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SBA, SVOG FAQ v4 (Apr. 8, 2021)

Summary

This is the Small Business Administration's Shuttered Venue Operators Grant Program (SVOG) Frequently Asked Questions as of April 8, 2021. It says the program was established by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, signed into law on December 27, 2020, and includes over $16 billion in grants to shuttered venues. Eligible applicants may qualify for SVO Grants equal to 45% of their gross earned revenue, with a maximum of $10 million for a single grant award, and $2 billion is reserved for eligible applications with up to 50 full-time employees. Applicants must register with the federal government's System for Award Management (SAM) at www.SAM.gov. The FAQ also lists permitted and prohibited uses of grant funds.

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“SBA, SVOG FAQ v4 (Apr. 8, 2021).” Original at esd.ny.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/sba-svog-faq-v4-apr-8-2021-50a4ad98d2/, SHA-256 5c581cb2bcdf6838c49f8e3f7f51f0f5ad1ce62c115bb4747d5ceb8b134dc4be.

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The Small Business
Administration Shuttered
Venue Operators Grant
Program (SVOG)
Frequently Asked Questions as of April 8, 2021

Shuttered Venue Operators Grant                                       awards who suffered a 70% or greater
                                                                      revenue loss for the most recent calendar
(SVOG) Program
                                                                      quarter (as of 04-01-21 or later)
The Shuttered Venue Operators Grant program was
established by the Economic Aid to Hard-Hit Small
                                                          Who is eligible and can apply for a grant?
Businesses, Nonprofits, and Venues Act, signed into
                                                          •   Eligible entities may be live venue operators or
law on December 27, 2020. The program includes
                                                              promoters, theatrical producers, live performing
over $16 billion in grants to shuttered venues, to be
                                                              arts organization operators, museum operators,
administered by the SBA’s Office of Disaster
                                                              motion picture theatre operators, and talent
Assistance.
                                                              representatives, per the Economic Aid Act.
• Eligible applicants may qualify for SVO Grants
                                                              Additionally, entities of these types owned by
    equal to 45% of their gross earned revenue, with
                                                              state or local governments (for example,
    the maximum amount available for a single grant
                                                              museums or historic homes) are eligible to apply
    award of $10 million.
                                                              if the governmentally-owned entity also acts
• $2 billion is reserved for eligible applications with
                                                              solely as a venue operator, museum, etc. and not
    up to 50 full-time employees.
                                                              also include other types of entities.
                                                          •   Your principal business activity must be the
When can I apply for a grant?                                 organization, promotion, management, or hosting
•   SBA is in the process of setting up the grant             of live concerts, comedy shows, theatrical
    program and is expected to begin accepting                productions or other events by performing artists.
    applications on April 8, 2021 via the Shuttered       •   You must have been in operation by February
    Venue Operators Grant (sba.gov) portal. Those             29, 2020.
    who have suffered the greatest economic loss
    will be the first applications processed under the
                                                          When does a business have to have been
    following schedule:
         - First Priority (1st 14 days of grant
                                                          established to be eligible to apply for an
             awards): Entities that suffered a 90% or     SVOG?
             greater revenue loss between April 2020      •   The business must have been in operation as of
             through December 2020 due to the                 February 29, 2020.
             COVID-19 pandemic.
         - Second Priority (Next 14 days of grant         How long will this program last?
             awards): Entities that suffered a 70% or     •   The program will last until the funding in
             greater revenue loss between April 2020          exhausted.
             through December 2020 due to the
             COVID-19 pandemic.                           Is an entity that applied for and received a
         - Third Priority (Beginning 28 days after        Paycheck Protection Program loan in 2020
             First & Second Priority Awards are           eligible to apply for an SVOG?
             made): Entities that suffered a 25% or       •   Yes.
             greater earned revenue loss between one
             quarter of 2019 and the corresponding        Can an entity apply for a PPP loan after they
             quarter of 2020.                             receive an SVOG?
         - Supplemental Funding (Available after all
                                                          •   No. Once they receive an SVOG award, they
             Priority Periods have passed): Recipients        can no longer apply for the PPP.
             of First, Second, and Third Priority round
                                  For more information, please visit esd.ny.gov
What disqualifies an entity from SVOG                         sale of tickets, promotion of events to the public,
eligibility?                                                  defined audience and performing space, lighting
                                                              rig, sound mixing equipment, employment of
•   The following types of circumstances would
                                                              sound engineers, stage managers box office
    preclude an otherwise eligible firm from an
                                                              managers, etc.).
    SVOG:
    - It does not have a place of business located
                                                          Is a restaurant/tavern/bar that features live
       in the United States, does not operate
                                                          music eligible to apply?
       primarily within the U.S., and does not make
       a significant contribution to the U.S. economy     • No, if the principal line of business is
       through payment of taxes or use of American            restaurant/tavern/bar operation rather than live
       products, materials or labor.                          venue operation, the business would not be
    - It was not in operation as of Feb. 29, 2020.            eligible to apply for an SVOG.
    - It applied and/or received for a PPP loan on
       or after Dec. 27, 2020                             What criteria will the SBA apply when
    - It is a publicly traded corporation, or is          determining whether a particular form of live
       majority owned and controlled by a publicly        entertainment constitutes a performing arts
       traded corporation.                                event for an SVOG?
    - It presents live performances or sells              •   The SBA believes “performing arts” as related to
       products or services of a prurient sexual              the SVOG program means events such as
       nature.                                                musical concerts, comedy shows, theatrical
    - More than 10% of its 2019 gross revenue                 productions, dance performances, or other live
       came from the federal government (not                  renderings of similarly artistic works.
       counting disaster assistance)
                                                          Is a theatrical producer that stages
    - It owns or operates venues, theatres,
       museums or talent agencies in more than one
                                                          performances in multiple venues eligible to
       country, owns or operates venues, theatres,        apply?
       museums or talent agencies in more than ten        •   Yes. Provided the venues a theatrical producer
       states, AND it had more than 500 employees             uses meet the qualifications listed in the
       as of Feb. 29, 2020.                                   Economic Aid Act (e.g., defined performance and
                                                              audience spaces, sound mixing equipment, a
Can a mobile, portable, or touring facility be                lighting rig, etc.) there is no limit upon the number
a qualifying venue for an SVOG?                               of venues at which a producer may host events.
•   Yes, any venue, including traveling tent shows
    such as circuses and festivals, that meets all the
                                                          How a grant funds allowed to be used?
    space related requirements in the Economic Aid        •   Grant funds may be used for:
    Act (e.g., defined performance and audience               - Payroll costs
    spaces, lighting rig, etc.) will be considered an         - Rent payments
    SVOG-qualifying venue. If a particular venue              - Utility payments
    cannot meet these requirements, it is not eligible        - Scheduled mortgage payments (not including
    to apply for an SVOG.                                        prepayment of principal)
                                                              - Scheduled debt payments (not including
Is a wedding/event venue eligible to apply?                      prepayment of principal) on any indebtedness
                                                                 incurred in the ordinary course of business
•   No. Per the Economic Aid Act and specific
                                                                 prior to 02-15-20)
    eligibility criteria applying to Live Venue
                                                              - Worker protection expenditures
    Operators, wedding venue operators would likely
    fail to meet multiple requirements (for example:
                                  For more information, please visit esd.ny.gov
   -   Payments to independent contractors (not to        operators?
       exceed $100K in annual compensation per            •   Fixed seating is seating permanently fixed to the
       contractor)                                            floor or ground or which is so heavy or
   -   Other ordinary and necessary business                  cumbersome as to make removing it impractical,
       expenses, including maintenance costs                  per the Economic Aid Act. Where fixed seating is
   -   Administrative costs (incl. fees and licensing)        required for a museum auditorium or movie
   -   State and local taxes and fees                         theatre, a majority of the seating provided in that
   -   Operating leases in effect as of 02-15-20              space must meet the definition of fixed seating.
   -   Insurance payments
   -   Advertising, production transportation, and        How is “promoter” being defined?
       capital expenditures related to producing a        •   A promoter is an entity or individual that
       theatrical or live performing arts production.         organizes live events by performing artists and
       (May not be primary use of funds.)                     carries out tasks (other than as a vendor or
                                                              service provider) such as renting a performance
How a grant funds NOT allowed to be used?                     site, contracting with artists or a production
   •   Grantees may not use award funds to:                   company for the performance, marketing events,
       - Buy real estate.                                     and collecting gate receipts.
       - Make payments on loans originated after          •   A promoter must have:
          02-15-20.                                                - (1) a profit (net income or loss) interest in
       - Make investments or loans.                                    the live event’s presentation; and
       - Make contributions or other payments to,                  - (2) sole or joint rights to control the
          or on behalf of, political parties, political                financial terms of the live event’s
          committees, or candidates for election.                      presentation, use of the venue, and/or
       - Any other use prohibited by the                               marketing of the event.
          Administrator.                                  •   Promoters may own and/or operate live venues
                                                              or contract for space and may include festival
How is “principal business activity” being                    promoters or the promotion of live performing
defined?                                                      arts events at outdoor, festival spaces that have
   •   To determine a given firm’s principal business         all the required characteristics of a qualifying
       activity, the SBA will consider the distribution       venue.
       of an entity’s receipts, employees and costs
       of doing business among the different lines of     How is “theatrical producer” being defined?
       business activity in which its business            •   A theatrical producer is an eligible individual or
       operations occurred for the most recently              entity (including the entity that employs the
       completed fiscal year. An entity's principal           performers in a theatrical production) which has
       business activity will be the one in which it          the responsibility for creating, producing, or
       has the greatest combined amount of                    operating live theatrical productions and that
       revenues, expenses, employees and work                 have either a non-passive profit (net income or
       hours, assets, contracts, and other business           loss) interest in a theatrical production (other
       activity as compared to all its other lines of         than as a vendor or service provider) or sole or
       business. The SBA may also consider other              joint rights to control a theatrical production.
       factors, such as the distribution of patents,      •   Theatrical producers are responsible for
       contract awards, and assets, as appropriate.           functions such as negotiating debt or equity
                                                              financing with lenders or investors, financial and
How is “fixed seating” being defined as a                     tax reporting, and closing the production.
requirement for museums and movie theatre
                                  For more information, please visit esd.ny.gov
•   The term “theatrical producer” does not include        •   Mixing equipment is a sound mixer that mixes
    individuals or entities that provide financial             two or more audio signals together, provides one
    support for a theatrical production without either         or more output signals, allows adjustment of
    a non-passive profit (net income or loss) interest         levels and enhancement of sound with
    or the control described above.                            equalization and effects, and creates monitor
How is “performing arts organization                           feeds.
operator” being defined?
•   A performing arts organization operator is any         How is “public address system” being
    entity (including a theatrical management              defined as a requirement for live venue
    business) which meets the criteria established         operator or promoter?
    under the Economic Aid Act and whose principal         •   A public address system is an electronic system
    business activity is to create, produce, perform,          with at least one microphone, amplifier, and
    and/or present live performances for audiences             loudspeaker which increases the volume of a
    in qualifying venues, including amphitheaters,             human voice, musical instrument, or other
    concert halls, auditoriums, theatres, clubs,               acoustic sound source or recorded sound or
    festivals, and schools.                                    music.
                                                           How is “lighting rig” being defined as a
How are “cover charges” being defined as a                 requirement for live venue operator or
requirement for live venue operator or                     promoter?
promoter?                                                  •   A lighting rig is a structure that holds lights in
•   The SBA defines “cover charges” to encompass               place for illuminating a stage or other defined
    front door entrance fees, food or beverage                 performance space.
    minimums, or other similar charges required to
    gain admission to a venue, whether collected via       How is “sound engineer” being defined as a
    ticket sales, addition to a tab, or direct payment.
                                                           requirement for live venue operator or
                                                           promoter?
How is “defined performance space” being
                                                           •   A sound engineer is an individual who helps to
defined for live venue operator or promoter?
                                                               produce a live performance by managing or
•   A defined performance space is the distinct
                                                               enhancing source levels of sound, including by
    physical space reserved solely for the
                                                               equalization and audio effects, mixing
    presentation of a performance, such as drama,
                                                               reproduction, and reinforcement of sound.
    music, dance, comedy, or other live performing
    arts activity
                                                           How is “booker” being defined as a
                                                           requirement for live venue operator or
How is “defined audience space” being
                                                           promoter?
defined as a requirement for live venue
                                                           •   A booker is an individual (e.g. a talent buyer) who
operator or promoter?
                                                               books bands or other performing artists for
•   The defined audience space is the distinct
                                                               venues and fields inquiries from performing
    physical area in which the audience experiences
                                                               artists and performing and their agents or
    the performance for qualifying venues that host
                                                               representatives.
    live performing arts events (not including
    museums and movie theatres).
                                                           How is “stage manager” being defined as a
                                                           requirement for live venue operator or
How is “mixing equipment” being defined as
                                                           promoter?
a requirement for live venue operator or
promoter?
                                   For more information, please visit esd.ny.gov
•   A stage manager is an individual who supervises           extent of gross earned revenue loss you
    the performance space and physical aspects of a           experienced between 2019 and 2020. This and
    production and oversees the performance space             additional information such as floor plans,
    while a production is in progress.                        contract copies and other evidence will be
How is “security personnel” being defined as                  needed to apply for an SVOG.
a requirement for live venue operator or
promoter?                                                 Must applicants register in the System for
•   Security personnel are individuals hired for a live   Award Management (SAM.gov) or can they
    event to provide protection and aid for attendees,    use other identifiers like Individual Taxpayer
    performers, and venue employees. Duties of            Identification Numbers or Employer
    security personnel may include monitoring the
                                                          Identification Numbers to apply for an
    event, maintaining order, escorting attendees out
                                                          SVOG?
    of events, and suppressing disturbances.
                                                          •   SVOG applicants need to register with the
                                                              federal government’s SAM at www.SAM.gov to
How is “box office manager” being defined
                                                              apply and cannot use an ITIN, EIN, or other
as a requirement for live venue operator or
                                                              means of identification or registration. Interested
promoter?                                                     parties are encouraged to obtain a Dun and
•   A box office manager is an individual who is              Bradstreet (DUNS) number (a prerequisite for
    responsible for overseeing the sale of all tickets        SAM registration) as soon as possible. With a
    or receipt of admission fees, and may include the         DUNS number, interested parties then should
    task of ensuring the security of payments                 immediately begin registering in SAM.gov, as the
    exchanged.                                                SAM registration may take up to two weeks once
                                                              submitted., a lender may consider whether a
How is “being paid fairly” for a performer                    seasonal borrower was in operation on February
being defined?                                                15, 2020 or for an 8-week period between
•   Being paid fairly means that event performers are         February 15, 2019 and June 30, 2019 when
    paid in an amount based on a percentage of                deciding eligibility of the borrower.
    sales, a guarantee (in writing or standard
    contract), or another mutually beneficial formal      When will SVOG applications open?
    agreement. Venues may also compensate                 •   SBA is in the process of setting up the grant
    performers by sharing an agreed upon portion of           program and is expected to begin accepting
    revenues received through door fees along with            applications on April 8, 2021 via the Shuttered
    drink or meal tickets that may fall below 1099            Venue Operators Grant (sba.gov) portal.
    reporting requirements.                               For determining applicant eligibility for
                                                          priority periods, how is “revenue” being
What can an entity do to get ready to apply?              defined?
•   As the SBA works on building the application          •   The SBA will use gross revenues to determine
    platform, it would be in your best interest to            how an entity qualifies for one of the priority
    register for a DUNS number so you can then                periods.
    register in the System for Award Management           If the entity’s SVOG application is declined,
    (SAM.gov). Also, gather documents that                will an SVOG applicant be able to appeal or
    demonstrate your number of employees and
                                                          request a reconsideration of the decision?
    monthly revenues so you can calculate the
    average number of qualifying employees you had        •   No. Given SBA’s history of never offering
    over the prior 12 months. Lastly, determine the           appeals for denied grant applicants in any other
                                  For more information, please visit esd.ny.gov
    program and the volume of expected SVOG               Are fundraising event receipts considered
    applicants, the SBA will not institute an appeal      gross earned revenue?
    process for denied SVOG applicants.
                                                          •   In dealing with fundraising events, the SBA will
    Furthermore, given the potential for demand for
                                                              follow the same general principles applied to tax
    SVOG funding to outpace supply, establishing an
                                                              deductions for donations to charities. This means
    appeal process for denied applicants might
                                                              that the portion of the amount an individual pays
    further run the risk of tying up funding that could
                                                              in connection with a fundraising event which
    instead go to eligible applicants in dire need of
                                                              represents the estimated value of the good or
    timely assistance.
                                                              service they receive in exchange must be
How are “earned revenue” and “gross                           included in gross earned revenue. However, that
earned revenue” being defined by the SBA?                     portion of the amount such an individual pays
•   As required by the Economic Aid Act, the SBA is           that exceeds the estimated value of the good or
    defining earned revenue and gross earned                  service they receive will be considered a
    revenue (the two terms in the law) in accordance          donation and is not included in gross earned
    with common principals of the accrual method of           revenue.
    accounting. Using this, only monies organizations     •   For example, if a ticket to a fundraising dinner
    receive from the sale of goods or services are            costs $100 per person and the estimated value of
    counted as earned revenue. This commonly                  the dinner provided is $50, then $50 of the funds
    accepted definition of earned revenue does not            generated from the fundraising ticket would be
    include other sources of funds that an                    considered gross earned revenue and the other
    organization may receive, such as donations,              $50 would be considered a donation and would
    sponsorships, governmental assistance, or                 be excluded from gross earned revenue.
    returns on investments. Gross earned revenue is
    the total of earned revenue from various sales of     Does a non-profit count contributions and
    goods or services, such as admission tickets,         grants revenue?
    merchandise, food and beverages, advertising
                                                          •   No. Both contributions and grants revenue would
    sales and contracted presentation income.
                                                              be excluded from an organization’s earned
How is “gross revenue” being defined by the                   revenue. However, the SBA will take into account
SBA?                                                          an organization’s Federal grants revenue to
•   Gross revenue is functionally equivalent to               determine whether it meets the eligibility limit of
    ‘receipts,’ which the SBA has defined under 13            having no more than 10% of its gross revenue
    C.F.R. § 121.104 as meaning “all revenue in               from Federal sources, not including disaster
    whatever form received or accrued from                    assistance.
    whatever source.” This will include contributions,    Does a non-profit count membership
    donations, and grants from any and all sources        revenue?
    (excluding any disaster assistance funding).
                                                          •   Like fundraising, the portion of membership cost
Are donations / contributions included in                     that represents the estimated value of the goods
gross earned revenue?                                         or services provided as a condition of
•   No. Only earned revenue should be included in             membership should be included in gross earned
    calculations of gross earned revenue. Unearned            revenue. The portion of a membership cost that
    revenue, including donations and other gratuitous         exceeds the estimated value of the goods or
    contributions, such as foundation grants,                 services provided as a condition of membership
    corporate sponsorships and individual gifts,              is considered a contribution and excluded from
    should not be included.                                   gross earned revenue.

                                  For more information, please visit esd.ny.gov


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