Sec. 211. Definitions
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In this subtitle: 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 February 29, 2020. For purposes of eligibility for covered grants— the provisions applicable to affiliations under section 121.301 of title 13, Code of Federal Regulations, or any successor regulation, are waived for any business concern operating as a franchise that is assigned a franchise identifier code by the Administration; and the exceptions to affiliation noted in section 121.103(b) of title 13, Code of Federal Regulations, or any successor regulation, shall apply to an affiliated business.
The term covered grant means a grant under section 213 made to an eligible entity. The term covered period means the period— beginning on March 1, 2020; and ending on March 31, 2023, or a date to be determined by the Administrator that is not later than 2 years after the date of enactment of this Act. The term eligible entity — means a fitness facility— that employs not more than 500 employees, determined on a full-time equivalency basis; that— provides instruction in a program of in-person physical exercise; or offers space for individuals to take part in the preservation, maintenance, encouragement, or development of physical fitness; for which the health or fitness component is not incidental to the overall function and purpose of the facility; and that derives revenue primarily from membership dues or admission or participation fees; may include— a for-profit entity; a nonprofit entity; and a Tribally-owned concern; and does not include— an entity with pandemic-related revenue losses that are not greater than 25 percent; an entity described in subparagraph
(A)that— is a State or local government-operated business; as of March 1, 2020, owns or operates (together with any affiliated business) more than 10 locations, regardless of whether those locations do business under the same or multiple names; has a pending application for or has received a grant under— section 324 of the Economic Aid to Hard Hit Small Businesses, Nonprofits, and Venues Act ( 15 U.S.C. 9009a ); or section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ); or offers golf, hunting, sailing, shooting, or riding facilities; a publicly-traded company; an entity that was not in operation before March 1, 2020; or an entity that is not in operation on, and does not intend to reopen on or before the date that is 180 days after, the date on which the entity applies for a covered grant. The term Fund means the Gym and Fitness Center Recovery Fund established under section 212(a)(1). Subject to subparagraph (B), the term pandemic-related revenue loss means, with respect to an eligible entity— except as provided in clauses
(ii)and (iii), 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 amount is greater than zero, except that the Administrator may make adjustments to this formula as needed for seasonal businesses, businesses affected by natural disasters, and to address other circumstances identified by the Administrator requiring accommodation; if the eligible entity was not in operation for the entirety of 2019— the difference, if greater than zero, between— the product obtained by multiplying the average monthly gross receipts of the eligible entity in 2019 by 12; and the product obtained by multiplying the average monthly gross receipts of the eligible entity in 2020 by 12; or an amount based on a formula determined by the Administrator; and if the eligible entity opened during the period beginning on January 1, 2020 and ending on February 29, 2020, an amount based on a formula determined by the Administrator. 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 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) in 2020 or 2021; and the amount by which the total of all remunerative payments made to an individual, including any annual salary paid to an employee, in 2020 exceeds $250,000. The Administrator may determine the types of payments and individuals to which clause (i)(II) applies.
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