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WEST VIRGINIA CODE
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WVC 64-10-4

§64-10-4.  Tourism Commission.

The legislature directs the Tourism Commission, pursuant to the authority given to the Commission in section nine, article two, chapter five-b of this code, to promulgate the legislative rule filed in the State Register by the Department of Tourism on May 3, 2010, relating to the Direct Advertising Grants Program (144 CSR 1), with the amendments set forth below:

By amending the title of the rule to replace the authorizing agency, currently identified as the Division of Tourism, with the Tourism Commission;

On page one, section two, by striking out all of subdivision 2.4.2 and inserting in lieu thereof a new subdivision 2.4.2 to read as follows:

2.4.2. Entertainment establishments which include, but are not limited to, pari-mutuel gaming establishments, live performing art centers, sporting organizations or arenas, vineyards or wineries, craft breweries, distilleries, and mini-distilleries;

On pages one and two, section two, by striking out all of subdivision 2.7.4 and inserting in lieu thereof a new subdivision 2.7.4 to read as follows:

2.7.4. Entertainment establishments which include, but are not limited to, pari-mutuel gaming establishments, live performing art centers, sporting organizations or arenas, vineyards or wineries, craft breweries, distilleries, and mini-distilleries;

On page six, section six, by striking out all of subsection 6.2 and inserting in lieu thereof a new subsection 6.2 to read as follows:

6.2. Seventy-five percent (75%) of a project’s direct advertising must be directed toward areas outside of the local market or in major out-of-state markets, except for direct advertising for a fair or festival grant authorized by subsection 7.3 of this rule.  The Commission reserves the right on a case by case basis to allow local market media in excess of 25% of a project’s direct advertising that cost effectively reaches a well-researched target market.;

On page eight, section seven, by striking out all of subsection 7.2 and inserting in lieu thereof a new subsection 7.2 to read as follows:

7.2. There is hereby established a small grants program to be administered by the Division.  Awards under this program shall not exceed $7,500 per applicant and no applicant shall receive more than one grant per fiscal year.  The applicant and partner(s) must provide a minimum of 25 percent of the total project cost.  Total grants awarded under this program in any fiscal year shall be used by the applicant solely for advertising purposes.  Small grant awards shall require the approval of the director of the Division.  Grant applications must be received by established deadlines.  No applicant who has received a grant larger than $7,500 in any fiscal year may apply for a small grant under this section during the same fiscal year.

On page eight, section seven, by striking out all of subsection 7.3 and inserting in lieu thereof a new subsection 7.3 to read as follows:

7.3. There is hereby established a Fairs and Festivals grants program to be administered by the Division.  Awards under this program shall be limited to Fairs and Festivals, and grants shall not exceed $5,000 per applicant per year.  The applicant must provide a minimum of 50 percent of the total project cost, but the requirements of subsection 5.5 of these rules shall not apply to the Fairs and Festivals grants program.  Total grants awarded under this program shall be used by the applicant solely for advertising purposes.  Fairs and Festivals grant awards shall require the approval of the Director of the Division.  Grant applicants must be received by established deadlines.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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