N.Y. Economic Development Law § 473: Eligibility criteria

§ 473. Eligibility criteria. 1. To be eligible for a tax credit under

the restaurant return-to-work tax credit program, a business entity

must:

(a) be a small business as defined in section one hundred thirty-one

of this chapter and have fewer than one hundred full-time job

equivalents in New York state as of April first, two thousand

twenty-one;

(b) operate a business location in New York state that is primarily

organized to accept payment for meals and/or beverages including from

in-person customers;

(c) operate predominantly in the COVID-19 impacted food services

sector; provided, however, that the department, in its regulations

promulgated pursuant to this article, shall have the authority to list

certain types of establishments as ineligible;

(d) have experienced economic harm as a result of the COVID-19

emergency as evidenced by a year-to-year decrease of at least forty

percent in New York state between the second quarter of two thousand

nineteen and the second quarter of two thousand twenty or the third

quarter of two thousand nineteen and the third quarter of two thousand

twenty for one or both of: (i) gross receipts or (ii) average full-time

employment; and

(e) have demonstrated a net employee increase.

2. A business entity must be in substantial compliance with any public

health or other emergency orders or regulations related to the entity's

sector or other laws and regulations as determined by the commissioner.

In addition, a business entity may not owe past due state taxes or local

property taxes unless the business entity is making payments and

complying with an approved binding payment agreement entered into with

the taxing authority.