N.Y. Economic Development Law § 472: Definitions

§ 472. Definitions. For the purposes of this article:

1. "Average full-time employment" shall mean the average number of

full-time equivalent positions employed by a business entity in an

eligible industry during a given period.

2. "Average starting full-time employment" shall be calculated as the

average number of full-time equivalent positions employed by a business

entity in an eligible industry between January first, two thousand

twenty-one, and March thirty-first, two thousand twenty-one.

3. "Average ending full-time employment" shall be calculated as the

average number of full-time equivalent positions employed by a business

entity in an eligible industry between April first, two thousand

twenty-one, and either August thirty-first, two thousand twenty-one, or

December thirty-first, two thousand twenty-one, whichever date the

business entity chooses to use.

4. "Certificate of tax credit" means the document issued to a business

entity by the department after the department has verified that the

business entity has met all applicable eligibility criteria in this

article. The certificate shall specify the exact amount of the tax

credit under this article that a business entity may claim, pursuant to

section four hundred seventy-five of this article.

4-a. "Certificate of additional tax credit" means the document issued

to a business entity by the department after the department has verified

that the business entity has met all applicable eligibility criteria in

this article. The certificate shall specify the exact amount of the tax

credit under this article that a business entity may claim pursuant to

section four hundred seventy-five-a of this article.

5. "Commissioner" shall mean commissioner of the department of

economic development.

6. "Department" shall mean the department of economic development.

7. "Eligible industry" means a business entity operating predominantly

in the COVID-19 impacted food services sector.

8. "Net employee increase" means an increase of at least one full-time

equivalent employee between the average starting full-time employment

and the average ending full-time employment of a business entity.

9. "COVID-19 impacted food services sector" means:

(a) independently owned establishments that are located inside the

city of New York and have been subjected to a ban on indoor dining for

over six months and are primarily organized to prepare and provide

meals, and/or beverages to customers for consumption, including for

immediate indoor on-premises consumption, as further defined in

regulations pursuant to this article; and

(b) independently owned establishments that are located outside of the

city of New York in an area which has been and/or remains designated by

the department of health as either an orange zone or red zone pursuant

to Executive Order 202.68 as amended, and for which such designation was

or has been in effect and resulted in additional restrictions on indoor

dining for at least thirty consecutive days, and are primarily organized

to prepare and provide meals, and/or beverages to customers for

consumption, including for immediate indoor on-premises consumption, as

further defined in regulations pursuant to this article.