10-45B-1.1.   New business facility defined. For the purposes of this chapter, the term, new business facility, means a new building or structure or the expansion of an existing building or structure, including a power generation facility, the construction of which is subject to the contractor's excise tax pursuant to chapter 10-46A or 10-46B. A new business facility does not include any building or structure:

             (1)      Used predominantly for the sale of products at retail, other than the sale of electricity at retail, to individual consumers;

             (2)      Used predominantly for residential housing or transient lodging;

             (3)      Used predominantly to provide health care services; or

             (4)      That is not subject to ad valorem real property taxation or equivalent taxes measured by gross receipts.

Source: SL 2005, ch 78, § 2; SL 2005, ch 80, § 1.

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