Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

When Can Restaurants Apply for Grants Under the Restaurant Revitalization Fund?

Author: Scarinci Hollenbeck, LLC

Date: May 4, 2021

Key Contacts

Back
When Can Restaurants Apply for Grants Under the Restaurant Revitalization Fund?

The Small Business Association (SBA) expects to launch the Restaurant Revitalization Fund (RRF) sometime later this month

The Small Business Association (SBA) expects to launch the Restaurant Revitalization Fund (RRF) sometime later this month, according to officials. The new program, which was established under the American Rescue Plan Act, aims to help restaurants who have suffered revenue losses due to the COVID-19 pandemic.

Funding Available Under the Restaurant Revitalization Fund

The new $28.6 billion Restaurant Revitalization Fund reflects the fact that restaurants have been particularly hard hit by the pandemic. Faced with mandatory closures and capacity restrictions, restaurants have struggled to stay afloat.

The American Rescue Plan Act authorized the SBA to make grants of up to $10 million ($5 million per physical location) to eligible entities and their affiliated businesses to cover pandemic-related losses. A total of $5 billion will be devoted exclusively to entities with 2019 gross receipts of less than $500,000.

Under the American Rescue Plan Act, pandemic-related losses are generally defined as the gross receipts of the eligible entity during 2020 subtracted from the gross receipts of the eligible entity in 2019. If an entity was not operating for all of 2019, the maximum grant value is the average monthly gross receipts in 2020 minus the average monthly gross receipts in 2019. If an eligible entity has not yet opened as of the date of the grant application, but has incurred expenses, it may be eligible for a grant in the amount of those expenses, or an amount based on a formula determined by SBA. According to the SBA, recipients are not required to repay the funding as long as funds are used for eligible uses no later than March 11, 2023.

Eligibility for Grants Under the Restaurant Revitalization Fund

To be eligible for the RRF, entities must fall into one of the following categories: “restaurant, food stand, food truck, food cart, caterer, saloon, inn, tavern, bar, lounge, brewpub, tasting room, taproom, licensed facility or premise of a beverage alcohol producer where the public may taste, sample, or purchase products” and  “other similar places of business in which the public or patrons assemble for the primary purpose of being served food or drink.”

Certain entities are unable to participate in the RRF. They include publicly-traded companies and those owned by a state or local government. Additionally, entities that operate more than 20 restaurants are ineligible.

For entities that do qualify, RRF grantscan be used to pay for the following eligible expenses:

  • Payroll costs;
  • Principal and interest payments on a mortgage, not including any prepayments on principal.
  • Rent payments, not including prepayments;
  • Utilities;
  • Maintenance expenses including construction to accommodate outdoor seating and walls, floods, deck surfaces, furniture, fixtures, and equipment;
  • Supplies including personal protective equipment and cleaning materials;
  • Food and beverage expenses within the eligible entity’s scope of normal business practice before the covered period, which runs from Feb. 15, 2020, through Dec. 31, 2021, or another date as determined by the SBA;
  • Covered supplier costs;
  • Operational expenses;
  • Paid sick leave; and
  • Any other expenses the SBA determines to be essential to maintaining the eligible entity.

What’s Next?

In testimony before the Senate Small Business Committee on March 24, Patrick Kelley, associate administrator for the SBA’s Office of Capital Access, stated that preliminary instructions and guidance would be posted within 7-10 days. A Program Guide was subsequently issued by the SBA on April 20th, 2021. Once the SBA is ready to accept applications, priority will be given to businesses owned and controlled by women and veterans, and socially and economically disadvantaged small businesses. After the initial 21-day priority period, the SBA will then open the program to all eligible applicants, and process applications based on the order received. The program will last until funds are exhausted.

If you have questions, please contact us

For detailed guidance on applying for a Restaurant Revitalization Fund grant, we encourage you to contact the Scarinci Hollenbeck attorney with whom you work or feel free to contact me, Jorge de Armas, directly, at 201-896-4100.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York post image

Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]

Author: Donald M. Pepe

Link to post with title - "Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York"
Company Dissolved? Legal and Financial Consequences to Expect post image

Company Dissolved? Legal and Financial Consequences to Expect

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences.  It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]

Author: Jay McDaniel

Link to post with title - "Company Dissolved? Legal and Financial Consequences to Expect"
The Legal Implications of Signing a Triple Net Lease post image

The Legal Implications of Signing a Triple Net Lease

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]

Author: Donald M. Pepe

Link to post with title - "The Legal Implications of Signing a Triple Net Lease"
When to Settle and When to Fight: A Litigator's Framework post image

When to Settle and When to Fight: A Litigator's Framework

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]

Author: Sean M. Pena

Link to post with title - "When to Settle and When to Fight: A Litigator's Framework"
What Is Corporate Litigation? A Clear Guide for Businesses post image

What Is Corporate Litigation? A Clear Guide for Businesses

Corporate litigation, also called commercial litigation or business litigation, is the formal legal process through which companies resolve disputes in the civil court system. When a business relationship breaks down and other resolution methods have failed, litigation provides a structured legal mechanism for asserting rights, recovering damages, enforcing obligations, and obtaining court-ordered relief. Unlike criminal […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "What Is Corporate Litigation? A Clear Guide for Businesses"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!