Arkansas Administrative Code › Agency 233 - Department of Parks, Heritage, and Tourism › Division 02 - Division of Tourism › Rule 233.02.20-002 - Business Interruption Grant

Current through Register Vol. 49, No. 6, June, 2024
ARKANSAS DEPARTMENT OF PARKS, HERITAGE AND
				TOURISM
ARKANSAS DEPARTMENT OF COMMERCE, ARKANSAS ECONOMIC
				DEVELOPMENT COMMISSION
ARKANSAS DEPARTMENT OF FINANCE AND
				ADMINISTRATION
BUSINESS INTERUPTION GRANT PROGRAM FOR THE
				ARKANSAS SERVICE AND HOSPITALITY INDUSTRIES EMERGENCY
				RULES
STATUTORY
				AUTHORITY
Governor Asa Hutchinson issued Executive Order 20-03 on March
				11, 2020 declaring a public health emergency due to the Coronavirus 2019
				(COVID-19) pandemic and directing the Arkansas Department of Health (ADH) to
				adopt necessary public health measures for mitigation of the public health
				emergency. These measures resulted in the temporary closure of, as well as
				reduced operating capacity for, certain Arkansas businesses. While a variety of
				economic assistance programs through federal and state programs have been
				available to affected businesses, certain Arkansas businesses in the personal
				care, tourism, travel, recreation, and hospitality industries require
				additional economic assistance to help maintain their economic viability and
				their vital support for the overall Arkansas economy.
Based on the forgoing economic development need, and pursuant
				to the authority granted under Ark. Code Ann. §
								15-4-209(a)(l)
				and §
								15-4-209(b)(5),
				the Arkansas Economic Development Commission (AEDC) is promulgating this
				emergency rule in collaboration with the Arkansas Department of Parks, Heritage
				and Tourism (ADPHT) and the Arkansas Department of Finance and Administration
				(DFA).
PROGRAM OBJECTIVE
The program will provide a direct grant opportunity to Arkansas
				small businesses having 250, or fewer, full time employees located in Arkansas
				for expenses associated with COVID-19 mitigation and for certain listed
				business interruption expenses due directly to local, state, or federal
				government COVID-19 directives and arising through no fault of the business.
				The grant program will provide first-time, or otherwise supplemental, financial
				assistance for certain eligible cash business expenses incurred as a direct
				result of COVD-19 mitigation or for certain listed ordinary business expenses
				incurred by an eligible business as a direct result of a government-mandated
				business closure or restriction. The program will utilize funds provided to the
				state of Arkansas through the federal CARES Act.
DEFINITIONS
"
Applicant
" for purposes of this
				program, is defined as an Eligible Business or a representative of an Eligible
				Business that completes and submits an Application for the program.
"
Application
" for purposes of this
				grant program, is defined as the online application form which must be
				completed in its entirety with all required attachments by an Eligible Business
				to be considered for this program.
"
Business Interruption
" for purposes
				of this grant program, is defined as disruptions of regular business operations
				resulting from required or voluntary closure related to or mitigation measures
				taken in response to COVID-19 which occurred on March 1, 2020 through September
				30, 2020.
"
Consultants
" for purposes of this
				grant program, are defined as a private company engaged by the Arkansas
				Department of Parks, Heritage and Tourism, Arkansas Department of Commerce's
				Arkansas Economic Development Commission or the Arkansas Department of Finance
				and Administration for the purpose of developing an online grant application
				including the transaction administration, design, development, data access, and
				program guidance to the above referenced state agencies.
"
CARES Act
" for purposes of this grant
				program, means the federal Coronavirus Aid, Relief, and Economic Security Act (
				P.L. 116-136 ).
"
COVID-19
" for purposes of this grant
				program, is defined as the Coronavirus disease of 2019 and the resulting
				pandemic.
"
Economic Uncertainty
" for purposes of
				this grant program, economic uncertainty is defined as conditions, due to the
				impact of COVID-19, where the reasonable financial basis upon which the
				continuing long-term operations of the business are uncertain if grant program
				assistance is not provided.
"
Eligible Business
" under this grant
				program, means a for-profit corporation, partnership, sole proprietorship
				(including independent contractors), limited liability company, joint venture
				or non-profit 501(c)(3) organization that meets the following criteria:
A. Operates primarily within the Arkansas
			 personal care, tourism, travel, recreation, hospitality or related
			 industries;
B. Was established on
			 or before March 1, 2020;
C. Has an
			 established tax identification number in the state of Arkansas;
D. Current Economic Uncertainty makes this
			 assistance necessary to support the ongoing operations of the
			 Applicant;
E. If formally
			 organized, is incorporated under the laws of Arkansas or is registered to do
			 business in Arkansas with the Arkansas Secretary of State and, in any case, is
			 listed as being in "Good Standing." If not incorporated, a
			 business/professional license, sales tax permit, utility bill or bank statement
			 in the name of the business is required as supporting documentation that the
			 business is a bona fide business;
F. Is headquartered in Arkansas or has
			 employees working in Arkansas;
G.
			 Employed an average of two hundred fifty (250), or fewer, Full Time Arkansas
			 Employees per Eligible Business as of September 30, 2020;
H. Must either have:
a. Customers and/or employees physically
			 coming to their Arkansas business premises; or
b. Must conduct business on customer premises
			 in Arkansas;