2006 Code of Virginia § 15.2-5800 - (Effective until January 1, 2008) Definitions; professional baseball games; consent for constructio...

15.2-5800. (Effective until January 1, 2008) Definitions; professionalbaseball games; consent for construction.

As used in this chapter the following words have the meanings indicated:

"Authority" means the Virginia Baseball Stadium Authority.

"Corporate income tax revenues" means corporate income tax as estimated bythe Tax Commissioner under Article 10 ( 58.1-400 et seq.) of Chapter 3 ofTitle 58.1 from any team or other organization based on income generatedwithin a facility, including revenues generated in connection with thedevelopment and construction of a facility. The Tax Commissioner shallcalculate such revenues by multiplying the estimated tax payment of anycorporation as required under Article 20 ( 58.1-500 et seq.) of Chapter 3 ofTitle 58.1 generating income as described herein by the ratio of their grossrevenues from the activities as described herein to gross revenues from allactivities in Virginia.

"Facility" means (i) major league baseball stadiums, (ii) office,restaurant, concessions, retail, lodging, and other facilities which areowned and operated in connection with a major league baseball stadium and arelocated within the stadium, and (iii) any onsite parking lots and garages.

"Major league baseball" means the organization which controls theadministrative functions for the ownership and operation of major leaguebaseball operations in the United States and Canada.

"Major league baseball franchise" means the contractual right granted bymajor league baseball to any person or persons to own or operate a majorleague baseball team in a specified location.

"Major league baseball stadium" means a sports facility which is designedfor use primarily as a baseball stadium and which meets criteria that may beestablished by major league baseball.

"Pass-through entity tax revenues" means personal or corporate income taxas estimated by the Tax Commissioner from any individual or corporation underArticle 2 ( 58.1-320 et seq.) or Article 10 ( 58.1-400 et seq.) of Chapter3 of Title 58.1 based on gross receipts from a sole proprietorship,partnership, electing small business corporation (S corporation), limitedliability company, and any other form of pass-through entity generated withina facility. The Tax Commissioner shall calculate the estimated revenue bymultiplying the gross receipts from activities described herein by two tenthsof one percent.

"Personal income tax revenues" means personal income tax as estimated bythe Tax Commissioner from individuals under Article 2 ( 58.1-320 et seq.) ofChapter 3 of Title 58.1 based on salaries, wages, and other income generatedthrough employment or the conduct of a trade or business within a facility,including without limitation, such taxes collected from team players,coaches, and office personnel; personnel employed by the operator of, orenterprises operating within, a facility; and personnel involved in thedevelopment and construction of a facility. The Tax Commissioner shallcalculate such revenues by multiplying wages and salaries described herein bythree and nine-tenths percent with respect to wages and salaries paid to teamplayers of a major league baseball franchise based at the facility and bythree and one-half percent for all other individuals described herein.

"Sales tax revenues" means tax collections under the Virginia Retail Salesand Use Tax Act ( 58.1-600 et seq.), as limited herein, generated bytransactions taking place upon the premises of a facility, includingtransactions generating revenues in connection with the development andconstruction of a facility. Except to the extent directed by a localgoverning body pursuant to 15.2-5814, sales tax revenues shall not includeany local general retail sales and use tax levied pursuant to 58.1-605 and58.1-606.

(1992, c. 823, 15.1-227.70; 1995, cc. 613, 629; 1996, cc. 950, 1038; 1997,c. 587; 2005, c. 106; 2006, c. 912.)

15.2-5800. (Effective January 1, 2008) Definitions; professional baseballgames; consent for construction.

As used in this chapter the following words have the meanings indicated:

"Authority" means the Virginia Baseball Stadium Authority.

"Facility" means (i) major league and minor league baseball stadiums, (ii)practice fields or other areas where major league and minor leagueprofessional baseball teams may practice or perform, (iii) offices for majorleague and minor league professional baseball teams or franchises, (iv)office, restaurant, concessions, retail and lodging facilities which areowned and operated in connection with a major league baseball stadium, and(v) any other directly related properties including, but not limited to,onsite and offsite parking lots, garages, and other properties.

"Major league baseball" means the organization which controls theadministrative functions for the ownership and operation of major leaguebaseball operations in the United States and Canada.

"Major league baseball franchise" means the contractual right granted bymajor league baseball to any person or persons to own or operate a majorleague baseball team in a specified location.

"Major league baseball stadium" means a sports facility which is designedfor use primarily as a baseball stadium and which meets criteria that may beestablished by major league baseball.

"Minor league baseball stadium" means a sports facility which is designedfor use primarily as a stadium for a minor league professional baseball team.

"Sales tax revenues" means taxes collected under the Virginia Retail Salesand Use Tax Act ( 58.1-600 et seq.), as limited herein. Sales tax revenuesshall not include any local general retail sales and use tax levied pursuantto 58.1-605 and 58.1-606.

(1992, c. 823, 15.1-227.70; 1995, cc. 613, 629; 1996, cc. 950, 1038; 1997,c. 587.)