third or fourth quarter of calendar year 2020 that
demonstrate at least a 25% reduction from the gross
receipts of the entity during the first quarter of
calendar year 2020.
(v) For the purpose of this definition, if the
entity was in operation in all four quarters of calendar
year 2019, the entity shall be deemed to have experienced
the revenue reduction under subparagraph (i) if the
entity experienced a reduction in annual receipts of at
least 25% in calendar year 2020 compared to calendar year
2019 and the entity provides copies of the entity's
annual Federal tax forms substantiating the revenue
decline.
(vi) For the purpose of this definition, if the
entity changed ownership or control in calendar year
2020, the entity may measure the entity's reduction in
revenue in calendar year 2020 under subparagraph (i),
(ii), (iii), (iv) or (v) using the gross receipts of the
entity for calendar year 2019.
(3) The entity meets all of the following conditions as
of March 1, 2020:
(i) The entity is a retail or personal service
employer within this Commonwealth.
(ii) The entity has no more than 10 full-time
employees.
(iii) The entity has gross annual receipts for the
prior fiscal year that did not exceed $1,000,000.
"Eligible operating expense." An operating expense,
including a payroll and nonpayroll expense, that is common and
accepted in an eligible applicant's industry, helpful and
appropriate for the eligible applicant's trade or business and
subject to the following limitations:
(1) The operating expense must have been incurred
between March 1, 2020, and 130 days after the starting date,
or prior to submission of an application for a grant under
this section, whichever occurs first.
(2) For a mortgage obligation, the mortgage must have
been in force before March 1, 2020.
(3) For rent, under lease agreements, the lease
agreement must have been in force before March 1, 2020.
(4) For utility costs, service must have begun before
March 1, 2020.
(5) For the purpose of paragraphs (2) and (3), if an
existing mortgage obligation or lease agreement is in force
before March 1, 2020, and is refinanced or restructured after
March 1, 2020, the mortgage obligation or lease agreement is
deemed to have been in force before March 1, 2020.
"Fitness-related business." An employer in this Commonwealth
that satisfies all of the following criteria:
(1) is a gym, fitness center, cheerleader gym, dance
studio, gymnastic center, sports-related facility, yoga
2021/90MAB/HB1438A01444 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51