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.
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