710 
(III) Engages 1 or more individ-
uals to carry out not less than 2 of 
the following roles: 
(aa) A sound engineer. 
(bb) A booker. 
(cc) A promoter. 
(dd) A stage manager. 
(ee) Security personnel. 
(ff) A box office manager. 
(IV) There is a paid ticket or 
cover charge to attend most perform-
ances and artists are paid fairly and 
do not play for free or solely for tips, 
except for legitimate fundraisers or 
similar charitable events. 
(V) For a venue owned or oper-
ated by a nonprofit entity that pro-
duces free events, the events are pro-
duced and managed by paid employ-
ees, not by volunteers. 
(VI) Performances are marketed 
through listings in printed or elec-
tronic publications, on websites, by 
mass email, or on social media. 
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711 
(iv) The live venue operator or pro-
ducer or promoter or the talent representa-
tive does not have, or is not majority 
owned or controlled by an entity with, 
more than 1 of the following characteris-
tics: 
(I) Being an issuer, the securities 
of which are listed on a national secu-
rities exchange. 
(II) Owning or operating venues 
or talent agencies or talent manage-
ment companies with offices in more 
than 1 country. 
(III) Owning or operating venues 
in more than 10 States. 
(IV) Employing more than 500 
employees, determined on a full-time 
equivalent basis in accordance with 
subparagraph (B). 
(V) Receiving more than 10 per-
cent of gross revenue from Federal 
funding. 
(B) CALCULATION OF FULL-TIME EMPLOY-
EES.—For purposes of determining the number 
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712 
of full-time equivalent employees under sub-
paragraph (A)(iv)(IV)— 
(i) any employee working not fewer 
than 30 hours per week shall be considered 
a full-time employee; and 
(ii) any employee working not fewer 
than 10 hours and fewer than 30 hours 
per week shall be counted as one-half of a 
full-time employee. 
(3) EXCHANGE; ISSUER; SECURITY.—The terms 
‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’ have the 
meanings given such terms in section 3(a) of the Se-
curities Exchange Act of 1934 (15 U.S.C. 78c(a)). 
(4) LIVE VENUE OPERATOR OR PRODUCER OR 
PROMOTER.—The term ‘‘live venue operator or pro-
ducer or promoter’’— 
(A) means— 
(i) an individual or entity— 
(I) that organizes, promotes, sells 
tickets, produces, manages, or hosts 
live concerts, comedy shows, theatrical 
productions, or other events by per-
forming artists and applies cover 
charge through ticketing or front door 
entrance fee; and 
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(II) not less than 70 percent of 
the revenue of which is generated 
through cover charges or ticket sales 
and the sale of beverages, food, or 
merchandise during such live events; 
or 
(ii) as a principle business activity, 
makes tickets to events described in clause 
(i)(I) available for purchase by the public 
an average of not less than 60 days before 
the date of the event and pays performers 
in an event described in clause (i)(I) in an 
amount that is based on a percentage of 
sales, guarantee (in writing or standard 
contract), or another mutually beneficial 
formal agreement; and 
(B) includes an individual or entity de-
scribed in subparagraph (A) that— 
(i) operates for profit or as a non-
profit; 
(ii) is government-owned; or 
(iii) is a corporation, limited liability 
company, or partnership or operated as a 
sole proprietorship. 
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714 
(5) NATIONAL
SECURITIES
EXCHANGE.—The 
term ‘‘national securities exchange’’ means an ex-
change registered as a national securities exchange 
under section 6 of the Securities Exchange Act of 
1934 (15 U.S.C. 78f). 
(6) STATE.—The term ‘‘State’’ means— 
(A) a State; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
and 
(D) any other territory or possession of the 
United States. 
(7) TALENT REPRESENTATIVE.—The term ‘‘tal-
ent representative’’— 
(A) means an agent or manager that— 
(i) as not less than 70 percent of the 
operations of the agent or manager, is en-
gaged in representing or managing artists 
and entertainers; 
(ii) books musicians, comedians, ac-
tors, or similar performing artists pri-
marily in independent venues or at fes-
tivals; and 
(iii) represents performers described 
in clause (ii) that are paid in an amount 
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715 
that is based on the number of tickets sold, 
or a similar basis; and 
(B) includes an agent or manager de-
scribed in subparagraph (A) that— 
(i) operates for profit or as a non-
profit; 
(ii) is government-owned; or 
(iii) is a corporation, limited liability 
company, or partnership or operated as a 
sole proprietorship. 
(b) AUTHORITY.— 
(1) INITIAL GRANTS.—The Administrator may 
make initial grants to eligible operators, promoters, 
and talent representatives in accordance with this 
section. 
(2) SUPPLEMENTAL
GRANTS.—The Adminis-
trator may make a supplemental grant in accordance 
with this section to an eligible operator, promoter, 
producer, or talent representative that receives a 
grant under paragraph (1) if, as of December 1, 
2020, the revenues of the eligible operator, pro-
moter, producer, or talent representative for the 
most recent calendar quarter are not more than 20 
percent of the revenues of the eligible operator, pro-
moter, producer, or talent representative for the cor-
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