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7.B. -Page 12 of 17 <br />Thousand Dollars ($2,500,000) for the 2019 calendar year. This <br />$2,500,000 figure shall be prorated in the case of a Commercial <br />Tenant that was not operating for the entire 2019 calendar year. <br />(Solely by way of example, a business that operated for only six <br />months of 2019 with Gross Receipts that exceeded $1,250,000 does <br />not qualify as a Commercial Tenant.) For a Commercial Tenant that <br />began operating after the 2019 calendar year but before the adoption <br />of this Ordinance, this $2,500,000 annual Gross Receipt figure shall be <br />prorated for the period of time that the Commercial Tenant had been <br />operating prior to the adoption of this Ordinance. (Again, solely by way <br />of example, in order to qualify as a Commercial Tenant, a business <br />that began operating in January 2020 and operated for only three <br />months before adoption of this Ordinance cannot have Gross Receipts <br />that exceed $625,000 in those three months); <br />(f) "Gross Receipts" shall have the same meaning as set forth in Section <br />6012 of the Revenue & Taxation Code. <br />SECTION 4. TEMPORARY MORATORIUM IMPOSED. <br />From and after the date of adoption of this Ordinance, a temporary moratorium <br />on evictions of Commercial Tenants for non-payment of Rent directly caused by <br />COVID-19, as set forth below in Section 5, is hereby established and imposed. The <br />term of this temporary moratorium shall be from the date of adoption until May 31, 2020 <br />("Term"), unless extended or replaced by an affirmative vote of the Board. <br />SECTION 5. PROHIBITED CONDUCT DURING MORATORIUM. <br />(a) During the Term of this Ordinance and any subsequent extensions of <br />the Term adopted by the Board, an Owner of Commercial Real <br />Property shall not recover possession of the Commercial Real Property <br />from a Commercial Tenant for failure to pay Rent if the Commercial <br />Tenant demonstrates that the failure to pay full Rent when due is <br />directly related to a decrease in net business income that results from <br />the COVID-19 pandemic or any federal, state or local government <br />response to the COVID-19 pandemic. <br />233 <br />