Section 691.70 Eligible Applicants

Section 691.70  Eligible Applicants

a)         An

eligible applicant for financial assistance under the Program is a business operating

within the State of Illinois that:

1)         annually

earns a gross income of $20 million or less except for hotels, which may

annually earn a gross income of $35 million or less;

2)         for

purposes of determining loss, was in operation as of December 2019;

3)         earned

less gross income during the 2020 calendar year than the 2019 calendar year due

to the negative impact of the COVID-19 pandemic, and that total loss exceeds

$5,000;

4)         temporarily

closed, had reduced operations, or experienced depressed consumer demand during

the COVID-19 pandemic; and

5)         is

not excluded due to select funding rounds providing financial assistance for

prioritized industries.

b)         In

determining whether an applicant is eligible under the revenue requirement as

identified under subsection (a)(1), a business shall include all gross income

earned from any applicable parent company, affiliate, and subsidiary to

determine the total amount earned by an applicant.

c)         The

following businesses are ineligible to participate in the Program:

1)         independent

contractors or freelance workers that do not operate a sole proprietorship;

2)         child

care providers that have received and/or are registered for Child Care

Restoration Grants;

3)         a

private club or business that limits membership for reasons other than

capacity;

4)         a

business primarily engaged in speculative activities that develop profits from

fluctuations in price rather than through normal course of trade;

5)         a

business that earns more than a quarter of its annual net revenue from lending

activities, unless the business is a non-bank or non-bank holding company

certified as a Community Development Financial Institution (CDFI);

6)         a

business that derives at least 33% of its gross annual revenue from legal

gambling activities;

7)         a

bu

than through normal course of trade;

5)         a

business that earns more than a quarter of its annual net revenue from lending

activities, unless the business is a non-bank or non-bank holding company

certified as a Community Development Financial Institution (CDFI);

6)         a

business that derives at least 33% of its gross annual revenue from legal

gambling activities;

7)         a

business engaged in pyramid sales, where a participant's primary incentive is

based on the sales made by an ever-increasing number of participants;

8)         a

business engaged in activities that are prohibited by federal law or applicable

law in the jurisdiction where the business is located or conducted;

9)         a

business that derives a majority of its income as an owner of real property

that leases that property to a tenant or tenants under a lease agreement;

10)        a

business principally engaged in teaching, instructing, counseling, or

indoctrinating religion or religious beliefs, whether in a religious or secular

setting;

11)        a

government-owned business entity (except for businesses owned or controlled by

a Native American tribe);

12)        a

business primarily engaged in political or lobbying activities;

13)        a

business that manufactures or sells at wholesale tobacco products or, liquor or

that manufactures or sells firearms at wholesale or retail;

14)        a

night club or strip club;

15)        an

employment agency;

16)        a

pawn shop;

17)        a

liquor store;

18)        a

storage facility, trailer-storage yard or junk yard;

19)        an

establishment similar to any enumerated above;

20)        a

business in which a majority owner has a financial or familial connection to a

director, principal shareholder or leadership member of the Department or Department's

partner under the program; or

21)        a

business on the federal System for Award Management excluded parties list

(https://sam/gov/content/exclusions)

19)        an

establishment similar to any enumerated above;

20)        a

business in which a majority owner has a financial or familial connection to a

director, principal shareholder or leadership member of the Department or Department's

partner under the program; or

21)        a

business on the federal System for Award Management excluded parties list

(https://sam/gov/content/exclusions).

d)         In

addition to the exclusions listed in subsection (c), a business will be

excluded from participating under this Program or required to return funds

received if that business does not adequately address any of the following

deficiencies within a reasonable time, not to exceed 30 days:

1)         Noncompliant

with COVID-19 Prevention Directives;

2)         Delinquent

on payment of any State of Illinois tax obligation;

3)         On

the Illinois Stop Payment List or in default of any contractual obligation to

the Department; or

4)         Does

not meet any other eligibility criteria established in a financial assistance

application, which for this point, must be completed prior to the closing of

the application window or within 30 days, whichever comes first.