Don't show this message again
15 U.S. Code § 9009c. Support for restaurants
(a) DefinitionsIn this section:
(1) Administrator
The term “Administrator” means the Administrator of the Small Business Administration.
(2) Affiliated business
The term “affiliated business” means a business in which an eligible entity has an equity or right to profit distributions of not less than 50 percent, or in which an eligible entity has the contractual authority to control the direction of the business, provided that such affiliation shall be determined as of any arrangements or agreements in existence as of March 13, 2020.
(3) Covered periodThe term “covered period” means the period—
(A)
beginning on February 15, 2020; and
(B)
ending on December 31, 2021, or a date to be determined by the Administrator that is not later than 2 years after March 11, 2021.
(4) Eligible entityThe term “eligible entity”—
(A)
means a restaurant, food stand, food truck, food cart, caterer, saloon, inn, tavern, bar, lounge, brewpub, tasting room, taproom, licensed facility or premise of a beverage alcohol producer where the public may taste, sample, or purchase products, or other similar place of business in which the public or patrons assemble for the primary purpose of being served food or drink;
(B)
includes an entity described in subparagraph (A) that is located in an airport terminal or that is a Tribally-owned concern; and
(C) does not include—
(i) an entity described in subparagraph (A) that—
(I)
is a State or local government-operated business;
(II)
as of March 13, 2020, owns or operates (together with any affiliated business) more than 20 locations, regardless of whether those locations do business under the same or multiple names; or
(III)
has a pending application for or has received a grant under section 9009a of this title; or
(ii)
a publicly-traded company.
(5) Exchange; issuer; security
The terms “exchange”, “issuer”, and “security” have the meanings given those terms in section 78c(a) of this title.
(6) Fund
The term “Fund” means the Restaurant Revitalization Fund established under subsection (b).
(7) Pandemic-related revenue lossThe term “pandemic-related revenue loss” means, with respect to an eligible entity—
(A)
except as provided in subparagraphs (B), (C), and (D), the gross receipts, as established using such verification documentation as the Administrator may require, of the eligible entity during 2020 subtracted from the gross receipts of the eligible entity in 2019, if such sum is greater than zero;
(B) if the eligible entity was not in operation for the entirety of 2019—
(i) the difference between—
(I)
the product obtained by multiplying the average monthly gross receipts of the eligible entity in 2019 by 12; and
(II)
the product obtained by multiplying the average monthly gross receipts of the eligible entity in 2020 by 12; or
(ii)
an amount based on a formula determined by the Administrator;
(C) if the eligible entity opened during the period beginning on January 1, 2020, and ending on the day before March 11, 2021—
(i)
the expenses described in subsection (c)(5)(A) that were incurred by the eligible entity minus any gross receipts received; or
(ii)
an amount based on a formula determined by the Administrator; or
(D) if the eligible entity has not yet opened as of the date of application for a grant under subsection (c), but has incurred expenses described in subsection (c)(5)(A) as of March 11, 2021—
(i)
the amount of those expenses; or
(ii)
an amount based on a formula determined by the Administrator.
For purposes of this paragraph, the pandemic-related revenue losses for an eligible entity shall be reduced by any amounts received from a covered loan made under paragraph (36) or (37) of section 636(a) of this title in 2020 or 2021.