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SB 179 - Regional Economic Assistance Pro- ject - application for designation

Hooks, George (14th)	Broun, Paul C (46th)	Gillis, Sr., Hugh M (20th)

Status Summary	SC:	EDT&C	HC:	SPCA	FR:	02/17/99	LA:	05/03/99	Signed by Governor

First Reader Summary

A bill to provide for legislative findings; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for definitions; to provide for application for designation as a Regional Economic Assistance Project (REAP); to provide for the contents of the application and the minimum criteria for such designation.

Code Sections - 50-8-190/ 50-8-191/ 50-8-192/ 50-8-193/ 50-8-194/ 50-8-195

SB 179 99                                            SB179/AP 
 
      SENATE BILL 179 
 
      By:  Senators Hooks of the 14th, Broun of the 46th, 
           Gillis of the 20th and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To provide for legislative findings; to amend Chapter 8 of 
  1- 2  Title 50 of the Official Code of Georgia Annotated, relating 
  1- 3  to the Department of Community Affairs, so as to provide for 
  1- 4  definitions; to provide for application for designation as a 
  1- 5  Regional Economic Assistance Project (REAP); to provide for 
  1- 6  the contents of the application and the minimum criteria for 
  1- 7  such designation; to provide for complying with such minimum 
  1- 8  criteria by a reciprocal use agreement with the owner or 
  1- 9  operator of an adjacent facility; to provide for approval by 
  1-10  resolution of the governing authority of a local government; 
  1-11  to provide for certifications of compliance and notices of 
  1-12  noncompliance; to provide for determination by the 
  1-13  Department of Community Affairs as to compliance or 
  1-14  noncompliance; to encourage state agencies to give priority 
  1-15  in licensing and permitting and in the processing of grants 
  1-16  and loans to local governments for REAP's; to provide for 
  1-17  issuance of a state license to serve at all times otherwise 
  1-18  authorized in any jurisdiction malt beverages, wine, or 
  1-19  distilled spirits by the drink for consumption on the 
  1-20  premises only for REAP's where such sales are not authorized 
  1-21  by local ordinance or resolution; to provide that such a 
  1-22  licensee is not required to acquire a license from a local 
  1-23  government until such sales are authorized by local 
  1-24  ordinance or resolution; to authorize the issuance of such 
  1-25  licenses only in counties and municipal corporations in 
  1-26  which the sale of all of such alcoholic beverages for the 
  1-27  consumption on the premises at all times otherwise 
  1-28  authorized in any jurisdiction is not otherwise authorized 
  1-29  by law; to provide for taxes by local governments on such 
  1-30  alcoholic beverages; to provide for annual reports and rules 
  1-31  and regulations; to provide for related matters; to repeal 
  1-32  conflicting laws; and for other purposes. 
 
  1-33       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
 
 
 
 
 
                                 -1- 
 
 
 
  2- 1                           SECTION 1. 
 
  2- 2  The General Assembly finds that large scale projects with 
  2- 3  multiple uses offer a unique opportunity for local 
  2- 4  government, state government, and the private sector to 
  2- 5  cooperate in producing growth and development in rural areas 
  2- 6  resulting in additional local tax revenue and providing 
  2- 7  employment opportunities of high caliber in tourism and 
  2- 8  hospitality, industries which are environmentally friendly 
  2- 9  and promote increased recreational opportunities and an 
  2-10  enhanced quality of life for all Georgians.  The General 
  2-11  Assembly further finds that successful cooperation can 
  2-12  provide benefits to the state through the overall economic 
  2-13  impact of the project, improved local land use management, 
  2-14  and strategic infrastructure investment and benefits to the 
  2-15  private sector developer through the predictability of 
  2-16  certain types of licenses and  services. The General 
  2-17  Assembly further finds that the location of these projects 
  2-18  in rural areas could substantially advance efforts to 
  2-19  improve the economic well-being of rural Georgia. 
 
  2-20                           SECTION 2. 
 
  2-21  Chapter 8 of Title 50 of the Official Code of Georgia 
  2-22  Annotated, relating to the Department of Community Affairs, 
  2-23  is amended by inserting a new article to be designated 
  2-24  Article 8 to read as follows: 
 
 
 
  2-25    50-8-190. 
 
  2-26    As used in this article, the term: 
 
  2-27      (1) 'Adjacent facility' means any facility adjoining a 
  2-28      project that meets the requirements of a subparagraph of 
  2-29      paragraph (3) of subsection (c) of Code Section 50-8-191 
  2-30      which is not met by the project and that is the subject 
  2-31      of a reciprocal use agreement executed by the project 
  2-32      developer and the owner or operator of the adjacent 
  2-33      facility. 
 
  2-34      (2) 'Certification of compliance' means a determination 
  2-35      by the commissioner that the project meets all criteria 
  2-36      to be designated a REAP. 
 
  2-37      (3) 'Commissioner' means the commissioner of community 
  2-38      affairs. 
 
  2-39      (4) 'Full-service restaurant' means a restaurant which 
  2-40      regularly serves two or more meals on each day it is 
 
 
                                 -2- 
 
 
 
  3- 1      open for business and is open for business at least six 
  3- 2      days weekly. 
 
  3- 3      (5) 'Notice of noncompliance' means a notice from the 
  3- 4      commissioner that the Department of Community Affairs 
  3- 5      has determined that the project has failed to comply 
  3- 6      with all requirements for designation as a REAP. 
 
  3- 7      (6) 'Regional Economic Assistance Project' or 'REAP' 
  3- 8      means a project, including any adjacent facility covered 
  3- 9      by a reciprocal use agreement, which meets the criteria 
  3-10      specified in Code Section 50-8-191 and which receives a 
  3-11      certification of compliance from the commissioner. 
 
  3-12    50-8-191. 
 
  3-13    (a) The initial application for designation as a REAP 
  3-14    shall be made to the municipal corporation or county in 
  3-15    which the project will be located. Developers of projects 
  3-16    to be located completely within the corporate limits shall 
  3-17    apply to the municipal corporation; developers of projects 
  3-18    to be located completely in the unincorporated part of a 
  3-19    county shall apply to the county; developers of projects 
  3-20    to be located partially within the corporate limits of a 
  3-21    municipality and partially within the unincorporated part 
  3-22    of a county and developers of projects to be located in 
  3-23    more than one municipal corporation or more than one 
  3-24    county shall apply to the county or municipality in which 
  3-25    will be located all or a substantial portion of the 
  3-26    restaurant and clubhouse improvements. 
 
  3-27    (b) The application for designation as a REAP shall 
  3-28    include: 
 
  3-29      (1) A detailed description of the project, including all 
  3-30      adjacent facilities which are subject to a reciprocal 
  3-31      use agreement, and showing the scope and design; 
 
  3-32      (2) A map showing the boundaries of the project and 
  3-33      showing the current zoning for each area to be included 
  3-34      within the project. If the project includes a reciprocal 
  3-35      use agreement with the owner or operator of an adjacent 
  3-36      facility, the map shall show and include the adjacent 
  3-37      facility; and 
 
  3-38      (3) A comprehensive economic and development impact 
  3-39      study showing the benefits to be derived from the 
  3-40      project. 
 
 
 
 
                                 -3- 
 
 
 
  4- 1    (c) To comply with the minimum criteria for application 
  4- 2    for designation as a REAP, a project, in combination with 
  4- 3    any adjacent facility included by a reciprocal use 
  4- 4    agreement, shall: 
 
  4- 5      (1) Be not less than 250 acres in size; 
 
  4- 6      (2) Where required, have zoning which is appropriate to 
  4- 7      the planned uses and plans which are consistent with 
  4- 8      other land use regulations; and 
 
  4- 9      (3) Provide for at least three of the five following 
  4-10      criteria: 
 
  4-11        (A) Include one or more regulation 18 hole golf 
  4-12        courses, with a clubhouse providing food service; 
 
  4-13        (B) Include a full-service restaurant with minimum 
  4-14        seating for 75 or more persons; 
 
  4-15        (C) Include at least 100 residential units; 
 
  4-16        (D) Include at least 200 rooms for overnight stays; or 
 
  4-17        (E) Include conference facilities with capacity for 
  4-18        250 participants. 
 
  4-19    (d) The developer of a project which meets the 
  4-20    requirements of paragraphs (1) and (2) of subsection (c) 
  4-21    of this Code section and the requirements of two of the 
  4-22    criteria set out in paragraph (3) of subsection (c) of 
  4-23    this Code section may apply for designation as a REAP. 
 
  4-24    (e) If the project appears to meet the criteria set out in 
  4-25    this Code section, the governing authority of the local 
  4-26    government may by resolution approve the project and 
  4-27    submission of the project application to the Department of 
  4-28    Community Affairs for review and action. 
 
  4-29    50-8-192. 
 
  4-30    (a) Upon submission of a project after approval by the 
  4-31    local government or governments, the Department of 
  4-32    Community Affairs shall determine whether the project 
  4-33    meets the criteria set out in Code Section 50-8-191 for 
  4-34    designation as a REAP and complies with any rules and 
  4-35    regulations promulgated by the Department of Community 
  4-36    Affairs to implement this article. If the project meets 
  4-37    such criteria and complies with such rules, the 
  4-38    commissioner shall issue a certification of compliance. 
  4-39    If the project does not meet such criteria and comply with 
 
 
 
                                 -4- 
 
 
 
  5- 1    such rules, the commissioner shall issue a notice of 
  5- 2    noncompliance. 
 
  5- 3    (b) Each certification of compliance shall include a 
  5- 4    summary of the project's expected economic benefits for 
  5- 5    the short term and the long term and any recommendations 
  5- 6    for adjustment of the project based upon local land use 
  5- 7    and comprehensive plans and infrastructure needs. 
 
  5- 8    (c) Each notice of noncompliance shall include a list of 
  5- 9    deficiencies of the project.  A developer of a project 
  5-10    which has received a notice of noncompliance may resubmit 
  5-11    an initial application for designation as a REAP to the 
  5-12    local government or governments involved; such a 
  5-13    resubmitted application shall include a copy of the notice 
  5-14    of noncompliance and a detailed explanation of the project 
  5-15    modifications designed to remedy the deficiencies. 
 
  5-16    50-8-193. 
 
  5-17    (a) The Department of Community Affairs shall certify that 
  5-18    a project has received a certificate of compliance as a 
  5-19    REAP to the Department of Natural Resources; the 
  5-20    Department of Industry, Trade, and Tourism; the Department 
  5-21    of Transportation; the Department of Revenue; the 
  5-22    Department of Labor; the Georgia Environmental Facilities 
  5-23    Authority; and any other state department, agency, or 
  5-24    instrumentality which requests such certification. All 
  5-25    state agencies, departments, and instrumentalities are 
  5-26    encouraged to give priority in their permitting and 
  5-27    licensing and in the processing of grants and loans to 
  5-28    local governments for projects which have received a 
  5-29    certification. 
 
  5-30    (b) Where authorized by local ordinance or resolution, a 
  5-31    certified project or facility located in a certified 
  5-32    project shall be authorized to make sales of malt 
  5-33    beverages, wine, or distilled spirits by the drink for 
  5-34    consumption on the premises only, upon obtaining a license 
  5-35    from the appropriate local authority and the state revenue 
  5-36    commissioner.  Where all of such sales at all times 
  5-37    authorized in any other jurisdiction are not authorized by 
  5-38    local ordinance or resolution, a certification of 
  5-39    compliance as a REAP shall authorize the state revenue 
  5-40    commissioner to issue a state license for the sale of malt 
  5-41    beverages, wine, or distilled spirits by the drink for 
  5-42    consumption on the premises only which are not authorized 
  5-43    by local ordinance or resolution to the developer, owner, 
 
 
 
                                 -5- 
 
 
 
  6- 1    or operator of a certified project or facility located in 
  6- 2    a certified project, upon the payment of taxes and fees 
  6- 3    and, except as provided in this article, compliance with 
  6- 4    the provisions of Title 3 and Department of Revenue 
  6- 5    regulations; provided, however, that notwithstanding any 
  6- 6    contrary provision of Title 3, such a licensee shall not 
  6- 7    be required to obtain a license from the local government 
  6- 8    until such time as such sales are authorized by local 
  6- 9    ordinance or resolution.  Further, such a license for the 
  6-10    sale of malt beverages, wine, or distilled spirits by the 
  6-11    drink for consumption on the premises only may only be 
  6-12    issued to such a developer, owner, or operator of a 
  6-13    certified project or facility located in a certified 
  6-14    project which is located wholly or partially in a 
  6-15    municipal corporation or county in which the sale of malt 
  6-16    beverages, wine, or distilled spirits by the drink for 
  6-17    consumption on the premises only for which such license is 
  6-18    sought is not otherwise authorized by local ordinance or 
  6-19    resolution.  Any license issued to a certified project or 
  6-20    facility located in a certified project shall include the 
  6-21    right to sell at all times otherwise authorized in any 
  6-22    other jurisdiction in this state malt beverages, wine, or 
  6-23    distilled spirits for consumption on the premises only. 
 
  6-24    (c) The local government or governments encompassing the 
  6-25    facility or facilities for which a state license for the 
  6-26    sale of malt beverages, wine, or distilled spirits by the 
  6-27    drink for consumption on the premises only is issued 
  6-28    pursuant to this Code section, with or without the 
  6-29    issuance of a local license, is authorized to levy and 
  6-30    collect any local taxes on such alcoholic beverages as are 
  6-31    otherwise authorized by law. 
 
  6-32    50-8-194. 
 
  6-33    For each project that has received a certification of 
  6-34    compliance, the project developer shall submit an annual 
  6-35    report to the Department of Community Affairs until the 
  6-36    date planned for completion of all phases of the project. 
  6-37    The developer's report shall include a statement regarding 
  6-38    the status of private investment, job creation, and 
  6-39    construction schedules.  The report shall also include 
  6-40    information regarding the impact of the project on the 
  6-41    local tax base, land use control, and the local government 
  6-42    infrastructure for water, sewer, and transportation. 
 
 
 
 
 
                                 -6- 
 
 
 
  7- 1    50-8-195. 
 
  7- 2    The Department of Community Affairs is authorized to 
  7- 3    promulgate rules and regulations to implement this 
  7- 4    article." 
 
  7- 5                           SECTION 3. 
 
  7- 6  All laws and parts of laws in conflict with this Act are 
  7- 7  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -7-