§ 30–301. Hotel Recovery Grant Program.
*NOTE: This section was created by emergency legislation with identical permanent legislation that will become effective in December, 2021.*
(a) To be eligible for a grant under this section, a business shall:
(1) Be physically located in the District;
(2) Have an active hotel, inn, motel, or bed and breakfast lodging business license;
(3) Be in good standing with the District of Columbia's Office of Tax and Revenue;
(4)(A) Have opened and begun operating during 2020 or 2021; or
(B) Have remained open and operating during 2020 and 2021, except for any interruptions required by Mayor's Orders 2020-045 and 2020-046 and subsequent public health emergency orders; and
(5)(A) For a business that remained open and operating in 2019, have experienced in 2020, as compared to end-of-year 2019, at least a 40% reduction in:
(ii) Revenue; or
(iii) Revenue per available room;
(B) For a business that was closed or partially closed in 2019, have experienced in 2020, as compared to end-of-year 2018, at least a 40% reduction in:
(ii) Revenue; or
(iii) Revenue per available room; or
(C) For a business that opened and began operating between January 1, 2020, and December 31, 2021, have incurred significant costs due to the COVID-19 pandemic, as determined by the Mayor.
(b) The Mayor shall prioritize grant funding for eligible businesses that did not receive Paycheck Protection Program loans pursuant to the Coronavirus Aid, Relief, and Economic Security Act, approved March 27, 2020 (134 Stat. 281; 15 U.S.C. § 9001 et seq.), or section 501 of Division N of the Consolidated Appropriations Act, 2021, approved December 27, 2020 (134 Stat. 2069; 15 U.S.C. § 9058a).
(c) The amount of funding awarded to an eligible business shall be calculated on a per room key basis.
(d) Grant funding issued to an eligible business shall be used to pay for employee wages, benefits, and other related costs, such as recruitment, training, uniforms, and personal protective equipment.
(e) The Mayor may issue one or more grants to a third-party grant-managing entity for the purpose of administering the grant program and making subgrants on behalf of the Mayor in accordance with the requirements of this section.
(f)(1) The Mayor, and any third-party entity chosen pursuant to subsection (e) of this section, shall, at a minimum, maintain the following information for each grant award:
(A) The name, location, and business license number of the grant recipient;
(B) Proof of eligibility under subsection (a)(5) of this section;
(C) The date and amount of Paycheck Protection Program loans received by the business for purposes of compliance with subsection (b) of this section;
(D) The date of the award;
(E) Evidence that the grant recipient used the award as required by subsection (d) of this section;
(F) The award amount; and
(G) Any other information considered necessary to implement the requirements of this section.
(2) The Mayor shall issue a report setting forth the information required by paragraph (1) of this subsection to the Council no later than June 1, 2022.
(g) The Mayor, subchapter I of Chapter 5 of Title 2, may issue rules as necessary to implement the provisions of this section.
(h) For purposes of this section, the term "hotel, motel, inn, or bed and breakfast" means a real property:
(1) Any part of which is classified as Class 2 Property under § 47-813;
(2) That is commercially improved and occupied;
(3) That has 10 or more rooms; and
(4) That is regularly used for the purpose of furnishing rooms, lodgings, or accommodations to transients.
(i) In the event that the Mayor determines that a grant recipient violated the requirements of this chapter, the grant recipient shall reimburse the amount of the grant not used in compliance with this chapter; except, that in the event the Mayor determines that the violation was knowing and willful, the grant recipient shall reimburse the entire amount of the grant.