COVID-19 UPDATE: Relief Passed and Advocacy Efforts March 19,2020

Updated May 5, 2020

May 5, 2020 -- We continue to advocate on your behalf at every level of government. Over the last few days, we have sent a fresh round of letters to our elected officials, asking for immediate cash relief and detailing what this industry needs during the recovery period. Please note that we are pushing for restaurants to reopen as soon as possible, where it is safe – but also pushing for consistent guidelines around re-opening so that you can properly train your staff and your guests are prepared for what to expect.  

Federal
You can view the letter we sent to our Senators and every member of our Congressional delegation here. Highlights:

• Fixes to the Paycheck Protection Program to make it more workable for restaurants
• Assistance with Business Interruption Insurance
• A dedicated Restaurant Recovery Program, with cash relief reserved for the restaurant industry
• And more

State
You can view the letter we sent to Governor Polis here. Highlights:

• Caps on third party delivery service fees
• A moratorium on commercial evictions
• Support for a bill to fix the tip credit statewide
• A long list of requests related to guidelines for reopening dining rooms
• And more

Local
You can view the letter we sent to Denver Mayor Hancock here, the letter we sent to local governments across the state here, and the letter we sent to the county commissioners here. Highlights of our local asks:

• Suspension or reversal of minimum wage increases so that minimum wage matches the state level
• Permitting to allow expansion of seating with revised licenses to expand beyond current patios, into parking lots and neighboring properties – even into streets (with street closures) where possible
• Forgiveness of local sales and use taxes through Q3
• Reopening guidelines that match those of the state to avoid confusion
• And more

Today, phase two of the federal government's coronavirus response cleared the U.S. Senate and was signed by President Trump. This bill was aimed at providing workers with relief, and it included a mandate for businesses to pay for Emergency Family and Medical Leave and Emergency Paid Sick Leave related to a diagnosis of COVID-19. Click here to find a detailed description from the National Restaurant Association. Click here to read about what employers need to do to comply.

The bill also contained: 

• Nutrition waivers
• Emergency Family and Medical Leave expansion Act
• Emergency Unemployment Insurance Stabilization and Access Act of 2020
• Emergency Paid Sick Leave Act
• Health provisions
• Tax credits for paid sick and paid family and medical leave

Federal Tax Deferment

Tax-payers will receive a 90 day deferment on all federal income taxes. During this three month period, payments will not be subject to interest or penalties. Please note that this only applies to federal income taxes, we are working to negotiate a similar agreement with state and local agencies.

60 Day Foreclosure and Eviction Suspension

US Department of Housing and Urban Development authorized the Federal Housing Administration (FHA) to implement an immediate foreclosure and eviction moratorium for certain single family homeowners with FHA issued mortgages for the next 60 days. This applies only to those with Title II Single Family forward and Home Equity Conversion (reverse) mortgages. FHA continues to encourage servicers to offer loss mitigation options in the form of short and long-term forbearance options, mortgage modifications, and other mortgage payment relief options available based on the borrower’s individual circumstances.

Details on President Trump's Stimulus Plan

Senate GOP leadership is working with the Trump Administration to craft an economic stimulus package that could end up costing nearly $1 trillion. During this afternoon's press conference, the President proposed the stimulus package and outlined details. Provisions include:​

• Airline Industry Secured Lending Facility ($50 billion)
• Temporarily Permit Use of the Exchange Stabilization Fund to Guarantee Money Market Mutual Funds
• Economic Impact Tax Payments ($500 billion of direct payments to individual taxpayers sent in two funds)

Read more here. 
 
Sen. McConnell (R-KY) pledged on Tuesday that the Senate will not leave town until they pass this stimulus package. Republican senators are divided on whether money should go to workers directly missing paychecks because of the virus or to all adults in an attempt to boost the economy generally. Further, they are split on how the money should be delivered, whether it be directly to Americans through unemployment insurance or to businesses in the form of loans designed to be used for payroll. McConnell says the Senate will work at “warp speed” on this, but it is difficult to predict a timeline for action.
 
Sen. Schumer (D-NY) has been working on a separate version of a stimulus plan, but McConnell said he will look to achieve bipartisan support. Schumer's $750 billion-dollar proposal includes $400 billion in emergency appropriations, in addition to $350 billion in benefit increases and changes to federal safety net programs and has various provisions that would be concerning to our industry.

Action from the National Restaurant Association

The National Restaurant Association called on President Trump and congressional leaders to provide immediate relief in the wake of government-mandated operational changes.  The large-scale closures and restrictions on gatherings have created an economic hardship that will ripple through every community in this country.

Early economic forecasts reveal the industry will sustain at least a $225 billion loss and be forced to eliminate between 5 to 7 million jobs over the next three months; however, the White House and others are projecting a potentially longer period for reduced operations.

This morning we delivered to the White House, Senate Leader Mitch McConnell, and to House Speaker Pelosi, the industry’s initial recovery request.  Click here to read a copy of our press release and click here to read the letter. 

The letter requests immediate financial relief on three fronts:

1. Direct/Targeted Relief

• Authorize the Department of Treasury to create a $145 billion Restaurant and Foodservice Industry Recovery Fund.
• $35 billion for Community Development Block Grants for Disaster Relief (CDBGDR) assistance.
• Assistance in allowing businesses to defer mortgage, lease and loan obligations.

• $100 billion in Federally-Backed Business Interruption Insurance.
• Federal Loan Program Equal to Lost Revenue.
• $45 billion in expanded access to effective, efficient and affordable federal and conventional loans.
• $130 Million in Disaster Unemployment Assistance (DUA).

• Reduced credit card fees.
• Tax credits.
• A temporary payroll tax cut.
• Tax delays and deferrals.
• A fix on the Qualified Improvement Property (QIP) technical correction.

The Association has launched an aggressive media campaign to underscore the undue burden being carried by the industry and our employees. Our letter was covered extensively in political and business media outlets—and our media engagement will sustain throughout this public policy and political battle.

SBA Loans

Colorado small businesses impacted by COVID-19 can now seek individual small business loans up to $2 million as part of the Small Business Administration’s Economic Injury Disaster Loan program. Small businesses throughout all 64 counties may seek SBA Economic Injury Disaster Loans. For more information, click here.

Earlier:
Governor Polis and the Colorado congressional delegation have called on the Small Business Administration to approve a disaster declaration that would free up emergency loans for small businesses in the state struggling with the impacts of COVID-19. The Governor has listed Alamosa, Baca, Denver, Eagle, El Paso, Gunnison, Jefferson, Larimer, La Plata, Las Animas, Lincoln, Logan, Pueblo, Rio Grande, Routt, and San Miguel counties as those in need of emergency relief. 

Last week, Congress passed the Coronavirus Preparedness and Response Supplemental Appropriations Act of 2020, which would allow the SBA to provide Economic Injury Disaster Loans under a Governor’s Certification Disaster Declaration.

If approved, small businesses and private nonprofits who qualify are eligible to borrow up to $2 million with a maximum 30-year term at a current interest rate of 3.75%. The hope is that these funds will allow businesses to survive long enough to reopen and rehire employees once restrictions on movement are lifted. 

• Mortgage Payment Deferrals: Provide temporary assistance that would allow businesses and employees to defer mortgage payments in the event that restaurant traffic declines even more due to local mandates.
• Small Business Administration (SBA) Loans: Allow for temporary interest-only payments on SBA loans currently in payment.
• Cost-Sharing Barriers: Request that the IRS consider tax breaks to individual business owners or restaurants that have suffered a 20% or greater decline in business since January 1, 2020.
• Financial/Economic Stimulus Package: Consider an economic stimulus package to be issued directly to business owners as a bail-out to offer financial relief.
• Holiday on Payroll Taxes: Defer payroll tax payments until the impacts of COVID-19 have subsided. 

• Delay sales tax remittance for restaurants for 90 days.
• Suspend indefinitely business improvement and other hospitality fees/taxes where possible.
• Suspend or defer property, estimated income, and franchise taxes.
• Quickly refund overpayment of estimated taxes.

• Cap or reduce delivery fees for restaurants on third party delivery.
• Allow restaurants with valid liquor licenses to deliver alcohol to customers or allow them to sell alcohol with carry-out or to-go orders.

• Suspend any government mandates set to come into effect in the next two months.
• Extend the amount of time retailers have to pay wholesalers for alcohol purchased to 90 days.

• Prohibit landlords from evicting restaurants for non-payment of rent during the COVID-19 crisis. Allow restaurants to pay back rent over a series of months after the crisis abates.
• Prohibit utilities from shutting off services to restaurants during the COVID-19 crisis due to lack of payment.
• Waive restaurant payment of utilities for 90 days or other utility relief.
• Extend the window for restaurants to make payments on COVID-19 related expenditures. 
• Call on the banking industry to help with bridge loans and loan payments during the COVID-19 crisis.

• Denver Economic Development and Opportunity (DEDO) is setting up an emergency relief program to provide cash grants up to $7,500 to qualifying small businesses. The highest priority will be the industries most impacted by the coronavirus pandemic, such as the food industry. 
• DEDO, in partnership with CEDS Finance, will refocus an existing microloan program to support small businesses’ stabilization efforts. Current recipients of loans from DEDO will have the ability to temporarily defer loan payments, should they need to. 
• The Denver Department of Finance (DOF) will waive the 15% penalty for late payment of February and March sales, use, and occupational privilege taxes due March 20 and April 20, 2020. The return must be filed and funds remitted within 30 days of the due date. DOF will evaluate extension of the waiver on a month-by-month basis. 
• For the next 30 days, the Denver Department of Transportation and Infrastructure (DOTI) will suspend enforcement of the following:
  • Parking meters (All meters will be free and without time limits.) 
  • Time-limited, non-metered parking areas (e.g., 30-minute, 1-hour, 2-hour, etc.)
  • Residential Permit Parking areas 
  • 72-hour parking limits (Residents and visitors can park their vehicles in one spot for more than 72 hours.) 
  • Large vehicle parking (People can park trucks and other vehicles more than 22’ in length on the street.) 
  • School bus loading zones 
  • Booting
  • Denver’s street sweeping program will begin April 1; however, the city will not enforce parking restrictions related to street sweeping for 30 days. People who are able to move their cars on street sweeping day are asked to do so to allow street sweepers to reach the curb line and more effectively sweep. 

4/10/20, property tax update: Mayor Michael B. Hancock is taking additional measures to provide property tax relief to business and residential property owners. Governor Jared Polis’ Executive Order #D 2020 031 authorizes county treasurers to extend the waiver of interest on late payment of property taxes through April 30, 2020. The action also allows property owners who had previously chosen to pay property taxes all at once to pay in installments.

Effective immediately, Denver will:

• Waive 100% of late payment interest through April 30, 2020 (original order was through April 20).
  • Property owners who have not yet paid the first installment of property taxes may now pay their first installment on or before April 30 with interest waived. The second installment is due June 15, 2020.
  • Property owners who intended to pay in full on April 30 may still do so or may now choose to pay in two installments. The first half is due April 30 and the remainder is due June 15, 2020.

Depending on the option selected, real property owners who do not pay either the first installment or their full property tax by April 30 will begin to accrue late interest at a 1% rate. Late payment interest for the second installment will not accrue until June 16, 2020.

Read more here.

Colorado Springs
Colorado Springs has implemented local relief efforts to assist small businesses within its jurisdiction. The Survive and Thrive COS fund is now accepting applications for recovery loans for eligible businesses, which will be disbursed through three monthly installments. There are no payments or interest the first year, and interest rates are tiered over the loan period to 1% the second year and 2% the third year.

To qualify, applicants must:

1. Be privately held for-profit and not-for-profit small businesses that maintain a place of business in El Paso County and are incorporated with the State of Colorado. Independently owned franchises qualify.
2. Employ the equivalent of 2 to 25 full-time employees.
3. Be a small business most impacted by the COVID-19 pandemic, including, but not limited to, the food industry, cafes, hair & nail salons, barbershops, home childcare providers and retail shops.
4. Be established businesses, and have filed with the Colorado Secretary of State prior to March 16, 2020, the commencement of the State of Colorado Public Health Closure Order.
5. Be able to demonstrate economic injury and a need for the loan and use of proceeds due to directly related economic injury caused by the designated disaster.

• National chains
• Businesses deriving more than one-third of gross annual revenue from legal gambling activities
• Businesses engaged in any illegal activity
• Marijuana (medical and recreational)
• Escort services
• Businesses that present live performances of an indecent sexual nature or derive revenue through the sale of products, services, or presentation of any depictions or displays of an indecent sexual nature

You can apply for a loan here. 

Arapahoe County Property Tax Relief
Businesses and individuals in Arapahoe County, who intended to pay their property taxes in one installment due April 30 now have the option of paying in two installments.  The first installment (one half of the total tax due) may be paid with no interest added if paid by April 20.  The second installment will then be due June 15. To take advantage of this relief, the tax payment must be made by check or cash, via mail or deposited in the secure drop box in front of the Arapahoe County Administrative Building at 5334 S. Prince Street in Littleton.  Online and over-the-phone payments do not qualify for the interest waiver.

For additional information, visit please www.arapahoegov.com or call the Arapahoe County Treasurer’s office at 303-795-4550.

Arvada Microloan Program
This loan fund can provide access to capital for businesses with primary locations within the Arvada city limits. The program is intended to bridge the gap for businesses which might eventually qualify for bank financing and prepare them for traditional bank relationships. Loan amounts may be up to $50,000. Business eligibility for the loans:

• At the time of application and throughout the term of the loan, a business must have its primary office/headquarters or operations within the city limits of Arvada. Home based businesses are not eligible.
• There are no restrictions on the type of business eligible for loans so long as the activities of the business are legal and in the best interest of the community. 
• A business must file all completed application information and meet program underwriting criteria established by Colorado Enterprise Fund.

You can apply for the program here or call to request an application at (303) 860-0242 or toll free at 1-888-554-5539.

Boulder Chamber of Commerce COVID-19 Small Business Relief Fund
The goal of the Small Business Relief Fund is to expedite financial support for temporary relief for small for-profit and nonprofit businesses facing unexpected expenses, which are extra challenging to cover during this period of business inactivity due to the COVID-19 response. Grants up to $2,500 per business will be available to meet these one-time needs. Applications must be submitted online by 5 p.m. on April 20. Eligibility requirements are:

• Grant applicants must be authorized representatives of small businesses defined as enterprises of between 2 - 50 employees, with principal place of business in the City of Boulder.
• Grant applicants must have experienced severe revenue loss and business distress due to COVID-19.

You can apply for the program here and read more about it here.

City of Brighton Relief Fund
The Brighton Economic Development Center team and Colorado Enterprise Fund have teamed up to establish a COVID Relief Loan Fund offering loans up to $25,000 with six-year terms. This loan product can be thought of as a bridge to get small businesses to larger resources. It is not intended to compete with the SBA CARES Act loans. ​

Eligibility Requirements: 

• Businesses must be licensed to operate in Brighton, in full compliance with all rules and regulations required by the City of Brighton, and be in good standing with the City of Brighton.
• Businesses must have been in existence before February 15, 2020, and have generated revenue during the fiscal year 2019.
• At the time of application and throughout the term of the loan, a business must have its primary office/headquarters or operations within the City of Brighton, Colorado.
• Home-based businesses are eligible.
• There are no other restrictions on the type of businesses eligible for loans so long as the activities of the business are legal and in the best interests of the community, however, cannabis businesses are ineligible. ​
• A business must file all standard Colorado Enterprise (CEF) application information and meet CEF's standard underwriting criteria for the type and size of the loan. 

You can apply for the program here and read more about it here.

City of Broomfield Enhance Broomfield Program
The City and County of Broomfield, in partnership with the Broomfield Community Foundation, are offering a one-time grant of up to $7,500 to help you weather the storm caused by COVID-19. These business-support grants are made to cover direct business expenses, including rent, wages, utilities, and supplies related to the continued operation of the business, with the employment level remaining at least at 50% of the February 2020 employment within 60-days of the business grant award. The program is intended to promote business success resulting in employee retention, business and tax revenues, and sustaining business activity. Limited funds are available.

You can apply for the program here and read more about it here.

City of Castle Rock COVID-19 Small Business Support Grant Application
City of Castle Rock is offering non-home-based Castle Rock businesses the opportunity to apply for a grant of up to $5,000. Town Council funded the program at $200,000, so assistance is available for at least 40 businesses.

Funding priority will given to small businesses – defined as those with 25 employees or less – that have frequent and/or close customer contacts, and whose business has been negatively and significantly impacted by stay-at-home orders required by the pandemic. Categories of priority businesses include storefront retail, restaurants/food shops, and personal care small businesses (barbers, hair and nail salons, etc.). Franchises located within Castle Rock and whose franchisees also reside within Town are eligible. Other small businesses will be considered for grants as funds are available, with lesser priority, if they meet program criteria. Ineligible businesses include liquor stores; auto- and construction-related businesses; regional businesses with more than five locations in Colorado; professional service businesses; and nonprofit organizations. To qualify, a business must have been operating in Castle Rock for a minimum of one year prior to making application. Preference will be given to businesses that collected and remitted Town sales tax during 2019.You can apply for the program here and read more about it here.

City of Fort Collins Sales Tax Deferment
The City of Fort Collins is allowing qualified businesses to defer sales tax payments for 60 days. Tax payments that are currently due on April 20 or May 20 will be extended to June 22; interest and penalties will also be waived for approved businesses. The 60-day deferral applies only to sales tax payments associated with filing dates during the months of March and April. Please note that all taxpayers are still required to file on-time monthly returns even if their payments are deferred.

You can apply for deferred payments here and read more about other business resources here.

City of Golden Business Rent/Mortgage Assistance Program 
The DDA has taken an initial step to provide one-time rent or mortgage assistance grants for April 2020 for downtown businesses most impacted by COVID-19. If you have a downtown business directly impacted by the pandemic and need assistance, please fill out and submit the online application. Please be sure to attach your lease or mortgage documents as requested in the application.You can apply for the program here and read more about it here.

City of Grand Junction Tax Deferment
The Grand Junction City Council approved Emergency Ordinance #4912 which will provide for an emergency refund of taxes collected in February 2020 which were paid to the City in March 2020.  The deferment needs to be paid back to the City on or before July 31, 2020. Between now and April 20, you can request a temporary refund of taxes already paid in March here. Between now and May 20, quarterly filers can also request a deferment of 1st quarter 2020 taxes using the same link. Any business owner who has not yet paid will also need to fill out the form to provide information on their sales and agree to the terms of the deferment.

If you have any further questions, please contact gjsalestax@gjcity.org or 970-244-1521. You can read more about the program here.

City of Lone Tree Modified Sign Standards
The City of Lone Tree has modified existing sign policies to allow local businesses additional advertising options due to rapidly changing circumstances related to COVID 19. The City has temporarily extended the existing free banner permit to allow banners to be displayed by businesses for more than the current limit of 60 days per year. Banners installed between March 18, 2020, and August 1, 2020, will not be counted toward the 60 day limit.

You can read more about the temporary change here.

City of Thornton 2020 Emergency Business Grants
The City of Thornton is offering emergency business grants up to $10,000 to eligible businesses. The minimum eligibility requirements are: 

• A commercial licensed business in Thornton with a current commercial lease agreement (lease agreement must be 1-year minimum commitment). 
• Business must have a designated workspace or private office space to be eligible. (Exclusions: non-profits, marijuana, liquor store businesses, residential living facilities and religious institutions.) 
• Located in non-residential zoning designations and not on public property.
• Business must have applied for their Thornton commercial business license on or before March 15, 2020.
• Business must be able to prove a minimum of 50% loss in revenue as a result of the COVID-19 crisis.
• Business must have been current on their sales tax with the City of Thornton as of December, 2019.

You can apply for the program here, and find more information here.

City of Westminster WestyRISE Business Grant Program
On April 6, 2020, all seven members of the Westminster City Council voted unanimously to support a $1.5 million small business relief fund to help qualifying businesses with rent and mortgage payments as a result of hardship from the COVID-19 pandemic. 

• Funds would come as a one-time grant that would equal the lesser of (i) 50 percent of each of two months’ rent or mortgage payments, or (ii) $7500.
• The grant program eligibility period includes the first two monthly rent or mortgage payments due between March 17 and May 30, 2020.
• Monthly rental payments eligible for the grant include monthly base rent and any rent-related expenses, such as common area maintenance or reimbursement for insurance, utilities, and taxes that may be a part of normal rent.
• Monthly mortgage payments eligible for the grant include principal and interest.
• Grants for eligible businesses will be awarded on a first come, first served basis subject to funding availability.
• Applications will only be accepted until May 30, 2020.

You can apply for the program here and read more about it here.

City of Wheat Ridge Small Business Stabilization Program
The City of Wheat Ridge City Council approved a new Small Business Stabilization Program providing a total of $250,000 in grants to small businesses in Wheat Ridge who have been significantly impacted due to the COVID-19 emergency. Each business is eligible for up to $5,000 of the $250,000 grant. The deadline for submission is Friday, April 17, 2020, at noon.You can apply for the program here and read more about it here.

• Don’t charge for parking meters so that people can more easily pick up food
• Call for rent and loan abatement for workers and restaurants/bars
• Consider loan programs for businesses to get through the state of emergency
• Waive penalties for late fillings of any kind from businesses
• Provide relief for renewal costs of any licensure during the state of emergency
• Ensure that staffing level are maintained for ALL departments interacting with businesses or their employees
• Consider delayed payment of fines for restaurant health code violations
• Quick refunds for overpayment of taxes
• Delay remittance of sales tax for restaurants during the state of emergency
• Suspend sales tax on “non-essential” paper goods sold to a restaurant (togo containers)