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MINORITY AND WOMEN'S 6USINESS ENTERPRISES 4.18.010 <br />customary incidents of ownership and shall share in the risks and profits <br />commensurate with their ownership interests, as demonstrated by an examination <br />of the substance, rather than the form, of arrangements. <br />2. Control over management, interest in capital, interest in profit or <br />loss and contributions to capital, equipment and expertise on which the claim <br />of minority -owned status under this chapter is based. The minority owners <br />must possess and exercise the legal power to direct the management and <br />policies of the business and to make day -to -day as well as major decisions on <br />matters of management, policy, and operations. If the owners of the business <br />who are not minorities are disproportionately responsible for the operation of <br />the business, then the business is not controlled by minorities. The business <br />must be owned, controlled, and managed on a day -to -day, full -time basis by the <br />minority owner(s). The requirements of this subsection S.2. shall not apply, <br />if the minority business qualifies as a corporate sponsored dealership under <br />the provisions of WAC 326 -02 -030. <br />3. Ownership and control shall be measured as though not subject to <br />the community property interest of a spouse if both spouses certify that: <br />a. Only one spouse participates in the management of the business; <br />b. The nonparticipating spouse relinquishes control over his /her <br />community property interest in the subject business. <br />T. <br />Minority <br />business <br />"Minority Business" means a business certified by the <br />and Women's Businesses of the State of Washington as <br />enterprise which is legitimately owned and controlled by <br />person or persons as defined in this section and which has previously sought <br />to do business in King County. The director is authorized to determine that <br />specific racial groups have not been discriminated against in their ownership <br />and /or operation of particular trades or areas of business in King County. <br />The director may exclude such businesses from consideration as "minority <br />businesses" under this chapter, in connection with contracts involving such <br />trades or areas of business, as provided in Section 4.18.080 of this chapter. <br />U. "Minority or Minorities" means a person who is a citizen of the <br />United States and who is a member of one or more of the following historically <br />disadvantaged racial groups: <br />1. Black or African American: Having origins in any of the Black <br />racial groups of Africa; <br />2. Hispanic: Of Mexican, Puerto Rican, Cuban, or Central or South <br />American culture or origin; <br />3. Asian American: Having origins in any of the original peoples of <br />the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands; <br />or <br />4. American Indian or Alaskan Native: Having origins in any of the <br />original peoples of North America. <br />The director shall have discretion to make a final decision as to whether <br />an individual is a minority. <br />V. "Nonprofit Corporation" shall mean a corporation organized pursuant <br />to R.C.W. Ch. 24.03. In the case of nonprofit corporations organized under <br />the laws of a state other than Washington, a nonprofit corporation shall mean <br />one organized for one or more of the purposes set <br />and meeting the definitions in R.C.W. 24.03.005. <br />W. "Pass- Through" means buying or obtaining <br />business, non minority business or non combination <br />forth <br />goods <br />Office of <br />a minority <br />a minority <br />in R.C.W. 24.03.015 <br />from a non women's <br />women /minority business, <br />and reselling or transferring those goods to the county, county contractors or <br />other persons doing business with the county for the purpose of obtaining any <br />advantage or benefit conferred under this chapter, without performing a <br />commercially useful function. <br />X. "Percentage Factor" shall mean the special ranking factors <br />145 -3 (King County 12 -94) <br />