{"data":{"id":"us-ok/okla.-stat.-tit.-68-68-2394","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 68, § 68-2394","heading":"Inducements for tourism attraction projects - Criteria -","body":"Consultant's report.\n\nA. The Executive Director of the Oklahoma Department of\n\nCommerce shall establish standards for the making of applications\n\nfor inducements to eligible companies and their tourism attraction\n\nprojects by the promulgation of rules in accordance with the\n\nAdministrative Procedures Act.\n\nB. With respect to each eligible company making an application\n\nto the Executive Director for inducements, and with respect to the\n\ntourism attraction described in the application, the Executive\n\nDirector shall make inquiries and request materials of the applicant\n\nthat shall include, but shall not be limited to:\n\n1. Marketing plans for the project that target individuals who\n\nare not residents of this state;\n\n2. A description and location of the project including a\n\ndescription and boundary of the area encompassing the Entertainment\n\nDistrict, if applicable;\n\n3. Capital and other anticipated expenditures for the project\n\nthat indicate that the total cost of the project shall exceed the\n\nminimum amount set forth in subsection C of this section and the\n\nanticipated sources of funding therefor, which for an Entertainment\n\nDistrict that is anticipated to be completed in multiple phases may\n\ninclude capital and other anticipated expenditures for all phases of\n\nthe project;\n\n4. The anticipated employment and wages to be paid at the\n\nproject, which may include employment and wages to be paid by the\n\neligible company and any tenants of the tourism attraction project;\n\n5. Business plans which indicate the average number of days in\n\na year in which the project or any component thereof will be in\n\noperation and open to the public, if applicable; and\n\n6. The anticipated revenues and expenses generated by the\n\nproject, which for an Entertainment District may include the\n\nanticipated revenues and expenses generated by each of the different\n\nphases or components of the Entertainment District.\n\nBased upon a review of these materials, if the Executive\n\nDirector determines that the eligible company and the tourism\n\nattraction may reasonably be expected to satisfy the criteria for\n\nfinal approval in subsection C of this section, then the Executive\n\nDirector may consider granting a preliminary approval of the\n\neligible company and the tourism attraction project pursuant to\n\nsubsection B of Section 2395 of this title.\n\nC. Except as provided for in subsection D of this section, for\n\na tourism attraction project, after granting a preliminary approval,\n\nthe Executive Director shall require the eligible company to hire a\n\ncompetent consulting firm which shall submit to the Executive\n\nDirector a report analyzing the data made available by the eligible\n\ncompany and which shall collect and analyze additional information\n\nnecessary to determine that, in the independent judgment of the\n\nconsultant, the tourism attraction project will:\n\n1. Attract at least twenty-five percent (25%) of its visitors\n\nfrom among persons who are not residents of this state;\n\n2. Have costs in excess of Five Hundred Thousand Dollars\n\n($500,000.00);\n\n3. Have a significant and positive economic impact on this\n\nstate considering, among other factors, the extent to which the\n\ntourism attraction project will compete directly with existing\n\ntourism attractions in this state, and the extent to which the\n\ntourism attraction project will be revenue-neutral to the State of\n\nOklahoma, meaning the amount by which increased tax revenues from\n\nthe tourism attraction project will exceed the inducements allowed\n\npursuant to Section 2397 of this title;\n\n4. Produce sufficient revenues and public demand to be\n\noperating and open to the public on a regular and persistent basis;\n\nand\n\n5. Not adversely affect existing employment in this state.\n\nD. At the request of the eligible company, the Executive\n\nDirector may allow the eligible company to hire the Oklahoma\nSection 2397 of this title;\n\n4. Produce sufficient revenues and public demand to be\n\noperating and open to the public on a regular and persistent basis;\n\nand\n\n5. Not adversely affect existing employment in this state.\n\nD. At the request of the eligible company, the Executive\n\nDirector may allow the eligible company to hire the Oklahoma\n\nDepartment of Commerce to prepare the report required in subsection\n\nC of this section.\n\nE. For a tourism attraction project that is an Entertainment\n\nDistrict and is anticipated to be completed in multiple phases, the\n\nrequired report may include the data and information for the entire\n\nEntertainment District including any and all components or phases of\n\nthe Entertainment District and a separate report for each component\n\nor phase of the Entertainment District shall not be required.\n\nF. The eligible company shall pay for the cost of the required\n\nreport and shall cooperate with the entity preparing the report and\n\nprovide all of the data that the preparing entity deems necessary to\n\nmake a determination pursuant to this section. The cost for\n\npreparation of this report by the Oklahoma Department of Commerce\n\nshall be set forth by administrative rules promulgated by the\n\nDepartment, but in any event shall be a nonrefundable fee of no less\n\nthan Five Thousand Dollars ($5,000.00) per report. Payment for\n\npreparation of this report by the Oklahoma Department of Commerce\n\nshall be made by the eligible company to the Department upon\n\napproval of the request, and funds received shall be deposited into\n\nthe Oklahoma Department of Commerce Revolving Fund created in\n\nSection 5012 of Title 74 of the Oklahoma Statutes.","path":["OK Code","Title 68"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os68.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"9990fdc1122bc0ba1bd1e1c001af3e2e0a5f624b30ab32cbfdec524843680eb1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-68-68-2393","next":"us-ok/okla.-stat.-tit.-68-68-2395"},"notice":"GroundRules: Original legal text. Not legal advice."}