<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 24.05.26.04" title_num="24" subtitle_num="05" chapter_num="26" heading="Eligible Applicants and District Designation.">
  <paragraph num="A.">
    <text>Subject to the requirements of this chapter, the Mayor and City Council of Baltimore City or the governing body of a county or municipal corporation may apply to the Secretary for designation of an arts and entertainment district in the county or municipal corporation.</text>
  </paragraph>
  <paragraph num="B.">
    <text>County Application.</text>
    <paragraph num="(1)">
      <text>Municipal Consent.</text>
      <paragraph num="(a)">
        <text>A county may apply to the Secretary for designation of an area in the county as an arts and entertainment district, but if all or any portion of the area is within the boundaries of a municipal corporation, the governing body of the municipal corporation must first consent.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The governing body of the municipal corporation shall state in its application whether, if the district is designated, it will offer the property tax credit under Tax-Property Article, §9-240, Annotated Code of Maryland, and the exemption from the admissions and amusement tax under Tax-General Article, §4-104, Annotated Code of Maryland, in the district.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The required consent of the municipal corporation shall be obtained before submission of the application for designation and the consent document shall be included as part of the application.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The required consent document shall be in the form required by local law or the governing body of the municipal corporation, or both.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The county shall state in its application that, if the district is designated, it will offer the property tax credit under Tax-Property Article, §9-240, Annotated Code of Maryland, and the exemption from the admissions and amusement tax under Tax-General Article, §4-104, Annotated Code of Maryland, in the district.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Municipal Corporation Application.</text>
    <paragraph num="(1)">
      <text>A municipal corporation may apply to the Secretary for designation of an area in the municipal corporation as an arts and entertainment district.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The municipal corporation shall state in its application that, if the district is designated, it will offer the property tax credit under Tax-Property Article, §9-240, Annotated Code of Maryland, and the exemption from the admissions and amusement tax under Tax-General Article, §4-104, Annotated Code of Maryland, in the district.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Before a municipal corporation may apply for a designation, it shall obtain the acknowledgement of the governing body of the county in which it is located that the income tax subtraction modification under Tax-General Article, §10-207(v), Annotated Code of Maryland, to be offered in the proposed district may affect the county's income, and the acknowledgment shall be included as part of the application.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The county governing body shall also state whether the county will, if the district is designated, offer the property tax credit under Tax-Property Article, §9-240, Annotated Code of Maryland, and the exemption from the admissions and amusement tax under Tax-General Article, §4-104, Annotated Code of Maryland, in the district.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The required statements of the county and municipal corporation shall be in the form required by local law or the governing bodies, or both.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Two or more political subdivisions may jointly apply for designation of an area as an arts and entertainment district if portions of the proposed area are within each of their common boundaries.</text>
  </paragraph>
  <paragraph num="E.">
    <text>The application shall be complete, meet all stated requirements, and be properly signed by the chief elected officer or officers in the case of a joint application or, if none, by the governing body of each of the political subdivisions. An application signed by the chief elected officer shall include a written expression of sentiment of the local elected governing body or bodies regarding the filing of an application for designation. The expression of sentiment may be in the form of a letter or a resolution at the discretion of the local jurisdiction.</text>
  </paragraph>
  <paragraph num="F.">
    <text>The Secretary may permit a political subdivision to amend its application at any time before the Secretary acts upon the application.</text>
  </paragraph>
  <paragraph num="G.">
    <text>The application shall be received by the Secretary of Commerce in care of the Division of Tourism, Film, and the Arts, Department of Commerce, on or before a submission date.</text>
  </paragraph>
  <paragraph num="H.">
    <text>Within 60 days after a submission date, the Secretary may designate one or more arts and entertainment districts for a designation period of up to 10 years from the effective date from among the applications submitted.</text>
  </paragraph>
  <paragraph num="I.">
    <text>The Secretary shall give the Comptroller of the Treasury notice of the establishment of an arts and entertainment district on or before July 1 before the effective date of the district's establishment. The subtraction modification under Tax-General Article, §10-207(v), Annotated Code of Maryland, is applicable to taxable years after the July 1 effective date.</text>
  </paragraph>
</regulation>