II 

116TH CONGRESS 

2D SESSION S. 4258 

To establish a grant program for small live venue operators and talent 

representatives. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2020 

Mr. CORNYN (for himself and Ms. KLOBUCHAR) introduced the following bill; 

which was read twice and referred to the Committee on Small Business 

and Entrepreneurship 

A BILL 

To establish a grant program for small live venue operators 

and talent representatives. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Save our Stages Act’’ 

5 or the ‘‘SOS Act’’. 

6 SEC. 2. GRANTS FOR INDEPENDENT LIVE VENUE OPERA7 TORS. 

8 (a) DEFINITIONS.—In this section: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Small Busi3 ness Administration. 

4 (2) ELIGIBLE OPERATOR, PROMOTER, PRO5 DUCER, OR TALENT REPRESENTATIVE.— 

6 (A) IN GENERAL.—The term ‘‘eligible op7 erator, promoter, producer, or talent represent8 ative’’ means a live venue operator or producer 

9 or promoter or a talent representative that 

10 meets the following requirements: 

11 (i) The live venue operator or pro12 ducer or promoter or the talent representa13 tive was fully operational as a live venue 

14 operator or producer or promoter or talent 

15 representative on February 29, 2020. 

16 (ii) As of the date of the grant under 

17 this section— 

18 (I) the live venue operator or 

19 producer or promoter is organizing, 

20 promoting, producing, managing, or 

21 hosting future events described in 

22 paragraph (4)(A)(i); or 

23 (II) the talent representative is 

24 representing or managing artists and 

25 entertainers. 


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1 (iii) The venues at which the live 

2 venue operator or producer or promoter 

3 promotes, produces, manages, or hosts 

4 events described in paragraph (4)(A)(i) or 

5 the artists and entertainers represented or 

6 managed by the talent representative per7 form have the following characteristics: 

8 (I) A defined performance and 

9 audience space. 

10 (II) A mixing desk, public ad11 dress system, and lighting rig. 

12 (III) Employs not less than two 

13 of the following: 

14 (aa) A sound engineer. 

15 (bb) A booker. 

16 (cc) A promoter. 

17 (dd) A stage manager. 

18 (ee) Security personnel. 

19 (ff) A box office manager. 

20 (IV) There is a paid ticket or 

21 cover charge to attend most perform22 ances and artists are paid fairly and 

23 do not play for free or solely for tips, 

24 except for legitimate fundraisers or 

25 similar charitable events. 


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1 (V) For a venue owned or oper2 ated by a nonprofit entity that pro3 duces free events, the events are pro4 duced and managed by paid employ5 ees, not by volunteers. 

6 (VI) Performances are marketed 

7 through listings in printed or elec8 tronic publications, on websites, by 

9 mass email, or on social media. 

10 (iv) The live venue operator or pro11 ducer or promoter or the talent representa12 tive does not have, or is not majority 

13 owned or controlled by an entity with, 

14 more than one of the following characteris15 tics: 

16 (I) Being an issuer, the securities 

17 of which are listed on a national secu18 rities exchange. 

19 (II) Owning or operating venues 

20 or talent agencies or talent manage21 ment companies with offices in more 

22 than 1 country. 

23 (III) Owning or operating venues 

24 in more than 10 States. 


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1 (IV) Employing more than 500 

2 employees, determined on a full-time 

3 equivalent basis in accordance with 

4 subparagraph (B). 

5 (V) Receiving more than 10 per6 cent of gross revenue from Federal 

7 funding. 

8 (B) CALCULATION OF FULL-TIME EMPLOY9 EES.—For purposes of determining the number 

10 of full-time equivalent employees under sub11 paragraph (A)(iv)(IV)— 

12 (i) any employee working not fewer 

13 than 30 hours per week shall be considered 

14 a full-time employee; and 

15 (ii) any employee working not fewer 

16 than 10 hours and fewer than 30 hours 

17 per week shall be counted as one-half of a 

18 full-time employee. 

19 (3) EXCHANGE; ISSUER; SECURITY.—The terms 

20 ‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’ have the 

21 meanings given such terms in section 3(a) of the Se22 curities Exchange Act of 1934 (15 U.S.C. 78c(a)). 

23 (4) LIVE VENUE OPERATOR OR PRODUCER OR

24 PROMOTER.—The term ‘‘live venue operator or pro25 ducer or promoter’’— 


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1 (A) means an individual or entity that— 

2 (i) as not less than 70 percent of the 

3 operations of the person, organizes, pro4 motes, sells tickets, produces, manages, or 

5 hosts live concerts, comedy shows, theat6 rical productions, or other events by per7 forming artists and applies a cover charge 

8 through ticketing or a front door entrance 

9 fee; or 

10 (ii) makes tickets to events described 

11 in clause (i) available for purchase by the 

12 public an average of not less than 60 days 

13 before the date of the event and pays per14 formers in an event described in clause (i) 

15 in an amount that is based on a percent16 age of sales, guarantee (in writing or 

17 standard contract), or another mutually 

18 beneficial formal agreement; and 

19 (B) includes an individual or entity de20 scribed in subparagraph (A) that— 

21 (i) operates for profit or as a non22 profit; 

23 (ii) is government-owned; or 


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1 (iii) is a corporation, limited liability 

2 company, or partnership or operated as a 

3 sole proprietorship. 

4 (5) NATIONAL SECURITIES EXCHANGE.—The 

5 term ‘‘national securities exchange’’ means an ex6 change registered as a national securities exchange 

7 under section 6 of the Securities Exchange Act of 

8 1934 (15 U.S.C. 78f). 

9 (6) STATE.—The term ‘‘State’’ means— 

10 (A) a State; 

11 (B) the District of Columbia; 

12 (C) the Commonwealth of Puerto Rico; 

13 and 

14 (D) any other territory or possession of the 

15 United States. 

16 (7) TALENT REPRESENTATIVE.—The term ‘‘tal17 ent representative’’— 

18 (A) means an agent or manager that— 

19 (i) as not less than 70 percent of the 

20 operations of the agent or manager, is en21 gaged in representing or managing artists 

22 and entertainers; 

23 (ii) books musicians, comedians, ac24 tors, or similar performing artists priVerDate Sep 11 2014 02:36 Aug 04, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4258.IS S4258

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1 marily in independent venues or at fes2 tivals; and 

3 (iii) represents performers described 

4 in clause (ii) that are paid in an amount 

5 that is based on the number of tickets sold, 

6 or a similar basis; and 

7 (B) includes an agent or manager de8 scribed in subparagraph (A) that— 

9 (i) operates for profit or as a non10 profit; 

11 (ii) is government-owned; or 

12 (iii) is a corporation, limited liability 

13 company, or partnership or operated as a 

14 sole proprietorship. 

15 (b) AUTHORITY.— 

16 (1) INITIAL GRANTS.—The Administrator may 

17 make initial grants to eligible operators, promoters, 

18 and talent representatives in accordance with this 

19 section. 

20 (2) SUPPLEMENTAL GRANTS.—The Adminis21 trator may make a supplemental grant in accordance 

22 with this section to an eligible operator, promoter, 

23 producer, or talent representative that receives a 

24 grant under paragraph (1) if, as of December 1, 

25 2020, the revenues of the eligible operator, proVerDate Sep 11 2014 02:36 Aug 04, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4258.IS S4258

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1 moter, producer, or talent representative for the 

2 most recent calendar quarter are not more than 20 

3 percent of the revenues of the eligible operator, pro4 moter, producer, or talent representative for the cor5 responding calendar quarter during 2019 due to the 

6 COVID–19 pandemic. 

7 (c) AMOUNT.— 

8 (1) INITIAL GRANTS.—A grant under sub9 section (b)(1) shall be in the amount equal to the 

10 lesser of— 

11 (A) the amount equal to 45 percent of the 

12 gross revenue of the eligible operator, promoter, 

13 producer, or talent representative during 2019; 

14 (B) for an eligible operator, promoter, pro15 ducer, or talent representative that began oper16 ations after January 1, 2019, the amount equal 

17 to the product obtained by multiplying— 

18 (i) the average monthly gross revenue 

19 for each full month during which the entity 

20 was in operation during 2019; by 

21 (ii) 6; or 

22 (C) $12,000,000. 

23 (2) SUPPLEMENTAL GRANTS.—A grant under 

24 subsection (b)(2) shall be in the amount equal to 50 

25 percent of the grant received by the eligible operator, 


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1 promoter, producer, or talent representative under 

2 subsection (b)(1). 

3 (d) USE OF FUNDS.— 

4 (1) TIMING.— 

5 (A) EXPENSES INCURRED.— 

6 (i) IN GENERAL.—Except as provided 

7 in clause (ii), amounts received under a 

8 grant under this section may be used for 

9 costs incurred during the period beginning 

10 on March 1, 2020, and ending on Decem11 ber 31, 2020. 

12 (ii) EXTENSION FOR SUPPLEMENTAL

13 GRANTS.—If an eligible operator, pro14 moter, producer, or talent representative 

15 receives a grant under subsection (b)(2), 

16 amounts received under either grant under 

17 this section may be used for costs incurred 

18 during the period beginning on March 1, 

19 2020, and ending on June 30, 2021. 

20 (B) EXPENDITURE.— 

21 (i) IN GENERAL.—Except as provided 

22 in clause (ii), an eligible operator, pro23 moter, producer, or talent representative 

24 shall return to the Administrator any 

25 amounts received under a grant under this 


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1 section that are not expended on or before 

2 the date that is 1 year after the date of 

3 disbursement of the grant. 

4 (ii) EXTENSION FOR SUPPLEMENTAL

5 GRANTS.—If an eligible operator, pro6 moter, producer, or talent representative 

7 receives a grant under subsection (b)(2), 

8 the eligible operator, promoter, producer, 

9 or talent representative shall return to the 

10 Administrator any amounts received under 

11 either grant under this section that are not 

12 expended on or before the date that is 18 

13 months after the date of disbursement to 

14 the eligible operator, promoter, producer, 

15 or talent representative of the grant under 

16 subsection (b)(1). 

17 (2) ALLOWABLE EXPENSES.—An eligible oper18 ator, promoter, producer, or talent representative 

19 may use amounts received under a grant under this 

20 section for— 

21 (A) payroll costs for employees and fur22 loughed employees, including— 

23 (i) costs for continuation coverage 

24 provided pursuant to part 6 of subtitle B 

25 of title I of the Employee Retirement InVerDate Sep 11 2014 02:36 Aug 04, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4258.IS S4258

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1 come Security Act of 1974 (other than 

2 under section 609), title XXII of the Pub3 lic Health Service Act, section 4980B of 

4 the Internal Revenue Code of 1986 (other 

5 than subsection (f)(1) of such section inso6 far as it relates to pediatric vaccines), or 

7 section 8905a of title 5, United States 

8 Code, or under a State program that pro9 vides comparable continuation coverage, 

10 other than coverage under a health flexible 

11 spending arrangement under a cafeteria 

12 plan within the meaning of section 125 of 

13 the Internal Revenue Code of 1986; or 

14 (ii) any other non-cash benefit; 

15 (B) rent; 

16 (C) utilities; 

17 (D) mortgage interest payments on exist18 ing mortgages as of February 15, 2020; 

19 (E) scheduled interest payments on other 

20 scheduled debt as of February 15, 2020; 

21 (F) costs related to personal protective 

22 equipment; 

23 (G) payments of principal on outstanding 

24 loans; 


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1 (H) payments made to independent con2 tractors, as reported on Form–1099 MISC; and 

3 (I) other ordinary and necessary business 

4 expenses, including— 

5 (i) settling existing debts owed to ven6 dors; 

7 (ii) maintenance expenses; 

8 (iii) administrative costs; 

9 (iv) taxes; 

10 (v) operating leases; 

11 (vi) insurance; and 

12 (vii) any other capital expenditure or 

13 expense required under any State, local, or 

14 Federal law or guideline related to social 

15 distancing. 

16 (3) PROHIBITED EXPENSES.—An eligible oper17 ator, promoter, producer, or talent representative 

18 may not use amounts received under a grant under 

19 this section— 

20 (A) to purchase real estate; 

21 (B) for payments of interest or principal 

22 on loans originated after February 15, 2020; 

23 (C) to invest or re-lend funds; 


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1 (D) for contributions or expenditures to, or 

2 on behalf of, any political party, party com3 mittee, or candidate for elective office; or 

4 (E) for any other use as may be prohibited 

5 by the Administrator. 

6 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated $10,000,000,000 to carry 

8 out this section. 

Æ 


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