§ 16-02 Definitions.
RCNY § 16-02
As used in this chapter, the following terms have the following meanings: Affiliated firm. "Affiliated firm" means an entity in which the Applicant owns more than 50% of the voting stock and/or an entity in which a group of principal owners or officers that owns more than 50% of the Applicant also owns more than 50% of the voting stock. Applicant. "Applicant" means any individual, corporation, partnership, limited liability company, sole proprietor, association, agent, trust or estate, applying individually or jointly for a grant under the Jerome Avenue Relocation Grant Program. Application. "Application" means the document and all supporting exhibits submitted by an Applicant to DSBS for review and consideration for the purpose of determining such Applicant's eligibility for a grant under the Jerome Avenue Relocation Grant Program. Forms or instructions for submitting an application will be available online at www.nyc.gov/sbs or by directly contacting DSBS. City. "City" means the City of New York. Commissioner. "Commissioner" means the Commissioner of DSBS or their designee. Contract of Sale. "Contract of Sale" means a contract by which a contracting party enters into an irrevocable obligation, or an obligation that requires such contracting party to pay substantial penalties for revocation of such obligation, to purchase an Eligible Move-In Site from another contracting party. DSBS. "DSBS" means the Department of Small Business Services or its successor. Eligible Business. "Eligible Business" means a Small Business that the Applicant has continuously operated at an Eligible Move-Out Site for twelve (12) months in the twenty-four (24) month period preceding March 22, 2018. Eligible Move-In Site. "Eligible Move-In Site" means a site: a. that is located in the City; and b. whose proposed use by the Applicant conforms with City zoning regulations. Eligible Move-Out Site. "Eligible Move-Out Site" means a site: a. that is fully or partially located on a tax lot within the Jerome Avenue Rezoned Area; and b. whose existing use by the Applicant is a non-conforming use according to the zoning district designations adopted March 22, 2018. Eligible Moving Costs. "Eligible Moving Costs" means those costs, as determined and verified by DSBS, incurred by the Applicant in relocating its Eligible Business from the Eligible Move-Out Site to the Eligible Move-In Site, and incurred after March 22, 2018, that relate to any of the following: a. the physical relocation of its equipment, machinery and supplies, including the cost of dismantling and reassembling equipment and the cost of floor preparation necessary for the reassembly of equipment, performed by licensed movers or professionals; b. the cost of a licensed engineer's or certified architect's report of the Eligible Move-Out Site Square Footage, if required by DSBS; and c. other reasonable and ordinary moving costs approved in advance by DSBS. Grant Agreement. "Grant Agreement" means an agreement between DSBS and an Eligible Business authorizing the payment of funds pursuant to the Jerome Avenue Relocation Grant Program. Jerome Avenue Rezoning Area. "Jerome Avenue Rezoning Area" means the area affected by the Jerome Avenue Rezoning (ULURP number C 180051A ZMX), adopted March 22, 2018 as amended, and includes those building blocks and lots set forth in Appendix A. Officer. "Officer" means a person holding a position of authority or fiduciary trust for the Applicant. Such position may be held as a result of an election or an appointment by a board or by shareholders. Principal. "Principal" means a person having an ownership interest of ten percent (10%) or greater in the Eligible Business. Program Director. "Program Director" means the individual overseeing the Jerome Avenue Relocation Grant Program within DSBS. 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. Term. "Term" means at least a one (1) year period that commences: a. on the date a lease begins for the Eligible Move-In Site in cases where an Eligible Move-In Site is leased; or b. on the date of acceptance of delivery of the deed to an Eligible Move-In Site in cases where an Eligible Move-In Site is purchased. (Added City Record 9/19/2019, eff. 10/19/2019)
