48-6231. Constructing and maintaining theme parks; limitation on retail sales

(Conditionally Rpld.)

A. The district may provide for the construction, financing, furnishing and maintenance of one or more theme parks in both the city or cities and the county establishing the district. The district shall own all buildings and other improvements it constructs, subject only to liens and other security interests of record. The district may construct its facilities on real property owned by the district or leased by the district from one or more site hosts as provided by section 48-6233.

B. Not more than one-half of the business conducted at any theme park facility may consist of retail sales of tangible personal property, measured either by the number of employees assigned to retail sales or the square footage of the facility used for retail sales. For the purposes of this subsection, " retail sales" means the sale of tangible personal property to an ultimate consumer. Retail sales do not include:

1. Sales of food and beverages for consumption on the premises of the theme park facility.

2. The distribution without charge of promotional products that display the theme park logo or trademark.

3. Sales solely to employees of the theme park.

C. Title 34 applies to the district, except that notwithstanding title 41, chapter 23, the district may use alternative systems and procedures, including design-build construction and qualifications-based selection of contractors, either by direct selection or by public competition, to expedite the design and construction of any of its facilities or structures or any facilities or structures leased to it or used by it pursuant to an intergovernmental agreement. For the purposes of this subsection:

1. " Design-build" means a process of entering into and managing a contract between the district and another party in which the other party agrees to both design and build any structure, facility or other items specified in the contract.

2. " Qualifications-based selection" means a process of entering into and managing a contract between the district and another party in which the other party is selected by the district on the basis of the party's qualifications and experience in designing or constructing facilities, structures or other items similar to those the district is authorized to construct or lease.