§ 11-21 Definitions.
RCNY § 11-21
As used in this subchapter, the following terms have the following meanings: Applicant. "Applicant" means a business enterprise which has applied for certification as an MBE and/or WBE. Audit. "Audit" means an examination of a business enterprise to determine whether the business enterprise is eligible for certification as an MBE and/or WBE, and may include an examination of books, records, physical facilities and interviews of applicants. Business enterprise. "Business enterprise" means any entity, including a sole proprietorship, partnership or corporation which is authorized to and engages in lawful business transactions in accordance with the laws of New York State. Certified business. "Certified business" means a business enterprise which has been approved for certification as an MBE and/or WBE in accordance with the procedures set forth in 66 RCNY § 11-22, subsequent to verification that the business enterprise is owned, operated, and controlled by minority group members as defined in 66 RCNY § 11-21, or women. Certification director. "Certification director" means the director of the minority- and women-owned business enterprise program or his or her designee or his or her successor in function. Certification letter. "Certification letter" means the letter sent by DSBS to an applicant notifying it of its certification as an MBE and/or WBE. City. "City" means the City of New York. Commissioner. "Commissioner" means the Commissioner of the New York City Department of Small Business Services or his or her designee or his or her successor in function. Day. "Day" means a calendar day unless otherwise specified. Denial or denied. "Denial" or "denied" means a determination by DSBS that a business enterprise is not eligible for certification as an MBE and/or WBE because it does not meet the criteria for certification. Division. "Division" means the division of economic and financial opportunity within the department of small business services. DSBS. "DSBS" means the New York City Department of Small Business Services or its successor in function. Geographic Market. "Geographic market" of the City means the following counties: Bronx, Kings, New York, Queens, Richmond, Nassau, Putnam, Rockland, Suffolk and Westchester within the State of New York; and Bergen, Hudson, and Passaic within the State of New Jersey. Graduate MBE and/or graduate WBE. "Graduate MBE" and/or "graduate WBE" means an MBE and/or WBE which has been awarded contracts by one or more agencies within the past three years where the total city funding from the expense and capital budgets for such contracts was equal to or greater than fifty million dollars and whose size has exceeded the size standards established for its industry by the United States small business administration for three years. Minority group member. "Minority group member" means a United States citizen or lawfully admitted permanent resident who is, and can demonstrate membership in, one of the following groups: (1) Black persons having origins in any of the Black African racial groups; (2) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either Indian or Hispanic origin, regardless of race; (3) Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian Subcontinent or the Pacific Islands; or (4) Native American persons who originate from any of the original peoples of North America and who maintain cultural identification through tribal affiliation or community recognition. Minority-owned business enterprise or MBE. "Minority-owned business enterprise" or "MBE" means a minority-owned business enterprise that is certified in accordance with Section 1304 of the Charter. Minority- and women-owned business enterprise certification application or certification application. "Minority- and women-owned business enterprise certification application" or "certification application" means the form that DSBS requires an applicant to submit for purposes of applying for certification as an MBE and/or WBE. Non-certified firm. "Non-certified firm" means a business enterprise that has not been certified as an MBE and/or WBE in accordance with Section 1304 of the Charter. Principal office or place of business. "Principal office or place of business" means where the main office and regular meeting place of the board of directors that manages, conducts, and directs the business is located. Rejected or rejection. "Rejected" or "rejection" means the refusal by DSBS to certify a business enterprise as an MBE and/or WBE due to an insufficiency in documentation submitted by the applicant. Women-owned business enterprise or WBE. "Women-owned business enterprise" or "WBE" means a woman-owned business enterprise that is certified pursuant to Section 1304 of the Charter. (Amended City Record 5/25/2021, eff. 6/24/2021)
