Title 12, Chapter 3, Section 219
( 12-3-219)
(a) It is found, determined, and declared that the creation of the
association and the carrying out of its corporate purposes are in
all respects for the benefit of the people of this state and that
the association is an institution of purely public charity and will
be performing an essential governmental function in the exercise of
the power conferred upon it by this part. Except as otherwise
provided in subsection (b) of this Code section, this state
covenants with the holders of the bonds that the association shall
be required to pay no taxes or assessment upon any of the property
acquired or leased by it under its jurisdiction, control,
possession, or supervision, or upon its activities in the operation
or maintenance of the project erected by it, or upon any fees,
rental, or other charges for the use of the facilities or services
of the project, or upon other income received by the association.
Further, this state covenants that the bonds of the association,
their transfer, and the income therefrom shall at all times be
exempt from taxation from within the state. (b)(1) Facilities, services, and charges for the use of facilities and services of any project owned or operated by the association shall not be exempt from and shall be subject to taxes under Article 3 of Chapter 13 of Title 48, notwithstanding any provision to the contrary in paragraph (1) of subsection (a) of Code Section 48-13-51, and shall not be exempt from and shall be subject to any taxes on alcoholic beverages under Title 3, the "Georgia Alcoholic Beverage Code," to the extent that either or both such taxes are levied. (2) Notwithstanding any provision of paragraph (3) of subsection (a) of Code Section 48-13-51 to the contrary: (A) The association shall retain and not remit to the county or municipality levying such tax, in each fiscal year during which a tax is collected under paragraph (3) of subsection (a) of Code Section 48-13-51, an amount equal to the amount by which the total taxes collected under Code Section 48-13-51 exceed the taxes which would be collected at the rate of 3 percent; (B) The association shall expend the funds retained for the
purposes of promotion and advertising of the project operated
under the jurisdiction of the association from which the money
was collected or for similar purposes of promoting, advertising,
stimulating, and developing conventions and tourism in the
county or municipality in which the project is operated as long
as said promotion or advertising prominently features the
project operated under the jurisdiction of the association; and (C) The association shall submit a report to the governing authority of the county or municipality levying such tax for each fiscal year during which a tax is collected under paragraph (3) of subsection (a) of Code Section 48-13-51 which report shall include the total funds retained by the association under this paragraph and the manner in which such funds were expended. |