Illinois Administrative Code › Title 14 - COMMERCE › Part 690 - BUSINESS INTERRUPTION GRANT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 690.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Acutely Distressed Industry" means a business that has
				  annual revenues of $20 million or less; has been closed or is operating at a
				  significantly diminished capacity since March 13, 2020; is likely to continue
				  to do so until Phase 5 of the Restore Illinois Plan; and is a member of a
				  select industry. Select industries include, but are not limited to, amusement
				  parks, bus operating companies, event venues, indoor recreation, movie
				  theaters, museums, music venues, and performing arts venues.
"Affiliate" means a business that is at least 50% or more
				  owned or controlled by another person with at least 50% ownership or control.
				  Control is not required to be exercised to establish an affiliate relationship;
				  it is sufficient for one person to possess the authority to control the other
				  person to establish an affiliate relationship.
"Allotment Tier" means the classification of a county as
				  either having received a direct allotment from the CRF or not having received a
				  direct allotment from the CRF.
"Allowable Expenditure" means a necessary expenditure that
				  the Department has authorized for reimbursement under BIG in accordance with
				  Section
				  690.90.
"Amusement Park" means a park, fairground, or recreational
				  and entertainment complex that supplies refreshments and multiple entertainment
				  and recreational activities, including, but not limited to, amusement parks,
				  theme parks, water parks, and attractions.
"Applicant" means a qualifying business that applies for
				  funding under BIG.
"Barbershops and Salons" means an entity possessing an active
				  license under Article IIID of the Barber, Cosmetology, Esthetics, Hair
				  Braiding, and Nail Technology Act of 1985 [225 ILCS 410], or a person
				  possessing an active barber, cosmetologist, esthetician, nail technician, or
				  hair braider license under that Act who is self-employed and has no employees
				  or contractors.
"Bus Operating Company" means a business that provides, for a
				  third party, transportation, including the bus and driver, for a group of
				  people from one location to another. These businesses may provide, but are not
				  limited to, charter buses, interurban and rural buses, and shuttle
				  services.
"Business" means a for-profit enterprise or non-profit
				  organization lawfully conducting business in Illinois. This term does not
				  include any business that is prohibited from receiving funds under section
				  5001(b) of the CARES Act.
"CARES Act" means the federal Coronavirus Aid, Relief, and
				  Economic Security Act (P.L. 116-136).
"Cost of Business Interruption" means:
decreases in revenue caused by closing or limiting access to
				  the business establishment to comply with COVID-19 prevention directives or to
				  otherwise prevent the spread of COVID-19 within the business
				  establishment;
decreases in revenue caused by decreased customer demand as a
				  result of the COVID-19 emergency; or
other revenue reductions approved for reimbursement from the
				  CRF by the U.S. Department of the Treasury.
"COVID-19" means
the novel coronavirus disease deemed
				  COVID-19 by the World Health Organization on February 11, 2020
.
				  [20
				  ILCS 605/605-1050(g)(1)]
"COVID-19 Emergency" means the national public health
				  emergency declared March 13, 2020.
"COVID-19 Prevention Directives" means all laws, orders,
				  regulations, and guidance relevant to and in effect during the COVID-19
				  emergency that pertain to preventing the spread of COVID-19, including
				  Executive Orders and preventative guidelines issued by the Illinois Governor,
				  the Illinois Emergency Management Agency, the Department, or the Illinois
				  Department of Public Health.
"CRF" means the Coronavirus Relief Fund established by the
				  CARES Act.
"CURE Fund" means the State Coronavirus Urgent Remediation
				  Emergency Fund (see
				  20 ILCS
				  605/605-1045).
"DCEO Law" means the Department of Commerce and Economic
				  Opportunity Law [20 ILCS 605].
"DCFS" means the Illinois Department of Children and Family
				  Services.
"Department" means the Illinois Department of Commerce and
				  Economic Opportunity.
"Depopulation and Disposal Event" or "DDE" means swine
				  destroyed in a 7-day period at a single location (based on premise ID) due to
				  market supply chain disruption.
"DHS" means the Illinois Department of Human Services.
"Disproportionately Impacted Area" means those ZIP Codes most
				  severely affected by the COVID-19 emergency, to be determined based on positive
				  COVID-19 case per capita rates, and high rates in at least one of the following
				  poverty-related categories relative to other ZIP Codes within their
				  region:
share of population consisting of children age 6 to 17 in
				  households with income less than 125% of the federal poverty level;
share of population consisting of adults over age 64 in
				  households with income less than 200% of the federal poverty level;
share of population in household with income less than 150%
				  of the federal poverty level; and
share of population consisting of children ages 5 and under
				  in households with income less than 185% of the federal poverty level.
The Department, using these criteria, may determine different
				  eligibility thresholds when allocating funding for the Allotment Tiers.
"DOA" means the Illinois Department of Agriculture.
"Downstate Illinois" includes all counties in the State of
				  Illinois that did not receive a direct allocation from the Coronavirus Relief
				  Fund. Those counties that did receive a direct allocation are Cook, DuPage,
				  Kane, Lake, and Will Counties.
"Eligible Loan" means
a loan of up to $50,000 that
				  was deemed eligible for funding under the Department's Emergency Loan Fund
				  Program and for which repayment will be eligible for reimbursement from CRF
				  monies pursuant to section 5001 of the CARES Act and any related federal
				  guidance.
[20
				  ILCS 605/605-1050(g)(3)]
"Emergency Loan Fund Program" or "ELF" means a program
				  implemented
by the Department by which the State Small Business Credit
				  Initiative Fund is utilized to guarantee loans released by a financial
				  intermediary or qualified partner.
[20
				  ILCS 605/605-1050(g)(4)]
"Event Venue" means a business (excluding a higher education
				  institution) that is engaged in leasing out a location for private
				  events.
"Financial Assistance" means financial support to an Illinois
				  business in the form of a grant, expense reimbursement, or subsidy.
"Fitness Center" means a business consisting of at least one
				  fixed establishment that is open to members or the general public to
				  participate in activities related to physical fitness at that location, with
				  those activities including:
instruction, training, or assistance in physical culture,
				  bodybuilding, exercising, weight loss, figure development, judo, karate,
				  self-defense training, or any similar activity;
access to the business' facilities for self-directed
				  exercise; or
membership in any group formed by a physical fitness center
				  for any of the above purposes.
"Food and Beverage Establishment" means a restaurant or bar
				  business enterprise consisting of at least one establishment that is licensed
				  or otherwise permitted to sell food or beverages for on-site consumption, and
				  does not include event spaces or banquet halls, grocery or convenience stores,
				  night clubs or strip clubs, or a business that derives less than 80% of its
				  gross revenue from food and beverage sales.
"GATA" means the Illinois Grant Accountability and
				  Transparency Act [30 ILCS 708].
"GATA Rule" means 44 Ill. Adm. Code 7000.
"Indoor Recreation" means a business that provides an indoor
				  facility with usable indoor space designated for indoor play or fitness
				  activities. These activities include, but are not limited to, bowling alleys,
				  skating rinks, trampoline parks, indoor playgrounds, field houses, laser tag,
				  arcades, and indoor sports facilities (not fitness centers).
"Leadership Member" means any:
executive officer of the Department, including the Director,
				  Assistant Director, Chief Operating Officer, Chief Financial Officer, and Chief
				  of Staff; or
any corporate officer of an independent business entity,
				  including the president, any vice president in charge of a principal business
				  unit, division or function, or any "C" level executive, including, but not
				  limited to, the Chief Executive Officer, Chief Financial Officer, or the Chief
				  Operations Officer, who is responsible for company-wide decisions or who
				  performs major policymaking functions.
"Livestock Management Facility" means an operation where
				  livestock (swine, beef cattle, dairy cattle, poultry, sheep, and meat
				  goats):
are primarily used in the production of food, fiber, or other
				  products; and
have been, are, or will be fed, confined, maintained or
				  stabled for a total of 45 days or more in any 12-month period.
"Microbusiness" means a business with annual sales valued at
				  less than $100,000 per year, with fewer than 10 employees including the
				  owner.
"Movie Theater" means a theater where movies are shown for
				  public entertainment.
"Museum" means an institution or entity located in Illinois
				  that:
is operated by a 501(c)(3) organization (that is not owned or
				  operated by a government entity);
is operated primarily for educational, scientific, historic
				  preservation, cultural, or aesthetic purposes; and
owns, borrows, cares for, exhibits, studies, archives, or
				  catalogs property.
"Music Venue" means a business entity that provides space for
				  live music performance and whose primary source of revenue comes from the
				  attendance of patrons of those performances. These venues often provide:
a defined performance and audience space;
a mixing desk and a public address system;
for the receipt of a cover charge (through ticketing or a
				  front door entrance fee) from patrons attending a music performance; and
marketing of specific acts through gig listings in printed or
				  electronic publications, or through event listings in physical or electronic
				  format.
"Necessary Expenditure" means an expenditure of funds that is
				  eligible for reimbursement from the CRF and necessary to:
respond to the COVID-19 emergency; or
reimburse the cost of business interruption.
"Non-Profit Organization" means an organization that is
				  registered as a non-profit corporation with the Illinois Secretary of
				  State.
"Performing Arts Venue" means a business that provides space
				  for various performing arts, including music, dance, drama, or similar
				  presentations. These venues exclude organizations that primarily operate as an
				  educational institution.
"Premises ID" means the standardized unique identifier that
				  is permanently assigned to a physical location by the U.S. Department of
				  Agriculture (USDA).
"Program Participant" means the business that receives
				  financial assistance under the Program.
"Qualified Non-Profit Organization" means a community-based
				  organization that:
is a certified non-profit under State or federal laws;
is located in modest and low-income census tracts; and
has a demonstrable record of serving diverse, underserved,
				  and minority-owned small businesses.
"Qualifying Business" means
a business or
				  organization that
experienced or
is experiencing business
				  interruption due to the COVID-19 public health emergency and
for which
				  provision of financial assistance under the Program
is eligible for
				  reimbursement as prescribed by section 601(a) of the Social Security
				  Act
(42 USC)
as added by section 5001 of the CARES Act, or
				  other federal legislation addressing the COVID-19 emergency. A qualifying
				  business includes self-employed individuals and independent
				  contractors.
[20
				  ILCS 605/605-1050(g)(2)]
"Qualified Partner" means
a financial institution or
				  nonprofit with which the Department,
or another State agency pursuant
				  to an intergovernmental agreement with the Department,
has entered into
				  an agreement or contract to provide or incentivize assistance to qualifying
				  businesses.
[20
				  ILCS 605/605-1050(g)(5)]
"Qualifying Small Business" means a small business that is a
				  qualifying business, as those terms are defined in this Section.
"Restore Illinois Plan" means the framework announced by the
				  Governor of the State of Illinois to safely reopen Illinois in five phases,
				  with any modifications to that plan.
"Severely Disproportionately Impacted Area" means a
				  disproportionately impacted area that has experienced heightened adverse
				  economic conditions since March 13, 2020, which may include high rates of
				  business closures or losses, unemployment, poverty rates, or other economic
				  factors.
"Small Business" means a business enterprise that:
is physically operating in Illinois;
generated 51% or more of its revenue in Illinois in 2019;
				  and
has fewer than 250 full-time employees prior to March 13,
				  2020 or is not dominant in its field within Illinois, as determined by the
				  Department.
"Uniform Guidance" means the Uniform Administrative
				  Requirements, Cost Principles, and Audit Requirements for Federal Awards,
				  codified at 2 CFR 200, as amended.