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HOSPITALITY LOSS

RELIEF PROGRAM

ABOUT THE PROGRAM

Pandemic relief for Wyoming hospitality businesses whose operations were interrupted by the reduced hours provisions in recent health orders.

  • Timing:  Opens December 10, 2020; Closed December 16, 2020, at 5 p.m.

    • Funding decisions will be announced via email to applicants no later than December 18 at 5 p.m.

  • Funding: Up to $50,000; Cannot apply more than one time

  • Eligible Entities: Any bar, tavern, restaurant, or hotel deriving its primary revenues between the hours of 10:00 p.m. and 5:00 a.m. from the on-premises sale and consumption of malt beverages, wine, and/or liquor

  • Eligible time frame: December 9 to 30, 2020 

APPLICANT ELIGIBILITY 

  • Established on or before December 1, 2020 

  • Independently owned and operated

  • As of December 1, 2020, had at least one full-time employee or more 

  • Headquartered in Wyoming as of December 9, 2020, and be a licensee in good standing of the Wyoming Department of Revenue Liquor Division

  • Brew Pubs, Breweries, Distilleries, and/or Vineyards are eligible to apply subject to the criteria above but may apply only for losses associated with on-premise sales and consumption of malt beverage, wine, and/or liquor in their own bars or tasting rooms, whether on- or off-site

  • Non-profits of any type are eligible to apply under this program, subject to the other eligibility criteria

AWARD CALCULATIONS

Awards under the Hospitality Loss Relief Program will be calculated based on the following information. Applicants should collect this information and use the calculation worksheet below to prepare their application.

  • Estimated Average Liquor Costs: The average cost to the eligible business of malt beverage, wine, and/or liquor sold for on-site consumption

    • Between the hours of 10:00 p.m. and 5:00 a.m.; or

    • Between the hours of 10:00 p.m. and the eligible business’ customary closing time, particularly where earlier closure is required by local law or ordinance;

    • This cost shall be determined based on business records for December 2019, if available; otherwise, this cost shall be determined according to the most recent month for which accurate business figures are available.

  • Payroll costs: Total costs for wages/salary, benefits, and state and federal payroll taxes paid by an eligible business for employee labor between the hours of 10:00 p.m. and 5 a.m.

  • Sales Revenue: Average business revenues derived from the sale for on-site consumption of malt beverage, wine, and/or liquor

    • Between the hours of 10:00 p.m. and 5:00 a.m.; or

    • Between the hours of 10:00 p.m. and the eligible business' customary closing time, particularly where earlier closure is required by local law or ordinance;

    • Revenues shall be determined based on business records for December 2019, if available; otherwise, revenues shall be determined according to the most recent month for which accurate business figures are available.

  • Special Event Revenue: The total revenues derived from the sale of malt beverage, wine, and/or liquor for on-site consumption by parties or similar special group events held between the hours of 10:00 p.m. and 5:00 a.m. which will not be realized as a result of the Eighteenth Continuation, and which are entirely distinct from the Eligible Business’
    regular sales revenue

    • Special event revenue shall be calculated by comparing against business records from December 2019, where available; otherwise, this figure shall be the total of all written catering/sales agreements actually canceled as of the date of application for the time period December 9, 2020, to December 30, 2020;

    • Under no circumstances should the “Special event revenues” duplicate in any way the amounts provided under “Sales revenue;”

    • The Council may request additional documentation to justify amounts reported as Special event revenue at its sole discretion.

  • Estimated Tips: The average anticipated gratuities earned by employees of eligible businesses that will not be realized as a result of the health order; this figure shall be calculated as Payroll costs multiplied by 0.35.

CALCULATION WORKSHEET

Use this worksheet to help you calculate your Hospitality Loss Relief Program award amount. Once you download the worksheet, click on "Enable Editing" to be able to enter your figures.

VIDEO TUTORIAL

We've created a helpful video tutorial to walk you through the Hospitality Loss Relief Program application. Click on the link below to view the video.

CONTACT INFORMATION

Contact the following individuals and organizations for questions regarding the Hospitality Loss Relief Program:

 

Applicants also may contact the WBC Regional Director in their area for assistance or email at wbc.hospitality@wyo.gov.

FREQUENTLY ASKED QUESTIONS

Are non-profits eligible to apply?


Yes, non-profits who meet the eligibility criteria for all other businesses are eligible to apply for this program.




What information is required to apply?


Applicants must provide their name, taxpayer ID number (either EIN or SSN), physical and mailing address information, contact information, and several specific inputs from their business records either A) from December 2019 (preferred), OR B) from the most-recent month for which business records are available. Those inputs include:

  • Estimated Average Liquor Costs: Also known as a “pour cost,” this figure represents the total cost to the business of all malt beverage, wine and/or liquor sold between the hours of 10:00 p.m. and 5:00 a.m. (or the business’ customary closing time, whichever is earlier).
  • Payroll Costs: This is the sum total of wages/salary, benefits, and state and federal payroll taxes incurred between the hours of 10:00 p.m. and 5:00 a.m. (or the business’ customary closing time, whichever is earlier). Payroll Costs are not directly compensable under this program, but are used to calculate Estimated Tips.
  • Sales Revenue: Also known as “gross receipts,” this figure represents total sales for on-site consumption of malt beverage, wine and/or liquor to between the hours of 10:00 p.m. and 5:00 a.m. (or the business’ customary closing time, whichever is earlier).
  • Special Event Revenue: This is the total revenue derived from the sale for on-site consumption of malt beverage, wine and/or liquor by parties or special group events held between the hours of 10:00 p.m. and 5:00 a.m. (or the business’ customary closing time, whichever is earlier). “Special Event Revenue” differs from “Sales Revenue” in that such sales are memorialized in written sales/catering agreements with a specific group instead of general regular open sales. Special Event Revenue must never duplicate the amounts provided under “Sales Revenue.”
  • In the event the applicant does not have business records from December 2019, an applicant may claim only losses from written sales/catering agreements actually canceled as of the date of application, and only for the period December 9, 2020 to December 30, 2020.
  • Estimated Tips: This is a figure calculated by multiplying Payroll Costs by 0.35. Applicants using the Calculation Worksheet will discover the form calculates this number automatically.




What is the “Actual Reimbursement Claim?”


The Actual Reimbursement Claim is the final amount for which you are applying. It is calculated by multiplying the Loss Reimbursement Base by 0.68 to pro-rate monthly losses according to the December 9 to December 30 covered loss window. Applicants using the Calculation Worksheet will discover the form calculates this number automatically.




What constitutes a “full time employee?”


A full-time employee is any employee who works at least thirty (30) hours each week. Applicants must have had at least one full-time employee as of December 1, 2020 to be eligible. The full-time employee count may include the business owner.




Will these funds have to be paid back?


No, these are grants that will not have to be paid back. However, this is considered taxable income and you will be required to report it on your 2020 tax return.




Who can I contact for help?


Various partners are available to assist you in completing your application:

Applicants may also contact the WBC Regional Director in their area for assistance or call our toll-free hotline at 1-877-257-7844 (live assistance available Monday-Friday, 10 a.m. to 2 p.m., through December 16).




Are government entities eligible?


No. Eligible businesses must be independently owned and operated. Non-profits are eligible to apply subject to other eligibility criteria.




Can I apply multiple times?


No. Each business may apply only one time and the maximum award is $50,000. Applicants who are suspected of utilizing multiple EINs or SSNs to receive funding for which they are not eligible will have all applications rejected.




I received funding from previous Business Relief Program funds (Interruption, Relief, Mitigation, Endurance or Agriculture). Am I also eligible for this program?


Yes, provided you meet the other program eligibility requirements. You do not need to report any BRP funds received on your Hospitality Loss Relief Program application or Calculation Worksheet.




How do I apply?


Applications must be completed and submitted online using the Google Form availalbe on this website or at this link. A calculation worksheet and video tutorial also are available to help you with your fund calcuations and application submission.




How do I know my application was submitted?


The application form will display a confirmation on your screen after you complete all fields and click “submit” at the bottom of page 3 of the application. You may save or print this screen for your records.




If my application is approved, when and how will I receive my funds?


Applications will be reviewed on a first-come, first-served basis until funds are exhausted or until the program closes on December 16, whichever occurs first. The WBC will transmit payment information to the State Auditor’s Office by close of business on Friday, December 18. Most applicants will receive payment in 7-10 days after receipt by the State Auditor. Payments will either be sent by Electronic Funds Transfer (EFT) for any business in the state's vendor management system or a paper check sent via mail.




If my application is rejected, is there any opportunity for appeal?


No. Due to the very tight timelines of the program and the CARES Act funds, applications which are rejected or denied are not eligible for appeal. The accept or decline/reject determination of the Wyoming Business Council is considered final.




Will I be audited if I receive funding?


All applicants are subject to auditing at the discretion of the Wyoming Business Council. In accepting funds, awardees specifically agree to fully cooperate in any such audits.




Is there a minimum or maximum number of full-time employees required to apply for the Hospitality Loss Relief Program?


Eligible businesses must have had at least one full-time employee as of December 1, 2020. A full-time employee is any employee who works at least thirty (30) hours per week, and may include the owner/proprietor only where this business is their primary source of income.




What CARES Act funds do I need to include in my application?


Other CARES Act funds received do not need to be reported on this application; however, applicants must not apply for losses already compensated under a Paycheck Protection Program (PPP) and/or Economic Impact Disaster Loan (EIDL) Advance or any other forgivable loan issued by the Small Business Administration.




How will I hear from the State of Wyoming about my application?


Determinations on funding will be announced by 5:00 p.m. on Friday, December 18. Applicants will be notified by email on the approval or denial of their application. Denied applications are considered final and are not eligible for appeal.




What businesses are eligible to apply?


Eligible businesses include bars, taverns, restaurants or hotels that derive their primary revenues between the hours of 10:00 p.m. and 5:00 a.m. from the sale for on-site consumption of malt beverage, wine, and/or liquor. Eligible businesses must have been established on or before December 1, 2020, must be independently owned and operated, must have their principal place of business in Wyoming and be a licensee in good standing of the Wyoming Department of Revenue Liquor Division, and must have had at least one (1) full-time employee as of December 1, 2020. Brew pubs, breweries, distilleries, and vineyards are eligible to apply subject to the criteria above, but may claim only those losses associated with sales for on-site consumption of malt beverage, wine and/or liquor in their own bars or tasting rooms, whether on- or off-site.




What is the “Loss Reimbursement Base?”


The Loss Reimbursement Base is a calculation of total anticipated losses for an entire month. It is calculated by adding Sales Revenue, Special Event Revenue, and Estimated Tips, and subtracting Estimated Average Liquor Costs. Applicants using the Calculation Worksheet will discover the form calculates this number automatically.




When do these funds need to be spent, what can they be spent on and will reporting be required?


These funds may be used only to compensate for certain revenue losses and estimated tips of Eligible Businesses associated with the early closure provisions of the Eighteenth Continuation and Modification of Public Health Order #1 effective December 9, 2020.

In accepting these funds, businesses specifically agree to continue to employ and pay their employees who would otherwise be working during curfew hours, inclusive of estimated tips.




Are these grant awards considered taxable income?


Yes, any funds received through the State of Wyoming's allocation from the CARES Act are considered taxable income and will need to be claimed on your 2020 tax return. The State Auditor’s Office will issue all fund recipients a 1099 Form for “Miscellaneous Income“.




Is the information in my application a matter of public record?


Per the Wyoming Attorney General, all data entered into a Hospitality Loss Relief Program application is subject to disclosure under the Wyoming Public Records Act with the sole exception of a Social Security Number. A disclosure about the Wyoming Public Records Act appears within the certifications language when each applicant completes their application. Additionally, all businesses receiving funding under the Hospitality Loss Relief Program will be listed on the State Auditor's Office's transparency website at wyopen.gov




Why is the deadline December 30 instead of December 31, or even January 8 like the health orders?


The December 30 deadline is imposed by the federal CARES Act which is the source of program funds, and does not permit reimbursement of losses or expenditures beyond that date.




Must I continue to pay my employees during curfew hours?


Yes. By accepting funds under this program, applicants agree to continue paying wages/salaries and estimated tips to all employees who would otherwise have been working during curfew hours.




Can I include other revenue in my application, such as regular food and beverage, room nights, or rental revenue?


No. The only revenue losses which may be claimed under this program are lost revenues associated specifically with the sale for on-site consumption of malt beverage, wine and/or liquor.