SVOG Eligibility Matrix: Why Your Shuttered Venue Operators Grant Application Is Ineligible (Section 324, Economic Aid Act)
Summary
The SVOG Eligibility Matrix explains why a Shuttered Venue Operators Grant application is ineligible. It states that Section 324 of the Economic Aid Act, part of the Consolidated Appropriations Act, 2021, established the SVOG program. Tables give general eligibility criteria for all applicants and criteria for each entity type, from Live Performing Arts Organization Operator to Theatrical Producer. The general criteria include being fully operational on February 29, 2020 and demonstrating at least a 25% reduction in gross earned revenue during at least one quarter of 2020, compared to 2019. The final page lists common reasons SVOG applicants have been declined and are ineligible.
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“SVOG Eligibility Matrix: Why Your Shuttered Venue Operators Grant Application Is Ineligible (Section 324, Economic Aid Act).”
Original at www.sba.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-07-small-business-administration-svog-eligibilitymatrix-v2-final-d62cc876ca/
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SVOG Eligibility Matrix
Why your Shuttered Venue Operators Grant application is ineligible
Section 324 of the Economic Aid to Hard-Hit Small Busineses, Nonprofits, and Venues Act which was
part of H.R. 133 Consolidated Appropriations Act, 2021, established the SVOG program. The
Economic Aid Act included specific eligibility criteria that the SBA followed in awarding grants to
ensure the funds were delivered to those Congress intended to receive them. The tables that follow
provide the general eligibility criteria that apply to all applicants, as well as the eligibility criteria for
each entity type. The final page provides common reasons certain types of organizations are deemed
to be ineligible.
General Eligibility (applies to all applicants) .......................................................................................... 2
Live Performing Arts Organization Operator .......................................................................................... 3
Live Venue Operator ................................................................................................................................. 4
Motion Picture Theatre Operator ............................................................................................................ 5
Museum .................................................................................................................................................... 6
Promoter .................................................................................................................................................. 7
Talent Representative .............................................................................................................................. 9
Theatrical Producer ............................................................................................................................... 10
Common reasons SVOG applicants have been declined and are ineligible ........................................ 11
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General Eligibility (applies to all applicants)
Eligibility Criteria Statute Reference
1 Must be fully operational on February 29, 2020 15 USC 9009a(a)(1)(A)(i)(I)
2 Must be currently open, in operation, or currently representing live 15 USC 9009a(a)(1)(A)(ii)
talent
3 Must demonstrate at least a 25% reduction in gross earned revenue 15 USC
during at least one quarter of 2020, compared to 2019 9009a(a)(1)(A)(i)(II)
(not applicable for businesses that opened in early 2020)
4 Must not issue securities on a national securities exchange or the 15 USC
entity applying must not be wholly or partly owned or operated by an 9009a(a)(1)(A)(vi)(I)(aa)
entity that issues securities on a national securities exchange
5 Must not have more than 10% of 2019 income come from Federal 15 USC
resources (not applicable to government entities) 9009a(a)(1)(A)(vi)(I)(bb)
6 Must not meet all the following (or be wholly- or partly-owned by an 15 USC
entity that meets all the following): 9009a(a)(1)(A)(vi)(II)
(1) own or operate a venue in more than one country
(2) own or operate venue in more than 10 states
(3) have more than 500 full-time equivalent employees
7 Must not be currently suspended or debarred from contracting with 2 CFR Parts 180 and 2700
the Federal government or receiving Federal grants or loans
8 Must not have done any of the following in the past 5 years: Pub. L. No. 113-235, Title
V, Div. B, § 523
(1) been convicted…
(2) pleaded guilty…
(3) pleaded nolo contendere…
9 Must not present live performances of a prurient sexual nature or 15 USC 9009a(a)(1)(B)
derive directly or indirectly more than de minimis gross revenue
through the sale of products or services
7/15/2021 9:33 AM 2|P a g e
Live Performing Arts Organization Operator
Eligibility Criteria Statute Reference
1 Must create, produce, perform, and/or present live performances for 15 USC 9009a(a)(3)(A)(i)(I),
audiences in qualifying venues, including amphitheaters, concert as supplemented by ⁋ 23
halls, auditoriums, theatres, clubs, festivals, and schools of the Definitions section
of the FAQs.
2 Must have principal business activity as either: 15 USC 9009a(a)(3)(A)
(1) selling tickets to live events by performing artists an average
of not less than 60 days before the show date
(2) creating, producing, performing, and/or presenting live
events by performing artists, with not less than 70% of
earned revenue coming from ticket sales/cover charges,
sales of merchandise/food/beverage (incl. alcohol),
production fees/reimbursements, and/or nonprofit
educational initiatives
3 Must require a ticket purchase or cover charge for most 15 USC
performances 9009a(a)(1)(A)(iii)(IV)
4 Must market performances via print or electronic means 15 USC
9009a(a)(1)(A)(iii)(VI)
5 Must pay performers based on a percentage of sales, a guarantee, or 15 USC
other mutually beneficial arrangement other than compliementry 9009a(a)(3)(A)(i)(I)(bb)
food and beverage and 9009a(a)(3)(A)(ii)(II)
6 Most venues used for performance must have a defined performance 15 USC
space (e.g., a stage or roped-off area) 9009a(a)(1)(A)(iii)(I)
7 Most venues used for performance must have a defined audience 15 USC
space (e.g., standing or seating area) 9009a(a)(1)(A)(iii)(I)
8 Most venues used for performance must have sound mixing 15 USC
equipment 9009a(a)(1)(A)(iii)(II)
9 Most venues used for performance must have a public address 15 USC
system 9009a(a)(1)(A)(iii)(II)
10 Most venues used for performance must have a lighting rig 15 USC
9009a(a)(1)(A)(iii)(II)
11 Most venues used for performance must have at least one individual 15 USC
who performs at least two of the following roles: 9009a(a)(1)(A)(iii)(III)
(1) Sound engineer
(2) Booker
(3) Promoter
(4) Stage manager
(5) Security personnel
(6) Box office manager
7/13/2021 11:02 AM 3|P a g e
Live Venue Operator
Eligibility Criteria Statute Reference
1 Must own a venue and/or operate a venue on behalf of an owner 15 USC 9009a(a)(3)(A)
2 Must have principal business activity as either: 15 USC 9009a(a)(3)(A)
(1) hosting live concerts, comedy shows, theatrical productions,
or other events by performing artists with not less than 70%
of the Live Venue Operator’s earned revenue coming from
ticket sales/cover charges, sales of
merchandise/food/beverage (incl. alcohol), production
fees/reimbursements, and/or nonprofit educational
initiatives
(2) selling tickets to live concerts, comedy shows, theatrical
productions, or other events by performing artists an
average of not less than 60 days before the show date
3 Must be either: 15 USC
9009a(a)(1)(A)(iii)(IV)
(1) Not a nonprofit, and most performances require a ticket
purchase or cover charge
(2) A nonprofit, and performances are produced and managed
15 USC
primarily by paid employees
9009a(a)(1)(A)(iii)(V)
4 Must market performances via print or electronic means 15 USC
9009a(a)(1)(A)(iii)(VI)
5 Must pay performers based on a percentage of sales, a guarantee, or 15 USC
other mutually beneficial arrangement other than compliementry 9009a(a)(3)(A)(i)(I)(bb)
food and beverage and 9009a(a)(3)(A)(ii)(II)
6 The venue used for performance must have a defined performance 15 USC
space (e.g., a stage or roped-off area) 9009a(a)(1)(A)(iii)(I)
7 The venue used for performance must have a defined audience 15 USC
space (e.g., standing or seating area) 9009a(a)(1)(A)(iii)(I)
8 The venue used for performance must have sound mixing equipment 15 USC
9009a(a)(1)(A)(iii)(II)
9 The venue used for performance must have a public address system 15 USC
9009a(a)(1)(A)(iii)(II)
10 The venue used for performance must have a lighting rig 15 USC
9009a(a)(1)(A)(iii)(II)
11 The venue used for performance must have at least one individual 15 USC
who performs at least two of the following roles: 9009a(a)(1)(A)(iii)(III)
(1) Sound engineer
(2) Booker
(3) Promoter
(4) Stage manager
(5) Security personnel
(6) Box office manager
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Motion Picture Theatre Operator
Eligibility Criteria Statute Reference
1 Must own a movie theatre and/or operate a movie theatre on behalf 15 USC 9009a(a)(4)
of an owner
2 Must have principal business activity as owning and/or operating at 15 USC 9009a(a)(4)
least one place of public accommodation for the purpose of motion
picture exhibition for a fee
3 Must require a ticket purchase or cover charge for most 15 USC 9009a(a)(1)(iv)(III)
performances
4 Must market performances via print or electronic means 15 USC
9009a(a)(1)(A)(iv)(IV)
5 The venue used for performance must have at least one auditorium 15 USC
9009a(a)(1)(A)(iv)(I)
6 The venue used for performance must have a motion picture screen 15 USC
9009a(a)(1)(A)(iv)(I)
7 The venue used for performance must have a defined audience space 15 USC
which is mostly fixed seating 9009a(a)(1)(A)(iv)(I)
8 The venue used for performance must have a projection booth or 15 USC
space containing not less than one motion picture projector 9009a(a)(1)(A)(iv)(II)
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Museum
Eligibility Criteria Statute Reference
1 Must be a nonprofit 15 USC 9009a(a)(7)(B)
2 Must have principal business as serving as a museum 15 USC 9009a(a)(1)(A)(v)(I)
3 Must be organized on a permanent basis for essentially educational, 15 USC 9009a(a)((7); 20
cultural heritage, or aesthetic purposes USC 9172
4 Must use professional staff 15 USC 9009a(a)((7); 20
USC 9172
5 Must own or use, care for, and exhibit tangible objects to the public 15 USC 9009a(a)((7); 20
on a regular basis USC 9172
6 Must be one of the following: 15 USC 9009a(a)((7); 20
USC 9172
aquarium
arboretum
botanical gardens
art museum
children’s museum
general museum
historic house or site
history museum
nature center
natural history and anthropology museum
planetarium science and technology center
specialized museum
zoo
similar institution
7 Must have indoor exhibition spaces which have been subjected to 15 USC
pandemic-related occupancy restrictions 9009a(a)(1)(A)(v)(II)
8 Must have at least one auditorium, theater, or performance or lecture 15 USC
hall with fixed audience seating 9009a(a)(1)(A)(v)(III)
9 Must have regular programming (for example: daily, weekly) 15 USC
9009a(a)(1)(A)(v)(III)
7/13/2021 11:02 AM 6|P a g e
Promoter
Eligibility Criteria Statute Reference
1 Must organize live events by performing artist by doing all of the 15 USC 9009a(a)(3)(A), as
following: supplemented by ⁋ 26 of
the Definitions section of
(1) renting or owning a performance site
the FAQs
(2) contracting with artists or a production company for the
performance
(3) marketing the events
(4) collecting an admission fee or gate receipts
2 Must have both: 15 USC 9009a(a)(3)(A), as
supplemented by ⁋ 26 of
(1) a profit interest (net income or loss interest) in the live
the Definitions section of
event’s presentation
the FAQs
(2) sole or joint rights to control the financial terms of the live
event’s presentation, use of the venue, and/or marketing of
the event
3 Must have the principal business activity as either: 15 USC 9009a(a)(3)(A)
(1) Selling tickets to live concerts, comedy shows, theatrical
productions, or other events by performing artists an average of
not less than 60 days before the show date
(2) Promoting live concerts, comedy shows, theatrical productions,
or other events by performing artists with not less than 70% of
the Promoter's earned revenue coming from ticket sales/cover
charges, sales of merchandise/food/beverage (incl. alcohol),
production fees/reimbursements, and/or nonprofit educational
initiatives
4 Must require a ticket purchase or cover charge for most 15 USC
performances 9009a(a)(1)(A)(iii)(IV)
5 Must market performances via print or electronic means 15 USC
9009a(a)(1)(A)(iii)(VI)
6 Must pay performers based on a percentage of sales, a guarantee, or 15 USC
other mutually beneficial arrangement other than compliementry 9009a(a)(3)(A)(i)(I)(bb)
food and beverage and 9009a(a)(3)(A)(ii)(II)
7 The venue used for performance must have a defined performance 15 USC
space (e.g., a stage or roped-off area) 9009a(a)(1)(A)(iii)(I)
8 Most venues used for performance must have a defined audience 15 USC
space (e.g., standing or seating area) 9009a(a)(1)(A)(iii)(I)
9 Most venues used for performance must have sound mixing 15 USC
equipment 9009a(a)(1)(A)(iii)(II)
10 Most venues used for performance must have a public address 15 USC
system 9009a(a)(1)(A)(iii)(II)
11 Most venues used for performance must have a lighting rig 15 USC
9009a(a)(1)(A)(iii)(II)
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12 Most venues used for performance must have at least one individual 15 USC
who performs at least two of the following roles: 9009a(a)(1)(A)(iii)(III)
(1) Sound engineer
(2) Booker
(3) Promoter
(4) Stage manager
(5) Security personnel
(6) Box office manager
7/13/2021 11:02 AM 8|P a g e
Talent Representative
Eligibility Criteria Statute Reference
1 Must be engaged in representing or managing artists and 15 USC 9009a(a)(10)(A)(i)
entertainers as 70% or more of its operations as supplemented by ⁋ 35
of the Definitions section
of the FAQs
2 Must book or represent musicians, comedians, actors, or similar 15 USC 9009a(a)(10)(A)(ii)
performing artists primarily live events in venues or festivals
3 Most venues performers are booked into must require a ticket 15 USC
purchase or cover charge for most performances 9009a(a)(1)(A)(iii)(IV)
4 Most venues performers are booked into must market performances 15 USC
via print or electronic means 9009a(a)(1)(A)(iii)(VI)
5 Most venues performers are booked into must pay performers based 15 USC
on a percentage of sales, a guarantee, or other mutually beneficial 9009a(a)(1)(A)(iii)(IV) and
arrangement other than complimentary food and beverage 9009a(a)(10)(A)(iii)
6 Most venues performers are booked into must have a defined 15 USC
performance space (e.g., a stage or roped-off area) 9009a(a)(1)(A)(iii)(II)
7 Most venues performers are booked into must have a defined 15 USC
audience space (e.g., standing or seating area) 9009a(a)(1)(A)(iii)(II)
8 Most venues performers are booked into must have sound mixing 15 USC
equipment 9009a(a)(1)(A)(iii)(III)
9 Most venues performers are booked into must have a public address 15 USC
system 9009a(a)(1)(A)(iii)(III)
10 Most venues performers are booked into must have a lighting rig 15 USC
9009a(a)(1)(A)(iii)(III)
11 Most venues performers are booked into must have at least one 15 USC
individual who performs at least two of the following roles: 9009a(a)(1)(A)(iii)(III)
(1) Sound engineer
(2) Booker
(3) Promoter
(4) Stage manager
(5) Security personnel
(6) Box office manager
7/13/2021 11:02 AM 9|P a g e
Theatrical Producer
Eligibility Criteria Statute Reference
1 Must have responsibility for creating, producing, or operating live 15 USC 9009a(a)(10)(A)(i)
theatrical productions as supplemented by ⁋ 36
of the Definitions section
of the FAQs
2 Must be either: 15 USC 9009a(a)(10)(A)(i)
as supplemented by ⁋ 36
(1) a non-passive profit (net income or loss) interest in a
of the Definitions section
theatrical production (other than as a vendor or service
of the FAQs
provider)
(2) have sole or joint rights to control a theatrical production
3 Must have a principal business activity as either: 15 USC 9009a(a)(3)(A)
(1) selling tickets to theatrical productions an average of not less
than 60 days before the show date
(2) producing theatrical productions, with not less than 70% of
earned revenue coming from ticket sales/cover charges,
sales of merchandise/food/beverage (incl. alcohol),
production fees/reimbursements, and/or nonprofit
educational initiatives
4 Must require a ticket purchase or cover charge for most 15 USC
performances 9009a(a)(1)(A)(iii)(IV)
5 Must market performances via print or electronic means 15 USC
9009a(a)(1)(A)(iii)(VI)
6 Must pay performers based on a percentage of sales, a guarantee, or 15 USC
other mutually beneficial arrangement other than compliementry 9009a(a)(3)(A)(i)(I)(bb)
food and beverage and 9009a(a)(3)(A)(ii)(II)
7 The venue used for performance must have a defined performance 15 USC
space (e.g., a stage or roped-off area) 9009a(a)(1)(A)(iii)(II)
8 The venue used for performance must have a defined audience space 15 USC
(e.g., standing or seating area) 9009a(a)(1)(A)(iii)(II)
9 The venue used for performance must have sound mixing equipment 15 USC
9009a(a)(1)(A)(iii)(III)
10 The venue used for performance must have a public address system 15 USC
9009a(a)(1)(A)(iii)(III)
11 The venue used for performance must have a lighting rig 15 USC
9009a(a)(1)(A)(iii)(III)
12 The venue used for performance must have at least one individual 15 USC
who performs at least two of the following roles: 9009a(a)(1)(A)(iii)(III)
(1) Sound engineer
(2) Booker
(3) Promoter
(4) Stage manager
(5) Security personnel
(6) Box office manager
7/13/2021 11:02 AM 10 | P a g e
Common reasons SVOG applicants have been declined and are ineligible
Each applicant is unique, and the SBA has at least two individuals review each application before
deciding to grant or decline an applicant. The following list provides common types of organizations
that applied for an SVOG and were deemed ineligible, along with the reason.
Type of Organization Commonly Unmet Eligibility Criteria
Event venues (e.g., wedding venues) Most apply as Live Venue Operators
#2 (principal business activity)
#5 (paid performers)
Sports arenas Most apply as Live Venue Operators
#2 (principal business activity)
Escape rooms Most apply as Live Venue Operators
#2 (principal business activity)
#5 (paid performers)
#6 (defined performance space)
#7 (defined audience space)
#11 (specific roles)
Festivals Some apply as Live Venue Operators
#1 (own/operate a venue)
#2 (principal business activity)
Some apply as Promoters
#3 (principal business activity)
Running event with live music Most apply as Live Venue Operators
#2 (principal business activity)
#10 (lighting rig)
#11 (specific roles)
Tour companies Most apply as Promoters
#3 (principal business activity)
Conventions Some apply as Live Venue Operators
#1 (own/operate a venue)
#2 (principal business activity)
#5 (paid performers)
Some apply as Promoters
#3 (principal business activity)
7/13/2021 11:02 AM 11 | P a g e
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