Sec. 619. Grants for shuttered venue operators
2,221 words·~10 min read·
/bill/116/s/4818/is/section-619A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term eligible live venue operator or promoter, theatrical producer, motion picture theatre operator, or talent representative means a live venue operator or promoter or theatrical producer, a motion picture theatre operator, or a talent representative that meets the following requirements: The live venue operator or promoter or theatrical producer, the motion picture theatre operator, or the talent representative was fully operational as a live venue operator or promoter or theatrical producer, motion picture theatre operator, or talent representative on February 29, 2020.
As of the date of the grant under this section— the live venue operator or promoter or theatrical producer is organizing, promoting, producing, managing, or hosting future live events described in paragraph (3)(A)(i); the motion picture theatre operator is open or intends to reopen for the primary purpose of public exhibition of motion pictures; or the talent representative is representing or managing artists and entertainers. The venues at which the live venue operator or promoter or theatrical producer promotes, produces, manages, or hosts events described in paragraph (3)(A)(i) or the artists and entertainers represented or managed by the talent representative perform have the following characteristics:
A defined performance and audience space. Mixing equipment, a public address system, and a lighting rig. Engages 1 or more individuals to carry out not less than 2 of the following roles: A sound engineer. A booker. A promoter. A stage manager. Security personnel. A box office manager. There is a paid ticket or cover charge to attend most performances and artists are paid fairly and do not play for free or solely for tips, except for fundraisers or similar charitable events. For a venue owned or operated by a nonprofit entity that produces free events, the events are produced and managed by paid employees, not by volunteers.
Performances are marketed through listings in printed or electronic publications, on websites, by mass email, or on social media. A motion picture theatre or motion picture theatres operated by the motion picture theatre operator have the following characteristics: At least 1 auditorium that includes a motion picture screen and fixed audience seating. A projection booth or space containing not less than 1 motion picture projector. A paid ticket charge to attend exhibition of motion pictures.
Motion picture exhibitions are marketed through showtime listings in printed or electronic publications, on websites, by mass mail, or on social media. The live venue operator or promoter or theatrical producer, the motion picture theatre operator, or the talent representative does not have, or is not majority owned or controlled by an entity with, more than 1 of the following characteristics: Being an issuer, the securities of which are listed on a national securities exchange.
Owning or operating venues, motion picture theatres, or talent agencies or talent management companies with offices in more than 1 country. Owning or operating venues or motion picture theatres in more than 10 States. Employing more than 500 employees, determined on a full-time equivalent basis in accordance with subparagraph (B). Receiving more than 10 percent of gross revenue from Federal funding. For purposes of determining the number of full-time equivalent employees under subparagraph (A)(v)(IV)— any employee working not fewer than 30 hours per week shall be considered a full-time employee; and any employee working not fewer than 10 hours and fewer than 30 hours per week shall be counted as one-half of a full-time employee.
Each business entity of an eligible live venue operator or promoter, theatrical producer, motion picture theatre operator, or talent representative that also meets the requirements under subparagraph
(A)shall be treated by the Administrator as an independent, non-affiliated entity for the purposes of this section. The terms exchange , issuer , and security have the meanings given those terms in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). The term live venue operator or promoter or theatrical producer — means— an individual or entity— that, as a principal business activity, organizes, promotes, produces, manages, or hosts live concerts, comedy shows, theatrical productions, or other events by performing artists for which— a cover charge through ticketing or front door entrance fee is applied; and performers are paid in an amount that is based on a percentage of sales, a guarantee (in writing or standard contract), or another mutually beneficial formal agreement; and for which not less than 70 percent of the earned revenue of the individual or entity is generated through, to the extent related to a live event described in subclause (I), cover charges or ticket sales, production fees or production reimbursements, nonprofit educational initiatives, or the sale of event beverages, food, or merchandise; or an individual or entity that, as a principal business activity, makes available for purchase by the public an average of not less than 60 days before the date of the event tickets to events— described in clause (i)(I); and for which performers are paid in an amount that is based on a percentage of sales, a guarantee (in writing or standard contract), or another mutually beneficial formal agreement; and includes an individual or entity described in subparagraph
(A)that— operates for profit or as a nonprofit; is government-owned; or is a corporation, limited liability company, or partnership or operated as a sole proprietorship. The term motion picture theatre operator means an individual or entity that— as the principal business activity of the individual or entity, owns or operates at least 1 place of public accommodation for the purpose of motion picture exhibition for a fee; and includes an individual or entity described in subparagraph
(A)that— operates for profit or as a nonprofit; is government-owned; or is a corporation, limited liability company, or partnership or operated as a sole proprietorship. The term national securities exchange means an exchange registered as a national securities exchange under section 6 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78f ). The term State means— a State; the District of Columbia; the Commonwealth of Puerto Rico; and any other territory or possession of the United States. The term talent representative — means an agent or manager that— as not less than 70 percent of the operations of the agent or manager, is engaged in representing or managing artists and entertainers; books or represents musicians, comedians, actors, or similar performing artists primarily at live events in venues or at festivals; and represents performers described in clause
(ii)that are paid in an amount that is based on the number of tickets sold, or a similar basis; and includes an agent or manager described in subparagraph
(A)that— operates for profit or as a nonprofit; is government-owned; or is a corporation, limited liability company, or partnership or operated as a sole proprietorship. The Administrator may make initial grants to eligible live venue operators or promoters, theatrical producers, motion picture theatre operators, or talent representatives in accordance with this section. During the initial 14-day period during which the Administrator awards grants under this section, the Administrator shall only award grants to an eligible live venue operator or promoter, theatrical producer, motion picture theatre operator, or talent representative with revenue, during the calendar quarter during which the Administrator begins awarding such grants, that is not more than 10 percent of the revenue of the eligible live venue operator or promoter, theatrical producer, motion picture theatre operator, or talent representative during the corresponding calendar quarter during 2019 due to the COVID–19 pandemic. During the 14-day period immediately following the 14-day period described in subparagraph (B), the Administrator shall only award grants to an eligible live venue operator or promoter, theatrical producer, motion picture theatre operator, or talent representative with revenue, during the calendar quarter during which the Administrator begins awarding such grants, that is not more than 30 percent of the revenue of the eligible live venue operator or promoter, theatrical producer, motion picture theatre operator, or talent representative during the corresponding calendar quarter during 2019 due to the COVID–19 pandemic. The Administrator may make a supplemental grant in accordance with this section to an eligible live venue operator or promoter, theatrical producer, motion picture theatre operator, or talent representative that receives a grant under paragraph
(1)if, as of December 1, 2020, the revenues of the eligible live venue operator or promoter, theatrical producer, motion picture theatre operator, or talent representative for the most recent calendar quarter are not more than 20 percent of the revenues of the eligible live venue operator or promoter, theatrical producer, motion picture theatre operator, or talent representative for the corresponding calendar quarter during 2019 due to the COVID–19 pandemic. An eligible live venue operator or promoter, theatrical producer, motion picture theatre operator, or talent representative applying for a grant under this section that is an eligible business described in the matter preceding subclause
(I)of section 4003(c)(3)(D)(i) of the CARES Act ( 15 U.S.C. 9042(c)(3)(D)(i) ), shall make a good-faith certification described in subclauses
(IX)and
(X)of such section. A grant under subsection (b)(1) shall be in the amount equal to the lesser of— the amount equal to 45 percent of the gross earned revenue of the eligible live venue operator or promoter, theatrical producer, motion picture theatre operator, or talent representative during 2019; for an eligible live venue operator or promoter, theatrical producer, motion picture theatre operator, or talent representative that began operations after January 1, 2019, the amount equal to the product obtained by multiplying— the average monthly gross earned revenue for each full month during which the entity was in operation during 2019; by 6; or $12,000,000. A grant under subsection (b)(2) shall be in the amount equal to 50 percent of the grant received by the eligible live venue operator or promoter, theatrical producer, motion picture theatre operator, or talent representative under subsection (b)(1). Except as provided in clause (ii), amounts received under a grant under this section may be used for costs incurred during the period beginning on March 1, 2020, and ending on December 31, 2021. If an eligible live venue operator or promoter, theatrical producer, motion picture theatre operator, or talent representative receives a grant under subsection (b)(2), amounts received under either grant under this section may be used for costs incurred during the period beginning on March 1, 2020, and ending on June 30, 2022. Except as provided in clause (ii), an eligible live venue operator or promoter, theatrical producer, motion picture theatre operator, or talent representative shall return to the Administrator any amounts received under a grant under this section that are not expended on or before the date that is 1 year after the date of disbursement of the grant. If an eligible live venue operator or promoter, theatrical producer, motion picture theatre operator, or talent representative receives a grant under subsection (b)(2), the eligible live venue operator or promoter, theatrical producer, motion picture theatre operator, or talent representative shall return to the Administrator any amounts received under either grant under this section that are not expended on or before the date that is 18 months after the date of disbursement to the eligible live venue operator or promoter, theatrical producer, motion picture theatre operator, or talent representative of the grant under subsection (b)(1). An eligible live venue operator or promoter, theatrical producer, motion picture theatre operator, or talent representative may use amounts received under a grant under this section for— payroll costs for employees and furloughed employees, including— costs for continuation coverage provided pursuant to part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1161 et seq.) (other than under section 609 of such Act ( 29 U.S.C. 1169 )), title XXII of the Public Health Service Act ( 42 U.S.C. 300bb–1 et seq.), section 4980B of the Internal Revenue Code of 1986 (other than subsection (f)(1) of such section insofar as it relates to pediatric vaccines), or section 8905a of title 5, United States Code, or under a State program that provides comparable continuation coverage, other than coverage under a health flexible spending arrangement under a cafeteria plan within the meaning of section 125 of the Internal Revenue Code of 1986; or any other non-cash benefit; rent; utilities; mortgage interest payments on existing mortgages as of February 15, 2020; scheduled interest payments on other scheduled debt as of February 15, 2020; costs related to personal protective equipment; payments of principal on outstanding loans; payments made to independent contractors, as reported on Form–1099 MISC; and other ordinary and necessary business expenses, including— settling existing debts owed to vendors; maintenance expenses; administrative costs; taxes; operating leases; insurance; advertising, production transportation, and capital expenditures related to producing a theatrical production, concert, or comedy show; and any other capital expenditure or expense required under any State, local, or Federal law or guideline related to social distancing. An eligible live venue operator or promoter, theatrical producer, motion picture theatre operator, or talent representative may not use amounts received under a grant under this section— to purchase real estate; for payments of interest or principal on loans originated after February 15, 2020; to invest or re-lend funds; for contributions or expenditures to, or on behalf of, any political party, party committee, or candidate for elective office; or for any other use as may be prohibited by the Administrator.
Connectionstraces to 5
1 reference not yet in our index
- 42 USC 300bb–1
Citation graph
cites case law
Sec. 619
Grants for shuttered venue operators
Cite42 USC 300bb–1
Cites 6Cited by 0 across 0 sources