{"data":{"id":"us-ky/krs-139.5327","jurisdiction":"us-ky","citation":"KRS 139.5327","heading":"Incentive for certain professional golf sporting events -- Definitions for","body":"section -- Terms -- Application -- Sunset -- Administrative regulation -- Annual\nreport.\n(1) As used in this section:\n(a) \"Facility operator\" means a person who owns or operates a venue;\n(b) \"Professional golf sporting event\" means an organized, competitive golf\nevent, governed by rules and a sporting body, where participants compete for\ncompensation beyond actual expenses;\n(c) \"Qualifying attraction\" means a series o f professional golf sporting events\nwhich is:\n1. Held at a venue over a duration of at least three (3) consecutive days;\n2. Hosted by a sponsoring entity pursuant to an agreement with a facility\noperator that authorizes the sponsoring entity to conduct one (1) or more\nseries of a professional golf sporting event; and\n3. Open to the public upon purchase of tickets, with attendance totaling at\nleast one hundred thousand (100,000) admissions over the duration of\neach series of professional golf sporting events;\n(d) \"Sponsoring entity\" means the person hosting a qualifying attraction; and\n(e) \"Venue\" means:\n1. Public property located in a consolidated local government or in an\nurban-county government that is owned, operated, or controlled by the\nconsolidated local government or urban-county government;\n2. A park located in a consolidated local government that is:\na. Open to the general public; and\nb. Owned, operated, or controlled by any nonprofit corporation\nestablished under the provisions of KRS 273.161 to 273.390;\n3. Property located in a consolidated local government or in an urban -\ncounty government that is owned, operated, or controlled by a public\nuniversity; or\n4. Privately owned property located in a consolidated local government or\nin an urban -county government that is suitable for hosting professional\ngolf sporting events and qualifying attractions.\n(2) Notwithstanding KRS 134.580 and 139.770:\n(a) A sponsoring entity shall be granted a sales tax incentive equal to one hundred\npercent (100%) of the Kentucky sales tax generated by the sale of admissions\nto a qualifying attraction held at a venue, and the s ales of tangible personal\nproperty and services related to the qualifying attraction, including but not\nlimited to the sale of:\n1. Food and beverage concessions;\n2. Souvenirs;\n3. Parking;\n4. Suites;\n5. Sponsorships; and\n6. Other hospitality services;\nsold at the qualifying attraction;\n(b) One hundred percent (100%) of the sales tax incentive authorized in\nparagraph (a) of this subsection shall be paid to the sponsoring entity of the\nqualifying attraction from which the sales taxes were generated;\n(c) Only one (1) incentive request shall be made for each qualifying attraction\neach year;\n(d) The sponsoring entity shall have no obligation to refund or otherwise return\nany amount of the sales tax incentive to the persons from whom the sales tax\nwas collected;\n(e) The sales tax incentive shall be reduced by the vendor compensation allowed\nunder KRS 139.570; and\n(f) Interest shall not be allowed or paid on any sales tax incentive payment made\nunder this section.\n(3) The department shall accept initial applicati ons for sales tax incentives under this\nsection for qualifying attractions held on or after July 1, 2026.\n(4) To be eligible for a sales tax incentive under this section, the sponsoring entity shall\nfile an initial application with the department, which:\n(a) Includes sufficient information regarding the qualifying attraction to\ndemonstrate whether it qualifies for the sales tax incentive; and\n(b) Is filed at least sixty (60) days prior to the date of the first professional golf\nsporting event constituting the qualifying attraction.\n(5) Within thirty (30) days of receipt of the initial application, the department shall\nnotify the sponsoring entity of its preliminary approval or denial of the qualifying\nattraction.\n(6) If the initial application is denied, the department shall provide the reason for the\ndenial.\n(7) After approval of its initial application and the completion of the qualifying\nattraction, a sponsoring entity shall apply for a sales tax incentive no earlie r than\nthirty (30) days following the end of the month during which sales taxes that were\ngenerated from the qualifying attraction are collected. The application may\naggregate eligible sales taxes from previous months if the events comprising the\nqualifying attraction were held in more than one (1) month.\n(8) The department shall review each application for a sales tax incentive and\ndetermine if it meets the requirements of this section, pending the verification of\nrequired attendance.\n(9) In determining eligibility for a sales tax incentive authorized under this section, the\ndepartment shall waive the duration and attendance requirements listed in\nsubsection (1)(c)1. and 3. of this section if the person requesting an incentive\ndemonstrates that any delays, cancellations, or postponements were due to\ninclement weather or other extraordinary events beyond the control of the parties\ninvolved and that the weather or other extraordinary events rendered the satisfaction\nof the requirement impossible.\n(10) Both the  initial application and the sales tax incentive application shall be in the\nform prescribed by the department through the promulgation of an administrative\nregulation in accordance with KRS Chapter 13A.\n(11) The department shall verify the amount of sale s tax incentive and pay the\nallocations determined to be due in accordance with subsection (2)(b) of this section\nwithin forty-five (45) days of receipt of the later of:\n(a) The application submitted under subsection (7) of this section; or\n(b) All necessary supporting information required by the department to determine\nthat the sponsoring entity is eligible for the incentive.\n(12) (a) Prior to November 1, 2027, and continuing each November 1 thereafter to\nNovember 1, 2037, the department shall provide an a nnual report detailing\ninformation related to each qualifying attraction receiving incentives during\nthe fiscal year concluding on June 30 of the reporting period.\n(b) The department shall include the following information in the report:\n1. The name of the qualifying attraction;\n2. The venue where the qualifying attraction was held;\n3. The name of the facility operator;\n4. The name of the sponsoring entity;\n5. The duration of the qualifying attraction and the number of admissions\nover that duration;\n6. The amount of incentive paid to the facility operator; and\n7. The amount of incentive paid to the sponsoring entity.\n(c) The information required to be reported under this subsection shall not be\nconsidered confidential taxpayer information and shall not be su bject to KRS\nChapter 131 or any other provisions of the Kentucky Revised Statutes\nprohibiting disclosure or reporting of information.\n(13) The provisions of this section shall expire on November 30, 2036, and a qualifying\nattraction held after November 30,  2036, shall not be eligible for the incentives\nauthorized in this section.\n(14) The General Assembly is committed to the research and development of tourism\npolicies, including the aspiration to hold other professional sporting events across\nthe Commonwealth and especially in rural Kentucky.","path":["KRS Chapter 139"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57157","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:32Z","sha256":"94900bf2afdc0ec80c93dcf49b941dcc5c2f476899b0a2acee3a16c03093221f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-139.5325","next":"us-ky/krs-139.533"},"notice":"GroundRules: Original legal text. Not legal advice."}
