(2) A business firm is not an eligible business firm if the firm is:
(a) Engaged within the enterprise zone in the business of providing goods, products or services to the general public for personal or household use.
(b) Significantly engaged in a business activity within the enterprise zone that consists of retail sales or services, child care, housing, retail food service, health care, tourism, entertainment, financial services, professional services, leasing space to others, property management, construction or other similar activities, even if for another business or organization.
(3) If a business firm described in subsection (2) of this section engages in an activity described in subsection (1) of this section, the business firm is an eligible business firm if the activity is performed at a location that is separate from the activity of the firm that is described in subsection (2) of this section. Property at the location at which the firm conducts an activity described in subsection (2) of this section may not be exempt under ORS 285C.175.
(4) Two or more business firms that otherwise meet the requirements of this section may elect to be treated as one eligible business firm if 100 percent of the equity interest in the business firms is owned by the same person or persons, or if one of the business firms owns 100 percent of the equity interest of the other or others.
(5) Notwithstanding subsections (1) to (3) of this section, each of the following business firms is an eligible business firm under subsection (1) of this section:
(a) A business firm engaged in the activity of providing a retail or financial service within the enterprise zone if:
(A) The activity serves customers by responding to orders or requests received only by telephone, computer, the Internet or similar means of telecommunications; and
(B) Not less than 90 percent of the customers or orders are located and originate in an area from which long distance telephone charges, in the absence of a toll-free number, would apply if the order were placed by telephone.
(b) A business firm that operates a facility within the enterprise zone that serves statewide, regional, national or global operations of the firm through administrative, design, financial, management, marketing or other activities, without regard to the relationship of these activities to any otherwise eligible activities within the enterprise zone.
(c) A business firm that operates a hotel, motel or destination resort in the enterprise zone if the sponsor has elected under ORS 285C.070 to treat a business firm engaged in hotel, motel or destination resort operations in an enterprise zone as an eligible business firm.
(d) A business firm that is engaged in electronic commerce if the enterprise zone has been designated for electronic commerce under ORS 285C.095. [Formerly 285B.707; 2015 c.648 §20]
Structure 2021 Oregon Revised Statutes
Volume : 07 - Public Facilities and Finance
Chapter 285C - Economic Development III
Section 285C.050 - Definitions for ORS 285C.050 to 285C.250.
Section 285C.060 - Duties of Oregon Business Development Department; rules.
Section 285C.066 - Department may adopt certain rules.
Section 285C.067 - Consultation with local taxing districts; rules.
Section 285C.068 - Port cosponsorship of zones.
Section 285C.085 - Federal enterprise zones.
Section 285C.090 - Requirements for area to be designated zone; exception.
Section 285C.105 - Duties of zone sponsor.
Section 285C.115 - Change of zone boundaries; positive determination by department required.
Section 285C.125 - Duties of Department of Revenue; rules.
Section 285C.130 - Duties of county assessor.
Section 285C.135 - Requirements for eligibility.
Section 285C.150 - Conditions required by sponsor for authorization; reports.
Section 285C.155 - Minimum employment and other requirements for authorization.
Section 285C.165 - Extension of period of authorization; filing fee.
Section 285C.170 - Construction-in-process exemption.
Section 285C.175 - Enterprise zone exemption; requirements; duration.
Section 285C.180 - Qualified property generally.
Section 285C.200 - Qualifications of business firm; rules.
Section 285C.210 - Substantial curtailment of business operations.
Section 285C.215 - First-source hiring agreements; rules.
Section 285C.220 - Exemption claims; contents; late filing; fees.
Section 285C.225 - Sponsor’s addendum; property schedule; amendments.
Section 285C.230 - Assessor to grant or deny exemption; assistance of sponsor.
Section 285C.235 - Authority of county assessor; authority of sponsor.
Section 285C.245 - Termination; effect of termination on property; procedures.
Section 285C.250 - Redesignation or designation of new zone following zone termination.
Section 285C.255 - Sunset of enterprise zone program.
Section 285C.300 - Definitions for ORS 285C.300 to 285C.320.
Section 285C.306 - Reservation enterprise zones and reservation partnership zones.
Section 285C.320 - Status of reservation enterprise zone and reservation partnership zone; sponsor.
Section 285C.350 - Definitions for ORS 285C.350 to 285C.370.
Section 285C.356 - Application for authorization.
Section 285C.359 - Qualified property.
Section 285C.362 - Exemption; requirements; duration.
Section 285C.400 - Definitions for ORS 285C.400 to 285C.420.
Section 285C.403 - Certification of business firm; application; review; appeal.
Section 285C.406 - Claiming property tax exemption or income tax credit.
Section 285C.409 - Property tax exemption; requirements; duration.
Section 285C.412 - Conditions for continued exemption.
Section 285C.420 - Disqualification; exception; additional taxes.
Section 285C.500 - Definitions for ORS 285C.500 to 285C.506.
Section 285C.503 - Preliminary certification of facility; application; fee; review; appeal.
Section 285C.540 - Definitions for ORS 285C.540 to 285C.559.
Section 285C.543 - Rules; criteria for renewable energy resource equipment manufacturing facilities.
Section 285C.545 - Annual limit to cost of facility in granting tax credits; discretion of director.
Section 285C.547 - Application for preliminary certification; eligibility; contents; fees; rules.
Section 285C.549 - Transferability of facility tax credit.
Section 285C.559 - Revocation of certificate; collection.
Section 285C.600 - Definitions for ORS 285C.600 to 285C.635.
Section 285C.612 - Eligible project application fees.
Section 285C.615 - Annual participant reports; penalty; disclosure; rules.
Section 285C.623 - Strategic investment zones; establishment; fees.
Section 285C.626 - Business firm application for project within strategic investment zone.
Section 285C.653 - Tax credit utilization limit per tax year; rules.
Section 285C.656 - Suspension or revocation of certificate; recapture of tax credit.
Section 285C.659 - Report; posting on Oregon transparency website required.