Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
APOLLO THEATER FOUNDATION INC
Employer identification number
13-3630066
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) a person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the the supported organization?
................
11g(i)
(ii)
a family member of a person described in (i) above?
......................
11g(ii)
(iii)
a 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of support?
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 2
Part II
Support Schedule for Organizations Described in IRC 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3..
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
6
Public Support. Subtract line 5 from line 4.
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
7
Amounts from line 4..
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
11
Total support (Add lines 7 through 10).
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
13
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here..........................................
Section C. Computation of Public Support Percentage
14
Public Support Percentage for 2010 (line 6 column (f) divided by line 11 column (f))
.........
14
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2010.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
......................
b
33 1/3% support test—2009.
If the organization did not check the box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2010.
If the organization did not check a box on line 13, 16a, or 16b and line 14
is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported
organization
..................................................
b
10%-facts-and-circumstances test—2009.
If the organization did not check a box on line 13, 16a, 16b, or 17a and line
15 is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported organization
..............................................
18
Private Foundation
If the organization did not check a box on line 13, 16a, 16b, 17a or 17b, check this box and see
instructions
...................................................
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 3
Part III
Support Schedule for Organizations Described in IRC 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
7,539,831
7,774,026
6,120,780
9,238,801
9,649,988
40,323,426
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
4,636,673
5,687,162
3,552,975
3,480,471
3,058,593
20,415,874
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
12,176,504
13,461,188
9,673,755
12,719,272
12,708,581
60,739,300
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
123,000
315,000
296,000
320,500
571,776
1,626,276
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
1,969,816
534,701
882,654
825,322
53,865
4,266,358
c
Add lines 7a and 7b..
2,092,816
849,701
1,178,654
1,145,822
625,641
5,892,634
8
Public Support (Subtract line 7c from line 6.)
54,846,666
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
9
Amounts from line 6...
12,176,504
13,461,188
9,673,755
12,719,272
12,708,581
60,739,300
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
1,082,015
1,288,404
1,159,340
1,390,158
1,807,071
6,726,988
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
1,082,015
1,288,404
1,159,340
1,390,158
1,807,071
6,726,988
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
32,000
32,000
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
156,052
8,107
16,338
13,772
22,621
216,890
13
Total support (Add lines 9, 10c, 11 and 12.).
13,446,571
14,757,699
10,849,433
14,123,202
14,538,273
67,715,178
14
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public Support Percentage for 2010 (line 8 column (f) divided by line 13 column (f))
.........
15
81.000 %
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
83.470 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
9.930 %
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
6.570 %
19a
33 1/3% support tests—2010.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3% and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
..........
b
33 1/3% support tests—2009.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
....
20
Private Foundation
If the organization did not check a box on line 14, 19a or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 4
Part IV
Supplemental Information.
Supplemental Information. Complete this part to provide the explanation required by Part II, line 10; Part II, line 17a or 17b; or Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
APOLLO THEATER FOUNDATION INC
Employer identification number
13-3630066
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION B, LINE 11
PRIOR TO FILING THE 990, THE 1ST REVIEW IS CONDUCTED BY THE AUDIT COMMITTEE OF THE BOARD OF DIRECTORS AND SUBSEQUENTLY PRESENTED TO THE BOARD OF DIRECTORS FOR A FINAL REVIEW AND APPROVAL. THE INDEPENDENT AUDITOR PRESENTS THE 990 TO THE AUDIT COMMITTEE OF THE BOARD OF DIRECTORS AND BOARD OF DIRECTORS ADDRESSES ANY QUESTIONS AND CONCERNS. UPON APPROVAL OF THE 990 BY THE BOARD OF DIRECTORS, THE 990 IS FILED WITH THE INTERNAL REVENUE SERVICE.
FORM 990, PART VI, SECTION B, LINE 12C
DISCLOSURE OF CONFLICT. AN INTERESTED PERSON MUST DISCLOSE ORALLY OR IN WRITING THE EXISTENCE OF HIS OR HER INTEREST AND ALL MATERIAL FACTS RELATED TO AN ACTUAL OR POTENTIAL CONFLICT OF INTEREST TO DIRECTORS AND/OR MEMBERS OF COMMITTEES AUTHORIZING A PROPOSED CONTRACT OR OTHER TRANSACTION INVOLVING SUCH CONFLICT OF INTEREST. IF A CONTRACT OR TRANSACTION IS NOT BEING CONSIDERED BY THE BOARD OR A COMMITTEE, THE REQUIRED DISCLOSURE MUST BE MADE TO THE CHAIRMAN OF THE BOARD, CHAIRMAN OF THE AUDIT COMMITTEE, SECRETARY OR THE CHAIRMAN'S DESIGNEE, WHO SHALL, SUBJECT TO THE DISCRETION OF THE CHAIRMAN (WHERE THE INTERESTED PERSON IS NOT THE CHAIRMAN), DISCLOSE SUCH POTENTIAL CONFLICT OF INTEREST TO THE BOARD OF DIRECTORS OR THE AUDIT COMMITTEE. 2.REFRAIN FROM ACTION. UNTIL A PROPOSED CONTRACT OR OTHER TRANSACTION INVOLVING A CONFLICT OF INTEREST HAS BEEN VOTED UPON BY THE BOARD OR A COMMITTEE IN ACCORDANCE WITH THIS POLICY, AN INTERESTED PERSON SHALL REFRAIN FROM ANY ACTION THAT MIGHT AFFECT THE FOUNDATION'S PARTICIPATION IN ANY CONTRACT OR TRANSACTION AFFECTED BY SUCH CONFLICT OF INTEREST. SUCH ACTIONS MAY, BUT NEED NOT, INCLUDE REQUIRING AN INTERESTED PERSON OR FAMILY MEMBER TO RESIGN FROM THEIR CURRENT POSITION BEFORE THE PROPOSED CONTRACT OR OTHER TRANSACTION INVOLVING A CONFLICT OF INTEREST HAS BEEN VOTED UPON BY THE BOARD OR A COMMITTEE IN ACCORDANCE WITH THIS POLICY. 3.RECUSAL. AFTER DISCLOSURE OF THE CONFLICT OF INTEREST AND ALL MATERIAL FACTS, AND AFTER THE INTERESTED PERSON RESPONDS TO ANY QUESTIONS THAT THE BOARD OR COMMITTEE MAY HAVE REGARDING THE CONFLICT OF INTEREST, THE INTERESTED PERSON MAY PARTICIPATE IN THE INFORMATION-GATHERING STAGE OF THE BOARD'S OR COMMITTEE'S DISCUSSION BUT SHALL RETIRE FROM THE ROOM OR TELECONFERENCE IN WHICH THE BOARD OR COMMITTEE IS MEETING AND SHALL NOT PARTICIPATE IN THE FINAL DELIBERATION OR DECISION REGARDING SUCH CONTRACT OR OTHER TRANSACTION. AN INTERESTED PERSON MAY NOT VOTE ON THE CONTRACT OR TRANSACTION TO WHICH THE CONFLICT OF INTEREST RELATES, BUT MAY BE COUNTED IN DETERMINING THE PRESENCE OF A QUORUM AT THE MEETING OF THE BOARD OR COMMITTEE THAT AUTHORIZES SUCH CONTRACTS OR TRANSACTIONS. 4.DETERMINATION OF CONFLICT. THE BOARD OR COMMITTEE SHALL DETERMINE BY A MAJORITY VOTE OF THE DISINTERESTED DIRECTORS WHETHER A CONFLICT OF INTEREST EXISTS AND, IF SO, WHETHER THE FOUNDATION SHOULD NONETHELESS ENTER INTO THE CONTRACT OR TRANSACTION BECAUSE IT IS IN THE FOUNDATION'S BEST INTEREST. IF APPROPRIATE, THE CHAIRMAN OF THE BOARD OR THE COMMITTEE CONSIDERING THE MATTER MAY APPOINT A DISINTERESTED PERSON OR COMMITTEE TO INVESTIGATE ALTERNATIVES TO A PROPOSED CONTRACT OR TRANSACTION. 5.RECORD KEEPING. THE MINUTES OF THE MEETING OF THE BOARD OR COMMITTEE SHALL REFLECT (A) THAT THE CONFLICT OF INTEREST WAS DISCLOSED, (B) THE BOARD OR COMMITTEE'S DECISION REGARDING THE CONFLICT OF INTEREST, INCLUDING A STATEMENT THAT THE INTERESTED PERSON WAS NOT PRESENT DURING THE FINAL DISCUSSION AND VOTE, AND (C) THAT THE INTERESTED PERSON ABSTAINED FROM VOTING. ARTICLE V.VIOLATIONS OF THE CONFLICT OF INTEREST POLICY 1.FAILURE TO DISCLOSE CONFLICT. IF THE BOARD OR COMMITTEE HAS GOOD REASON TO BELIEVE THAT AN INTERESTED PERSON HAS FAILED TO DISCLOSE AN ACTUAL OR POTENTIAL CONFLICT OF INTEREST, IT SHALL INFORM THE INTERESTED PERSON OF THE BASIS FOR SUCH BELIEF AND AFFORD THE INTERESTED PERSON AN OPPORTUNITY TO EXPLAIN THE ALLEGED FAILURE TO DISCLOSE PRIOR TO THE BOARD OR SUCH COMMITTEE TAKING ANY ACTION WITH RESPECT TO THE CONTRACT OR OTHER TRANSACTION INVOLVING A CONFLICT OF INTEREST. 2.DISCIPLINARY ACTION. IF, AFTER HEARING THE RESPONSE OF THE INTERESTED PERSON AND MAKING ANY FURTHER INVESTIGATION AS MAY BE WARRANTED IN THE CIRCUMSTANCES, THE BOARD OR COMMITTEE DETERMINES THAT THE MEMBER HAS IN FACT FAILED TO DISCLOSE AN ACTUAL OR POTENTIAL CONFLICT OF INTEREST, THE BOARD OR SUCH COMMITTEE MAY TAKE APPROPRIATE DISCIPLINARY AND CORRECTIVE ACTION, WHICH MAY INCLUDE REMOVAL OF A DIRECTOR FROM THE BOARD OR A COMMITTEE OR TERMINATION OF AN EMPLOYEE'S EMPLOYMENT. ARTICLE VI.ANNUAL STATEMENTS EACH INTERESTED PERSON SHALL ANNUALLY SIGN A STATEMENT WHICH AFFIRMS THAT SUCH PERSON HAS RECEIVED A COPY OF THE POLICY (INCLUDING ANY ANNEXES ATTACHED THERETO), HAS READ AND UNDERSTANDS THE POLICY (INCLUDING ANY ANNEXES ATTACHED THERETO), AND HAS AGREED TO COMPLY WITH THE POLICY (INCLUDING ANY ANNEXES ATTACHED THERETO). IN ADDITION, EACH INTERESTED PERSON SHALL DISCLOSE ON SUCH ANNUAL STATEMENT ANY RELATIONSHIPS, CIRCUMSTANCES OR POSITIONS IN WHICH THE INTERESTED PERSON OR A FAMILY MEMBER IS INVOLVED THAT HE OR SHE BELIEVES COULD RESULT IN, CAUSE OR CONTRIBUTE TO A CONFLICT OF INTEREST ARISING. ANY SUCH INFORMATION REGARDING AN INTERESTED PERSON OR A FAMILY MEMBER SHALL BE TREATED AS CONFIDENTIAL AND SHALL GENERALLY BE MADE AVAILABLE ONLY TO THE CHAIRMAN, SECRETARY, THE BOARD, AND ANY COMMITTEE APPOINTED TO ADDRESS ANY CONFLICT OF INTEREST, EXCEPT TO THE EXTENT ADDITIONAL DISCLOSURE IS REQUIRED BY LAW OR IN CONNECTION WITH ANY GRANT OR FUNDING SOURCE, OR IN CONNECTION WITH THE IMPLEMENTATION OF THE POLICY. THE POLICY IS REVIEWED ANNUALLY BY THE BOARD OF DIRECTORS OR THE AUDIT COMMITTEE OF THE BOARD OF DIRECTORS.
FORM 990, PART VI, SECTION B, LINE 15
THE SALARY SURVEY CONDUCTED IN MAY, 2009 OF THE CEO, CFO AND MANAGING DIRECTOR WAS DONE FOR COMPARABILITY PURPOSES. THE SURVEY RESULTS WERE FROM PARTICIPATING ORGANIZATIONS WITHIN ADMINISTAFF'S COMPENSATION RESOURCE LIBRARY. DATA ACCURACY WAS SPECIFIC TO JOB CONTENT AS MATCHED TO SIMILAR SURVEY JOBS, GEOGRAPHIC LOCATION, INDUSTRY, AND/OR COMPANY SIZE (FTE OR ASSETS), WHERE APPLICABLE. THE INFORMATION PROVIDED WAS NOT A PAY RECOMMENDATION BY ADMINISTAFF, RATHER, IT WAS INTENDED TO PROVIDE REPRESENTATIVE RANGES OF PAY RATES IN THE LABOR MARKET AND CAN BE USED AS A BASIS WHEN MAKING PAY DECISIONS.
FORM 990, PART VI, SECTION C, LINE 19
THE FINANCIAL STATEMENTS ARE AVAILABLE UPON REQUEST. THE ORGANIZATION'S GOVERNING DOCUMENTS AND CONFLICT OF INTEREST POLICY ARE NOT AVAILABLE TO THE PUBLIC.
CHANGES IN NET ASSETS OR FUND BALANCES:
FORM 990, PART XI, LINE 5:
NET UNREALIZED GAINS ON INVESTMENTS: 1,068.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.