Definitions.

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  • (1) "Agreement" means an oral or written agreement between a:
    • (a)
      • (i) county; or
      • (ii) municipality; and
    • (b) person.
  • (2) "Municipality" means a:
    • (a) city;
    • (b) town; or
    • (c) metro township.
  • (3) "Payment" includes:
    • (a) a payment;
    • (b) a rebate;
    • (c) a refund; or
    • (d) an amount similar to Subsections (3)(a) through (c).
  • (4) "Regional retail business" means a:
    • (a) retail business that occupies a floor area of more than 80,000 square feet;
    • (b) dealer as defined in Section 41-1a-102;
    • (c) retail shopping facility that has at least two anchor tenants if the total number of anchor tenants in the shopping facility occupy a total floor area of more than 150,000 square feet; or
    • (d) grocery store that occupies a floor area of more than 30,000 square feet.
  • (5)
    • (a) "Sales and use tax" means a tax:
      • (i) imposed on transactions within a:
        • (A) county; or
        • (B) municipality; and
      • (ii) except as provided in Subsection (5)(b), authorized under Title 59, Chapter 12, Sales and Use Tax Act.
    • (b) "Sales and use tax" does not include a tax authorized under:
      • (i) Subsection 59-12-103(2)(a)(i);
      • (ii) Subsection 59-12-103(2)(b)(i);
      • (iii) Subsection 59-12-103(2)(c)(i);
      • (iv) Subsection 59-12-103(2)(d);
      • (v) Subsection 59-12-103(2)(e)(i)(A);
      • (vi) Section 59-12-301;
      • (vii) Section 59-12-352;
      • (viii) Section 59-12-353;
      • (ix) Section 59-12-603; or
      • (x) Section 59-12-1201.
  • (6)
    • (a) "Sales and use tax incentive payment" means a payment of revenues:
      • (i) to a person;
      • (ii) by a:
        • (A) county; or
        • (B) municipality;
      • (iii) to induce the person to locate or relocate a regional retail business within the:
        • (A) county; or
        • (B) municipality; and
      • (iv) that are derived from a sales and use tax.
    • (b) "Sales and use tax incentive payment" does not include funding for public infrastructure.




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