HomeMy WebLinkAboutRestaurant Association BID Agenda Packet 11/16/2016CITY OF NEWPORT BEACH
NEWPORT BEACH RESTAURANT BUSINESS
IMPROVEMENT DISTRICT AGENDA
1600 Newport Center Drive, Suite 120
Wednesday, November 16, 2016 - 9:30 AM
Newport Beach Restaurant Business Improvement District Members:
Ronald Schwartz, President
Christopher Roman, Vice President
Dan Miller, Treasurer
Jordan Otterbein, Secretary
John DeFrenza, Director
Mario Marovic, Director
Bruno Massuger, Director
Matt Meddock, Director
Catherine Pavlos, Director
Brendon Salisbury, Director
Jim Walker, Director
The Newport Beach Restaurant Business Improvement District meeting is subject to the Ralph M. Brown Act. Among other things,
the Brown Act requires that the Newport Beach Restaurant Business Improvement District agenda be posted at least seventy-two
(72) hours in advance of each regular meeting and that the public be allowed to comment on agenda items before the Business
Improvement District and items not on the agenda but are within the subject matter jurisdiction of the Newport Beach Restaurant
Business Improvement District. The Chair may limit public comments to a reasonable amount of time, generally three (3) minutes
per person.
The City of Newport Beach’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a
participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate
you in every reasonable manner. Please contact Mary Locey, Management Analyst, at least forty-eight (48) hours prior to the
meeting to inform us of your particular needs and to determine if accommodation is feasible at (949) 644-3031 or
mlocey@newportbeachca.gov.
NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT
Any presentation requiring the use of the City of Newport Beach’s equipment must be submitted to the City Manager’s Office 24
hours prior to the scheduled meeting.
I.CALL MEETING TO ORDER
II.ROLL CALL
III.PUBLIC COMMENTS ON NON-AGENDA ITEMS
Public comments are invited on agenda and non-agenda items generally considered to be
within the subject matter jurisdiction of the Newport Beach Restaurant Association Business
Improvement District (NBRA BID). Speakers must limit comments to three (3) minutes. Before
speaking, we invite, but do not require, you to state your name for the record. The Newport
Beach Restaurant Association Business Improvement District (NBRA BID) has the discretion
to extend or shorten the speakers’ time limit on agenda or non-agenda items, provided the time
limit adjustment is applied equally to all speakers. As a courtesy, please turn cell phones off or
set them in the silent mode.
IV.CURRENT BUSINESS
1.Approval of Minutes (Schwartz)
Summary: Review the draft meeting minutes from the September 28, 2016
meeting.
Recommended Action: Board to approve the September 28, 2016 meeting
minutes.
November 16, 2016
Page 2
Newport Beach Restaurant Business Improvement District Meeting
Attachment-Draft September 28 Meeting Minutes
2.BID Financial Reports (Swain)
Summary:
a) Update on BID billing and accounting services
b) Review of the BID financial reports ending October 2016
Recommended Action: Accept and file the BID financial reports for the period
ending October 2016
Attachment-Financial Reports
3.President's Report (Schwartz)
Summary:
a) Update on BID marketing contract
b) Update on stakeholder survey and strategic planning process
c) Update on Hospitality Ambassador Program
d) BID assessment collections and stakeholder penalties for non-payment
Recommended Action: None
Attachment-Draft Survey
4.Marketing Report (St. Amour)
Summary:
a) Update on marketing and promotions
b) Update on PR and social media
c) Newport Beach Restaurant Week
Recommended Action: None
5.Industry Update (Peak)
Summary:
a) Update on EMV Chip Readers
b) New laws affecting restaurants in 2017 (handout)
c) Industry and community events
Recommended Action: None
Attachment-New Laws
V.BOARD/COMMITTEE/COMMISSION ANNOUNCEMENTS OR MATTERS WHICH
MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION,
ACTION OR REPORT (NON-DISCUSSION ITEM)
VI.ADJOURNMENT
Page 1 of 3
City of Newport Beach Restaurant
Business Improvement District
Board Meeting Minutes – September 28, 2016
Newport Beach & Company
1600 Newport Center Drive, Suite 120
Newport Beach, CA 92660
I. CALL MEETING TO ORDER
The meeting was called to order at 9.33 a.m.
II. ROLL CALL
Directors Present:
Ronald Schwartz Muldoon’s Irish Pub
Christopher Roman CUCINA enoteca
Dan Miller The Village Inn
Jordan Otterbein A Restaurant & A Market
John DeFrenza Crocker’s The Well Dressed Frank
Bruno Massuger Back Bay Bistro
Matt Meddock Sessions West Coast Deli
Jim Walker The Bungalow Restaurant
Quorum Achieved
Directors Absent:
Mario Marovic Dory Deli, Malarky’s Irish Pub & Stag Bar + Kitchen
Catherine Pavlos Provenance
Brendon Salisbury The Cannery Restaurant & El Cholo
BID Administrator Present:
Polly Peak Newport Beach & Company
Guests Present:
Keith Curry City Council Member
Michelle St. Amour Newport Beach & Company
Katy Dennis Newport Beach & Company
Lesley Swain Newport Beach & Company
III. PUBLIC COMMENTS ON AGENDA AND NON-AGENDA ITEMS
• Councilman Curry provided information on the issues affecting the water supply in
Newport Beach.
IV. CURRENT BUSINESS
1. Approval of Minutes
President Schwartz requested a motion to approve the minutes from the
July 27, 2016, meeting.
Page 2 of 3
Motion: Director Walker moved to approve the July 27, 2016 meeting minutes.
Director Miller seconded the motion.
The motion carried by the following vote:
Ayes: Schwartz, Roman, Miller, Massuger, Meddock & Walker
Directors Absent for the Vote: DeFrenza, Otterbein
2. BID Financial Reports
• Ms. Peak provided an overview of the BID Financial reports ending August
2016 that were prepared by City staff.
• Annual supplemental funds from the City of Newport for the NBRA, and for the
Restaurant Week grant have been deposited into the NBRA account.
• The assessment invoices are scheduled to go out on October 13, 2016.
• The new NBRA informational brochure that will go out with the assessment
invoices was shared with the Board.
• The Board reviewed a draft of the assessment invoice and provided feedback.
• Stakeholders will have the option to pay online using a credit card.
• Lesley Swain provided and update on the BID accounting services and the
new systems implemented for NBRA.
President Schwartz requested a motion to approve the BID financial reports ending
August 2016.
Motion: Director Miller moved to accept and file the financial reports.
Director Roman seconded the motion.
The motion carried by the following vote:
Ayes: Schwartz, Roman, Miller, Otterbein, DeFrenza, Massuger, Meddock & Walker
3. President’s Report
• President Schwartz announced that the NBRA BID amendment was officially
approved by City Council on 9/13/16.
• President Schwartz announced changes in staff support roles for the NBRA.
Newport Beach & Co. will continue to oversee all the marketing, PR, BID
administration and accounting for the BID. Ms. Peak will be responsible for the
BID Administration, and Ms. St. Amour will be responsible for the marketing
and promotion for Dine Newport Beach, NBRA and its stakeholder restaurants.
• President Schwartz and Ms. Peak provided an update on the strategic planning
process and the NBRA stakeholder survey.
o The Board reviewed a draft of the stakeholder survey, and provided
feedback.
o Surveys will go out in a couple of weeks, and are due back by the end
of October.
o Don Anderson with Destination Consultancy Group will conduct a
strategic planning session with the board members immediately
following the November board meeting.
o The new strategic plan will be presented at the January 2017 Board
meeting.
• President Schwartz is looking to pursue a Hospitality Training/Ambassador
Program that would be available as a resource to NBRA stakeholders.
Page 3 of 3
o Ms. Dennis provided information on an existing program that Newport
Beach and Co. has conducted for other City departments in the past.
o President Schwartz requested to form a sub-committee of Board
members to attend an upcoming Hospitality Training scheduled in
November, and provide feedback on how the program can be tailored
specifically for the foodservice industry and NBRA stakeholders.
o Directors Walker, Otterbein, Roman and Massuger volunteered to be on
the subcommittee, and will report back at the next board meeting.
4. Marketing Report
• Ms. St. Amour provided the following update to the NBRA Board:
o Reviewed the Dine Newport Beach newsletters and promotions, as well
as the open rates for July, August and September.
o Reviewed the current website and social media metrics.
• Ms. St. Amour will be at the Newport Beach Wine & Food Festival to:
o Promote Dine Newport Beach
o Capture new email subscribers and social followers
o Promote upcoming Newport Beach Restaurant Week
• Newport Beach Restaurant Week (NBRW) will be January 16-29, 2017.
• Registration for NBRW will be in October & November.
• NBRW Media Event is scheduled for Thursday, January 12, 2017, at Marina
Park.
5. Industry Update
• President Schwartz opened a discussion on the issue with EMV chip readers
and how it affects restaurant operators. Board members shared insights and
best practices for this issue.
• Ms. Peak noted upcoming industry and community events for the California
Restaurant Association and Newport Beach & Co.
V. BOARD/COMMITTEE/COMMISSION ANNOUNCEMENTS OR MATTERS, WHICH
MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION,
ACTION OR REPORT (NON-DISCUSSION ITEMS)
• Director Walker asked to discuss the penalties for restaurants that fail to pay
their assessment at the next meeting.
VIII. ADJOURNMENT
The meeting adjourned at 10:45 p.m.
The next meeting will be Wednesday, November 16, 2016 at 9:30 a.m. at Newport Beach & Co.
96,997.27
0.00
0.00
96,997.27
96,997.27
0.00
96,997.27
Total Checks and Charges Cleared 500.00 97,498.27
Name Memo Date Doc No Cleared In Transit
Balance Forward as of Beginning Balance Cut off Date: 09/30/2016 09/30/2016 AUTO ENTRY 52,661.27
10/07/2016 TEST Deposit 2CP 1.00
Debit not a credit 10/07/2016 Voided TEST Deposit 2CP -1.00
10/19/2016 NBRA Deposit Slip 10/19/1 650.00
Sushi Roku 10/19/2016 Pd through City CC portal 500.00
10/20/2016 NBRA Deposit Slip 10/20/2 1,200.00
10/21/2016 NBRA Deposit Slip 10/21/2 1,100.00
Cafe Artys II 10/21/2016 150.00
10/25/2016 NBRA Deposit Slip 10/25/2 1,600.00
10/25/2016 NBRA Deposit Slip 10/25/2 3,850.00
10/28/2016 NBRA Deposit Slip 10/28/2 1,250.00
10/31/2016 Deposit Slip 10/31/2016 1,000.00
10/31/2016 NBRA Check Deposit Slip 1 32,937.00
10/31/2016 NBRA Deposit Slip 10/31/2 600.00
97,498.27 0.00
Name Memo Date Check No Cleared Outstanding
Richard J. Manning, Jr.10/18/2016 5,000.00 500.00
500.00 0.00
Total Deposits
Checks and Charges
Total Checks and Charges
Total Deposits Cleared
Deposits
Outstanding Checks and Charges
Adjusted Bank Balance
Book Balance
Adjustments*
Adjusted Book Balance
Newport Beach Restaurant Association
Reconciliation Report
As Of 10/31/2016
Account: NBRA Checking
Statement Ending Balance
Deposits in Transit
Year To Date Actuals
10/31/2016
FY2017 NBRA Budget Remaining Amount
Operating Revenue
Program Revenue
Restaurant Association Fees 202,600.00 189,000.00 13,600.00
Restaurant Association Late Fees 0.00 6,500.00 (6,500.00)
Restaurant Association Special Events 5,300.00 25,000.00 (19,700.00)
City of Newport Beach Matching Funds 40,000.00 40,000.00 0.00
City of Newport Beach Grant Funds 9,000.00 10,000.00 (1,000.00)
Total Program Revenue 256,900.00 270,500.00 (13,600.00)
Total Operating Revenue 256,900.00 270,500.00 (13,600.00)
Expenses
General and Administrative Expenses
Operating Expenses
Operating Expenses
Bank Fees 1.00 0.00 1.00
Membership Dues 0.00 500.00 (500.00)
Governance Meeting Expenses 0.00 2,000.00 (2,000.00)
Total Operating Expenses 1.00 2,500.00 (2,499.00)
Total Operating Expenses 1.00 2,500.00 (2,499.00)
Professional Fees
Independent Contractors 0.00 8,000.00 (8,000.00)
Bloggers 2,750.00 12,000.00 (9,250.00)
Marketing Consultant Fees 21,000.00 60,000.00 (39,000.00)
BID Administration Fees 5,000.00 18,000.00 (13,000.00)
Financial Services Fees 1,500.00 18,000.00 (16,500.00)
Consultant Operational Reimbursement 3,986.00 12,000.00 (8,014.00)
Total Professional Fees 34,236.00 128,000.00 (93,764.00)
Total General and Administrative 34,237.00 130,500.00 (96,263.00)
Advertising Expenses
Advertising - Consumer 7,682.39 50,000.00 (42,317.61)
Total Advertising Expenses 7,682.39 50,000.00 (42,317.61)
Marketing Expenses
Community Relations
Community Partner Events 875.00 2,500.00 (1,625.00)
Event Marketing Expenses 0.00 55,000.00 (55,000.00)
Event Operating Expenses 21.00 5,000.00 (4,979.00)
Research 0.00 4,000.00 (4,000.00)
Total Community Relations 896.00 66,500.00 (65,604.00)
Marketing Collateral
Collateral Production Expenses 0.00 6,500.00 (6,500.00)
Total Marketing Collateral 0.00 6,500.00 (6,500.00)
Digital Marketing
Social Media 0.00 2,000.00 (2,000.00)
Website Maintenance 0.00 5,000.00 (5,000.00)
Digital Advertising 0.00 7,000.00 (7,000.00)
Total Digital Marketing 0.00 14,000.00 (14,000.00)
Communications/Public Relations
Media Relations 0.00 3,000.00 (3,000.00)
Total Communications/Public Relations 0.00 3,000.00 (3,000.00)
Total Marketing Expenses 896.00 90,000.00 (89,104.00)
Total Expenses 42,815.39 270,500.00 (227,684.61)
Net Income 214,084.61 0.00 214,084.61
Newport Beach Restaurant Association
Statement of Activities
Year Ending
06/30/2017
Month Ended
October 2016
Current Year Balance
Assets
Current Assets
Cash and Cash Equivalents
NBRA Checking 96,997.27
NBRA City Appropriation 1,558.45
NBRA Bill.com Clearing (161.29)
Undeposited Funds 397.00
Total Cash and Cash Equivalents 98,792.43
Accounts Receivable, Net
Accounts Receivable
Accounts Receivable 156,478.90
Allowance for Doubtful Accounts (8,195.17)
Total Accounts Receivable 148,283.73
Total Accounts Receivable, Net 148,283.73
Total Current Assets 148,283.73
Total Assets 247,076.16
Liabilities and Net Assets
Liabilities
Short-term Liabilities
Accounts Payable
Accounts Payable 11,057.39
Total Accounts Payable 11,057.39
Total Short-term Liabilities 11,057.39
Total Liabilities 11,057.39
Net Assets
Net Assets
General Fund Balance 21,934.16
Total Net Assets 21,934.16
Net Income 214,084.61
Total Net Assets 236,018.77
Total Liabilities and Net Assets 247,076.16
Notes
Accounts to be reviewed and reconciled:
NBRA City Approporation Account
Bill.com Clearing Account
Allowance for Doubtful Accounts
Newport Beach Restaurant Association
Statement of Financial Position
Stakeholder Survey
The Newport Beach Restaurant Association Business Improvement District (NBRA BID) is committed
to marketing and expanding opportunities for all its stakeholder businesses, and your advice is vital to
the organization. Destination Consultancy Group (DCG) is conducting an online survey of BID
stakeholders to assess their needs and issues on behalf of the NBRA, and the aggregate response
information will be used in updating the strategic plan for the organization. Please complete the
following questionnaire so that we can obtain your insights and opinions on the value and effectiveness
of the NBRA BID. The survey will take just a few minutes to complete, and your responses will be kept
strictly confidential. You can complete this survey and return it via email or
Complete the Survey Online at need website link for online survey
Please complete the survey by Thursday, October 27, 2016
1. Given that the NBRA BID mission is to brand Newport Beach dining and promote the commercial
welfare of restaurants and the foodservice industry, please rate the importance of its priority roles
on a scale that ranges from “very unimportant” to “very important.” If there are other roles that need
to be recognized, please identify them and assign them a rating.
Other Roles (please specify and rate)
Priority Role
Very
Unimportant Unimportant
Neither
Important
nor
Unimportant Important
Very
Important
Don’t
Know
Stakeholder & destination brand
marketing awareness
¦ ¦ ¦ ¦ ¦ ¦
Stakeholder offers & event
promotion
¦ ¦ ¦ ¦ ¦ ¦
Stakeholder communications ¦ ¦ ¦ ¦ ¦ ¦
Foodservice industry advocacy ¦ ¦ ¦ ¦ ¦ ¦
Culinary community leadership ¦ ¦ ¦ ¦ ¦ ¦
Event production & management ¦ ¦ ¦ ¦ ¦ ¦
Professional development
programming
¦ ¦ ¦ ¦ ¦ ¦
Government/BID relations ¦ ¦ ¦ ¦ ¦ ¦
Supplier bulk purchasing ¦ ¦ ¦ ¦ ¦ ¦
__________________________________________________________________________________
2. In your opinion, what are the two main accomplishments of the NBRA BID over the past three
years?
A. ___________________________________________________________________________
B. ___________________________________________________________________________
3. What do you consider the three most valuable services that the NBRA offers to its stakeholder
businesses? Please select only three services and rank in order of value.
NBRA Services 1st 2nd 3rd
DineNB.com – The NBRA BID official website with
stakeholder offers, events & dining guides
m m m
Business listing on DineNB.com with detailed info,
images, menus & online booking links
m m m
Weekly consumer Dine NB email communications
promoting NBRA stakeholder businesses
m m m
Social media engagement & promotions m m m
Food blogger coverage of stakeholder businesses m m m
Digital & print advertising targeting
Local diners & area visitors
m m m
Newport Beach Restaurant Week participation m m m
Public relations campaigns & media opportunities m m m
Monthly stakeholder NBRA News email
communications with industry info & BID news
m m m
Educational seminars & professional development m m m
Foodservice industry advocacy m m m
Marketing collateral m m m
Networking/social events with NBRA stakeholders m m m
Other (please specify and rank)
_________________________________________________________________________
4. Currently, how satisfied are you as an NBRA BID stakeholder?
What was the main factor that caused you to give the above satisfaction rating?
______________________________________________________________________________
______________________________________________________________________________
5. In your opinion, what are the top two issues or challenges that you face as a foodservice business,
and that the NBRA BID could support on your behalf?
A. ___________________________________________________________________________
B. ___________________________________________________________________________
6. What key motivating factor would allow you to become more actively involved with the NBRA BID?
______________________________________________________________________________
______________________________________________________________________________
Demographics
1. In which foodservice category below does your business best fit?
¦ Full Service Restaurant ¦ Fast Casual / Fast Food Eatery
¦ Grocery / Market ¦ Coffee House
¦ Bakery ¦ Juice Bar / Smoothie Shop
¦ Dessert Shop / Treats ¦ Catering Company
Other (please specify) ____________________________________________________________
2. Which position below best describes your role?
¦ Business Owner ¦ General Manager
¦ Restaurant / Bar Manager ¦ Marketing Manager
¦ Chef / Cook ¦ Publicist
Other (please specify) ____________________________________________________________
Very
Unsatisfied Unsatisfied
Neither Satisfied
or Unsatisfied Satisfied
Very
Satisfied
Don’t
Know
¦ ¦ ¦ ¦ ¦ ¦
7. How many years have you been in business at the current location?
_____________________________________________
8. What is your estimated annual sales revenue?
r Less than $749,999
r $750,000-$1,499,999
r $1.5 million - $2.9 million
r $3 million - $4.9 million
r $5 million - $9.9 million
r $10 million +
9. Are you a member of the California Restaurant Association?
¦ Yes
¦ No
10. Have you attended an NBRA BID Annual Meeting?
¦ Yes
¦ No
If you have any concerns and/or questions related to the topics covered in this survey that you
would like to discuss further, please provide your contact information below.
Contact Name: ____________________________________________________________________
Contact Email or Phone: ____________________________________________________________
Business Name: ___________________________________________________________________
Thank you for taking the time to participate in this survey.
Please email the completed survey to NBRA@DineNB.com
New state & local laws affecting restaurants in 2017
AS OF NOVEMBER 3, 2016
The above have been identified as some of the new laws most directly affecting restaurateurs. Not all the above may affect every restaurateur, and there may be other new laws not listed above that may affect some restaurateurs. The above are only brief summaries and do not constitute legal advice. Please consult your attorney, accountant or other appropriate professional as needed. Unless specified, all new legislation going into effect January 1, 2016.
State Law
/Author Subject Description
AB 54 (Olsen) ADA
Allows for a certified access specialist (CASp) expense to be
eligible as an access expenditure for tax deduction purposes of
up to $250.
AB 1386 (Low) Epinephrine
auto-injectors
Permits entities, including restaurants, to obtain epinephrine
auto-injectors for use by a trained person. Protects against civil
damages for acting in good faith and not for compensation.
AB 1554 (Irwin)/SB
819 (Huff)
Powdered
alcohol ban
Prohibits manufacturing, distributing, or selling powdered
alcohol.
AB 1670 (Dodd)
Alcohol
licenses/Napa
County
Authorizes the Department of Alcoholic Beverage Control (ABC)
to issue a maximum of five new original on-sale general licenses, over a one-year period, for bona fide public eating-places with seating for 25 or more people in the County of Napa.
Additionally, the new law authorizes ABC to issue a special on-
sale general license to the operator of any for-profit theater
located within the County of Napa, configured with theatrical
seating of at least 800 seats and primarily devoted to live
theatrical performances.
AB 1676 (Campos) Employee salary information
Codifies EEOC regulations and court case decisions that an employer cannot rely on prior salary, by itself, to justify any disparity in compensation.
AB 1732 (Ting) Single-user
restrooms
Requires restroom facilities with one toilet and/or urinal and one
sink, with a door that the user can lock from the inside to be
designated as an all gender toilet facility.
AB 1875 (Quirk)
Cell phones:
driving
restrictions
Beginning in 2017, the new law prohibits drivers from holding
and operating cell phones for any reason other than for functions
that require only the motion of a single swipe or tap of the
driver’s finger, and only if the devices are actually mounted in
some type of holder on the vehicle’s windshield or on the
dashboard.
AB 2535 (Ridley-
Thomas)
Itemized wage
statements
An employer only needs to track the hours of non-exempt
employees.
AB 2899 (Hernandez)
Minimum wage
violations: challenges
Requires that before appealing a decision by the Labor
Commissioner, whether an employee filed the original claim or
the Labor Commissioner issued the citation, employers must post a bond to ensure employees receive any payments owed to
them.
The above have been identified as some of the new laws most directly affecting restaurateurs. Not all the above may affect every restaurateur, and there may be other new laws not listed above that may affect some restaurateurs. The above are only brief summaries and do not constitute legal
advice. Please consult your attorney, accountant or other appropriate professional as needed. Unless specified, all new legislation going into effect January 1, 2017.
SB 3 (Leno) Minimum wage On January 1, 2017, employers with 26 or more employees will be
required to pay at least $10.50 per hour.
SB 32 (Pavley) Greenhouse gas
emissions
Requires the Air Resources Board (ARB) to ensure that
statewide greenhouse gas (GHG) emissions are reduced to at
least 40% below the 1990 level by 2030 and authorizes the ARB to adopt GHG emissions reductions measures by regulation.
SB 1063 (Hall) Wage
differentials
Expands existing law (gender equity law) to also prohibit an
employer from paying any of its employees at wage rates less
than rates paid to employees of another race or ethnicity for
substantially similar work.
SB 1067 (Huff)
Allergy
awareness
training
Requires the food safety certification examination to include
knowledge of major food allergens. The person in charge shall
comply with both of the following: (1) Have adequate knowledge
of major food allergens, foods identified as major food allergens,
and the symptoms a major food allergen could cause in a
sensitive individual who has an allergic reaction. (2) Educate the
employees at the food facility regarding the information
described above, which the person in charge may elect to
accomplish by, among other methods, using a poster or job aid
to which the employee can refer.
SB 1067 (Huff)
Food
temperatures/ disclosure
If a retail food facility includes on their menu animal food, such
as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish, that will
be served or sold raw, undercooked, or without otherwise being
processed to eliminate pathogens, either in ready-to-eat form or
as an ingredient in another ready-to-eat food, the facility shall
inform consumers of the increased risk of consuming those
foods with a disclosure and reminder on the menu, menu board,
a brochure, on the deli case menu, a label statement, table tent, placards, or other effective written means. The reminder is
denoted by an asterisk next to a raw or under cooked animal-derived menu item, to a footnote that includes either of the
following disclosure statements: (1) Written information
regarding the safety of these food items is available upon
request. (2) Consuming raw or undercooked meats, poultry,
seafood, shellfish, or eggs may increase your risk of foodborne
illness, especially if you have certain medical conditions.
SB 1128 (Glazer)
Employee
commute
benefits
extension
Applies to the nine counties surrounding the San Francisco bay.
Currently, the Metropolitan Transportation Commission and the Bay Area Air Quality Management District have a commute
benefit ordinance that requires covered employers, to offer one
of the following options to their covered employees: a) a pretax
option allowing covered employees to exclude from taxable
wages employee transit pass, vanpool, or bicycle commuting
costs; b) an employer-paid benefit whereby the covered
employer offers a subsidy to offset the transit or vanpool
commuting costs; or c)transportation furnished by the covered
employer at no or low cost to the covered employee in a
vanpool, bus, or multi-passenger vehicle operated by or for the
employer. This ordinance was to be in effect until January 1, 2017;
this new law puts it into effect permanently and eliminates the
pre-tax subsidy for bicycle commuting and allows for it to be an employer paid benefit.
SB 1167 (Mendoza) Indoor heat
regulations
Requires Cal-OSHA to establish a heat illness and injury
prevention standard for certain employment facilities.
The above have been identified as some of the new laws most directly affecting restaurateurs. Not all the above may affect every restaurateur, and there may be other new laws not listed above that may affect some restaurateurs. The above are only brief summaries and do not constitute legal
advice. Please consult your attorney, accountant or other appropriate professional as needed. Unless specified, all new legislation going into effect January 1, 2017.
SB 1234 (De Leon) California retirement savings plan
To be administered by the California Retirement Savings
Investment Board (Board). Once the Board officially opens the
California Retirement Savings Plan for enrollment, employers will
need to make the plan available to their employees and use their
payroll system to directly deposit employee contributions into
the retirement savings plan.
Employers that do not offer their own retirement plans (such as
a 401(k)) would have to perform the duty of allowing their
workers to access their payroll system to send automatic
employee contributions to the plan. Employers with 100+
employees must make the CRSP available to their employees
and allow them to access their payroll system within 3 months of the Board opening the program for enrollment; employers with
50+ employees just do so within 6 months, and employers with 5+ employees must do so within 9 months. The employee default
savings amount would be set at 3%. Employees that do not want
to enroll and make contributions to the CRSP must act to opt-
out at any time after enrollment.
If employers without a workplace retirement plan do not make
their payroll system available for employees to remit retirement
savings contributions, the Employment Development
Department (EDD) will be allowed to assess and collect a
penalty. Employers will be allowed a 90-day grace period to
comply without penalty once the enrollment for the program
begins. It is expected that it may be up to 1-year before the
Board opens enrollment.
SB 1241
(Wieckowski)
Employment
contracts:
adjudication:
choice of law and
forum
Invalidates provisions in employment contracts requiring
employees to arbitrate or litigate controversies outside
California, or that designate other than California law as the
choice of law to be applied.
SB 1285 (Leno) Alcohol beverage
licenses
Allows for 5 new original special on-sale general alcohol licenses
for bona fide eating establishments for premises located within
specified census tracts in San Francisco.
SBX2-5 (Leno) E-cigarette
restrictions
Recasts and broadens the definition of "tobacco product" in
current law to include electronic cigarettes. Extends current
restrictions and prohibitions against the use of tobacco products
to electronic cigarettes.
SBX2-7 (Hernandez)
Tobacco
products:
minimum legal
age
Raises the legal age to purchase or consume tobacco products
from 18 to 21 years of age.