This section says a music venue or music festival promoter can qualify for a rebate only if it meets listed business and activity criteria for the two years before applying, with a disaster-area discretionary exception.
Sec. 485.043. ELIGIBILITY FOR REBATE. (a) Except as provided by Subsection (b), to qualify for a rebate under the program, a music venue or music festival promoter, for at least the two years preceding the date on which the music venue or promoter, as applicable, submits an application under Section 485.044, must have: (1) been a permittee subject to the mixed beverage gross receipts tax or a permit holder subject to the sales tax on the sale of beer or wine; (2) if the applicant is a music venue, been a retail establishment with a dedicated audience capacity of not more than 3,000 persons; (3) if the applicant is a music festival promoter, held a music festival in a county with a population of less than 100,000; (4) entered into a written contract with a musical performance artist to conduct a live performance at the venue or festival, as applicable, under which the artist received as compensation a specified percentage of ticket sales for or other sales during the performance, or a guaranteed amount in advance of the performance; and (5) met at least five of the following criteria, one of which must be described by Paragraph (A) or (B): (A) the marketing of live music performances through listings in printed or electronic publications; (B) the provision of live music performances five or more nights per week; (C) employment or contracting of the services of one or more people who are tasked with two or more of the following positions or services: (i) sound engineer; (ii) booker; (iii) promoter; (iv) stage manager; or (v) security personnel; (D) having live performance and audience space; (E) the provision of technical sound and lighting support, either in-house or through a contract with a vendor; (F) having a space for the storage of audio equipment or musical instruments; (G) the application of cover charges to one or more live music performances through ticketing or the imposition of a front door entrance fee; or (H) the maintenance of hours of operation that coincide with live music performance show times. (b) The office may, at the office's discretion, provide a rebate under the program to a music venue or a music festival promoter that fails to meet the eligibility requirements prescribed by Subsection (a) solely because the venue is located, or the festival is usually held, as applicable, in a county located wholly or partly in an area that at any time during the preceding two-year period was declared to be a disaster area by the governor or by the president of the United States. Added by Acts 2021, 87th Leg., R.S., Ch. 84 (S.B. 609), Sec. 1, eff. September 1, 2021.