Rule 110-20-1-.02 - Definitions(1)Adjacent facility means any facility adjoining a project that meets the requirements of a subparagraph of paragraph (3) of subsection (c) of Code Section 50-8-191 which is not met by the project and that is the subject of a reciprocal use agreement executed by the project developer and the owner or operator of the adjacent facility.(2)Adjoining means having a common boundary, directly abutting, or directly abutting but for being separated by any road or road right of way, creek, river, lake, park, or other easements.(3)Certification of Compliance means a determination by the Commissioner that the project meets all criteria to be designated a Regional Economic Assistance Project.(4)Commercial boat marina means a commercially operated boat docking facility, containing at least 300 boat slips and a facility within the marina that provides food service.(5)Commissioner means the Commissioner of the Georgia Department of Community Affairs.(6)Developer means an individual or organization that manages the development or maintenance of a project and is duly authorized to act as a representative of the project in a capacity such as a general partner, owner, or officer.(7)Full-service restaurant means a restaurant that regularly serves two or more meals on each day it is open for business and is open for business at least six days weekly. A full-service restaurant is not disqualified because of seasonal closings or other temporary closings such as renovations or vacations.(8)Improvements means existing or planned buildings or facilities and any planned additions, expansions, or rehabilitation of any buildings or facilities.(9)Notice of Noncompliance means a notice from the Commissioner that the Georgia Department of Community Affairs has determined that the project has failed to comply with all requirements for designation as a Regional Economic Assistance Project.(10)Project means all proposed and any existing property, improvements and facilities included in the original development plan as delineated in the map submitted pursuant to O.C.G.A. section 50-8-191(b)(2) and section 110-20-1-.05(4) of these Rules, including any adjacent facilities.(11)Reciprocal use agreement means a written agreement between the REAP project developer and the owner or operator of an adjacent facility specifying the reciprocal rights, privileges and usage granted to each others' patrons, guests, customers, owners, operators and managers, in addition to any other mutual duties, covenants or obligations between the project developer and the owner or operator of an adjacent facility.(12)Regional Economic Assistance Project or REAP means a project, including any adjacent facility covered by a reciprocal use agreement, which meets the criteria specified in Code Section 50-8-191 and which receives a Certification of Compliance from the Commissioner.(13)Regulation 18-hole golf course means a golf course consisting of 18 holes with a minimum length of 5,500 yards, a minimum par of 69, and that has received a USGA rating.(14)State-operated facility or authority means a facility that provides tourism, recreational or hospitality services or products to the general public.(15)Substantial portion means greater than 50 per cent (50%) of the square footage of an improvement.Ga. Comp. R. & Regs. R. 110-20-1-.02
O.C.G.A. §§ 50-8-3, 50-8-11, 50-8-195.
Original Rule entitled "Definitions" adopted. F. Sept. 9, 1999; eff. Sept. 29, 1999Repealed: New Rule of same title adopted. F.June 19, 2002; eff. July 9, 2002.Amended: F. Aug. 22, 2018; eff. Sept. 11, 2018.