Independent Joe #55 April/May 2019

WHAT’S

BREWING

PAYCHECK FAIRNESS

•

MENU LABELING

•

JOINT EMPLOYER

•

MCDONALD'S

April/May 2019

for D D Independent Franchise Owners

I S B A E N QU N A

ION AT

THE C

Award-Winning Magazine

Food and beverage brands consider how to capitalize on a growing cannabis culture.

CFA

JICF

PROFILE

Franchising 101 for Federal Lawmakers

Week of Joy Creates a Lasting Impact

Experience Guides Franchisee in Colorado

A team of experienced financial professionals, all dedicated to a singular corporate mission.

Yours.

Imagine a single point of contact—a relationship manager who takes personal responsibility for bringing you tailored financial solutions that meet the needs of your business. No waiting for days for someone to call you back. That’s Sterling.

Sterling relationship managers are not merely responsive. They’re able to draw upon a unique breadth of tools and expertise, applying a thorough understanding of your business.

Whether you’re investing in location refreshes, growth through acquisition or aspire to refinance or recapitalize, your Sterling relationship manager will provide you with the information you need to make smart decisions for better outcomes.

For more information, please contact: Keith Smith SVP, Senior Managing Director 212-575-2473 ksmith@snb.com

Lindy Baldwin VP, Managing Director 402-312-2542 lbaldwin@snb.com

Expect extraordinary.

Member FDIC

snb.com

PERFORMING TOGETHER AS A PARTNERSHIP Back in the middle of the 20th century, Jerry Lewis and Dean Martin were arguably the greatest comedy team of their era, and one of the best in the history of show business. In less than 10 years, they made 16 movies together—each one a bigger hit than the one before. The Martin/Lewis franchise, if you will, brought each man more success early in their careers than either one ever dreamed of. As a team they each benefited from the success of the other. But when their interests diverged – Lewis, the workaholic, wanted to make more movies and capitalize on their brand, while Martin, an avid golfer, preferred to work less and play more – they went their separate ways. Their franchise was forever broken and they never performed together again.

The franchise business, just as the exceptional comedy team, is the manifestation of a symbiotic relationship between two entities. There is the brand, which has its name, trademark, resources and expertise to operate the business; and the investor, who buys into the brand even if he or she has little experience or expertise. The entrepreneurial franchise owner benefits from the brand’s expert training and support, while the franchised brand benefits from the operator’s investment and hard work.

and consideration.

But the move was really a blow to its franchisee partners. While the general public – and McDonald’s customers – applauded the company, they probably never realized that McDonald’s was whacking its partners on the kneecaps. Maybe it thought the positive publicity would outweigh the noise franchisees would make. We may never know the motivation, but we do know that saddling franchisees with higher labor costs that will eat away at their bottom line results, and have no impact the brand’s top-line earnings, is not how great partnerships work.

Pollo Loco had breached the implied covenant of good faith and fair dealing when two new corporate stores improperly encroached on the non-exclusive territory of longtime El Pollo Loco franchise owners, Michael and Janice Handler-Bryman, and cannibalized their sales.”

While there are times when the interests of the two parties will diverge (one entity focuses on top-line results, while the other is focused on the bottom line), the successful franchise partnership works through those divergent interests and focuses on the benefits to be derived from a cooperative effort—the whole being greater than the sum of its parts. In fact, a franchise business is the very epitome of a partnership where the future of one side is inextricably linked to the long-term success of the other. Successful partnerships – in show business or the food business – are based on trust, transparency

It’s easy to spend someone else’s money; hell, politicians make a career out of it.

But, it shouldn’t happen in a partnership and it’s especially troublesome in a franchised relationship; it’s bad for the operators and it’s bad for the industry. It’s not the first time a franchisor has violated the trust of the partnership relationship.

Just last year, attorney Robert Zarco wrote a column for this magazine about the landmark case he argued for husband and wife El Pollo Loco franchise owners in California. He wrote:

Franchising depends on the investors who agree to buy into the brand and work hard to be successful. It depends on a partnership both sides can trust. Today, the Brymans are out of the El Pollo Loco franchise system, but McDonald’s still has thousands of franchisees questioning the future of their system. Whether their partnership ever recovers and they “perform together again” remains to be seen.

Partnerships suffer, however, when one party places its own interests above those of the partnership—or worse when it places its interests specifically ahead of the other partner. It represents a violation of trust, a lack of transparency and insufficient consideration. Look at McDonald’s. When the burger chain recently announced it would no longer oppose federal, state or local efforts to increase the minimum wage, it received a flood of positive press. There was an extra glow on the Golden Arches because McDonald’s was being viewed as politically progressive and socially conscious.

“A Los Angeles County jury found that El

When El Pollo Loco opened a new, corporate unit just two miles from the Bryman’s 30-year store, sales fell 17 percent.

The partnership that for three decades had delivered solid profits to the franchisor was exterminated by a noxious act.

And that’s no joke.

Ed Shanahan DDIFO Executive Director

INDEPENDENT JOE • APRIL/MAY 2019

3

SUB HEADLINE

CONTENTS From the Executive Director: Performing Together as a Partnership. . 3

9

What’s Brewing: A Look at State Issues Around the Footprint. . . . . . . . . . . 7 Franchising 101 for Federal Lawmakers. . . . . . . . . . . . . . . . . . . . 9 Franchisee Feedback Driving Next Gen Development. . . . . . . . . . . . . . . 11 Joy in Childhood Foundation: One Week of Joy Creates a Lasting Impact for Thousands. . . . . . . . 13

11

COVER STORY The Cannabis Equation. . . . . . . . . . . . . . 16 Look at the Law: Marijuana in the Workplace . . . . . . . . . . . 19 Franchisee Profile: Doug Patterson. . . . . . . . . . . . . . . . . . . . . . 21 Directory of Business Members .... 24

13

Photo Story: NE Regional Meeting. . . . . . . . . . . . . . . . 26

26 4

INDEPENDENT JOE • APRIL/MAY 2019

21

Employer Solutions Program An opportunity for employees to save with discounted tax preparation service and products.

A turnkey program designed to benefit your employees.

We are available to provide your employees on-site tax advice, tax planning and support year-round, at no cost to you. + + + + +

Second Look® Reviews - are your past taxes correct?

Lunch & Learns W-4 planning for new employees Tax planning sessions Tax professional led discussions

Have you considered offering discounted tax preparation as a benefit to your employees? + No cost to you + Easy to get started + $25 off retail office tax prep (new clients) + Free Tax Identity Shield ($30 value prior clients) + Discounted online tax prep + Discounted software download

About H&R Block + The only full-service tax preparation provider that offers face-to-face, online and software solutions. + 12,000 offices worldwide & 80,000 tax professionals. + There’s an H&R Block office located within 5 miles of most Americans. + We’ll get you the largest refund you’re entitled to or your tax preparation is free and we’ll amend your return at no cost.

Reach out to sign up today.

Christine Torres Account Manager 646-531-1025 | christine.torres@hrblock.com

H&R Block looks at your life through tax … and finds ways to help.

17-0181

HRBLOCK.COM

Independent The Magazine for DD Independent Franchise Owners April/May 2019 Issue #55 Independent Joe® is published

by DD Independent Franchise Owners, Inc.

Turk Enustun

317-432-8809 Turk.Enustun@gapac.com www.gppro.com

REACH A SPECIFIC AUDIENCE

Editors: Edwin Shanahan, Matt Ellis Contributors: Cheryl Alkon, Michael Hoban, Wendy Jacobson, Debbie Swanson, Scott Van Voorhis Business Member Coordinator: Joan Gould Creative Director: Caroline Cohen

Direct all inquiries to: DDIFO, Inc. 2 First Avenue, Ste. 127 – 3, Peabody, MA 01960 978-587-2705 • info@ddifo.org www.ddifo.org

Advertising in Independent Joe is the yeast that makes the dough rise...

Contact Joan Gould to Advertise 978-933-1123 or joan@ddifo.org 6

INDEPENDENT JOE • APRIL/MAY 2019

DD Independent Franchise Owners, Inc. is an Association of Member Dunkin’ Donuts Franchise Owners.

INDEPENDENT JOE® and DDIFO® are registered trademarks of DD Independent Franchise Owners, Inc. Any reproduction, in whole or in part, of the contents of this publication is prohibited without prior written consent of DD Independent Franchise Owners, Inc. All Rights Reserved.

Copyright © 2019 Printed in the U.S.A.

WHAT’S

BREWING A LOOK AT STATE ISSUES

By Cheryl Alkon Paycheck parity, workers’ wages and nutrition labeling. They are just a few of the many issues affecting Dunkin’ franchise owners across the footprint. This is the time of year state legislatures and Congress sort through bills to determine which new laws and regulations to consider. How will things play out as the days lengthen and the temperatures rise?

Paycheck Fairness Act update In March, the Democrat-controlled House of Representatives passed the Paycheck Fairness Act, (HR-7), by a final vote of 242-187. The bill, which stipulates that men and women are paid equally for the same job, specifies that employers cannot require job applicants to list salary histories from prior jobs and that employers must be more open about how much their workers make and report stats to the Equal Employment Opportunity Commission. It would also allow workers to discuss salary details openly with each other.

The bill last passed the House in 2009, also when Democrats held the majority. This year, “they have a rare opportunity to pass a bill that has struggled to gain momentum in both chambers when it’s come up.

Even though… experts say a pay equity bill should be bipartisan, the Paycheck Fairness Act has languished out of the spotlight when Republicans have been in power,” according to coverage in Vox.

AROUND THE FOOTPRINT A closer look at the act shows it would, among other things, “make employers liable for unlimited punitive damages for even unintended pay disparities” and “eliminate current limits for back pay as well as for punitive and compensatory damages on employers.” The Coalition of Franchisee Associations (CFA) calls it “punitive legislation,” and is urging its members and other small business owners to ask their representatives to oppose it.

The legislation, in its current form, languishes in the Republican-controlled Senate.

What Will Happen to Menu Labeling Requirements?

According to the Center for Science in the Public Interest (CSPI), “Americans eat out more than ever, consuming, on average, one-third of their calories from eating out.

And, numerous studies link eating out with obesity.” That helps explain why CSPI and others pressed the federal government to include menu labeling in the 2010 Affordable Care Act. And, while it took nearly eight years to implement menu labeling requirements for fast-food and other restaurants, there are some questions as to its future.

Just before Christmas, a Texas federal judge ruled that the mandate requiring all Americans to buy health insurance

through the Affordable Care Act was unconstitutional. The Justice Department took a position supporting the judge’s ruling, setting up an appeal in the Fifth Circuit Court and, likely also in the U.S. Supreme Court. If the law is struck down, menu labeling may go the way of sky writing and disappear into the vapor. But, for now, the requirement continues—as does the burden on Dunkin’ franchisees and other restaurant operators.

As Independent Joe reported in this column last year, studies indicate menu labeling does improve the public’s awareness of calorie counts—since people read the information while they are waiting to order, but awareness alone may not necessarily shift their food choices once they come to the counter.

Clarifying Joint Employer rules Last month, the U.S. Department of Labor (DOL) issued a proposed rule to clarify the ever-confusing and always-changing Joint Employer Ruling that floats like a hangover from the Obama Administration.

“This proposal will reduce uncertainty over joint employer status and clarify for workers who is responsible for their employment protections,” Labor Secretary Alexander Acosta, said in a statement.

According to a news release: The DOL proposes a clear, four-factor

INDEPENDENT JOE • APRIL/MAY 2019

7

WHAT’S

BREWING test-based on well-established precedent that would consider whether the potential joint employer actually exercises the power to: 1. Hire or fire the employee; 2. Supervise and control the employee's work schedules or conditions of employment; 3. Determine the employee's rate and method of payment; and 4. Maintain the employee's employment records.

“The proposal explains the statutory basis for joint liability, helping to ensure that the Department's joint employer guidance is fully consistent with the text of the [Fair Labor Standards Act]," said Keith Sonderling, Acting Administrator for the Department's Wage and Hour Division.

“The proposed changes would provide courts with a clearer method for determining joint employer status, promote greater uniformity among court decisions, and reduce litigation.”

The proposal is open for a 60-day public

8

comment period before it will go into effect.

Golden Acquiescence In perhaps the most vivid example yet of an American company sensing the tipping point on minimum wage increases, McDonald’s announced in a letter to the National Restaurant Association it would no longer lobby against federal, state or local hikes to the minimum wage.

“Having a player like McDonald’s say ‘We’re not going to fight this anymore’ is a big deal,” Tsedeye Gebreselassie, a lawyer for the National Employment Law Project told The New York Times. “I think it shows that a $15 minimal wage has been normalized.”

But, as critics of the McDonald’s announcement have pointed out, since 90 percent of McDonald’s restaurants are franchised, it is the small business owners who will have pay for the higher labor costs—not the McDonald’s corporation.

The current federal minimum wage is

INDEPENDENT JOE • APRIL/MAY 2019

$7.25 per hour and was set in 2009. A bill from Rep. Bobby Scott (D-VA) to raise the rate to $15 per hour over a five-year period is still under debate in Washington, though some Democrats are lining up with Republicans to oppose the measure.

And, just miles from the halls of Congress – in the state capitol of Annapolis – Maryland Gov. Larry Hogan, a Republican, recently vetoed a bill calling for an increase in the minimum wage to $15 per hour by the year 2026. His stroke of the pen was largely symbolic, however, since the Democrat-controlled General Assembly later overrode the veto. Maryland is now the sixth state to reach that rate.

The combination of higher mandated wages and a smaller pool of qualified applicants is a constant headache for small business owners. While politicians continue their debate over what is best for the nation, Dunkin’ franchisees and other quick serve operators can expect to pay higher wages and offer more benefits to remain competitive.

•

Franchising 101 for Federal Lawmakers N

ot long after assuming the role of chairman of the Coalition of Franchisee Associations (CFA) in January of 2018, long-time Dunkin’ franchisee John Motta said that one of his goals was to make sure the voices of franchisees were heard more clearly on Capitol Hill.

“We meet twice a year, we go to Washington, we talk to our representatives, but I don’t think we make the impact that we are capable of,” Motta told Independent Joe in an interview last May. So Motta and Rob Branca, chair of the Brand Advisory Council’s Government Affairs Committee, recently took strides to increase the impact of CFA by spearheading a campaign to educate the incoming class of new members of Congress on the nature of franchising – and more specifically, to drive home the point that the men and women who own franchises are quintessential small business owners. Dubbed Franchising 101, the session was designed to counter some of the misinformation about franchising that has been advanced by books such as “Fissured Workplace” by David Weil (which paints franchising as a scam), and to demonstrate how the model is a path to small business ownership for those willing to work hard.

“Many times when we go to the House of Representatives or to the Senate and speak to staff or members of Congress, a lot of them don’t understand franchising,” says Motta, adding that all too often, people equate the franchisees with the brands they represent. “They hear ‘McDonald’s’ or ‘Dunkin’ Brands’ and they’re thinking of the billions of dollars of profits, or the CEO who’s making a $100 million. But that’s not us. We’re small business people working in the communities.”

Motta moderated a panel of CFA members

that included Branca; Kumon Learning Center franchisee Connie Schmidt-Kirman; Burger King franchise owner Ed Braddy; and Chirag Shah of the Asian American Hotel Owners Association (AAHOA), which is the CFA’s largest member association with 15,000 franchise owners.

Branca began the session by talking about what franchising is, what it represents to the American economy, and how the model has the capacity to alleviate income and opportunity inequality by serving as a path to small business ownership. “Franchising is the only place where you can walk into a business not knowing anything, and you can be taught everything you need to know about every single job over time – up to and including owning and managing that business – without having any formal education. It’s a business school curriculum where you’re getting paid to learn,” he said.

Branca related the stories of two of his partners, each of whom began as low wage employees, but who now own and operate dozens of stores in New York and Ohio. And it is a scenario that he has seen repeated over and over in his 15 years as a franchisee.

And while he stressed not all brands work as collaboratively with their franchisees as Dunkin’, the best provide franchisees with a playbook for success—providing extensive training and marketing support.

Schmidt-Kirman provided the gathering with a primer on franchisor-franchisee relationships, including her own experiences as a Kumon franchise operator in New Jersey. Kumon provides after-school reading and math programs for students from pre-school through grade 12. She explained that franchising is represented in a variety of businesses, from quick-service restaurants to muffler shops to hair salons. They may have different business

INDEPENDENT JOE • APRIL/MAY 2019 9

ACCOUNTING FEATURE

By Michael Hoban

FRANCHISING 101 models, she noted, but they operate under the same philosophy.

She became an active member of the International Association of Kumon Franchisees (IAKF) just six months after opening her center in 2008 in response to Kumon allowing another franchisee to open a center close by. The experience underscored how the franchisor model and the franchisee model can be very different. “Sometimes there’s an overlap – what’s good for them is good for me – but other times we’re going to be at odds,” she says. “You will find some franchisorfranchisee relationships that are very good, some are kind of in-between, and others are outright contentious.”

Braddy, the Burger King operator, stressed the role franchisees play in their communities—from sponsoring charity road races to feeding the homeless, which his Baltimore store does on a consistent basis.

“People in my neighborhood know that if they don’t have anything to eat, they can come here and get a meal,” says Braddy, who had a career as a police officer before joining the BK system.

“These are the things that franchisees do,” he says. “I’m a single-store franchisee with 29 employees. Burger King doesn’t give me anything but some advice and their name.”

He has developed key relationships with schools and the local community center, providing summer and part-time employment for neighborhood kids, and scholarships for his employees to further their own education. He has also collaborated with other Baltimore-area franchisees to support charities like the MS Foundation.

Braddy believes the goodwill he earned in his community was the reason neighbors protected his restaurant from harm during the riots that occurred following the death of Freddie Gray, the Baltimore man mortally wounded while in police custody.

In communities across the country, franchising represents an antidote to income and opportunity inequality, a point Branca made and Shah of AAHOA reinforced. “The phenomenal thing is that these are good local jobs, opportunity jobs where you can climb the ladder,” said Shah.

“Not only is franchising the single greatest avenue towards small business ownership, it’s the single greatest avenue towards minority small business ownership in the history of this country. And that’s the manifestation of the American dream.”

Financing that grows with you From $2,000 to $50+ million 888-501-6846 | cit.com/franchise | franchiseteam@cit.com

©2019 CIT Group Inc. All rights reserved. CIT and the CIT logo are registered trademarks of CIT Group Inc. Not all applicants will qualify for financing. All finance programs and rates are subject to final approval by CIT, and are subject to change at any time without notice.

10 INDEPENDENT JOE • APRIL/MAY 2019

Following the panel presentations, there was a lively Q&A for the Congressional representatives on topics ranging from the minimum wage, to the mechanics of opening a franchise, to the health of the franchise business model.

Motta, the CFA chair, said feedback from the session was overwhelmingly positive.

Akash Chougule, a staff member at the House Committee on Education and Labor, sent a follow up email which was shared with Independent Joe. “[The session] was the most valuable outside group briefing I’ve attended so far on Capitol Hill – and not just because I’m a Dunkin’ loyalist. It was replete with inspiring stories, important background information, and direct public policy priorities.”

Branca says in addition to educating members of Congress on how franchising really works, events like this one help build relationships with legislators and staff. It’s critically important, he says, “Because when an issue arises, having some history and knowledge of your viewpoints is always constructive in getting it resolved.”

Motta believes CFA accomplished its goal with the Franchising 101 session. “Now we’re thinking of expanding it, because it was such a success,” he says. “We’ve already spoken to Dunkin’ Brands, and we’re thinking of taking the presentation to the state level to try and educate state lawmakers.”

•

Franchisee Feedback Driving Next Gen Development

A

ri Souliotis bought his first two Dunkin’ restaurants in Vermont during the worst economic downturn in decades. With the Great Recession in full swing and coffee prices skyrocketing, it was tough going. But Souliotis, who had previously launched and built the successful Pizza Chef network in Vermont and New Hampshire, never considered throwing in the towel. Even with the economy in trouble, he and his family re-invested in the brand—developing and purchasing another 18 Dunkin’ restaurants in northern Vermont.

“Like any good entrepreneurs, we were struggling so we doubled down,” Souliotis says.

Those early days are now history. Now Souliotis is among a group of other successful Dunkin’ franchisees working with Dunkin’ Brands on the rollout of the next generation of stores, better known as NextGen. When he opened his redesigned NextGen Dunkin’ restaurant near Burlington, Vt. last year, it was only the third in the country, behind a location in Quincy, Massachusetts and another in Corona, in Southern California.

Since then, many more NextGen Dunkin’s have opened across the country. 132 of the remodeled shops opened in 2018 and more are rolling out now as part of the first phase of NextGen. The brand is close to implementing phase two: a final design for all new concept stores. On the May 2, 2019 earnings

call, Dunkin' CEO David Hoffmann noted the Next Gen plan is coming along, and will be ready for display this summer.

“In 2018, we made substantial progress with our Blueprint for Growth designed to evolve Dunkin' U.S. into a beverage-led, on-the-go brand, debuting our NextGen new store design, unveiling our new Dunkin' brand identity, and successfully relaunching our espresso beverages served at the speed of Dunkin',” Hoffmann also said in a recent press statement.

Part of the process of fine-tuning the future design is listening to the feedback from franchisees across the country who volunteered to pilot NextGen. Dunkin’ has established a special NextGen committee to review comments generated from franchisees like Souliotis, who serves on his Regional Advisory Committee (RAC), as well as on the Development Advisory Subcommittee (DASC) and a newly formed Development and Construction work group.

He says overall the experience has been encouraging, though some parts of the remodel have worked out better than others.

“We’ve had a positive reaction from customers. They really like the look and feel of the new store,” he says.

NextGen with a twist In rolling out the NextGen redesign, Dunkin’s goal has been to update the brand with a more modern look and stress

quick delivery and convenience—two attributes aimed particularly at millennials, who, restaurant analysts say, are fast becoming a dominant force in the marketplace.

“It’s about becoming relevant to the new generation while hanging onto their existing customer base,” according to Benjamin Litalien, founder and principal of FranchiseWell. “Virtually all brands have to go through this process.”

As the name change suggests, there is also a shift in emphasis towards coffee and beverages and away from donuts and edibles, with the NextGen design’s centerpiece featuring a rack of eight, barstyle taps offering cold beverages ranging from iced coffee and iced tea to nitrogeninfused cold brew, or nitro.

But, as, Souliotis points out, not all Dunkin’ shops have the same size, shape or capacity, so one design cannot fit all.

Case in point, the conversion of his 1,000 square foot gas station shop into a NextGen restaurant. He settled on a “hybrid model” that includes some, but not all, NextGen elements.

In ways, it resembles the NextGen model Dunkin’ first premiered in its birthplace of Quincy, Mass. But, the Vermont version does not have a second, dedicated drivethru lane for mobile pickup customers.

(The Dunkin’ restaurant in Corona, the second in the country to go NextGen, also skipped this part.)

INDEPENDENT JOE • APRIL/MAY 2019 11

NEXT GEN FEATURE

By Scott Van Voorhis

NEXT GEN DEVELOPMENT Dunkin’ agreed to let Souliotis keep some of the colors and materials from that shop’s recent remodel, while also incorporating major pieces from the NextGen template.

The remodeled restaurant in the town of Milton (population 10,000) doubled in size and features the sleeker, more modern NextGen millwork and LED lighting.

“Because ours was a hybrid of old and new we stayed with much of the style and paint colors from our last remodel cycle,” Souliotis says. “We still have the new glass donut cases and taps and every other aspect of the NextGen, but much of the decor is not significantly different.”

Souliotis says one of the changes has less to do with the look of the shop than it does with the look of the people working there. Now they wear Life is Good t-shirts instead of traditional Dunkin’ uniforms.

“They are different, and lend themselves more toward a millennial-style work wear,” he says.

Still, while style is important, utility

is also crucial. Souliotis says NextGen has gone over well with employees and customers, but believes there are still some kinks to work out regarding how the new model functions amid the hustle and bustle of the shop’s daily routine.

As an example, he doesn’t believe customers are taking note of the digital menu board, which is meant to direct them to retrieve their pick-up orders.

“I do not think customers look up when they are looking down to pick up their drinks,” Souliotis says. “Especially since we have the labels on the cups now. Many times for mobile order it says the name of the guest on the label and it is easy for them to find. The board seems like a distraction.”

There are still a “few bugs” to work out and there are opportunities to reduce the cost, he says, which could make conversion more appealing to all franchisees. All that aside, converting has brought a sales lift. Souliotis believes the boost is a combination of the new concept and the restaurant’s expansion (which also improved flow behind the counter).

Final design decision looms At the time of its initial rollout, NextGen was met with some anxiety, according to John Gordon, founder of

12 INDEPENDENT JOE • APRIL/MAY 2019

Pacific Management Consulting Group and DDIFO’s Restaurant Analyst.

“The franchisees were worried some overly costly or overly complex solution would be imposed on them. Dunkin’ and the franchisees are working well to avoid that problem,” says Gordon, who believes continued good coordination will make the final rollout successful.

“By contrast, McDonald's has significant problems with their remodeling process to date. This actually was a catalyst for the creation of the McDonald’s Operators Association (MOA), McDonald’s first-ever franchisee association,” Gordon says.

Souliotis credits Dunkin’ with listening to his feedback. “[It] has been welcomed and incorporated into the next phase of redesign rollouts. I think overall, Dunkin’s redesign plans are headed in the right direction,” he says.

Gordon believes Wall Street is already anticipating a slower growth period for Dunkin’ as franchisees invest in NextGen conversions. “Franchisees aren’t going to go building a boatload of new stores until they find out what their remodeling bill is going to be,” he says.

Dunkin’ Brands is expected to unveil the final design later this year and investors will be closely watching because new store openings – and new concept designs – can help drive revenue growth.

•

ONE WEEK OF JOY Creates a Lasting Impact for Thousands

Franchisees Victor and Octavio Carvalho volunteer with their team at the Greater Boston Food Bank

T

he word “joy” is associated with a feeling of great pleasure and happiness. Many of us experience some kind of joy as we go through our daily lives. But for many who experience hunger or health issues, joy can be an elusive feeling.

The Joy in Childhood Foundation (JICF), powered by Dunkin’ and Baskin-Robbins, was founded in 2006 as a 501(c)3 organization with a mission of providing the simple joys of childhood to kids dealing with hunger or illness. The organization partners with two national organizations – Feeding America for hunger relief, and Starlight Children’s Foundation for hospitalized children and their families – to make an impact across the country.

Dunkin’ gets in the giving spirit with more than 2,200 volunteers at food banks across the country

The partnership with Feeding America is 10 years strong and helps to support local food pantries, food banks, and other organizations that serve children and their families struggling with hunger. In 2018 alone, it provided more than 4.8 million meals to children and families through Feeding America grants.

This is critical because childhood hunger is a growing issue in the United States. According to Feeding America, more than 12 million

INDEPENDENT JOE • APRIL/MAY 2019 13

PHOTO STORY

By Wendy Jacobson

100 EVENTS

MORE THAN 2,200 VOLUNTEERS

MORE THAN 13,000 HOURS VOLUNTEERED MORE THAN 550,000 PACKED FOR KIDS AND FAMILIES IN NEED children are facing hunger and don’t know where their next meal will come from. For these kids, getting the food they need for the energy they need to learn and grow can be a challenge.

By providing support in their local communities through organized fundraising and volunteer events with JICF, Dunkin’ franchise owners and brand employees are striving to make that challenge a little less daunting.

folks participated in 100 Week of Joy events across the country, logging 13,000 volunteer hours.

Volunteers provided extra manpower at food banks and food pantries. They packed and unpacked boxes of produce, assembled backpacks of food for kids

to take home over the weekend, cooked meals for families in need, and more.

One of those volunteers was Victor Carvalho, who is co-chair of the foundation’s Northeast Chapter. Carvalho and his brother Octavio own 10 Dunkin’ restaurants including the original Dunkin’ location in Quincy, Mass. He told Independent Joe he looks forward to participating in the Week of Joy every year. “It just feels good,” he says. “It brings me joy.”

This year, Carvalho participated in three Week of Joy events around the northeast and noted that those events alone packed enough food to keep families fed through May. “It’s an enriching program,” Carvalho continues. “I love working shoulder to shoulder with other franchisees, crew members and brand folks. You form a bond with them, and it’s very powerful to work hard together and see the impact of that work.”

MAKING AN IMPACT THROUGH ACTION

Making the Week of Joy a powerful experience for all who participate takes plenty

A WEEK OF SHARING JOY

In 2014, JICF made its first $1 million gift to Feeding America, a huge milestone. Still, they wanted more.

The foundation established a goal to activate Dunkin’ and Baskin-Robbins franchisees and crew members to roll up their sleeves and work in the trenches so they could experience JICF’s mission and see the effects of that work first-hand.

The Week of Joy is an annual national volunteer event during which Dunkin’ and Baskin-Robbins franchisees, crew members and brand employees volunteer at Feeding America member food banks and food pantries from coast to coast.

2019 marked the fifth year for the event and it was the biggest yet. During the week of March 18, more than 2,200 Dunkin’ and Baskin-Robbins

Franchisee Miten Patel volunteers with his team at the Community Food Bank of New Jersey

WEEK OF JOY of planning, support and action. JICF issues a call for team leaders a few months before the events take place. Leaders, who can be franchisees or brand employees, are tasked with planning a volunteer event in their area. They are provided with all the tools and support they need so that leaders are comfortable reaching out to the local food bank, recruiting volunteers, ordering t-shirts and having a successful event.

Carvalho has led his Week of Joy team in the Boston area for five years. He recruits as many of his 150 employees as possible to be part of the effort, asking each employee to consider participating in a Week of Joy event at least once.

“The Week of Joy is a great experience, and one that is particularly powerful to experience with your team members,” Carvalho says. “I ask [them to] try it so they can see and experience how we are making an impact in our community,” suggesting once someone tries it, they’ll be back for the next Week of Joy, “because it’s such a powerful and fun event.”

Along with the event he planned this year, Carvalho also participated and supported other events in his region. He helped in a variety of ways, from getting sponsors to getting volunteers.

“It’s an easy event to cheerlead for,” he says. “I enjoy working side by side with other folks. Sometimes we’re working with volunteers from other organizations, outside of Dunkin’ and Baskin-Robbins, so that’s neat, too.”

His official position aside, Carvalho’s opinions are widely shared. Feedback from those who participate is consistently positive. Franchisees report feeling energized about the time they get to spend with one another and satisfied about the efforts to provide real assistance to their communities. Comments often include the benefit of bonding with their teams outside of the restaurant.

For Carvalho, he’d like to see a Week of Joy take place more than once a year, and he’s currently working with the foundation to plan a Northeast Chapter Week of Joy event in the fall.

TIME, MONEY AND MORE

In addition to volunteering their time, many franchisees took part in grant presentations during the Week of Joy. In 2017, JICF made a commitment to provide Feeding America $1.5 million in funding over three years. The foundation presented the Year 3 grant to Feeding America, which will help support 19 new food banks across the country.

The Joy in Childhood Foundation urges franchisees to nominate local nonprofit organizations they care about to apply for a grant from the Foundation.

Coming off the heels of this year’s event, plans are already in the works for 2020.

The goal is to build on the momentum and make the next one even bigger. Carvalho thinks that’s an attainable goal.

“The bonds that are created during the Week of Joy are unbreakable,” he says.

“For me, the real joy comes from knowing that our actions together make a real difference.”

•

GROW YOUR SALES

10% OR MORE “One day we advertised our 99 cent breakfast oatmeal.

That morning the manager called me to say that we sold out all of our oatmeal. I noticed that whatever we advertise on the LED sign sells fast and usually sells out.”

GIANNA D’ANGELO Dunkin’ Donuts®, Everett, MA

Franchisee Ritesh Patel strikes a pose at Feed More in Richmond, VA

15 INDEPENDENT JOE • APRIL/MAY 2019

Learn more at watchfiresigns.com/donuts

INDEPENDENT JOE • APRIL/MAY 2019 15

I S B A E N Q U N A

ION AT

THE C

SUB HEADLINE

B y Ma t t E l

li s

16 INDEPENDENT JOE • APRIL/MAY 2019

EQUAL PARTS CURIOSITY AND CAUTION ARE BECOMING INFUSED INTO BIG FOOD AND BEVERAGE BRANDS

T

his year on April 20, national food brands stepped up their cutesy cannabis promotions—to tie in with what has become an annual pot-lover’s holiday. The numerical designation 420 is slang for the consumption of cannabis. So on the 20th day of the 4th month, brands like Pizza Hut said “It’s high time for a brownie,” and Dos Toros offered nachos for $4.20 to those who used the secret code “half baked.” But burger chain Carl’s Jr. took the charade even further, offering customers in Denver their Rocky Mountain High Cheese Burger Delight, featuring CBD, the non-psychoactive chemical compound found in the cannabis – or marijuana – plant. The Mile High City was among the first U.S. cities to legalize marijuana for adult use— allowing the skunky scent of pot smoke to waft in its thin air, and Carl’s Jr. became the first national chain to add CBD to a food item for sale. The one-day promotion generated tremendous buzz for Carl’s Jr. and pushed even further the boundaries of America’s growing cannabis culture.

More than 60 percent of Americans now support the legalization of marijuana, so we expect more chains to follow suit.

Rocky Mountain High Cheese Burger Delight

FARM BILL LOOPHOLE

CBD is popping up everywhere from convenience stores to CVS pharmacies, all thanks to a provision in the 2018 Farm Bill legalizing hemp production for industrial use. Hemp is a cannabis plant from which CBD is derived. It does not contain THC, the chemical that gives pot users a psychoactive “high,” but is said to have health benefits, like curbing pain and anxiety.

“There’s a lot of murkiness around what is legal around CBD. The Food and Drug Administration stated it cannot be used in food and dietary supplements, or transported across state lines,” according to Donna Hood Crecca, a principal at the foodservice consulting group Technomic. “It can’t be put into the food system under federal policies, but it can be in oil, tinctures, creams and other products.”

That loophole has boosted what is already a burgeoning cannabis

industry in the United States.

33 states allow medical use of marijuana and 10 states have legalized its use for adults. Food and beverage companies are closely monitoring the public’s appetite for cannabis and their perception that pot should join alcohol as a legal inebriant.

“We are seeing cannabis culture in restaurant marketing. Jack in the Box promoted a $4.20 ‘Merry Munchie Meal’ last year in a joint effort with Snoop Dogg, and Chipotle has an ad that says, ‘Usually when you roll something this good, it's illegal,’ notes Mike Halen, an analyst with Bloomberg Intelligence. “More than 60 percent of Americans now support the legalization of marijuana, so we expect more chains to follow suit.”

Alaska was the first state to pass a social consumption law, which is seen as a major step toward allowing people over the age of 21 to consume marijuana in the same way they drink alcohol in bars. Crecca says Colorado and California are already looking to “anchor new lifestyle centers around cannabis dispensaries and lounges.”

STONERS AND JOINTS

The Coffee Joint in Denver bills itself as “the first licensed social cannabis consumption club and coffee house.”

Adults over 21 can consume marijuana edibles or inhale vaporized liquid; no actual smoking is allowed. Consumers can also buy beverages and snacks to

The Coffee Joint

INDEPENDENT JOE • APRIL/MAY 2019 17

COVER STORY

There is a definite shift happening in the business landscape and within our culture when it comes to cannabis and CBD oil, where now the two are blending and people are really excited about it.

complete the experience. Industry watchers are closely monitoring the Coffee Joint’s success to see how it could be rolled out in other states, especially as the stigma against pot use dissipates.

“The reason we’re seeing this move towards legalization is because there are changes in social norms, it’s been a slow process since medical marijuana came in, but it’s picked up speed in the last six or seven years,” says Crecca.

It should be no surprise then that a pizza brand is leading the charge to infuse cannabis into its tomato, cheese and dough concoctions.

Stoner’s Pizza Joint, once a southernbased mom and pop style restaurant chain, is growing into a major player while capitalizing on the cannabis craze.

“There is a definite shift happening in the business landscape and within our culture when it comes to cannabis and CBD oil, where now the two are

blending and people are really excited about it,” according to Stoner’s president Glenn Cybulski.

“Opening a Stoner’s franchise is more affordable compared to other pizza brands,” costing about $150,000, according to Nick Bergelt, the company’s chief concept officer, who also told Nation’s Restaurant News the chain is developing a line of CBD-infused beverages, oils and sauce. Stoner’s growth strategy also involves large doses of technology and data analytics to improve customer service, as well as utilizing delivery options like UberEats. As one might imagine, Stoner’s already has a strong following among college students, and the company plans future expansion close to college campuses.

A WAIT AND SEE ATTITUDE

According to a recent National Restaurant Association survey, 77 percent of respondents said cannabis or CBD-infused drinks are set to become the top 2019 trend. That may

18 INDEPENDENT JOE • APRIL/MAY 2019

be true, but the top names in coffee – Starbucks and Dunkin’ – are not buying tickets to ride.

During his January 2019 earnings call, Starbucks CEO Kevin Johnson said the company is focused on Nitro branded beverages—with taps that look a lot like Dunkin’s. Cannabis-infused drinks are “not on the road map” right now, Johnson said, suffocating questions that Starbuck’s might take the “higher” road.

An insider at Dunkin’ Brands used virtually the same language when Independent Joe asked whether cannabis-infused coffee or treats are something under discussion in Canton. “It’s not on the roadmap for us,” the insider said.

“The chains are light years behind, and much more conservative for all the reasons we can imagine,” says John Gordon, founder of Pacific Management Consulting Group and DDIFO’s Restaurant Analyst. “Chains think about conformity and everything the same everywhere.”

Crecca echoes the sentiment, citing a report Technomic produced last year called, “The Marijuana Effect.”

“What we saw in research was a higher propensity to incorporate [cannabis] into menus from independent operators, which is logical. Publicly traded companies would be last to join in. There is the regulatory piece and there is brand positioning, you

BY JUSTIN M. KLEIN, ESQ.

Barbary Coast

have to know your customers and understand their receptivity to these items. Is it appropriate for your brand?”

Gordon points out three conditions that would create the ideal situation for a chain to experiment with using cannabis:

1. Young guests 2. A blue-state location 3. Late night drive-thru customers

he workplace is supposed to be a safe environment to better allow employees to maximize their productivity and their work experience. Surely, one thing that helps motivate employees is how comfortable they are in the workplace or in their working environment. To that end, many employers implement policies to address drug and alcohol use, which, naturally can interfere with those ideals. Indeed, many companies also require mandatory drug testing as a condition of employment with the goal of curbing any potential issues that can arise from employees using drugs or alcohol during work hours. For many years this practice has been generally accepted in jurisdictions across the United States.

However, what was once a settled landscape now faces some turmoil as a result of new laws legalizing marijuana not just for medical use, but also for recreational use.

CONT. PAGE 20

The cannabis crowd overlaps largely with the customers Dunkin’ and other major brands are trying to woo into their tent: Gen Z’ers. That bumper crop of customers in their mid-20s grew up with more available sources for food and drinks than any time before. They can buy local grub from food trucks; they can choose a brew that comes from responsibly-sourced coffee beans; and they can imbibe new varieties of whiskeys and IPAs. “Now they have options for cannabis and alcohol,” Crecca says, pausing to ask the critical follow-up question: “How do you connect with them and get their attention where there is so much available to them?”

The answer may be found at places like the Coffee Joint and the Barbary Coast, a cannabis dispensary that features a speakeasy type bar with red wallpaper and “budtenders,” who help customers get stirred with a shake of flower or a dab of cannabis extract. There is no question cannabis is now part of the culture.

Industry watchers believe it won’t be long before the major chains decide it’s time to partake.

•

INDEPENDENT JOE • APRIL/MAY 2019 19

A LOOK AT THE LAW

Marijuana in theWorkplace T

A LOOK AT THE LAW

Marijuana in the Workplace CONT. FROM PG 19

Marijuana is a drug derived from the cannabis plant and remains classified as an illegal drug under United States federal law. But, already more than 30 states and the District of Columbia allow legal use of medical marijuana; 10 states and D.C. have passed laws making it legal for adult use as well.

As a result of the changing legal landscape, employers are now increasingly faced with new issues relating to employee use of marijuana. Can a medical patient use the drug at work? What happens if a prospective employee fails a drug test? Some guidance can be found in the way employers approach alcohol use in the workplace; just because drinking is legal, it doesn’t mean it’s legal to use it at work. That point, however, fails to accommodate workers who use marijuana to remedy anxiety or nausea or arthritis.

Franchise owners need to understand the laws of the state in which they operate as it relates to marijuana use, and have a policy in place to avoid any potential conflicts with employees.

What’s more, Dunkin’ franchisees need to be in compliance with the language in the Dunkin’ form franchise agreement, which includes (some version) of the following provision: Obey All Laws. You agree to comply with all civil and criminal laws, ordinances, rules, regulations and orders of public authorities pertaining to the occupancy, operation and maintenance of the Store and Premises, including those relating to health, safety, sanitation, employment, environmental regulation, public access and taxation.

As such, franchisees need to be sure any policy that is implemented is done so in accordance with the law, in order to avoid any potential violation of the franchise agreement.

Because federal, state and local laws can be in conflict with respect to marijuana use in the workplace, understanding the impact of these laws on the operation of your store is

One thing is certain, the law is going to continue to evolve. It will be incumbent on employers to stay current with the legal developments to ensure they have the most up to date information more critical than ever. What’s more, franchisees must understand the employee’s rights regarding the use of medical marijuana in the workplace in order to avoid any potential litigation over a policy that an employee can claim is discriminatory. As franchisors take a hands-off approach to providing guidance over the treatment of franchisees’ employees – to avoid issues related to perceived joint employment – the operators are largely on their own to navigate what can be a very tricky situation.

One common question reverberating through the franchise world is: Can I still drug test my employees and, if they test positive for marijuana, can I terminate them? The answers require some careful thought and may vary depending on where your stores are located.

Generally, there is nothing that prohibits a franchise owner from drug testing employees in accordance with the law; or for terminating an employee for violation of a defined drug policy.

That is why it is helpful to have a clearly defined policy in place to protect franchisees from claims made by employees who are terminated for using marijuana, even for medical reasons.

But, while a clearly defined policy can help, there is still confusion around the issue because the laws are still evolving. For example, the Americans with Disabilities Act, or the ADA (a federal law), prohibits employers from terminating employees on the grounds of a disability. However, the law now says the ADA does not protect employees from termination for an illegal act, which would include the usage of marijuana under the federal law.

Moreover, state anti-discrimination laws may apply even in cases where the

20 INDEPENDENT JOE • APRIL/MAY 2019

federal ADA does not. There are several recent cases in various locales that have permitted cases to proceed under state or local law against employers for discrimination on the grounds that an employee was terminated for testing positive for marijuana because he used the drug for medicinal purposes.

Courts are tending to look closely at the employer’s workplace policies and whether terminations are consistent with those policies. In certain states, employers may face liability if an employee is fired simply because they have been found to be using marijuana while at work, rather than proving the use of marijuana – even for medical purposes – causes impairment or the inability to perform jobs tasks safely.

In other words, an employee that is potentially impaired by the use of their medication could face a safety hazard while using machinery such as ovens, or other baking equipment.

“One thing is certain, the law is going to continue to evolve. It will be incumbent on employers to stay current with the legal developments to ensure they have the most up to date information,” advises Dr. Malik Burnett, a physician and leading national expert on marijuana and drug policy reform. “It is also advisable to have qualified professionals help guide you through decisions you may make in creating policies relating to marijuana or dealing with your employees’ use of marijuana on the job.”

We would add, it is critical to not only be aware of the laws that affect marijuana in the workplace, but also to appreciate how they interplay with your franchise agreement.

•

Justin M. Klein is a founding partner of Marks & Klein LLP, a nationally recognized franchise focused law firm with offices in New Jersey, New York City, Chicago and Boca Raton.

FRANCHISEE PROFILE

Experience Guides Franchisee in Rugged Northern Colorado

By Debbie Swanson

D

oug Patterson’s franchising knowhow is a culmination of many different experiences: from working on the franchisor side, to teaching the business at the college level, to being a board member with the International Franchise Association. Today, Patterson, with his business partner Cameron Stapleton, has become the largest Dunkin’ franchise group in Colorado, developing the northern part of the Rocky Mountain State.

Bringing the brand to a new region Patterson’s career began in hotel and tourism, where he spent 25 years with the Windham Hotel Group, eventually serving as Chief Operating Officer. After leaving Windham, he designed a franchising course for the entrepreneurial program at the Coles College of Business at Kennesaw State University in Georgia.

He taught the course for eight years, and was so energized by the students and speakers he worked with, he was eager to put his knowledge into practice. In 2014, Patterson and Stapleton set their sights on Dunkin’. Since Dunkin’ was already prominent in the south – Patterson’s home base - they looked elsewhere for

a development area that could support growth.

“We liked Denver, but that was sold out, and so we looked at Northern Colorado, and settled on the Ft. Collins area,” Patterson recalls.

Dunkin’ had an earlier run in Colorado during the 1990s, but the brand largely disappeared from the rugged landscape, until the brand started its aggressive national expansion in the mid-2000s. The duo secured a three-store development agreement and opened their first shop in 2014; two more Dunkin’ - Baskin Robbins combos soon followed. A year later, after their initial shops began humming along, they opened two APODs. The first is at the 7,200 seat multi-purpose venue Budweiser Events Center in Loveland, CO, which serves coffee, hot beverages, munchkins, and ice cream.

The second was a Dunkin’ – Baskin combo in the Power 2 Play sports arena, a multi-sport

venue in Windsor, CO. While east-coast transplants are always enthusiastic to see a Dunkin’ open up in their new neighborhood, Patterson says part of the challenge of moving west is introducing the brand to the community.

Opening days are always an opportunity to help generate a buzz, and the Colorado stores celebrated with special events and giveaways. But opening day of the Loveland Dunkin’ turned out to be about much more than just a promotion. When

INDEPENDENT JOE • APRIL/MAY 2019 21

Patterson and Stapleton learned that Jeff Huttinga, supervisor of the local construction company that was building their shops, was battling ALS, they wanted to help. The franchisees decided they would donate 10 percent of their opening day sales at their three new Dunkin’ shops to help offset Huttinga’s medical expenses. They set up fun activities to raise extra funds, including a “Dunk” tank donated by the construction company (with local schoolteachers in the hot seat) a Plinko game (right out of the “Price is Right” TV show) and other family-friendly activities.

Raising recognition of the power of franchisees Since its establishment in 1960 by Dunkin’ Donuts founder William Rosenberg, the International Franchise Association (IFA) has worked to promote and enhance franchising. During his two year position on the IFA’s board or directors, Patterson enjoyed the unique opportunity to lobby in Washington, D.C. on behalf of issues that affect franchising. The experience provided a wider view of the industry as a whole. He

describes the opportunity as “eye opening” and one which raised his awareness of the incredible power franchising has on the U.S. economy.

there’s the tax windfall; local shops don’t contribute the same kind of sales tax that we do,” he says.

“An initiative that we began, and that is still moving forward today, is to pull all franchisees together as a collective group,” to share common issues Patterson says. “Minimum wage, health care, immigration—we all share the same concerns, but the franchise industry doesn’t have the collective clout with lawmakers that it should have.” It is imperative that franchisees act together in their own best interests to leverage their potential clout. The IFA has tried to pull franchisees together on certain issues, and the Coalition of Franchisee Associations does so regularly.

While the Dunkin’ name may be new to Northern Colorado, the region’s love for coffee isn’t; over the past few years, the area has become rich with local and independent coffee shops.

This collective recognition also extends to the role that franchisees play in their local community. For example, he points to the common trend among shoppers to favor the small, independent retailor over a chain. “What isn’t often recognized is the positive impact that chains have on their local communities. For example,

And, even with Dunkin’s “Beverage First” position, Patterson and Stapleton haven’t shied away from promoting donuts as well as coffee.

22 INDEPENDENT JOE • APRIL/MAY 2019

Dealing with brewing competition

“The challenge now is the number of new coffee competitors in the area. When we opened in Windsor three years ago, there were two grocery-store based Starbucks,” Patterson reports. “Today there are three Starbucks, a Human Bean, Ziggi’s, Dutch Bros, and some private label coffee shops.

We experienced a drop in business as a result, no doubt.”

“We’re re-tooling and planning to compete more on the donut side, than on beverages,” he says, noting two upcoming

FRANCHISEE PROFILE spring promotions that feature donuts at center stage. The first is a buy one-get one promotion on a dozen donuts; the other offers two free boxes of Joe with every five dozen donuts purchased—a deal designed to appeal to Loveland businesses.

is a good thing,” he says. “It’s more than just understanding franchising; young franchisees are eager to own their own businesses, and they have a greater understanding of the wealth that franchising can bring.”

Drive-thru business is vital in Colorado with its harsh winters. Other coffee retailers feature drive-thru, but most don’t offer an On-the-Go option like Dunkin’ and Patterson says that represents a great opportunity for them to chisel away at established customer habits that drive customers to local coffee shop chains like Ziggi’s and the Human Bean.

As for Dunkin’, Patterson believes the brand faces an ongoing challenge to secure its niche in an increasingly competitive coffee market.

Looking at the future Patterson’s broad view of franchising makes him believe the next generation of franchise owners will bring their own fresh and positive ideas to the industry.

“Today, many colleges and universities are teaching an entrepreneurial track.

Young franchisees will be coming into the industry more educated and will be more demanding of the franchisor, which

“Coffee competitors command a higher price, but Dunkin’s recent beverage roll out points to beverage sales, but not higher prices,” Patterson says, asking, “[Where] does it fit into the coffee marketplace?”

Patterson is pleased with his team’s successful entry into a new region, and continued growth. Having now launched five Dunkin’ shops, he and Stapleton are always looking for their next opportunity.

They already have their eye on possible development on the campus of Colorado State University. “When the opportunity comes along, we’ll take it,” he says.

•

Quality representation for Dunkin Franchisees for over 50 years

We Know Your Business.

Franchise Corporate & Business Real Estate & Development Employment Trust & Estate Planning Litigation

Lisa & Sousa Ltd. is general counsel for the Dunkin Donuts Independent Franchise Organization (DDIFO) with over 50 years of collective experience representing multi generational Dunkin Donuts franchisees in the acquisition, financing, development, structuring, transitions and transfer of franchised and other businesses.

5 Benefit Street, Providence, RI 02904 Tel: 401-274-0600 Email: clisa@lisasousa.com

www.lisasousa.com

AV® Rated by Martindale-Hubbell Signifying the highest standards of legal proficiency and ethics.

The Rhode Island Supreme Court licenses all lawyers in general practice of law. The Court does not license or certify any lawyer as an expert or specialist in any field of practice.

DDIFO

Business Member 2019

INDEPENDENT JOE • APRIL/MAY 2019 23

DDIFO

Business Member 2019

Directory Business Members Directory ofof Business Members

ACCOUNTING Adrian A. Gaspar & Company, LLP, CPAs Robert Costello 617-621-0500 • cpas@gasparco.com 6 Kimball Lane, Ste. 150, Lynnfield, MA 01940 www.gasparco.com

DGC (DiCicco, Gulman & Company LLP)

Daniel E. Gaudet 781-937-5142 • dgaudet@dgccpa.com 150 Presidential Way, Ste. 510, Woburn, MA 01801 www.dgccpa.com

H&R Block

Kelly Cataudella 917-674-2126 • kelly.cataudella@hrblock.com 555 Seventh Ave., New York, NY 10018 www.hrblock.com

Marcovich, Mansour & Capobianco, LLC

Joseph A. Mansour, Jr. 401-334-9099 • jmansour@mm-cpas.net 640 George Washington Hwy. Bldg C Suites 200-201, Lincoln, RI 02865

BACK OFFICE Jera Concepts

Wynne Barrett 508-686-8786 • wynne@jeraconcepts.com 17 Fruit St, Hopkinton, MA 01748 www.jeraconcepts.com

BUILDING Persona Signs, Lighting, Image

Susan Koelzer 800-843-9888 x390 • skoelzer@personasigns.com 700 21st Street SW, Watertown, SD 57201 www.personasigns.com

Poyant Signs

SignResource

Brian Choquette 203-672-6605 • bchoquette@kobiona.com 67 West Main Street, Suite 412. Clinton, CT 06413 www.kobiona.com

Watchfire Signs

Jodi Maurer 413-733-2571 x218 • jmaurer@sesenergy.org 12-14 Somers Rd., East Longmeadow, MA 01028 www.sesenergy.org

Bill Gavigan, Jr. 860-324-1353 • bgavigan@poyantsigns.com 125 Samuel Barnet Blvd, New Bedford, MA 02745 www.poyantsigns.com Mike Blinkhorn 323-562-7638 • mblinkhorn@signresource.com 6135 District Blvd, Maywood, CA 90270 www.signresource.com David Watson 205-542-7881 • David.Watson@watchfiresigns.com 1015 Maple St, Danville, IL www.watchfiresigns.com

BUSINESS BROKER National Franchise Sales

Ellen Hui 949-428-0498 • eh@Nationalfranchisesales.com 1601 Dove Street, Ste. 150, Newport Beach CA 92660 www.nationalfranchisesales.com

COMMUNICATIONS Yext

Angela Berger 774-488-9251 • aberger@yext.com 21 Wormwood St., Unit 608, Boston, MA 02210 www.yext.com

COST RECOVERY EF Cost Recovery

Ed Craig 774-263-7388 • ecraig3@efcostrecovery.com 32 William St, New Bedford, MA 02740 www.efcostrecovery.com

Fullerton Building Systems, Inc.

Julie VerSteeg 800-450-9782 • julie.versteeg@fullertonbuildingsystems.com 34620 250th St., Worthington, MN 56187 www.fullertonbuildingsystems.com

ENERGY Kobiona

Secure Energy

FINANCE Bank of America/Merrill Lynch

Kathy Kutz 352-642-1435 • Kathy.Kutz@baml.com 2627 NW 43rd St., Gainesville, FL, 32606 www.bankofamerica.com

BankNewport

Paul Sousa 401-578-1210 • paul.sousa@banknewport.com PO Box 450, Newport, RI 02840 www.banknewport.com

Bank RI

Tom Fitzgerald 401-574-1119 • tfitzgerald@bankri.com One Turks Head, Providence, RI 02903 www.bankri.com

Bridge Funding Group, Inc.

Trey Peters 717-347-7721 • tpeters@bankunited.com 215 Schilling Circle, Ste. 100, Hunt Valley, MD 21031 www.bridgefundinggroupinc.com

CIT

Chris Wren 214-675-3333 • Christopher.Wren@cit.com 155 Commerce Way, Portsmouth, NH 03823 www.cit.com

DDIFO® does not endorse or recommend commercial products, processes, or services. A DDIFO® Business Member is paying to advertise, and it is not to be considered a product or service endorsement by DDIFO®. Furthermore DDIFO® does not control or guarantee the currency, accuracy, relevance or completeness of information provided by sponsors in their advertising.

24 INDEPENDENT JOE • APRIL/MAY 2019

PLEASE VISIT THE DDIFO BUSINESS MEMBER DIRECTORY ONLINE AT WWW.DDIFO.ORG Eastern Bank

Netspend a TSYS Company

Deborah Blondin 603-606-4724 • D.Blondin@Easternbank.com 11 Trafalgar Square, Ste. 105, Nashua, NH 03063 www.easternbank.com

Lacey Daniel 404-606-0893 • ldaniel@netspend.com 1591 Millspring Dr. Apt #106, Fort Mill, SC 29715 www.netspend.com

First Franchise Capital

Paychex

Bill Nicholson 317-428-3835 • bill.nicholson@firstfcc.com 8888 Keystone Crossing, Ste. 1700, Indianapolis, IN 46240 www.firstfranchisecapital.com

Kathleen Aaskov 207-415-1230 • kaaskov@paychex.com Fax: 877-841-9028 www.paychex.com

Northern Bank & Trust Company

TPI - True Payroll Integration

Kelley Munsell 781-569-1584 • kmunsell@nbtc.com 275 Mishawum Road, Woburn, MA 01801 www.nbtc.com

Pacific Premier Franchise Capital

Sharon Soltero 402-562-1801 • ssoltero@ppbifranchise.com 3154 18th Avenue, Ste. 3, Columbus, NE 68601 www.ppbifranchise.com

DTT

Mira Diza 800-933-8388 • mdiza@dttusa.com 1755 North Main St, Los Angeles, CA 90031 www.dttusa.com

Ecolab

Michael Vuolo 800-737-8234 • Michael.Vuolo@ecolab.com 1 Edgewater Dr. Ste. 210, Norwood, MA 02062 www.ecolab.com

Georgia-Pacific

Andy S. Aziz 203-930-1373 • andy@tpipay.com 2349 Black Rock Tpke., Fairfield, CT 06825 www.tpipay.com

Turk Enustun 317-432-8809 • Turk.Enustun@gapac.com 12425 Buccaneera Dr., Fishers, IN 46037 www.gppro.com

INSURANCE Intrepid Direct Insurance

Brady Campbell 858-535-6034 • bcampbell@hme.com 14110 Stowe Dr, Poway, CA 92064 www.hme.com

Neto Insurance Agency

Emily Wiley 832-925-5283 • Emily.Wiley@us.loomis.com 2500 Citywest Blvd., Ste. 2300, Houston, TX 77042 www.loomis.com

Starkweather & Shepley Insurance Brokerage, Inc.

Christina Trammell 972-548-1850 • christina@mcdinnovations.com 3303 N. McDonald St. McKinney, TX 75071 www.mcdshades.com

HME Drive-Thru Headsets

Paycor

Nick DiCarlo 913-217-4281 • ndicarlo@intrepiddirect.com 10851 Mastin Blvd, Ste. 200, Overland Park, KS 66210 www.intrepidinsurance.com

Sands Investment Group

Stephen Neto 508-678-9068 • steve@netoinsurance.com 1468 Pleasant St, Fall River, MA 02723 www.netoinsurance.com

Jim Curran 412-721-3404 • jcurran@paycor.com 2009 Mackenzie Way, Cranberry Twp., PA 16066 www.paycor.com/franchise-solutions Kaveh Ebrahimi 805-889-7837 • kaveh@signnn.com 2701 Ocean Park Blvd., Ste 140, Santa Monica, CA 90405 www.signnn.com

Sterling National Bank

Lindy Baldwin 402-312-2542 • lbaldwin@snb.com 500 7th Ave., 3rd Floor, New York, NY 10018 www.snb.com

LEGAL

TD Bank

Carl Lisa, Sr. 401-274-0600 • clisa@lisasousa.com 5 Benefit St, Providence, RI 02904 www.lisasousa.com

Peter J. DiFilippo 401-525-6771 • Peter.DiFilippo@td.com 180 Westminster St, Providence, RI 02903 www.tdbank.com

Wintrust Franchise Finance

Sandra McCraren 847-432-2488 • smccraren@wintrust.com 9700 W. Higgins Road, 1st Flr, Rosemont, IL 60018 franchise.wintrust.com

CertiPay

Green Dot/rapid! PayCard

Todd Rouse 800-637-8606 • Todd.Rouse@bunn.com 1400 Stevenson Dr., Springfield, IL 62703 www.bunn.com

Danielle Post 813-300-6953 • dpost@certipay.com 130 Bates Ave. SW, Ste. 101, Winter Haven, FL 33880 www.certipay.com Edward Cole 813-340-3276 • scole@greendotcorp.com 2266 Bascom Way, Clearwater, FL 33764 www.rapidpaycard.com

SKAL East, Inc

Carl Huerth 781-806-3139 • carl@skaleast.com 131 Padelford St., Berkley MA 02779 www.skaleast.com/index.cfm?keyword=dunkin

TGC Development Group

Chris Hitchcock 316-393-6802 • chris@tgcdevgroup.com 125 N Emporia, Ste. 202, Wichita, KS 67202 www.tgcdevgroup.com

3M Company

Bill Muenkel 952-484-4875 • wemuenkel@mmm.com 3M Center, 220-12E-04, St. Paul, MN 55144 www.3M.com/communications

HUMAN RESOURCES

Prince Castle/Silver King

David Paris 973-228-6667 • dparis@parisackerman.com 103 Eisenhower Parkway, Roseland, NJ 07068 www.parisackerman.com

OPERATIONS

New England Drive-Thru Communications

Angela Bechard 603-475-2046 • angela@nedrivethru.com 999 Candia Rd. Ste. 7, Manchester, NH 03032 www.nedrivethru.com Zachary Waas 630-873-0088 • waaz@princecastle.com 355 East Kehoe Blvd., Carol Stream, IL 60188 www.princecastle.com

Lisa & Sousa Attorneys at Law Ltd.

Paris Ackerman LLP

Loomis

MCD Innovations — Airxcel, Inc.

Sabrina San Martino 800-854-4625 ext. 1121 • ssanmartino@starshep.com 60 Catamore Boulevard, East Providence, RI 02914 www.starkweathershepley.com

TCF Franchise Finance

Tom Bessinger 952-656-3272 • tbessinger@tcfef.com 11100 Wayzata Blvd., Ste. 801, Minnetonka, MN 55305 www.tcfef.com/franchise

DDIFO

Business Member 2019

Bunn-O-Matic Corporation

Cardtronics

Tom Spooner 973-452-4131 • tspooner@Cardtronics.com 628 Route 10 - Ste. 8, Whippany, NJ 07981 www.cardtronics.com

Thank You to Our Business Members!

INDEPENDENT JOE • APRIL/MAY 2019 25

PHOTO STORY

NE REGIONAL MEETING

Local TV Host Chronicles the Importance of Information

26 INDEPENDENT JOE • APRIL/MAY 2019

Dunkin’ franchisees from across New England gathered in late April for the annual NE regional meeting. DDIFO invited new business members to join the event at the Sheraton Needham Hotel.

Labor attorney Dan Field, a former Chief of the Massachusetts Attorney General's Fair Labor Division, was a featured speaker and touched on critical issues like Joint Employer, the Massachusetts “grand bargain”, Rhode Island’s Sick & Safe Leave law as well as New Hampshire's new youth employment law among others.

Boston television newsman Anthony Everett was a special guest at the meeting. Everett is the host of the long-running local TV magazine “Chronicle” and a former reporter on station WCVB. Everett’s speech centered on how people get their information today and the importance of checking their sources to validate the information they use to make personal, political and professional decisions.

Having a reliable lender is so refreshing

FRANCHISEE FINANCING FOR Remodeling Lines of Credit Real Estate Restructuring Refinance Building and Acquiring Stores

ppbifranchise.com

402.562.1800

Persona, Inc., an approved Dunkin’ Brands full-service signage vendor, designed and installed an out-of-this-world custom sign for Dunkin’s Roswell, New Mexico location.

SIGNS | LIGHTING | REBRANDING/REIMAGING DIGITAL PRINTING | DRIVE-THRU COMPONENTS 800.843.9888

·

personasigns.com