This comment is being offered because in past years, DHCD staff provided opinions regarding positions eligible for job creation grants that were not consistent with the Enterprise Zone regulations.   The Regulations at 13VAC5-112-280 make it clear that the ineligibility is based on the position, not the business.   What that means is that while retail positions are not eligible, there remain positions within a retail business that may be eligible.   The language in the Job Creation Grant Manual does not make that clear.

Here is an example.  A Walmart is primarily a retail business, and all Walmarts in Henrico County have a NAICS Code of 452311.  Walmarts however do hire employees in positions other than retail positions.  They also have mechanics, opticians, and other professionals.  And these  are all eligible jobs

The Manual uses the following wording for the exclusions:

“Positions in retail, personal service, or food and beverage services”   

The Manual  further defines positions in “retail” as “a business whose classification falls under sector 44-45 Retail Trade of the North American Industry Classification System (NAICS).”

This explanation suggests that a mechanic at Walmart is a position in retail, therefore ineligible.    This is not consistent with 13VAC5-112-280.

The reason this clarity is important is because past DHCD staff, based on this Manual language have told potential applicants that non-retail positions within a retail business are  ineligible, when the opposite is correct.