2023 New York Laws › COM - Economic Development Law › Article 25 - Restaurant Return-to-Work Tax Credit Program › 472 - Definitions.

§ 472. Definitions. For the purposes of this article:
1.  "Average  full-time  employment"  shall mean the average number of
full-time equivalent positions employed  by  a  business  entity  in  an
eligible industry during a given period.
2.  "Average starting full-time employment" shall be calculated as the
average number of full-time equivalent positions employed by a  business
entity  in  an  eligible  industry  between  January first, two thousand
twenty-one, and March thirty-first, two thousand twenty-one.
3. "Average ending full-time employment" shall be  calculated  as  the
average  number of full-time equivalent positions employed by a business
entity in  an  eligible  industry  between  April  first,  two  thousand
twenty-one,  and either August thirty-first, two thousand twenty-one, or
December thirty-first,  two  thousand  twenty-one,  whichever  date  the
business entity chooses to use.
4. "Certificate of tax credit" means the document issued to a business
entity  by  the  department  after  the department has verified that the
business entity has met all  applicable  eligibility  criteria  in  this
article.  The  certificate  shall  specify  the  exact amount of the tax
credit under this article that a business entity may claim, pursuant  to
section four hundred seventy-five of this article.
4-a.  "Certificate of additional tax credit" means the document issued
to a business entity by the department after the department has verified
that the business entity has met all applicable eligibility criteria  in
this  article. The certificate shall specify the exact amount of the tax
credit under this article that a business entity may claim  pursuant  to
section four hundred seventy-five-a of this article.
5.  "Commissioner"  shall  mean  commissioner  of  the  department  of
economic development.
6. "Department" shall mean the department of economic development.
7. "Eligible industry" means a business entity operating predominantly
in the COVID-19 impacted food services sector.
8. "Net employee increase" means an increase of at least one full-time
equivalent employee between the average  starting  full-time  employment
and the average ending full-time employment of a business entity.
9. "COVID-19 impacted food services sector" means:
(a)  independently  owned  establishments  that are located inside the
city of New York and have been subjected to a ban on indoor  dining  for
over  six  months  and  are  primarily  organized to prepare and provide
meals, and/or beverages to  customers  for  consumption,  including  for
immediate   indoor   on-premises  consumption,  as  further  defined  in
regulations pursuant to this article; and
(b) independently owned establishments that are located outside of the
city of New York in an area which has been and/or remains designated  by
the  department  of health as either an orange zone or red zone pursuant
to Executive Order 202.68 as amended, and for which such designation was
or has been in effect and resulted in additional restrictions on  indoor
dining for at least thirty consecutive days, and are primarily organized
to  prepare  and  provide  meals,  and/or  beverages  to  customers  for
consumption, including for immediate indoor on-premises consumption,  as
further defined in regulations pursuant to this article.