§ 41.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act—Small Business Incubators Act (73 P. S. § § 395.1—395.12).
Advanced Technology Center (ATC)—One of the four Ben Franklin Technology Centers receiving funding under the act of July 2, 1993 (P. L. 439, No. 64) (73 P. S. § § 400.1—400.21), known as the Ben Franklin/IRC Partnership Act.
Anchor tenant—A tenant other than a retail enterprise which has an incubator lease of more than 2 years.
Board—The Board of the Ben Franklin/IRC Partnership Fund, as established by the Ben Franklin Partnership Act.
Business development services—Physical, financial and management assistance offered to incubator tenants.
Departure procedure—Policies established by the local sponsor governing when a tenant will move from the incubator and locate in its own building or in leased industrial or commercial space. The policies include, but are not limited to, a regular review of tenant ability to depart from the incubator and to operate successfully outside the incubator.
Distressed community—A community designated as distressed by the Department.
Eligible project costs—Those costs for which funds awarded by the Board may be used, including costs for the acquisition of existing buildings and land, the rehabilitation of buildings or other facilities and the purchase of equipment and furnishings necessary for the establishment of the incubator.
Entry procedure—Policies established by the local sponsor regarding the conditions under which businesses will be accepted in the incubator. The policies include, but are not limited to, a regular review of prospective tenant eligibility.
Incubator—A facility in which small units of space may be leased by tenants at low cost, in which the local sponsor maintains or provides access to business development services for use by the tenants, and in which the local sponsor maintains tenant entry and departure procedures.
Local advisory committee—A committee established by the local sponsor to advise in the development and operation of the incubator, particularly in establishing entry and departure procedures and reviewing business development services provided to incubator tenants.
Local sponsor—An organization that enters into a written agreement with the Board to establish, operate and administer a small business incubator and that is responsible for compliance with the terms and conditions of a loan agreement, including loan repayment, or a grant agreement, or both. Eligible local sponsors include municipalities, local development districts of the Appalachian Regional Commission, industrial and commercial development authorities established under the Industrial and Commercial Development Authority Law (73 P. S. § § 371—385), redevelopment authorities established under the Urban Redevelopment Law (35 P. S. § § 1701—1747), municipal authorities established under the Municipality Authorities Act of 1945 (53 P. S. § § 301—401) and industrial development corporations or private nonprofit or for-profit organizations that can demonstrate to the Board that they possess the management capability and financing to meet the objectives of this program.
Manufacturing—An enterprise engaged in giving new shapes, new qualities or new combinations to matter by the application of skill and labor.
Mixed use—Incubator facilities that house tenants engaged in manufacturing, product development and research and development or a combination of these activities.
Nonprofit enterprise—An organization organized as a domestic corporation not-for-profit, or an organization that has been issued a certificate of authority from the Department of State to conduct business in this Commonwealth as a foreign corporation not-for-profit under 15 Pa.C.S. § § 7101—7990 (relating to corporation not-for-profit code), or an organization that holds an exemption under section 501(c)(3) of the Internal Revenue Code (26 U.S.C.A. § 501(c)(3)) from the United States Treasury Department, including a government agency or charitable organization.
Nonprofit research and development enterprise—A nonprofit enterprise that is principally engaged in conducting research in technology or technical areas with the intent of offering the results of that research to for-profit enterprises for commercial use.
Operator—An organization that provides day-to-day management of an incubator.
Personal service enterprise—An organization that sells or provides a service, rather than a good, to a final user. The term includes, but is not limited to, travel agents, real estate brokers and barbers.
Product development—The production or development of new products, processes and technologies. The term includes but is not limited to, electronic information processing and more efficient production processes.
Professional enterprise—An organization that provides a professional or technical service, rather than a good or personal service, to a business for use in that business. The term includes, but is not limited to, accountants, lawyers and consultants.
Program—Small Business Incubator Program.
Retail enterprise—A commercial operation that sells goods purchased from another firm directly to a final user.
Tenant—A sole proprietorship, business partnership or corporation operating a business for profit, or a nonprofit research and development enterprise or other organization that is eligible as a tenant under § 41.7 (relating to tenant eligibility), which leases or otherwise occupies space in an incubator.
Wholesale enterprise—A commercial operation that sells goods purchased from another firm to retail enterprises or other nonfinal users.
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