§ 11-81 Definitions.
RCNY § 11-81
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 EBE. Audit. "Audit" means an examination of a business enterprise to determine whether the business enterprise is eligible for certification as an EBE, 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 EBE in accordance with the procedures set forth in 66 RCNY § 11-82, subsequent to verification that the business enterprise is owned, operated, and controlled by socially and economically disadvantaged persons as defined in 66 RCNY § 11-82. Certification director. "Certification director" means the director of the emerging business enterprise certification 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 EBE. 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 EBE 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. Economically disadvantaged. "Economically disadvantaged" refers to a socially disadvantaged person whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged. Non-certified firm. "Non-certified firm" means a business enterprise that has not been certified as an EBE in accordance with Section 1304 of the Charter. Emerging business enterprise or EBE. "Emerging business enterprise" or "EBE" means a business enterprise that is certified in accordance with Section 1304 of the Charter. Emerging business enterprise certification application. "Emerging business enterprise certification application" means the form that DSBS requires an applicant to submit for purposes of applying for certification as an EBE. 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 EBE. "Graduate EBE" means an EBE 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. Immediate family. "Immediate family" means a spouse, domestic partner, unemancipated child (including children of a domestic partner), and if they live with the individual claiming disadvantage, parent or sibling. 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 EBE due to an insufficiency in documentation submitted by the applicant. Socially and economically disadvantaged. "Socially and economically disadvantaged" refers to an individual who has experienced social disadvantage in American society as a result of causes not common to individuals who are not socially disadvantaged, and whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged. An individual's race, national origin, or gender, by itself, does not qualify the individual as "socially disadvantaged" and the net worth of individuals to be "economically disadvantaged" must be less than one million dollars. In determining such net worth, the division will exclude the ownership interest in the business enterprise and the equity in the primary personal residence.
