Section 690.20 Definitions

Section 690.20  Definitions

"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

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

stomer 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 t

ing 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

ative 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)

8].

"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

ere 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

s, 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

act

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.