§ 472 — Definitions

§ 472. Definitions. For the purposes of this article:\n 1. "Average full-time employment" shall mean the average number of\nfull-time equivalent positions employed by a business entity in an\neligible industry during a given period.\n 2. "Average starting full-time employment" shall be calculated as the\naverage number of full-time equivalent positions employed by a business\nentity in an eligible industry between January first, two thousand\ntwenty-one, and March thirty-first, two thousand twenty-one.\n 3. "Average ending full-time employment" shall be calculated as the\naverage number of full-time equivalent positions employed by a business\nentity in an eligible industry between April first, two thousand\ntwenty-one, and either August thirty-first, two thousand twenty-one, or\nDecember thirty-first, two thousand twenty-one, whichever date the\nbusiness entity chooses to use.\n 4. "Certificate of tax credit" means the document issued to a business\nentity by the department after the department has verified that the\nbusiness entity has met all applicable eligibility criteria in this\narticle. The certificate shall specify the exact amount of the tax\ncredit under this article that a business entity may claim, pursuant to\nsection four hundred seventy-five of this article.\n 4-a. "Certificate of additional tax credit" means the document issued\nto a business entity by the department after the department has verified\nthat the business entity has met all applicable eligibility criteria in\nthis article. The certificate shall specify the exact amount of the tax\ncredit under this article that a business entity may claim pursuant to\nsection four hundred seventy-five-a of this article.\n 5. "Commissioner" shall mean commissioner of the department of\neconomic development.\n 6. "Department" shall mean the department of economic development.\n 7. "Eligible industry" means a business entity operating predominantly\nin the COVID-19 impacted food services sector.\n 8. "Net employee increase" means an increase of at least one full-time\nequivalent employee between the average starting full-time employment\nand the average ending full-time employment of a business entity.\n 9. "COVID-19 impacted food services sector" means:\n (a) independently owned establishments that are located inside the\ncity of New York and have been subjected to a ban on indoor dining for\nover six months and are primarily organized to prepare and provide\nmeals, and/or beverages to customers for consumption, including for\nimmediate indoor on-premises consumption, as further defined in\nregulations pursuant to this article; and\n (b) independently owned establishments that are located outside of the\ncity of New York in an area which has been and/or remains designated by\nthe department of health as either an orange zone or red zone pursuant\nto Executive Order 202.68 as amended, and for which such designation was\nor has been in effect and resulted in additional restrictions on indoor\ndining for at least thirty consecutive days, and are primarily organized\nto prepare and provide meals, and/or beverages to customers for\nconsumption, including for immediate indoor on-premises consumption, as\nfurther defined in regulations pursuant to this article.\n