Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part II - Workforce and Technology Development › Chapter 41 - SMALL BUSINESS INCUBATOR PROGRAM › Section 41.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise:
Act
-Small Business Incubators Act
				  (73
				  P. S. §§
										395.1-395.12).
Advanced Technology Center (ATC)
-One of the
				  four Ben Franklin Technology Centers receiving funding under the act of July 2,
				  1993 (P. L. 439, No. 64) (73 P. S. §§
										400.1-400.21), known as the Ben Franklin/IRC
				  Partnership Act.
Anchor tenant
-A tenant other than a retail
				  enterprise which has an incubator lease of more than 2 years.
Board
-The Board of the Ben Franklin/IRC
				  Partnership Fund, as established by the Ben Franklin Partnership Act.
Business development services
-Physical,
				  financial and management assistance offered to incubator tenants.
Departure procedure
-Policies established by
				  the local sponsor governing when a tenant will move from the incubator and
				  locate in its own building or in leased industrial or commercial space. The
				  policies include, but are not limited to, a regular review of tenant ability to
				  depart from the incubator and to operate successfully outside the
				  incubator.
Distressed community
-A community designated
				  as distressed by the Department.
Eligible project costs
-Those costs for which
				  funds awarded by the Board may be used, including costs for the acquisition of
				  existing buildings and land, the rehabilitation of buildings or other
				  facilities and the purchase of equipment and furnishings necessary for the
				  establishment of the incubator.
Entry procedure
-Policies established by the
				  local sponsor regarding the conditions under which businesses will be accepted
				  in the incubator. The policies include, but are not limited to, a regular
				  review of prospective tenant eligibility.
Incubator
-A facility in which small units of
				  space may be leased by tenants at low cost, in which the local sponsor
				  maintains or provides access to business development services for use by the
				  tenants, and in which the local sponsor maintains tenant entry and departure
				  procedures.
Local advisory committee
-A committee
				  established by the local sponsor to advise in the development and operation of
				  the incubator, particularly in establishing entry and departure procedures and
				  reviewing business development services provided to incubator tenants.
Local sponsor
-An organization that enters
				  into a written agreement with the Board to establish, operate and administer a
				  small business incubator and that is responsible for compliance with the terms
				  and conditions of a loan agreement, including loan repayment, or a grant
				  agreement, or both. Eligible local sponsors include municipalities, local
				  development districts of the Appalachian Regional Commission, industrial and
				  commercial development authorities established under the Industrial and
				  Commercial Development Authority Law (73 P. S. §§
										371-385), redevelopment authorities
				  established under the Urban Redevelopment Law (35 P. S. §§
										1701-1747), municipal authorities established
				  under the Municipality Authorities Act of 1945 (53 P. S. §§
										301-401) and industrial development
				  corporations or private nonprofit or for-profit organizations that can
				  demonstrate to the Board that they possess the management capability and
				  financing to meet the objectives of this program.
Manufacturing
-An enterprise engaged in
				  giving new shapes, new qualities or new combinations to matter by the
				  application of skill and labor.
Mixed use
-Incubator facilities that house
				  tenants engaged in manufacturing, product development and research and
				  development or a combination of these activities.
Nonprofit enterprise
-An organization
				  organized as a domestic corporation not-for-profit, or an organization that has
				  been issued a certificate of authority from the Department of State to conduct
				  business in this Commonwealth as a foreign corporation not-for-profit under
				  15 Pa.C.S. §§
										7101-7990 (relating to corporation
				  not-for-profit code), or an organization that holds an exemption under section
				  501(c)(3) of the Internal Revenue Code (
				  26 U.S.C.A. §
										501(c)(3) ) from the United
				  States Treasury Department, including a government agency or charitable
				  organization.
Nonprofit research and development
				  enterprise
-A nonprofit enterprise that is principally engaged in
				  conducting research in technology or technical areas with the intent of
				  offering the results of that research to for-profit enterprises for commercial
				  use.
Operator
-An organization that provides
				  day-to-day management of an incubator.
Personal service enterprise
-An organization
				  that sells or provides a service, rather than a good, to a final user. The term
				  includes, but is not limited to, travel agents, real estate brokers and
				  barbers.
Product development
-The production or
				  development of new products, processes and technologies. The term includes but
				  is not limited to, electronic information processing and more efficient
				  production processes.
Professional enterprise
-An organization that
				  provides a professional or technical service, rather than a good or personal
				  service, to a business for use in that business. The term includes, but is not
				  limited to, accountants, lawyers and consultants.
Program
-Small Business Incubator
				  Program.
Retail enterprise
-A commercial operation
				  that sells goods purchased from another firm directly to a final user.
Tenant
-A sole proprietorship, business
				  partnership or corporation operating a business for profit, or a nonprofit
				  research and development enterprise or other organization that is eligible as a
				  tenant under §
									41.7 (relating to tenant
				  eligibility), which leases or otherwise occupies space in an incubator.
Wholesale enterprise
-A commercial operation
				  that sells goods purchased from another firm to retail enterprises or other
				  nonfinal users.