Current through Register Vol. 48, No. 38, September 20, 2024
a) An
eligible applicant for financial assistance under the Program is a business
operating within the State of Illinois that:
1) annually earns a gross income of $20
million or less except for hotels, which may annually earn a gross income of
$35 million or less;
2) for
purposes of determining loss, was in operation as of December 2019;
3) earned less gross income during the 2020
calendar year than the 2019 calendar year due to the negative impact of the
COVID-19 pandemic, and that total loss exceeds $5,000;
4) temporarily closed, had reduced
operations, or experienced depressed consumer demand during the COVID-19
pandemic; and
5) is not excluded
due to select funding rounds providing financial assistance for prioritized
industries.
b) In
determining whether an applicant is eligible under the revenue requirement as
identified under subsection (a)(1), a business shall include all gross income
earned from any applicable parent company, affiliate, and subsidiary to
determine the total amount earned by an applicant.
c) The following businesses are ineligible to
participate in the Program:
1) independent
contractors or freelance workers that do not operate a sole
proprietorship;
2) child care
providers that have received and/or are registered for Child Care Restoration
Grants;
3) a private club or
business that limits membership for reasons other than capacity;
4) a business primarily engaged in
speculative activities that develop profits from fluctuations in price rather
than through normal course of trade;
5) a business that earns more than a quarter
of its annual net revenue from lending activities, unless the business is a
non-bank or non-bank holding company certified as a Community Development
Financial Institution (CDFI);
6) a
business that derives at least 33% of its gross annual revenue from legal
gambling activities;
7) a business
engaged in pyramid sales, where a participant's primary incentive is based on
the sales made by an ever-increasing number of participants;
8) a business engaged in activities that are
prohibited by federal law or applicable law in the jurisdiction where the
business is located or conducted;
9) a business that derives a majority of its
income as an owner of real property that leases that property to a tenant or
tenants under a lease agreement;
10) a business principally engaged in
teaching, instructing, counseling, or indoctrinating religion or religious
beliefs, whether in a religious or secular setting;
11) a government-owned business entity
(except for businesses owned or controlled by a Native American
tribe);
12) a business primarily
engaged in political or lobbying activities;
13) a business that manufactures or sells at
wholesale tobacco products or, liquor or that manufactures or sells firearms at
wholesale or retail;
14) a night
club or strip club;
15) an
employment agency;
16) a pawn
shop;
17) a liquor store;
18) a storage facility, trailer-storage yard
or junk yard;
19) an establishment
similar to any enumerated above;
20) a business in which a majority owner has
a financial or familial connection to a director, principal shareholder or
leadership member of the Department or Department's partner under the program;
or
21) a business on the federal
System for Award Management excluded parties list (
https://sam/gov/content/exclusions).
d) In addition to the exclusions
listed in subsection (c), a business will be excluded from participating under
this Program or required to return funds received if that business does not
adequately address any of the following deficiencies within a reasonable time,
not to exceed 30 days:
1) Noncompliant with
COVID-19 Prevention Directives;
2)
Delinquent on payment of any State of Illinois tax obligation;
3) On the Illinois Stop Payment List or in
default of any contractual obligation to the Department; or
4) Does not meet any other eligibility
criteria established in a financial assistance application, which for this
point, must be completed prior to the closing of the application window or
within 30 days, whichever comes first.