§ 28-13. Definitions.

(a) In general.

In this chapter, the following terms have the meanings indicated unless the context clearly requires a different meaning.

(b) African American.

"African American" means a U.S. citizen or lawfully admitted permanent resident who originates from any of the black racial groups of Africa.

"Asian American" means a U.S. citizen or lawfully admitted permanent resident who originates from the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands.

(d) Certified business enterprise.

"Certified business enterprise" means a minority or women's business enterprise that has been certified by the Minority and Women's Business Opportunity Office as meeting the criteria for certification under this chapter.

(e) Control.

(1) "Control", for purposes of determining whether a business is a minority business enterprise or women's business enterprise, means that the minority-group member owners or women owners:

(i) possess and exercise the legal authority and power to manage business assets, goodwill, and daily operations of the business; and

(ii) actively and continuously exercise this managerial authority and power in determining the policies and directing the operations of the business.

(2) If owners who are not minority-group members or women are responsible for the operation of the business out of proportion to their ownership interest, then the business is not controlled by minority-group members or women.

(f) Hispanic American.

"Hispanic American" means a U.S. citizen or lawfully admitted permanent resident of Mexican, Puerto Rican, Cuban, Central American, South American, or other Spanish or Portuguese culture or origin, regardless of race.

(g) Minority business enterprise; MBE.

"Minority business enterprise" or "MBE" means a business enterprise:

(1) that is owned, operated, and controlled by 1 or more minority-group members who have at least 51% ownership;

(2) in which the minority-group members have day-to-day operational and managerial control, interest in capital, and risks and earnings commensurate with their percentage of ownership; and

(3) that is located in the Baltimore City Market Area.

(h) Minority-group member.

"Minority-group member" means a member of a minority group, such as African American, Hispanic American, Asian American, or Native American, for which a utilization disparity has been identified.

(i) Native American.

"Native American" means a U.S. citizen or lawfully admitted permanent resident who originates from any of the original peoples of North America and who maintains cultural identification through tribal affiliation or other suitable authority in the community.

(j) Owned.

"Owned", for purposes of determining whether a business is a minority business enterprise or women's business enterprise, means that:

(1) the minority-group member or female owner, as the context requires, possesses an ownership interest of at least 51% of the business;

(2) this ownership is real and continuing and goes beyond the mere indicia of ownership reflected in the ownership documents; and

(3) the minority-group member or woman owner enjoys the customary incidents of ownership and shares in the risks and profits commensurate with his or her ownership interests, as demonstrated by an examination of the substance, rather than the form of ownership arrangements.

(k) Women's business enterprise; WBE.

"Women's business enterprise" or "WBE" means a business enterprise:

(1) that is owned, operated, and controlled by 1 or more women who have 51% ownership;

(2) in which the women have day-to-day operational and managerial control, interest in capital, and risk and earnings commensurate with their percentage of ownership; and

(3) that is located in the Baltimore City Market Area.