§ 19-02 Definitions.
RCNY § 19-02
As used in this chapter, the following terms have the following meanings: Adjacent. “Adjacent” means sharing a border with, abutting, or contiguous to an area with exposure to flooding. 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 Gowanus Business 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 Gowanus Business Relocation Grant Program. Forms or instructions for submitting an application will be available online at www.nyc.gov/sbs or by directly contacting DSBS. Average Revenue. “Average Revenue” means the average annual or quarterly revenue of an Applicant, calculated by the addition of all gross receipts or sales reported by the Applicant for all years and/or quarters of operation, at the Eligible Move-Out Site, from 2022 to the last full quarter prior to the date of relocation to the Eligible Move-In Site, over the total number of years and/or quarters of operation from 2022 to the last full quarter prior to the date of relocation to the Eligible Move-In Site. Applicant must demonstrate revenue for each year and/or quarter. Documentation may include, but is not limited to: signed Federal tax returns, State tax returns, and unaudited financial statements. 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. Direct Business Loss. “Direct Business Losses” means any reduction in revenue between calendar year 2021 and the “Average Revenue.” DSBS. “DSBS” means the Department of Small Business Services or its successor. Eligible Business. "Eligible Business" means a Small Business that the Applicant operated at an Eligible Move-Out Site at the time of the rezoning and can demonstrate Direct Business Losses as a result of the rezoning. Eligible Move-In Site. "Eligible Move-In Site" means a site: a. that is located in the City; b. for which the proposed use by the Applicant conforms with City zoning regulations and any other City, State or Federal regulations; and c. for which the Applicant has entered into a lease or has a contract of sale and accepted delivery of a deed. Eligible Move-Out Site. "Eligible Move-Out Site" means a site: a. that is fully or partially located on a tax lot within the Gowanus Business Rezoned Area; and b. for which use by the Applicant became non-conforming according to the zoning district designations adopted November 23, 2021. 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 November 23, 2021, 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; or c. other reasonable and ordinary moving costs approved in advance by DSBS. Gowanus Business Rezoning Area. “Gowanus Business Area” means the area affected by the Gowanus Neighborhood Plan (the “Plan”), adopted November 23, 2021, and includes those building blocks and lots set forth in Appendix A. Grant Agreement. "Grant Agreement" means an agreement between DSBS and an Eligible Business authorizing the payment of funds pursuant to the Gowanus Business Relocation Grant Program. 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. 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 5/30/2025, eff. 6/29/2025)
