Approval of regulatory bases for aid to nightlife establishments

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DECREE 29/2021, OF FEBRUARY 19, OF THE CONSELL, OF APPROVAL OF THE REGULATORY BASES AND OF DIRECT GRANTING OF AID TO INDIVIDUAL OR LEGAL PERSONS OPERATING PUBLIC NIGHT LEISURE ESTABLISHMENTS, BY COVID-19

Article 1. Purpose and scope

The purpose of this decree is to approve the regulatory bases and direct granting of aid to natural or legal persons operating public nightlife establishments in the Valencian Community, as well as the convocation of these in the terms and form indicated in the article 7 of this decree.

Article 2. Beneficiaries

Direct financial aid is established for natural or legal persons who, as of the start date of the application submission period established in article 7, section 3, of this decree, meet the following conditions:

1. Be natural or legal persons operating the public establishments that are listed in the following section. An operator shall be understood to be one who is engaged in the economic exploitation of nightlife activity in the public establishment subject to the subsidy, and may be the owner of the opening and activity license or, if this is not the case, owner, lessee or hold legal ownership of it by any valid title in law.

2. Exploit any of the following types of public nightlife establishments:

Premises typology A): pubs, singer cafes, concert cafes, theater cafes.

Premises typology B): discos, dance halls, party rooms.

Article 3. Compatibility of the aid

The receipt of this aid will be compatible with other subsidies, aid, income or resources from any national public or private administrations or entities, the European Union or international organizations, and granted for the same purpose provided for in this decree. This compatibility will be conditional on the amount of aid, alone or in concurrence with others, does not exceed the cost of the subsidized activity.

Article 4. Award procedure

1. These grants will be granted directly, in application of article 22.2.c of Law 38/2003, of November 17, general on subsidies.

Article 5. Requirements to be a beneficiary person or entity

1. Applicant persons or entities must meet, on the date of submission of their application, the conditions established in sections 1 and 2 of article 2 of this decree.

2. Likewise, on the date of submission of your application, the requesting persons or entities must meet the following requirements:

a) If the request for assistance is submitted by a natural person, this must be registered in the Special Regime for Self-Employed Social Security Workers (RETA), as well as in the Economic Activities Tax. In the case of not being subject to the RETA, you must justify it by providing the corresponding documentation.

b) If the application is submitted by a legal entity, it must be registered in the Economic Activities Census of the State Tax Administration Agency.

c) Prove that the status of operator of the activity object of the subsidy was held on August 17, 2020 and that this condition is maintained on the date of presentation of the aid application.

e) Comply with all that is established, and that is applicable to them, by Law 14/2010, of December 3, of the Generalitat, on public shows, recreational activities and public establishments, and other regulations on public shows, recreational activities and activities sociocultural that is applicable to them, especially:

- Have an opening license granted by the corresponding city council or with equivalent documentation for its operation, in accordance with the provisions of the aforementioned Law 14/2010, having to prove that the address of the activity license or responsible declaration coincides with the declaration census of the State Tax Administration Agency.

- That he has not been imposed a firm administrative sanction for breach of the regulations of public shows that prevents him from exercising the activity at any time between August 17, 2020 and the date on which the deadline for requesting the aid provided in this decree.

- That it has not been sanctioned by a final judgment for breach of the rules established for the control of the pandemic caused by Covid-19.

Article 6. Amount of aid and maximum global amount allocated to them

1. The amount of the aid will be the following:

a) For the beneficiary persons or entities corresponding to type A) indicated in section 2 of article 2 of this decree:

7,000.00 euros.

b) For beneficiary persons or entities corresponding to type B) indicated in section 2 of article 2 of this decree:

28,500.00 euros.

2. The maximum global amount of the aid that will be granted through this decree will be 8,000,000.00 euros, which will have the following breakdown by type of person or beneficiary entity:

2.1. For aid aimed at the beneficiary persons or entities corresponding to the typology A) indicated in section 2 of article 2 of this decree, a maximum global amount of 3,725,000.00 euros will be allocated.

2.2. For aid aimed at the beneficiary persons or entities corresponding to the typology B) indicated in section 2 of article 2 of this decree, a maximum global amount of 4,275,000.00 euros will be allocated.

Article 7. Term, form of presentation and number of applications

1. The deadline for submitting applications will begin at 12 noon on March 2, 2021 and will end at 12 noon on April 2, 2021.

2. Form of submission of applications

The presentation will be telematic and will require that the applicant have an advanced electronic signature, using any of the electronic signature systems admitted at the Generalitat's electronic headquarters:

https://sede.gva.es/es/sede_certificados.

Article 8. Documentation that must accompany the application

1. The forms to be submitted in the grant application process will be available at https://formulariosturisme.gva.es, from the start date of the application submission period.

These are the following:

- Direct help request form: mandatory document, completed and electronically signed from the platform https://formulariosturisme.gva.es.

- Responsible Declaration Form: mandatory document, completed and signed electronically from the platform https://formulariosturisme.gva.es, form that contains, among other aspects required in application of this decree, both a responsible declaration on other de minimis aid and on other aid received for the same eligible costs or with state aid for the same measure of risk financing.

- Form of model of direct debit of Turisme Comunitat Valenciana (standardized template), whose contribution is mandatory and must be downloaded from https://formulariosturisme.gva.es to complete and sign electronically.

- Representation form (standardized template), mandatory in case of granting the representation to carry out this procedure, which must be downloaded from https://formulariosturisme.gva.es to fill out and sign manually.

2. The presentation of the application entails the authorization to Turisme Comunitat Valenciana to collect, through the Autonomous Intermediation Platform (PAI) and other systems enabled for this purpose, unless expressly opposed by the person concerned, information on:

a) The identity of the applicant and, where appropriate, their representative.

b) Work life, in the event that the applicant is a self-employed worker or self-employed person, certified by the Social Security Treasury.

c) Compliance with the requirements of the beneficiaries.

Article 9. Instruction

3. The criteria for granting the subsidy, until the available credit is exhausted, will be that of the order of priority of the applications submitted, an order that will be determined by the time the application is submitted, within the terms established in section 1 of article 7 of this decree.

For these purposes, an application will not be considered correctly submitted, nor can the processing of it be started, if it is not accompanied by the documentation required in paragraph 1 of article 8 of this decree, and the requesting person or entity may correct ex officio said omission or to do so during the rectification process opened by the investigating body, in compliance with the provisions of articles 21 and 68 of Law 39/2015, of October 1, of the common administrative procedure of public administrations, only through the electronic process of submitting documents to an open aid file in Turisme Comunitat Valenciana, available at the web link:

https://www.gva.es/es/inicio/procedimientos?id_proc=20174

As a result of the foregoing, the date and time in which the application is considered complete will determine its position in the order of priority of the applications submitted.

Article 10. Resolution and resources

1. The resolution of the applications submitted corresponds to the person in charge of the Autonomous Secretariat of Tourism in his capacity as head of the Presidency of Turisme Comunitat Valenciana.

2. The concession resolution will determine the amount granted.

3. The term to resolve and notify the appropriate resolution it will be three months from the date of completion of the application submission period at the Turisme Comunitat Valenciana electronic office. After this period has elapsed without an express resolution having been issued and notified, administrative silence will occur and the request will be deemed rejected.

Article 11. Means of notification

The concession or denial resolution will be notified to the requesting person or entity in the terms provided in Law 39/2015, of October 1, on the common administrative procedure of public administrations, published on the institutional website of Turisme Comunitat Valenciana, at the section corresponding to the 2021 aid.

Article 12. Form of payment

The settlement and payment of the aid will be made once the fulfillment of the requirements has been justified with the documentation submitted together with the application and the corresponding concession resolution has been approved. The amount of the aid will be released in one go after the concession resolution is issued.

Article 13. Obligations of the beneficiaries

In addition to the provisions of Article 14 of the General Subsidies Law, the following are obligations of the beneficiaries:

a) To allocate the aid received to cover working capital and labor expenses of the activity carried out by the requesting person or entity or those that have had or have to assume as a result of the suspension of the activity motivated by the restrictions applied due to the pandemic caused by Covid-19. These expenses must have been incurred from January 1 to December 31, 2021 and they will have to be justified by the person or entity receiving the aid, upon request from Turisme Comunitat Valenciana.

b) Maintain the economic activity that is the object of the subsidy for six months from the notification of the resolution granting the aid, an aspect that will be accredited to Turisme Comunitat Valenciana in the following way:

- In the event that the person or entity receiving the aid is a self-employed person, it must be registered in the Special Regime for Self-Employed Workers (RETA) on the date indicated above, as well as account for the collection of the subsidy to through a specific accounting code. In the case of not being subject to the RETA, you must justify it by providing the corresponding documentation.

- In the event that the person or entity receiving the aid is a legal person, it must be registered in the Census of economic activities of the State Tax Administration Agency on the date indicated above.

c) Provide as many data and information, in matters related to the aid granted, are required by Turisme Comunitat Valenciana.

d) Notify Turisme Comunitat Valenciana of the request or obtaining of other subsidies or aid for the same purpose, as well as any incidence or variation that occurs in relation to the subsidy granted.

g) The supporting documentation (including electronic documents) must be kept for a period of three years from December 31 following the presentation of the accounts in which the definitive expenses of the operation are included, as defined in article 140.1 of Regulation (EU) no. 1303/2013, of the European Parliament and of the Council, of December 17, 2013.

 

Competition law

1. These aids are subject to the de minimis regime established in Regulation (EU) No. 1407/2013, of the Commission, of December 18, 2013, regarding the application of articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid, published in OJ L352, of December 24, 2013, modified by Commission Regulation (EU) 2020/972, of July 2, 2020, published in DOUE L215 of July 7, 2020, which extends its validity until December 31, 2023.

2. The application of this scheme means that the total amount of de minimis aid granted to a single company (the sole company shall be understood as defined as such in Article 2 (2) of Regulation (EU) No. 1407/2013, of the Commission) will not exceed 200,000.00 euros during any period of three fiscal years.

Effects edit

This decree will take effect from the day following its publication in the Official Gazette of the Generalitat Valenciana.