Columbus City Codes § 3901.01 Definition of terms.
3901.01 - Definition of terms.
For the purpose of Title 39, the following words, phrases and terms shall be defined as set forth below:
(A) "Commercially useful function" shall mean the performance of real and actual services in the discharge of any contractual endeavor. Services are real and actual if such services would be provided in the normal course of conducting business or trade activities. The contractor must perform a distinct element of work which the business has the skill and expertise as well as the responsibility of actually performing, managing and supervising.
(B) "Construction" shall have the same meaning as set forth in Chapter 329.
(C) "Contract" shall have the same meaning as set forth in Chapter 329.
(D) "Contracting agency" shall have the same meaning as set forth in Chapter 329.
(E) "Contractor" shall have the same meaning as set forth in Chapter 329.
(F) "Controlled" for purposes of determining whether a business is minority-owned or women-owned means the owner(s) shall:
1) Possess and exercise the legal authority and power to manage business assets, goodwill and daily operations of the business; and
2) Actively and continuously exercise such managerial authority and power in determining the policies and directing the operations of the business.
(G) "Diversity and Inclusion Code" means Title 39 of the Columbus City Codes.
(H) "Employee Stock Ownership Plan (ESOP") has the same meaning as that term is defined under 26 U.S.C. § 4975(e)(7).
(I) "Minority Group Members" shall mean Black or African Americans, Asian Americans, Hispanic Americans and Native Americans, that are eligible to do business or perform work in the state of Ohio.
1) Black or African American means all persons having origins in any of the black racial groups of Africa.
2) Native American means all persons who maintain culture and have origins in a federally recognized Indian tribe as listed in the current "Federal Register Notice of Indian Entities Recognized by and Eligible to Receive Services" from the U.S. Bureau of Indian Affairs.
3) Asian American means all persons having origins in any of the original people of the Far East, including China, Japan and Southeast Asia.
4) Hispanic American means all persons of Spanish or Portuguese culture with origins in Mexico, South or Central America or the Caribbean Islands, regardless of race.
(J) "Minority-Owned Business Enterprise (MBE)" shall mean a business which is not a subsidiary of another business and is an independent and continuing for profit operation, performing a commercially useful function, and is independently and directly owned, operated, and controlled by one or more eligible minority group members as defined by this code.
(K) "Owned" shall mean:
1) At least fifty-one percent (51%) of the business is independently and directly owned, operated, and controlled by individuals eligible to do business or perform work in the state of Ohio;
2) The ownership shall be real and continuing, and shall go beyond the mere indicia of ownership of the business reflected in the ownership document; and
3) The owner(s) shall enjoy the customary incidence of ownership and shall share in the risks and profits commensurate with their ownership interest, as demonstrated by an examination of the substance, rather than the form of ownership arrangements.
4) Ownership may not be through another business entity or trust (including through an Employee Stock Ownership Plan); and
5) Notwithstanding section (L)(4) of this division, ownership by a trust, such as a living trust, may be treated as the functional equivalent of ownership by a Minority Group Member or woman if the trust is revocable and the owner is the grantor, the trustee, and the sole current beneficiary of the trust.
(L) "Physical presence" means business operations that are conducted out of a building by at least one (1) full-time employee or full-time employee equivalent.
(M) "Program" means the supplier initiatives authorized by City Council pursuant to Section 3907.08 which entitle program members to receive benefits such as bid discounts and/or incentive credits in the City's supplier or procurement processes.
(N) "Program member" means a business certified as an MBE, SRBE, or WBE, as applicable, which may be eligible to receive benefits such as bid discounts and/or incentive credits in the City's supplier or procurement processes pursuant to City Council authorization of the applicable program under Section 3907.98.
(O) "Small Regional Business Enterprise (SRBE)" means an independently and directly owned, operated, and controlled for-profit business concern that has been certified by the Office of Diversity and Inclusion as having met the SRBE eligibility requirements as provided for in the Diversity and Inclusion Code and with a physical presence in one or more of the following counties: Delaware, Fairfield, Fayette, Franklin, Licking, Madison, Pickaway, or Union.
(P) "Veteran" shall mean a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable.
(Q) "Women-Owned Business Enterprise (WBE)" shall mean a business which is not a subsidiary of another business and is an independent and continuing for profit operation, performing a commercially useful function, and is independently and directly owned, operated, and controlled by one or more women that are eligible to do business or perform work in the state of Ohio.
(Ord. No. 2026-2021, § 1, 7-26-2021; Ord. No. 2700-2023, § 3, 12-4-2023; Ord. No. 2116-2025, § 1, 11-17-2025)