OAR 123-070-1150: Affected Businesses

For purposes of this division of administrative rules: (1) A Benefited Business means any for-profit business firm (regardless of its form of ownership or organization) that benefits directly or substantially from a state lottery-funded program, as indicated below in this section: (a) Any of the following programs, throughout this state, except as set forth in section (3) of this rule: (A) Oregon Business Development Fund (ORS 285B.050 to 285B.098); (B) Strategic Reserve Fund (ORS 285B.266); or (b) Any program financed by state lottery funds and administered by the Department, as so determined by the Director, including but not limited to industry development activities under ORS 285B.280 to 285B.286. (2) A Benefited Business also means either of the following, regardless if section (1) of this rule applies too: (a) An “authorized business firm” as defined under ORS 285C.050(2) for an enterprise zone exemption on qualified property from ad valorem taxation under 285C.175; or (b) A business firm approved to receive or receiving the partial exemption of property from ad valorem taxation as an eligible project of the Strategic Investment Program under ORS 285C.600 to 285C.626. (3) Regardless of association with a program in subsection (1)(a) or (b) of this rule, a business firm is not a “Benefited Business” solely because it receives any of the following from the Department, a grantee or any other entity: (a) A purchase order or contract to provide services; (b) Funds strictly for marketing or research activities; or (c) Any grant or loan of $100,000 or less. (4) Benefits substantially from any program by way of loan or grant financed by state lottery funds” as used in ORS 461.740(4)(a) and section (1) of this rule means that the business firm: (a) Receives benefits through infrastructure or facility improvements financed by an entity that is receiving state lottery-funded loan or grant assistance to immediately make such improvements; and (b) Was given prior notice from the Department or the entity that the First Source Agreement was a condition for the facility or infrastructure improvements or modifications arising from lottery funds.