§ 25-ff. Definitions. When used in this article, the following terms
shall have the following meanings:

(a) "Aggregate employment shares" means the sum of all employment
shares maintained by an eligible business in a taxable year.

(b) "Eligible aggregate employment shares" means, in the case of an
eligible business, the amount, if any, of aggregate employment shares
maintained by an eligible business in eligible premises in the taxable
year in which such eligible business claims a credit pursuant to a local
law enacted in accordance with section twenty-five-gg of this article;
provided, however, that:

(1) such amount shall not exceed the lesser of:

(i) the number of aggregate employment shares maintained by such
eligible business in eligible premises in the taxable year during which
such eligible business relocates;

(ii) the maximum approved employment shares for such eligible
business; or

(iii) an amount equal to the product of multiplying the aggregate
employment shares and the linear scalar for such eligible business in
such tax year; and

(2) a full-time work week or part-time work week at eligible premises
prior to the date of relocation shall not be taken into account in
determining eligible aggregate employment shares.

(c) "Eligible business" means any person subject to a tax imposed
under a local law enacted pursuant to part two or three of section one,
or section two of chapter seven hundred seventy-two of the laws of
nineteen hundred sixty-six that:

(1) has been conducting substantial business operations at one or more
business locations outside of New York state for the twenty-four
consecutive months immediately preceding the taxable year during which
such eligible business relocates but has not maintained employment
shares at premises in New York state at any time during the period
beginning January first, two thousand twenty-five and ending on the date
such business enters into a lease or a contract to purchase the premises
that will qualify as eligible premises pursuant to this article; and

(2) on or after July first, two thousand twenty-five relocates all or
part of such business operations.

(d) "Eligible premises" means one or more non-residential premises
that consist of at least ten thousand square feet that are:

(1) wholly contained in real property located in a city with a
population of one million or more; and

(2) if contained in real property wholly located in the borough of
Manhattan, are premises for which final certificates of occupancy were
issued prior to January first, two thousand.

(e) "Employment share" means, for each employee, partner or sole
proprietor of an eligible business, the sum of: (1) the number of
full-time work weeks worked by such employee, partner or sole proprietor
during the eligible business's taxable year divided by the number of
weeks in the taxable year; and (2) the number of part-time work weeks
worked by such employee, partner or sole proprietor during the eligible
business's taxable year divided by an amount equal to twice the number
of weeks in the taxable year. Employment share shall not include
full-time or part-time work weeks attributable to employees, partners or
sole proprietors acquired by an eligible business as a result of a
merger with, acquisition of another person, or a transaction having a
comparable effect, that occurs after June thirtieth, two thousand
twenty-five, and before the end of the taxable year in which a credit is
claimed by such eligible business pursuant to a local law enacted in
accordance with section twenty-five-gg of this article, or to
successors, if any, to those employees, partners or sole proprietors.

(f) "Full-time work week" means a week during which at least
thirty-five hours of gainful work has been performed by an employee,
partner or sole proprietor.

(g) "Hotel services" means any services that consist predominately of
the lodging of guests at a building or a portion thereof that is
regularly used and kept open for such services. Hotel services shall
include the lodging of guests at an apartment hotel, a motel, boarding
house or club, whether or not meals are served.

(h) "Linear scalar" means, for an eligible business in a taxable year
in which a credit is claimed pursuant to a local law enacted in
accordance with section twenty-five-gg of this article, the quotient of
dividing the total square footage of an eligible premises by the product
of multiplying one hundred seventy-five by such business's aggregate
employment shares.

(i) "Maximum approved employment shares" means a limitation on the
aggregate employment shares that an eligible business may receive in any
taxable year determined by the mayor pursuant to a local law enacted in
accordance with section twenty-five-gg of this article based on
documentation submitted by such business demonstrating such business's
intention to relocate. The maximum approved employment shares is the
number of aggregate employment shares such business intends to relocate
as indicated by the mayor on the applicable initial certification of
eligibility.

(j) "Mayor" means the mayor of a city having a population of one
million or more, or an agency of such city as designated by such mayor.

(k) "Part-time work week" means a week during which at least fifteen
but less than thirty-five hours of gainful work has been performed by an
employee, partner or sole proprietor.

(l) "Person" includes any individual, partnership, association,
joint-stock company, corporation, estate or trust, limited liability
company, and any combination of the foregoing.

(m) "Program total" means the sum of maximum approved aggregate
employment shares included in all initial certification of eligibility
issued by the mayor.

(n) "Relocate" means, with respect to an eligible business, to
transfer a pre-existing business operation to an eligible premises, or
to establish a new business operation at such premises, provided that an
eligible business shall not be deemed to have relocated unless at least
one employee, partner or sole proprietor of the eligible business is
transferred to such premises from a pre-existing business operation
conducted outside the state of New York. The date of relocation shall be
the first day on which the individual so transferred commences work at
such eligible premises. The taxable year of relocation shall be the
taxable year in which the date of relocation occurs. For purposes of
this article, an eligible business may relocate only once but may add or
substitute other eligible premises throughout such period.

(o) "Retail activity" means any activity which consists predominately
of:

(1) the sale, other than through the mail or by the telephone or by
means of the internet, of tangible personal property to a person, for
any purpose unrelated to the trade or business of such person;

(2) the selling of a service to an individual which generally involves
the physical, mental or spiritual care of such individual;

(3) the physical care of the personal property of any person unrelated
to the trade or business of such person; or

(4) the provision of a retail banking service.