business:
(i) The acquisition of a business that (A) does not qualify as a new business, (B) is continued by the purchaser, and (C) was operated within the good life district during the three hundred sixty-six days prior to the date of acquisition;
(ii) The acquisition of a business that (A) does not qualify as a new business, (B) is continued by the purchaser, and (C) was operated within this state and within forty miles of the good life district during the three hundred sixty-six days prior to the date of acquisition;
(iii) The moving of a business from a location within this state and within forty miles of the good life district into the good life district; or
(iv) Any purchase or lease of property from a related person;
(9)(a) New development costs means development costs that are incurred as part of a project located in a good life district.
(b) The value of the new development costs for any project shall be equal to the construction and improvement costs of real property and the acquisition costs of personal property that are part of such project, including:
(i) Improvements to real property located in the good life district;
(ii) New construction of and additions to existing buildings;
(iii) Construction and acquisition of infrastructure improvements in and related to the good life district; and
(iv) Acquisition of personal property located and used in the good life district.
(c) The following transactions or activities shall not be considered new development costs:
(i) The acquisition of a business that (A) does not qualify as a new business, (B) is continued by the purchaser, and (C) was operated within the good life district during the three hundred sixty-six days prior to the date of acquisition; or
(ii) The acquisition of a business that (A) does not qualify as a new business, (B) is continued by the purchaser, and (C) was operated within this state and within forty miles of the good life district during the three hundred sixty-six days prior to the date of acquisition;
(10) Project area means an area designated as a project within a good life district pursuant to subsection (14) of section 77-4405 ;
(11) Project area applicant means (a) the person who files an application for a project area designation pursuant to subsection (14) of section 77-4405 and (b) any related person;
(12) Qualified inland port district means an inland port district created pursuant to the Municipal Inland Port Authority Act that is located within a city of the metropolitan class;
(13) Related persons means any corporations, partnerships, limited liability companies, or joint ventures which are or would otherwise be members of the same unitary group, if incorporated, or any persons who are considered to be related persons under either section 267(b) and (c) or section 707(b) of the Internal Revenue Code of 1986, as amended;
(14) Relocated good life district retailer means (a) a retailer that relocates to a good life district and that has less than one hundred thousand square feet of retail space at the time the good life district was established for any single location that is outside of the good life district but located within forty miles of the good life district with no location being equal to or greater than one hundred thousand square feet and (b) any related person. After ten years from the date when the relocated good life district retailer first located within the good life district or exceeded one hundred thousand square feet of retail space, such retailer shall no longer qualify as a relocated good life district retailer; and
(15) Viable development means the proposed development is demonstrated to be not inconsistent with the statutory requirements of the good life district where the project is located.