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Chapter 15: Love Your Local Small Business Grant Program
§ 15-01 Purpose.
The objective of the Love Your Local Small Business Grant Program ("Grant Program" or "Program") is to add to the City of New York's economic development toolkit by devising and testing business-level interventions to support the survival of neighborhood businesses in New York City. The Program will incentivize participation by small businesses citywide by providing an opportunity for businesses to receive assistance to identify business challenges and recommended interventions, and, subject to appropriation, implementation funding to make suggested operational or physical changes. DSBS will collect baseline and follow-up performance data to evaluate the effectiveness of these interventions in assisting participating business in continuing to provide jobs, goods, and services in their current locations. Knowledge gained through the Program will allow DSBS to disseminate informed advice through its Business Solutions Center network and other business support and education programs, to assist small, commercial tenant businesses citywide in remaining competitive in neighborhoods experiencing rising commercial rents.
(Added City Record 6/21/2018, eff. 7/21/2018)
§ 15-02 Definitions.
As used in this chapter, the following terms have the following meanings:
   Applicant. "Applicant" means a commercial business that is applying for this Grant.
   Application. "Application" means a written request in a form satisfactory to DSBS, supplemented by all requested supporting documents, made by an Applicant to DSBS to determine the eligibility of an Applicant for a Grant.
   Business Needs Assessment. "Business Needs Assessment" means a customized analysis of Applicant's business operations, conducted by an expert in coordination with DSBS, which describes strategies for Applicants to adapt their operations to improve their businesses and increase their chances to thrive in their current locations despite changing real estate conditions.
   City. "City" means the City of New York.
   Business. "Business" means a sole proprietorship, partnership, corporation or other legal entity involved in the sale of goods or services directly to the public from a physical location in the City.
   DSBS. "DSBS" means the Department of Small Business Services or its successor.
   Fiscal year. "Fiscal Year" means the period beginning July 1st and ending June 30th of the next calendar year.
   Franchise. "Franchise" means, as defined by 16 C.F.R. § 436.1, a continuing commercial relationship or arrangement, whatever it may be called, in which the terms of the offer or contract specify, or the franchise seller promises or represents, orally or in writing that: (1) the franchisee will obtain the right to operate a business that is identified or associated with the franchisor's trademark, or to offer, sell or distribute goods, services or commodities that are identified or associated with the franchisor's trademark; (2) the franchisor will exert or has authority to exert a significant degree of control over the franchisee's method of operation, or provide significant assistance in the franchisee's method of operation; and (3) as a condition of obtaining or commencing operation of the franchise, the franchisee makes a required payment or commits to make a required payment to the franchisor or its affiliate.
   Grant. "Grant" means one or more disbursements from the Love Your Local Small Business Grant Program to an Applicant for the purpose of implementing recommendations made in the Business Needs Assessment.
   Grant Agreement. "Grant Agreement" means a duly executed, legally binding contract between DSBS and an Applicant setting out terms and conditions for the use of grant funds.
   National Retailers/Chains. "National Retailers/Chains" means a business that has at least two locations in the City and at least one location outside the City limits.
   Small Business. "Small Business" means a small business as described by the United States Small Business Administration ("SBA") pursuant to part 121 of title 13 of the Code of Federal Regulations.
(Added City Record 6/21/2018, eff. 7/21/2018)
§ 15-03 General Eligibility Requirements.
   a.   Eligible Recipients. To be eligible for a Grant, an Applicant must satisfy the following criteria:
      1.   Applicant must operate a Business;
      2.   Applicant must not be in violation of any applicable federal, state, or local law, rule or regulation;
      3.   Food businesses subject to inspection by the New York City Department of Health and Mental Hygiene must have an A or B letter grade;
      4.   Applicant must be a small business;
      5.   Applicant must have been operating in the City for a minimum of three (3) years prior to the date of the application;
      6.   Applicant must not operate a Franchise, except that Franchises that the SBA has determined to be small businesses may be eligible;
      7.   Applicant must rent its current location of operation from an entity or individual that is not affiliated with the Applicant, as such affiliation is defined in the City's Vendor's Guide to VENDEX (https://www1.nyc.gov/assets/mocs/downloads/pdf/VendorsGuideToVendex-2012_07_31.pdf);
      8.   Applicant must not owe any federal, state or city taxes and must not be delinquent in payments owed to resolve judgments or liens;
      9.   All required licenses or permits relating to the Applicant's commercial business must be current;
      10.   Applicant must document that within the ten (10) years prior to its Application to the Program, it has experienced at least a five percent (5%) increase in costs directly related to operating in rented commercial space. Documentation may include, but need not be limited to: lease(s), utility bills, property tax bills or cancelled checks, which reflect increased rental costs, an increased burden relating to payment of property taxes or increased utility costs at its current location; and
      11.   Applicant must complete an Application. Application will be available online at www.nyc.gov/sbs and by directly contacting DSBS.
   b.   Business Improvement Projects. Grants may only be used to implement recommendations from the Business Needs Assessment at the location that is the subject of the Grant. Eligible business improvement projects may include:
      1.   Operational improvements to Applicant's business;
      2.   Performing outreach and interviewing prospective employees for Applicant's business;
      3.   Training Applicant's employees;
      4.   Technological updates to Applicant's business;
      5.   Physical enhancements of Applicant's business location; or
      6.   Financial management changes to Applicant's business.
(Added City Record 6/21/2018, eff. 7/21/2018)
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