For the purpose of this Chapter, the following terms shall have the following respective definitions:

(1) Minority Person shall mean a person who is a citizen or lawful permanent resident of the United States and who is:

(a) Black (a person having origins in any of the black racial groups in Africa);

(b) Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race);

(c) Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands); or

(d) Native American (a person having origins in any of the original peoples of North America).[41]

(2) Female shall mean persons of the female gender.

(3) Minority Owned Business shall mean:

(a) a sole proprietorship where the sole proprietor is a minority person; or

(b) a business corporation where fifty-one percent (51%) of the interests in such corporation are beneficially owned by minority persons and minority persons occupy the majority of management and Board positions and control all decisions concerning the corporation; or

(c) a partnership where fifty-one percent (51%) of the partnership interests in such partnership are beneficially owned by minority persons and minority persons occupy the majority of management and partnership positions and control all decisions concerning the partnership; or

(d) any other business or professional entity where fifty-one percent (51%) of the interests are beneficially owned by minority persons and minority persons occupy the majority of management and Board positions and control all decisions concerning the entity.

(4) Female Owned Business shall mean:

(a) A sole proprietorship where the sole proprietor is a female; or

(b) A business corporation where fifty-one percent (51%) of the interests in such corporation are beneficially owned by females and females occupy the majority of management and Board positions and control all decisions concerning the corporation; or

(c) A partnership where fifty-one percent (51%) of the partnership interests in such partnership are owned by females and females occupy the majority of management and partnership positions and control all decisions concerning the entity; or

(d) Any other business or professional entity where fifty-one percent (51%) of the interests are owned by females and females occupy the majority of management and Board positions and control all decisions concerning the entity.

(5) Sheltered market shall mean a City-wide procurement system whereby certain contracts are selected and specifically set aside for Minority, Female or Disabled Owned Businesses or all such businesses on a competitive bid or negotiated basis.

(6) Types of City Contracts shall mean all City contracts, whether competitively bid or negotiated, according to the following classes:

(a) vending, to include material, equipment, services and supplies;
(b) construction; and

(c) personal and professional services.

(7) Agency shall mean any City of Philadelphia office, department, independent board or independent commission created by the Home Rule Charter and shall include the Council of the City of Philadelphia.

(8) Person shall mean a corporation, partnership or association, or any combination thereof, as well as a natural person.

(9) Small Business[42] shall mean a business which is independently owned and operated and which is not dominant in its field of operation as further defined in 13 Code of Federal Regulations, Part 121.3, incorporated herein, and made a part by reference. In addition to the foregoing criteria, the Minority Business Enterprise Council, may add additional standards relating to, among others, the following: Number of employees, dollar volume of business, and relevant standards as applied by the United States Small Business Administration of the Federal Government.

(10) Disadvantaged Business Enterprise, or "DBE" shall mean any small business:[43]

(a) which is at least 51 percent (51%) owned by one or more socially and economically disadvantaged individuals; or

(b) in the case of any publicly owned business, one in which at least 51 percent (51%) of the stock is owned by one or more socially and economically disadvantaged individuals.

Where a business has received more than five million dollars ($5,000,000.00) of contract work with the City under this Chapter, the Minority Business Enterprise Council shall make a rebuttable presumption that the concern is not a disadvantaged business enterprise, and any previous certification as a Disadvantaged Business Enterprise shall be re-evaluated pursuant to regulations to be promulgated by the MBEC.

(11) Socially and Economically Dis-advantaged Individuals[44] shall mean those individuals who have either been subjected to racial, sexual or ethnic prejudice because of their identity as a member of a group or differential treatment because of their disability without regard to their individual qualities, and whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business who are not socially disadvantaged,

(a) In determining who are socially and economically disadvantaged individuals, the Minority Business Enterprise Council may make a rebuttable presumption that all minority persons, all women and all disabled persons shall be so classified.

(b) The Minority Business Enterprise Council, in making said determination, shall also consider, among other things the extent of the liquid assets and net worth of such socially disadvantaged individuals.

(12) Disabled Person shall mean a person who has a physical or mental impairment which substantially limits one or more of his or her major life activities or has a record of such an impairment. Major life activities shall mean functions, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

(13) Disabled Owned Business shall mean:

(a) a sole proprietorship where the sole proprietor is a disabled person; or

(b) a business corporation where fifty-one percent (51%) of the interests in such corporation are beneficially owned by disabled persons and disabled persons occupy the majority of management and Board positions and control all decisions concerning the corporation; or

(c) a partnership where fifty-one percent (51%) of the partnership interests in such partnership are beneficially owned by disabled persons and disabled persons occupy the majority of management and partnership positions and control all decisions concerning the partnership; or

(d) any other business or professional entity where fifty-one percent (51%) of the interests are beneficially owned by disabled persons and disabled persons occupy the majority of management and Board positions and control all decisions concerning the entity.

(14) Quasi Public Agency[45] shall mean any board or commission to which the Mayor or the Council is entitled to an appointment; and any authority or quasi-public corporation that either:

(a) Receives appropriations from the City; or

(b) Has entered into a continuing contractual relationship[46] with the City; or

(c) Operates under legal authority granted to it by City ordinance.