{"data":{"id":"us-ky/krs-148.851","jurisdiction":"us-ky","citation":"KRS 148.851","heading":"Definitions for KRS 148.851 to 148.860.","body":"As used in 148.851 to 148.860, unless the context clearly indicates otherwise:\n(1) \"Agreement\" means the tourism development agreement entered into between the\nauthority and an approved company;\n(2) \"Approved company\" means any eligible company that has re ceived final approval\nto receive incentives provided under KRS 148.853;\n(3) \"Approved costs\" means the amount of eligible costs approved by the authority\nupon completion of the project;\n(4) \"Authority\" means the Kentucky Tourism Development Finance Authori ty as set\nforth in KRS 148.850;\n(5) \"Cabinet\" means the Tourism, Arts and Heritage Cabinet;\n(6) \"Crafts and products center\" means a facility primarily devoted to the display,\npromotion, and sale of Kentucky products, and at which a minimum of eighty\npercent (80%) of the sales occurring at the facility are of Kentucky arts, crafts, or\nagricultural products;\n(7) \"Eligible company\" means any corporation, limited liability company, partnership,\nlimited partnership, sole proprietorship, business trust, or any o ther entity operating\nor intending to operate a tourism development project;\n(8) \"Eligible costs\" means:\n(a) Obligations incurred for labor and amounts paid to vendors, contractors,\nsubcontractors, builders, suppliers, deliverymen, and materialmen in\nconnection with the acquisition, construction, equipping, and installation of a\ntourism development project;\n(b) The costs of acquiring real property or rights include the acquisition of real\nproperty by a leasehold interest with a minimum term of ten (10) years, and\nany costs incidental thereto;\n(c) The cost of contract bonds and of insurance of all kinds that may b e required\nor necessary during the course of the acquisition, construction, equipping, and\ninstallation of a tourism development project which is not paid by the vendor,\nsupplier, deliveryman, contractor, or otherwise provided;\n(d) All costs of architectural and engineering services, including but not limited to\nestimates, plans and specifications, preliminary investigations, and\nsupervision of construction and installation, as well as for the performance of\nall the duties required by or consequent to the a cquisition, construction,\nequipping, and installation of a tourism development project;\n(e) All costs required to be paid under the terms of any contract for the\nacquisition, construction, equipping, and installation of a tourism\ndevelopment project;\n(f) All costs required for the installation of utilities, including but not limited to\nwater, sewer, sewer treatment, gas, electricity and communications, and\nincluding off -site construction of the facilities paid for by the approved\ncompany; and\n(g) All other costs comparable with those described in this subsection, excluding\ncosts subject to refund under KRS 154.20 -202, 154.20 -204, 154.20 -206,\n154.20-208, and 154.20-210 or Subchapter 31 of KRS Chapter 154;\n(9) \"Entertainment destination center project\" means a  facility that meets the\nrequirements of KRS 148.853(2)(b);\n(10) \"Final approval\" means the action taken by the authority authorizing the eligible\ncompany to receive incentives under KRS 139.536 and 148.851 to 148.860;\n(11) \"Full-service lodging facility\" means a facility that provides overnight sleeping\naccommodations, including private bathrooms and all of the following:\n(a) On-site dining facilities;\n(b) Room service;\n(c) Catering: and\n(d) Meeting space;\n(12) \"Heritage county\" means a county where the co unty population ranking determined\nby the Cabinet for Economic Development under KRS 154.21 -017 scores greater\nthan or equal to ninety-seven (97);\n(13) \"Incentives\" means the Kentucky sales tax refund as prescribed in KRS 139.536;\n(14) \"Kentucky sales tax\" means the sales tax imposed by KRS 139.200;\n(15) \"Lodging facility project\" means a full-service lodging facility that:\n(a) 1. Is located on recreational property owned or leased by the\nCommonwealth or the federal government;\n2. Involves the restoration or rehabilitation of a structure that:\na. Is listed individually on the National Register of Historic Places;\nor\nb. Is located in the National Register Historic District; and\nis certified by the Kentucky Heritage Council as contributing to the\nhistoric significance of the district, and the rehabilitation or restoration\nof the structure has been approved in advance by the Kentucky Heritage\nCouncil;\n3. Is an integral part of a major convention or sports facility;\n4. Is located:\na. Within a fifty (50) mile rad ius of a property listed on the National\nRegister of Historic Places with a current function of recreation\nand culture; and\nb. In any of the one hundred (100) least -populated counties in the\nCommonwealth, in terms of population density, according to the\nmost recent census;\n5. Is located on property:\na. Owned by the Commonwealth, or leased by the Commonwealth\nfrom the federal government;\nb. Acquired for use in the state park system pursuant to KRS\n148.028; and\nc. Operated by the Kentucky Department of Parks pursuant to KRS\n148.021 or the Kentucky Horse Park Commission pursuant to\nKRS 148.258 to 148.320;\n6. Is located on property:\na. Owned or leased by the federal government and under the control\nof the Department of the Interior; or\nb. Owned by the Commonwealth and in the custody of the State Fair\nBoard as provided in KRS 247.140;\n7. Is part of a tourism attraction project, entertain ment destination center\nproject, or theme restaurant destination attraction project and the full -\nservice lodging facility represents less than fifty percent (50%) of the\ntotal eligible costs; or\n8. Has not less than five hundred (500) guest rooms; or\n(b) 1. Is located:\na. In any of the one hundred (100) least -populated counties in the\nCommonwealth, in terms of population density, according to the\nmost recent decennial census;\nb. In a county, the boundaries of which:\ni. Include, in part, the boundaries of a designated national\nforest; or\nii. Are adjacent to or include a portion of parallel reservoirs of\nwater surrounding a national recreation area;\nc. Within a heritage county and will create at least fifty (50) new full-\ntime jobs within that county; and\nd. Within one-half (1/2) mile of a state resort park;\n2. Has a capital investment of at least one hundred million dollars\n($100,000,000); and\n3. Contains accommodations for:\na. Lodging, with a minimum of one hundred (100) guest rooms,\ncabins, or rental units;\nb. Relaxation, including a spa;\nc. More than one (1) on-site dining facility; and\nd. More than one (1) meeting or event space;\n(16) \"Net positive fiscal impact\" means the amount by which increased state tax\nrevenues will exceed the incentives given;\n(17) \"Preliminary approval\" means the action taken by the authority conditionally\napproving an eligible company for the incentives under KRS 139.536 and 148.851\nto 148.860;\n(18) \"Recreational facility\" means a structure or outdoor area that:\n(a) Provides visitors recreational opportunities, including but not limited to\namusement parks, boating, hiking, horseback riding, hunting, fishing,\ncamping, wildlife viewing, live theater, ro ck climbing, and all -terrain vehicle\ntrails; and\n(b) Serves as a likely destination where individuals who are not residents of the\nCommonwealth would remain overnight in commercial lodging at or near the\nrecreational facility;\n(19) \"Theme restaurant destin ation attraction project\" means a restaurant facility that\nmeets the requirements for incentives under KRS 148.853(2)(c);\n(20) (a) \"Tourism attraction project\" means:\n1. A cultural or historical site;\n2. A recreational facility;\n3. An entertainment facility;\n4. An area of natural phenomenon or scenic beauty; or\n5. A Kentucky crafts and products center;\n(b) \"Tourism attraction project\" does not include facilities that are primarily\ndevoted to the retail sale of goods, other than a Kentucky crafts and product s\ncenter, or a tourism attraction where the sale of goods is a secondary and\nsubordinate component of the attraction; and\n(21) \"Tourism development project\" means:\n(a) A tourism attraction project;\n(b) A theme restaurant destination attraction project;\n(c) An entertainment destination center project; or\n(d) A lodging facility project.","path":["KRS Chapter 148"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57136","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:41Z","sha256":"e2c7a7ac15a7a18d61435c16c8ec30b0941ced86d965ac257b72e3cf8b40d6c3","source_id":"us-ky","stale":false,"prev":"us-ky/krs-148.850","next":"us-ky/krs-148.853"},"notice":"GroundRules: Original legal text. Not legal advice."}