FRL Apr/May 2011 by John Baker

O F F I C I A L P U B L I C AT I O N O F T H E F LO R I DA R E S TA U R A N T & LO D G I N G A S S O C I AT I O N

COOL NEW

APRIL/MAY 2011

BEVERAGE TRENDS Try This | For Beer Lovers | Wine Tips Increase Bar Profits | Avoid a Sting

WWW.RESTAURANTANDLODGING.COM

SECRETS OF SUCCESS

MOM & DAD’S

One of Tallahassee’s Favorite Italian Restaurants for Nearly 50 Years

FRL_16-02.indd 2

6/21/11 8:50 AM

F rom t h e c h a i r m a n ’ s de sk

Accept the Challenge Make a Commitment to Hold One Annual Event With Proceeds to Charity to Feed the Hungry

By Dave Reid

t is estimated that 925 million people worldwide suffer from hunger. For many Americans, this global crisis is difficult to understand. But, the brutal reality is that there are many people in need that are living within our own communities. The U.S. Department of Agriculture’s Economic Research Service (USDA) reported that more than 50 million Americans, including more than 17 million children, are food insecure – meaning they lack consistent access to a nutritious, well-balanced diet. In short, one in six Americans are at risk for hunger. At my installation as Chairman of the Florida Restaurant and Lodging Association, I challenged my fellow restaurateurs and our hoteliers to try and hold one event this year that dedicates some of the proceeds towards helping the hungry. Miller’s Ale House has generously committed to Miller’s Ale House Executive Vice President of Operations, Dave Reid (center), and Ale House give back to our neighbors in need at a charitable President Ray Holden serve up a meal from their campaign to encourage fellow FRLA members to give back to their local communities and help fight hunger. event in late April. Miller’s Ale House fed approximately 600 of our neediest neighbors at an Easter Celebration Brunch. In coordination with “Harvest of Hope”, an East Orlando food pantry that operates out of The New Covenant Church of Central Florida, Miller’s Ale House also provided 350 Easter baskets to those children of this community who would not normally have anything. Next Miller’s Ale House hosted its annual charity Golf tournament. This year we announced “Meals of Hope” as the primary recipient of the funds raised at this golf tournament. Miller’s Ale House dedicated over $7,000 to purchase 46,000 packaged meals for this food packing program to help those in need within local communities. Continued on Page 3

FOR INFORMATION ABOUT OTHER FRLA EVENTS VISIT FRLA.ORG w w w.Res t au ra n t A nd Lodgi ng.com

FRL_16-02.indd 3

F lo r i da R estau r a n t & Lo d g i n g

6/21/11 8:50 AM

Miller’s Ale House Restaurant Execs Giving Back

Chris Frawley, Divisional Vice President, Keith Fraser, Director of Purchasing, Quentin Lapeyrouse, GM, (Alafaya location), and David Reid, Executive Vice President of Operations and 2011 Chairman of the Board Florida Restaurant and Lodging Association, with Easter baskets made available to 350 children in central Florida.

Chairman

Continued from Page 3 On the first day of the FRLA Summer Board meeting (Tuesday June 14), we will be conducting a team challenge to assemble 40,000 meals! We might not be able to save the world, but perhaps we can all try to offer a little help to our corner of it. — Dave Reid, CEO, Miller’s Ale House and FRLA’s 2011 Chairman

Meals of Hope Charity Team Challenge Packaging of 46,000 meals for the hungry •

•

Sponsored by Miller’s Ale House, FRLA, Ecolab, CTB Foodservice Consultants, and the Ritz Carlton Naples Beach Resort Teams of 8 -10 assembled 46,000 meals to be distributed to local families in need.

4 A pr i l / M ay

FRL_16-02.indd 4

2011

Big Bucks Partner

2007 Supplier of the Year!

Complete Statewide Coverage

For ALL Your PROPANE Needs! Learn How You Can Receive 100 Gallons Of FREE Propane! BOOTH# 2317

Regional Pricing Programs & Full Service Patio Heater Programs Available! Call TODAY & Let Us Help Fuel Your Bottom Line!

(770) 457-2338 tom.hayes@amerigas.com

Automatic Delivery • 24/7 Emergency Service • Flexible Payment Options www.amerigas.com F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

6/21/11 8:50 AM

contents APRIL/MAY 2011 • WWW.RESTAURANTANDLODGING.COM

17 Coca-Cola® Freestyle Expands in Florida The new dispenser from The Coca-Cola Company provides 125 drink choices and adds a helping of fun to how guests enjoy beverages with their meals. | By Harry Price

18 Anatomy of a Sting The best way to avoid the negative consequences of a sting: Make sure your employees are trained properly. | Interview with Richard Turner

23 Increase Your Bar Profits Not many operators have either the time or proper tools to perform a unit analysis of usage to sales by drink recipe portion. Here are a couple proven procedures to implement until you can hire an inventory specialist. | By Mike Whitlow

24 Secrets of Success: Mom & Dads A new feature showcasing long-lived FRLA members. This issue: Mom & Dads, which, for nearly 50 years, has been one of Tallahassee’s favorite Italian restaurants. | Interview with Diane Violante McLean by Susie McKinley

w w w.Res t au ra n t A nd Lodgi ng.com

FRL_16-02.indd 5

Departments

3 6 8 9 10 12 15 19 20 27 28 32 29 33 35 36 37 38

From the Chairman’s Desk Accept the Challenge, Dave Reid Fishing Tournament Highlights Thanks Sponsors! Business Climate State Raises Minimum Wage June 1 CEO Forecast Mark Frisch, EVP, Beaver Street Fisheries Legislative Report FRLA Holds Line on Bed Tax Member News Firehouse Subs, Hilton Sandestin Tornado Relief Efforts A La Carte Cool Web Apps, Unique Amenities, Movers & Shakers For Beer Lovers Better Beer Means Better Profits for You Try This Wine Tips from Jim Shirley; Jack Daniels Honey, Royal-Tini Going Green Making Cents of the Green Movement by Chris Lewis Honors Omni ChampionsGate One of World’s Top Golf Resorts Chefs That Sizzle Chef Doug Bebell, The Mystic Fish Conservation Sheraton Vistana Resort and Progress Energy Employment Take This Tip: DOR’s New Rules for Tipped Employees Renovation Hilton Sandestin Re-Opens Barefoot Food Safety Allergen Awareness Poster Available Event Calendar FRLA 2011-2012 Corporate Events and Shows CPFM Exam Schedule Register at www.SafeStaff.org F lo r i da R estau r a n t & Lo d g i n g

6/21/11 8:50 AM

Fishing Tournament Highlights 1

6â&#x20AC;&#x201A; A pr i l / M ay

FRL_16-02.indd 6

2011

F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

6/21/11 8:51 AM

THANKS SPONSORS! Photos 1. Paul Knapp, Greg Williams, Sonia Knapp Fiberbuilt Umbrellas 2. Bill Shumate, Bella’s Italian Cafe & Jeff Barger, Ocean Conservancy 3. CMS Text Boat (2nd place winner for Snook) Eric Potts, Bella’s Italian Cafe; Conrad Carney, CMS Text; Chris Pallutis 4. Heartland Payment Systems Boat (1st place winner Grand Slam) 5. Sun Boat Crew - Richard Shaw, Terressentia; Brad Gamble, Infinite Energy; Ray Green, FRLA; Tom Hayes, AmeriGas; Camilo Calvo, Infinite Energy; Stephanie Fabion, Infinite Energy 6. Amerigas Boat Crew 7. Checkers Corporate Crew 8. CTB Foodservice Consultants Boat

Loggerhead Club & Marina St Petersburg

HOST HOTEL

TradeWinds Island Grand St Pete Beach

For participation or sponsorship Information contact: Dan Murphy, 888-372-9119 ext 235 or email: dmurphy@frla.org FRL_16-02.indd 7

6/21/11 8:51 AM

BUSINESS C L IMATE

State Raises Minimum Wage To $7.31 Per Hour On June 1 Florida Judge Orders State to Raise Minimum Wage In Accordance With State Constitutional Provisions

Circuit Court judge in Leon County, Florida ruled recently that the State of Florida violated Florida’s Constitution by failing to raise the Florida minimum wage on January 1, 2011 to reflect last year’s increase in the cost of living, as required by a constitutional amendment approved by Florida voters in 2004. As a result of the judge’s ruling, the state minimum wage increased to $7.31 per hour effective June 1st of this year. The new minimum wage for tipped workers also rose by 6 cents, from $4.23 to $4.29 per hour. In 2004, Floridians voted by a 72% to 28% margin to amend the state’s Constitution to enact for the first time a state minimum wage. Under the voter-approved amendment, the state minimum wage increases every January to keep pace with any increase in the cost of living during the preceding year, and does not decrease in those rare instances where the cost of living dips. The suit, Cadet et al. v Fla. Agency for Workforce Innovation, was filed in January by the National Employment Law Project, Florida Legal Services, and Tallahassee lawyer William H. Davis, on behalf of individual minimum wage earners and organizations made up of minimum wage workers, including the Restaurant Opportunities Center of Miami, WeCount! Inc. and the Farmworker Association of Florida. The plaintiffs charged that the State had used an erroneous formula in calculating annual adjustments in the minimum wage, instead of using the method required by the Florida Constitution. The Agency’s method resulted in a decrease to Florida’s 2010 minimum wage and would have artificially held down subsequent increases, including 2011’s, by factoring in a brief dip in the cost of living during 2009. Circuit Court Judge Terry Lewis agreed with the plaintiffs ‘ position, ruling that under the 8 A pr i l / M ay

FRL_16-02.indd 8

2011

The Agency’s method resulted in a decrease to Florida’s 2010 minimum wage and would have artificially held down subsequent increases, including 2011’s, by factoring in a brief dip in the cost of living during 2009. Florida Constitution, the minimum wage can never be decreased and that, accordingly, the correct minimum wage this year is $7.31 – six cents more than the $7.25 federal minimum wage. Judge Lewis’ ruling also requires that the state calculate future annual increases to the minimum wage using the formula laid out in Florida’s Constitution. The six cent increase in the minimum wage ordered by Judge Lewis would result in $28 million more wages for lowincome Floridians during 2011, and more than twice that amount in 2012 and each subsequent year. The court ruling clears the way for Florida to join the six other states with similar cost of living provisions in their minimum wage laws. These states – Arizona, Montana, Ohio, Oregon, Vermont, Washington – all kept their minimum wages the same from 2009 to 2010 when deflation occurred, and then went ahead with their usual cost of living increase for 2011. “This is a great result for Florida’s working poor, who are struggling especially hard right now with food and gasoline prices. We believe that virtually every penny of this increase will go right back into the state’s economy, with the cumulative effect of increasing demand and creating jobs for everyone,” said Bill Davis, cocounsel for the plaintiffs. The State’s updated notice informing employers of these new minimum wage rates is available at http://www.floridajobs.org/minimumwage/ index.htm

Chairman

Dave Reid

Miller’s Ale House, Jupiter Chairman-Elect

Bruce Craul

Legendary Hospitality Inc., Destin Secretary-Treasurer

Andrew Reiss

Andrews 228 and Andrews Capital Grill & Bar, Tallahassee

Carlos Molinet

Hilton Ft. Lauderdale Marina, Ft. Lauderdale

Tony Gallo Midtown Catering, Palmetto

Jim McManemon, Jr. Ritz-Carlton, Sarasota

Immediate Past Chairman

Keith Overton

TradeWinds Island Resorts, St. Pete Beach President/CEO

Carol B. Dover, fmp EDITOR

Susie R. McKinley email: susie@mckinleyhome.com

M AG A ZINE

Publication Manager

John M. Baker

john@restaurantandlodging.com Advertising

Leslie L. Baker

850-545-5023 • leslie@restaurantandlodging.com Published By

Destination Commuications, Inc. 1334 Timberlane Rd., Tallahassee, FL 32312 Phone: 850-545-1362 • Fax: 850-907-8245 Florida Restaurant & Lodging magazine is the official publication of the Florida Restaurant & Lodging Association, Inc. (FRLA). FRLA reserves the right to accept, modify, or reject any and all content submitted for publication, whether paid or otherwise, solely at its discretion. Unless otherwise expressly indicated, FRLA does not endorse or warrant any products or services contained herein. In addition, unless otherwise expressly noted, the opinions expressed herein are those of the authors and not necessarily those of FRLA, its directors, officers, members, or staff. Content submissions may be made to the Publisher’s Office by regular mail or by e-mail. Please note that submitted materials will not be returned. FRLA Headquarters 230 S. Adams St. Tallahassee, FL 32301 850/224-2250 Fax: 850/224-9213

Publisher’s Address 1334 Timberlane Rd. Tallahassee, FL 32312 850/545-1362 Fax: 850/907-8245

Ad Rates and Submission Guidelines at www.RestaurantAndLodging.com Florida Restaurant & Lodging magazine (USPS 002-629; ISSN 104403640) is published bi-monthly. FRLA Members receive this publication as part of their membership dues. Non-members receive it as a marketing and promotion effort to inform the Florida foodservice and lodging industry of efforts made on its behalf by FRLA. Printing and mailing services: Boyd Brothers Printing, Inc., Panama City, FL. Address changes may be sentrto: PO dBox F lo r i da R estau a nFRLA, t & Lo g i n1779, g A sTallahassee, so ci at i o nFL 32302 or via email to susana@frla.org. Subscription address changes (digital or US Mail, can be made at www.RestaurantAndLodging.com, and click the Manage Subscription tab.

6/21/11 8:51 AM

F L ORIDA RESTAU RANT & L OD GING ASSOCIATION

forecast Mark Frisch

Executive Vice President Sales and Marketing Beaver Street Fisheries (BSF) With revenue topping more than $480 million in 2009, Beaver Street Fisheries is North America’s eighth-largest seafood importer and distributor. Mark Frisch, just 30 years old, is the fourth generation in his family to assume managerial responsibilities in Beaver Street Fisheries, the company that was founded by his great grandmother 60 years ago. Beaver Street Fisheries exec Mark Frisch has dedicated his life to the family business. He started working with BSF as a kid and joined the sales force right after college. His dedication and hard work has resulted in his swift rise to executive vice president over sales and marketing. Frisch is proud of the company’s rich history and progress and is committed to moving the company forward. His vision for the future of Beaver Street Fisheries includes increasing company sales by $250 million over the next three years.

What do you think will be the biggest industry trend in 2011?

One of the biggest trends we are seeing for 2011 is a renewed focus on sustainable seafood within both the retail and foodservice industry. Retailers and operators are changing their seafood policies to ensure they are receiving certified, sustainable seafood from their suppliers. At Beaver Street Fisheries, we’ve always had a great respect for the resources that fuel our industry because we live near the sea that supports our family business. We undergo voluntary certification for “Best Aquaculture Practices (BAP)” with the Aquaculture Certification Council (ACC) and are also currently working to certify our Bahamian Lobster Fishery as a “Certified Sustainable Fishery”.

What is the single greatest factor in the success of your business?

Definitely our customer service – we have an amazing team here at BSF and pride ourselves on ensuring our customers receive the highest quality services we can give. We work with foodservice operators to help them develop seafood offerings that complement their menus and appeal to

Mark Frisch

their customers. From our ability to source the best seafood and provide solutions for our customer’s business to ensuring on time delivery, the service we provide is a huge factor in our success.

Is there anything you would like to share with Florida’s hospitality industry members?

While Florida is known for its good supply of fresh seafood, frozen is also a great option for this particular industry. Stringent quality control standards help to ensure it provides the same quality customers expect from fresh seafood, with greater operational convenience.

How has your business strategy changed over the last few years?

One of the greatest shifts has been in how we approach our product development. It’s now about providing value-added products to our customers that are not only aligned with consumer taste trends but also help operators take advantage of opportunities and overcome operational constraints.

Infinite Energy, Inc. is Florida’s largest independent natural gas provider, proudly serving Florida’s restaurants and hotels for over 10 years. Lock in all or a portion of your natural gas usage for up to 5 years so you can protect yourself against soaring energy prices and save money versus your local utility. Special discounts apply for FRLA members! Call 877-IVE GOT GAS for more information!

w w w.Res t au ra n t A nd Lodgi ng.com

FRL_16-02.indd 9

F lo r i da R estau r a n t & Lo d g i n g

6/21/11 8:51 AM

L E GIS L ATI V E RE P ORT

2011 Sine Die Report

Governor Scott Approves Florida’s 2011-12 Budget In FRLA Holds the Line on Bed Taxes, Helps Maintain In

his may have been one of the most difficult legislative sessions I’ve ever experienced. There were over 2500 bills filed and FRLA monitored or actively lobbied 177 bills. Nearly every issue we encountered this year was controversial in some aspect and carried with it the potential to directly and often time negatively impact the hospitality industry. Even the legislators appeared more irritated and stressed than usual. The development of the state budget was hard, deciding which programs were to be cut and which programs were to receive funding. Who doesn’t have an opinion on immigration, unemployment compensation, destination casinos or online travel? While there were many surprises, twists and turns this year, one pole star remained constant: FRLA was at the Capitol working hard to protect your interest. In the end, the 2011 Legislative Session was kind. There were no tax increases. Our HEP program returned to its normal annual funding. There are additional funds being provided to market our state and remove the stain of the Deepwater Horizon Oil Disaster. Our partner, Visit Florida, remains an independent public/ private partnership. There was no expansion of tourist development taxes. Restaurants are free from local government intrusion and can advertise their products to the public without fear that a local ordinance will negatively impact the way they conduct business. All in all, considering the issues involved, it was a good session. — Carol B. Dover STATE BUDGET PASSED (and on time!) Florida lawmakers avoided the embarrassment of an extended session and a possible confrontation with Gov. Rick Scott by finally nailing down details for a budget for the next year. The lean spending plan, amounting to nearly $70 billion, calls for widespread sacrifices across state services, resulting in the elimination of more than 5,000 state jobs, deep cuts to hospitals and other health care providers, less money for public schools, tuition increases for college students and a drop in financial aid. 10 APRIL / M AY

FRL_16-02.indd 10

2011

The budget deal also requires Florida’s firefighters, teachers, police officers and other public employees to pay 3 percent of their salary to help cover their pension costs. Nevertheless, lawmakers still found millions to spend on favored projects in their home districts, tax cuts for businesses favored by Scott and a three-day suspension of the sales tax for certain items for back-to-school shoppers this summer. Many of the final details were resolved in late-night sessions in the Capitol and over private phone calls between top lawmakers. The final deal was announced a day after leading Republicans in both chambers pointed fingers and accused each other of either overspending or pushing money for hometown pork. In the end, the deal was reached the oldfashioned way: brinksmanship followed by a flurry of last-minute changes that enabled GOP leaders in both chambers and the governor to get funding for projects they championed. Through it all, Governor Scott was presented a budget with tax cuts and business incentives that total about $308 million — much smaller than requested, but not bad in a budget year like this one. VISIT FLORIDA REMAINS INDEPENDENT PUBLIC/PRIVATE PARTNERSHIP PASSED • Last Minute Deal Keeps Visit Florida Independent of Newly Formed State Agency • Frla Negotiations on Behalf of Visit Florida FRLA’s legislative team, together with the Florida Association of Convention and Visitor Bureaus, the Florida Attractions Association and many others communicated to the Governor’s Office and Legislative leaders that the best interests of Visit Florida is to remain independent of the proposed government reorganization. Ensuring the independence and the autonomy of Visit Florida’s Board of Directors is critical to the success of Visit Florida. By late session, the House and Senate agreed to leave Visit Florida out of the proposed government reorganization. SB 2156 passed the House and Senate. Visit Florida is funded in the amount of 34.9 million

dollars. The bill was sent to the Governor. SCHOOL TO CAREER FUNDING PASSED Budget Issue: Funding for the “School to Career Program” was included in both the House and Senate budgets. Funding for this program was not contained in the Governor’s budget although that was not unusual. The House and Senate in one of their first budget conference committees AGREED to the line item containing funding for the HEP/ School to Career Program. The State Budget, which was approved by Governor Rick Scott, includes $706,698 for the “School to Career” program. STATE PREEMPTS LOCAL ORDINANCES BANNING MEALS WITH TOYS PASSED NEW REQUIREMENTS REGARDING REMEDIAL TRAINING PASSED The regulation of public lodging establishments and public food service establishments, including, but not limited to, sanitation standards, inspections, training and testing of personnel, and matters related to the nutritional content and marketing of foods offered in such establishments are preempted to the state. Over the past two years, several local jurisdictions (California and others) have passed ordinances prohibiting such menu items as meals with toys. The above provision prevents local governments in Florida from passing such ordinances. Mandatory completion attendance, at personal expense, of a remedial educational program administered by a food safety training program provider whose program been approved by the division, as provided in s. 509.049. This provision simply fills a void created when the Department of Business and Professional Regulation’s Hospitality Education Program (HEP) was statutorily eliminated last year. DBPR often would require violators of Chapter 509 to participate in training offered by HEP. The new requirement merely requires that when DBPR orders remedial training for a violation, it is done through a DBPR approved training program. Signed by the Governor. F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

6/21/11 8:51 AM

t Including $706,000 in School-to-Career Funding in Independence of Visit Florida UNEMPLOYMENT COMPENSATION BILL PASSED Florida Legislature approved an unemployment compensation bill. Under proposed bills, Florida unemployment benefits will rise and fall along with the jobless rate and state businesses will get a slight tax break under a proposal approved by the Legislature. After many meetings, the House and Senate finally agreed and the proposal of the House was accepted. Benefits will be reduced from 26 to 23 weeks. ONLINE TRAVEL DIED ON SPECIAL CALENDAR HB 493 by Brodeur completed its committee assignments and was voted out of the House. The bill appeared on the Special Order Calendar for Thursday. After a debate lasting over an hour, the bill was placed on 3rd reading which meant the bill could no longer be amended. Upon passage, the bill was sent to Senate for consideration. The Senate Companion Bill, SB 376 by Gaetz was withdrawn from its last committee and placed on the Senate Special Order Calendar for the last day of session. There were no less than 8 last minute amendments for debate prior to the bill being debated on the floor. In the end, the Senate bill was not taken up and remained on the calendar as session came to a close. IMMIGRATION DIED IN MESSAGES An attempt by Florida lawmakers to pass an Arizona-style immigration bill died in messages between the chambers as session closed. Differences between the two chambers were too difficult to overcome, and the immigration bills died in messages as the 2011 Legislative Session ended VACATION RENTAL BILL PASSED HB 883 by Horner/SB 476 by Evers combines classifications in Ch. 509, F.S., of Resort Condominiums and Resort Dwelling as “vacation rentals”. The bill also provides vacation rentals are deemed residential property and prohibits local governments from treating vacation rentals differently from other residential propw w w.Res t au ra n t A nd Lodgi ng.com

FRL_16-02.indd 11

erty. Any and all local ordinances or regulations relating to vacation rentals adopted prior to June 1, 2011 are grandfathered and remain in effect. The bill permits the vacation rental industry to have a seat on the DBPR Advisory Council. The House bill passed on Wednesday and was sent to the Senate. The bill passed the Senate by a vote of 38/0 and will be presented to the Governor. HANDBILL DISTRIBUTION/ TOURIST PROTECTION ACT DIED IN MESSAGES BUT PASSED UNDER VACATION RENTAL BILL HB 63 by Crisafulli that requires written consent for hand bill flyers to be distributed on hotel property was passed out of the House. Its companion bill, SB 366 by Altman, nearly identical to HB 63, was left with one committee remaining, Senate Budget. SB 476/HB 883 passed out of the legislature. BED TAX EXPANSION BILLS DIED IN COMMITTEE SB 466 by Braynon and HB 141 by Fresen which would have provide funding for the renovation of the Miami Dolphins Stadium died in the committee process. SB 980 by Bennett and HB 1467 by Nelson which would have provided funding for the renovation of the Miami Convention Center also died in the committee process. Neither bill received a committee hearing. CORPORATE INCOME TAX ELIMINATION DIED IN COMMITTEE The corporate income tax elimination failed to move at all this session. An initial estimate showed that it could cost more than $300 million in the first year. LEGISLATURE GIVES GOVERNOR SOME TAX RELIEF PASSED Gov. Rick Scott’s goal of tax cuts for businesses was not completely in vain. The Legislature approved a bill that would provide some corporate tax relief, but only a fraction of what he called for. With bipartisan support, the House sent the governor HB 7185 after a 110-5 vote. The bill would result in a $30 million cut to the

state’s corporate income tax. The bill is mostly aimed at smaller businesses by raising the corporate tax exemption. Currently, those with net income of $5,000 or less are exempt, but the bill would exempt $25,000 worth of net income from the tax. ADVERTISING FUNDS FOR TOURISM MARKETING PASSED A nonrecurring sum of $750,000 from the Hotel and Restaurant Trust fund shall be transferred by non-operating transfer from the Department of Business and Professional Regulation to the Office of Tourism, Trade and Economic Development, to contract with the Florida Restaurant and Lodging Association, to continue the tourism marketing campaign begun in 2010 in the aftermath of the Deepwater Horizon Oil Disaster. This campaign shall be conducted throughout the state and the southeastern United States, pursuant to a plan approved and monitored by the Office of Tourism, Trade and Economic Development, for promoting tourism in those areas of the state affected by the oil spill and eliminating the damaging public perception stemming from that event. The funds were vetoed by the Governor. DESTINTATION RESORT CASINO’S DIED IN COMMITTEE Sen. Dennis Jones, R-Treasure Island, wanted to pass a bill to allow five large-scale casinos to set up shop in five regions across the state. These casinos – which would have to have large hotels attached to them – would have allowed a wide array of games, including roulette, craps, poker and slot machines. But Jones – who rebuffed attempts by the pari-mutuel industry to change the legislation – decided it was time to fold his cards. Jones withdrew the bill from further consideration. The House version of the legislation did not go anywhere since the bill was assigned to a House subcommittee that was not meeting again this session. Jones had previously said that he was willing to “go home with nothing” this year, and that he could be just setting the stage for the legislation to be given more serious consideration next year. F lo r i da R estau r a n t & Lo d g i n g

6/21/11 8:51 AM

MEM BER NE W S

Firehouse Subs® Fundraising Program for First Responders, Tornado Survivors in the Southeast

enowned for hearty, oversized portions and piping hot subs, Firehouse Subs® has launched its “Round Up” program, allowing guests the opportunity to “round up” their bill to the nearest dollar in participating locations, benefiting first responders and survivors of recent tornado devastation in the Southeast. “Round Up” donations benefit the Firehouse Subs Public Safety Foundation disaster relief fund. Any public safety entity in states affected may be eligible for assistance. “Our local heroes need to be prepared at a moment’s notice to protect and save lives,” said Robin Peters, executive director of Firehouse Subs Public Safety Foundation. “Firehouse Subs Public Safety Foundation, with the support of our restaurants, is dedicated to equipping, educating and funding first responders.” In addition to the national “Round Up” program, Firehouse Subs is lending support at the heart of the devastation. Firehouse Subs team members, led by CEO, Don Fox, are currently stationed in the severely impacted Alabama region, providing more than 13,000 subs to first responders and survivors. In 2005, Firehouse Subs created the Firehouse Subs Public Safety Foundation with the mission of providing funding, life-saving equipment, and educational opportunities to first-responders. Through the non-profit 501(c)(3), Firehouse Subs has given more than $2 million to hometown heroes, impacting 200 communities. Each restaurant recycles leftover, five-gallon pickle buckets and sells them to customers for $2. Donation canisters on register counters explain the non-profit’s mission and collect spare change.

Infinite Energy is the right choice for your natural gas Thousands of restaurants and hotels in Florida buy their natural gas from Infinite Energy Take advantage of instant savings of up to 20% versus your local utility company* Lock into a fixed rate for up to 5 years FRLA members get even greater savings! Call today for a FREE savings analysis!

ANDRE CALVO 877-529-9908 ext. 3161 352-313-3015 (direct line) 863-521-4157 (cell) Andre@InfiniteEnergy.com www.InfiniteEnergy.com

*Your potential savings may be less and will vary based upon taxes and monthly PGA rates in your specific utility service territory. Certain restrictions may apply. See terms and conditions for full details.

12 APRIL / M AY

FRL_16-02.indd 12

2011

F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

6/21/11 8:51 AM

w w w.Res t au ra n t A nd Lodgi ng.com

FRL_16-02.indd 13

F lo r i da R estau r a n t & Lo d g i n g â&#x20AC;&#x201A;

6/21/11 8:51 AM

The Tommy Bahama Travelers Collection is an irresistible line of personal care amenities.

Fresh. exotic. tantalizing.

Dr. Barry Carpenter, Lead Pastor, Destin United Methodist Church, and Gary Brielmayer, GM, Hilton Sandestin Beach Golf Resort & Spa.

For more information, visit us online or call us today!

800-541-6775 tbbathandbody.com 208 Passaic Ave, Fairfield, NJ 07004

Hilton Sandestin Beach Donates $10,000 to Alabama Tornado Relief Efforts Northwest Florida’s premier resort donates funds for Walmart gift cards for tornado victims in need

ollowing April’s devastating tornadoes in neighboring Alabama, the Hilton Sandestin Beach Golf Resort & Spa is assisting the efforts of the Destin United Methodist Church to supply storm victims with much-needed hygienic, health, and household essentials. Through the donation of $10,000 in Walmart gift cards, the Hilton Sandestin Beach is giving back to a community made up of close friends, family members and loyal guests. For more than 27 years, Alabama has been one of the Hilton Sandestin Beach’s most loyal markets, with thousands of families visiting year after year and many large groups hosting their meetings and events at its facilities. Additionally, many of the hotel’s staff are originally from Alabama or have family and friends who live there. “Alabama has always been very near and dear to our hearts. We want to let them know our thoughts are with them,” said Gary Brielmayer, General Manager of the Hilton Sandestin Beach. “We hope this donation will help many families in need.” Through its Alabama/West Florida Annual Conference, the Destin United Methodist Church is aligned with 800 churches around the region, which are working district by district to raise funds and collect items for storm victims through its voluntary Disaster Relief Teams. Having heard the Church’s request for donations, the Hilton Sandestin Beach offered to purchase $10,000 worth of gift cards, 100 percent of which will go directly to Alabama residents. “Families are in great need of everyday essentials, and these Walmart gift cards will facilitate the purchase of things such as toothpaste, soap, lotion, health kits, and diapers,” Brielmayer said. “It’s the least we can do for our neighbors.” Dr. Barry Carpenter, Lead Pastor at Destin United Methodist Church, who received the check on behalf of the Hilton Sandestin Beach, said it’s important for the local community to come together during this time and assist in whatever capacity they may. “This is the way God works through the world, with us loving our neighbors as we would want them to love us,” he said. 14 A pr i l / M ay

FRL_16-02.indd 14

2011

F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

6/21/11 8:51 AM

A L A CARTE

Cool Web Apps That Will Work For You

Unique Amenities Watercolor Inn and Resort

WaterColor Inn and Resort – the Gulf Coast’s premier destination – offering one- to six-bedroom luxury vacations homes within an award winning 499 acre resort, is known not only for a powder-white sand beach and a pristine lake with trails lacing throughout providing an outdoor adventure for all to enjoy. It is also known for guest amenities: kayaks, canoes, tennis, kids’ camp and more are offered to guests.

To explain those complicated processes (like a HACCP analysis of menu items) Lucid Chart is free online to help you draw flow charts. It is easy. Lucid Chart even allows users to share charting information and development with co-workers.

New to WaterColor Resort this year is the addition of YOLO Boarding on Western Lake. As the YOLO acronym states “You Only Live Once,” is the newest way to enjoy this scenic coastal dune lake. All you need is a little bit of instruction from the on-site staff and off you go. YOLO boarding started out as the traditional long boards in Hawaii and California and has been a great addition to the water sports offered on the Gulf and the serene lakes of the 30-A area.

For more information visit www.lucidchart.com.

YOLO Yaks are also offered to beginners and for the more adventurous, YOLO Paddlefit classes are available as well.

Ninite It is hard enough for the “average Joe” to hook up a PC. Searching all over the Internet for software and apps isn’t easy and takes a lot of time. Ninite helps the user download software and apps from the Internet in “just one click.” From web browsers to messaging, media, imaging, documents, security and file sharing, this web app works for you. Visit www.ninite.com for more information.

WaterColor Resort offers fabulous accommodations and many more activities for all guests which help in making a WaterColor Vacation an experience to relive year after year. For more information about accommodations or amenities, contact the WaterColor Inn & Resort at (866) 426-2656 or visit www.watercolorresort.com.

Florida Restaurant Numbers Projected* •

Restaurants employ 794,300 people in Florida.

•

In 2011, Florida’s restaurants are projected to register $30.1 billion in sales.

•

Every $1 spent in Florida’s restaurants generates an additional $1.03 in sales for the state economy.

•

Every extra $1 million spent in Florida’s eating and drinking places generates an additional 26.5 jobs in the state.

•

Restaurant jobs represent 11% of employment in Florida.

It is estimated that by 2021 restaurants will provide 927,100 jobs.

* Source: National Restaurant Association 2011 Restaurant Industry Forecast w w w.Res t au ra n t A nd Lodgi ng.com

FRL_16-02.indd 15

F lo r i da R estau r a n t & Lo d g i n g

6/21/11 8:51 AM

A L A CARTE

Stars of the Industry Awards The American Hotel and Lodging Association has announced the 2011 AH&LA Stars of the Industry Awards and three awards have been designated for Florida: • Jacques Paul of Gaylord Palms Resort and Convention Center has been named the 2011 Manager of the Year, Large Property Category. • Tristen Bowen with the Gaylord Palms Resort & Convention Center has been recognized as the 2011 Steven Porter Emerging Hospitality Leader. • The Quality Inn, Daytona Beach has been recognized as the winner of the Prism Award for Diversity. Award winners have been invited to accept their awards at the Stars of the Industry luncheon during the AH&LA Summer Summit on Wednesday, June 15 at the Hyatt Regency Hotel in Atlanta, Georgia.

Movers & Shakers

The Florida Department of Agriculture and Consumer Services, Division of Food Safety recently announced Brenda Morris has accepted the position of Environmental Administrator with the Bureau of Food and Meat Inspections. She joins the department after being the Food Safety Manager for the Eastern region of Sears Holdings. Ms. Morris is a graduate of the University of Georgia with a Bachelor’s Degree in Environmental Health and over twelve years of State regulatory inspection work in Georgia, Texas, and Florida. She has certifications for USDA Country of Origin Labeling (COOL) Inspections and Seafood HACCP Inspections and is also a Certified Food Manager. Ms. Morris has also recently been accepted for a Fellowship with the International Food Protection Technical Institute. She will be supervising all of the inspection teams for the Division of Food Safety throughout the State of Florida. The Department welcomes Brenda and is very excited to have her as an addition to our management team.

Central Florida’s Occupancy on the Rebound? In a recent article published in the Orlando Sentinel, Smith Travel Research is noting that “Properties in the Orlando area logged an average occupancy rate of 80.6 percent – the first time the local market has topped 80 percent since March 2008.” 16 A pr i l / M ay

FRL_16-02.indd 16

2011

The April/May 2011 issue of 850 magazine – the business and lifestyle magazine of Northwest Florida – featured a profile of FRLA CEO Carol B. Dover.

The 850 Life

Cheer Leader Carol Dover

By Linda Kleindienst

ccomplished equestrienne. Cancer survivor. Working mother. Influential lobbyist. Carol Dover, who manages the 10,000-member Florida Restaurant and Lodging Association, is all that and more. And in the wake of the 2010 Deepwater Horizon oil spill, she has now become an outspoken evangelist for Northwest Florida and what the region has to offer the world. “I think if there was a silver lining in the oil spill … Northwest Florida was a little bit of a secret, a lot of people had no idea it was there,” says Dover, 53. “But now, with the millions of dollars that were pumped into marketing the region, I believe that will help us in years to come.” Dover has helped bring some of that money to the area. Her organization partnered with the region’s tourist development agencies on a marketing campaign designed to bring visitors back to the Gulf Coast, from Port St. Joe to Pensacola. Now Dover’s group has kicked off a new website, GreatFloridaEvents.com, to give visitors the full scoop on Florida before they get here — from events and things to do to restaurants and hotels. The first region to go online: Northwest Florida. “It will be one-stop shopping to find all the special deals.” F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

6/21/11 8:51 AM

NE W BE V ERAG E PRODUCTS

Coca-Cola Freestyle® Expands In Florida The new dispenser from The Coca-Cola Company provides 125 drink choices and adds a helping of fun to how guests enjoy beverages with their meals.

By Harry Price his year marks the 125th anniversary of The CocaCola Company. It all began in 1886 at a soda fountain in an Atlanta pharmacy. Since then the company has continued to evolve the fountain beverage experience, and the newest dispenser, Coca-Cola Freestyle®, is transforming the guest and operator fountain experience. Consumers in many Florida markets are now able to experience the magic of Coca-Cola Freestyle, the new beverage dispenser that pours 125 sparkling and still drink choices from a single freestanding unit. Consumers can now look for Coca-Cola Freestyle in more than 60 locations across Florida at participating locations such as Firehouse Subs, Moe’s Southwest Grill, Burger King, Pei Wei Asian Diner, AMC Pleasure Park and Universal Studios Florida in Orlando. “One example of Coca-Cola Freestyle’s business building potential is at Firehouse Subs,” said Gene Farrell, Vice President, Coca-Cola Freestyle®, Coca-Cola North America. “Since launching Coca-Cola Freestyle in 29 of their corporate locations in the Jacksonville area, they have seen a significant increase in store traffic counts as well as drink sales in the stores that feature the machine.” “Firehouse is proud to serve the best sub sandwiches in the business, and we’re absolutely delighted to marry our great food with a cutting edge endeavor such as Coca-Cola Freestyle,” said Don Fox, CEO, Firehouse Subs. “The social media buzz about Coca-Cola Freestyle has been tremendous. Our Florida guests are excited about experiencing the dispenser and sampling 125 drink choices first-hand.” Coca-Cola Freestyle gives guests the opportunity to choose between a variety of regular and low-calorie

w w w.Res t au ra n t A nd Lodgi ng.com

FRL_16-02.indd 17

sparkling beverages, flavored waters, sports drinks, lemonades, and other options from the Coca-Cola® trademark family. In addition to current guest favorites, the machine also dispenses numerous brand options never before marketed in the U.S. and more than 70 different low- and no-calorie brands. Guests can select brands such as caffeine-free Diet Coke® with Lime, Fanta® Peach, Grape Vault™, Minute Maid® Light Orange Lemonade and more via

an interactive touch-screen on the front of the fountain machine. The self-service Coca-Cola Freestyle is also now available in more than 500 locations in Chicago; Atlanta; Dallas; San Antonio, Austin; Salt Lake City; Baltimore; Denver; Houston and various locations in California, Louisiana and Washington state. The crew-service version is at select locations across the U.S. and is now available in all Freestyle activated geographies. Consumers can find the nearest Coca-Cola Freestyle fountain location by visiting www.facebook.com/cocacolafreestyle or www.coca-colafreestyle.com or text “CHOICES” and your zip code (eg 30324) to 733774 (Standard message rates apply). Download the free CocaCola Freestyle PUSH! + Play iPhone app for locations and a customized gaming experience that engages audiences, even in cities that don’t yet have Coca-Cola Freestyle. Harry Price is Florida’s Area Sales Director for Coca-Cola Foodservice & On-Premise. Contact him at haprice@cocacola.com.

F lo r i da R estau r a n t & Lo d g i n g

6/21/11 8:51 AM

L E G A L SIDE

Anatomy of a Sting Best way to avoid the negative consequences of a sting: Make sure your employees are trained properly Interview with RICHARD TURNER FRLA General Counsel and former DBPR Director, Division of Alcoholic Beverages and Tobacco

s summer vacation season rolls in so do the teens and “twentysomething’s”. For many restaurants this time of year is among their most lucrative. However, as many owners are learning the hard way, a boost to the bottom line fueled by serving underage drinkers is risky to say the least. Being the victim of law enforcement underage drinking sting can be an owner’s worst nightmare. Arrested employees, negative publicity, and a pulled liquor license will easily put a damper on the summer fun. Law enforcement agency underage drinking “stings” are becoming increasingly common and more intelligent. Don’t think it can happen to you? Do a Google search for “alcoholic beverage and tobacco stings” and imagine your restaurant’s name as one of the search results. The best way avoid the negative consequences of a sting is to make sure your employees are trained properly. However, being alert and knowing what to expect can help tremendously. How a Typical Sting Works: The law enforcement agency utilizes a “decoy” civilian who is underage. The decoy will attempt to enter the establish-

ment and “get banded” or approach the bar and order a drink. The decoy typically resembles a person of at least 21 years of age. Having “decoys” in your establishment may seem like overkill, but if your employees are trained properly you should have no problem. There are also some standards in place to protect restaurant employees. “Most agencies that conduct reviews have set standards regarding use of a civilian in law enforcement operations, especially if the individual is a minor,” says former Director of the Division of Alcoholic Beverages and Tobacco Richard Turner. “In order to ensure a potential case is not dismissed, the standards address such things as: the individual (if male) can’t have a beard, can’t produce a fake I.D., must dress appropriate for age, and no hat can obscure their face. This insures the “operative” does not give the appearance of an adult. Other standards include when and how an underage person can be used in an operation, and these standards are always concerned with the safety of the minor. At no time is the minor out of sight of a law enforcement officer.” To gain insight about how owners and managers can protect themselves, FRLA’s Richard Turner, former Director of AB&T, answered several questions regarding this issue.

What violations regarding I.D. verification happen most frequently? Turner: Altered original drivers license, completely fake drivers license, borrowed original driver’s license, and lost or stolen drivers license that has been altered. How often are locations reviewed or inspected? Turner: Every licensed premise is required to be inspected at least every 3 years, but more often than not, licensees are inspected at least once a year. What factors can trigger a sting at a particular location? Turner: The three primary reasons to conduct an underage drinking operation are a complaint, non-compliance, or a totally random “review” of several licensees. How can an owner deal with an intoxicated guest? What are the consequences for the owner if a customer is injured in an accident attributed to being over-served? Turner: The training provided by Regulatory Compliance Services provides strategies for handling intoxicated customers. As far as the consequences there are many factors to consider. A business owner is never immune from being sued, however, you can certainly protect yourself by taking precautions. While there is no dram shop law in Florida per se, (a bar/restaurant automatically being liable for damages or death of a customer who leaves their establishment) in our world today we are kidding ourselves if we sit back and think we can never be sued. At least attempt and DOCUMENT the steps taken if you think the customer is incapable of driving or is otherwise a danger to themselves. What steps can business owners take in order to avoid getting in trouble? Turner: The first step is to have all certifications legally mandated by the state, which are also provided by RCS. If the owner (licensee) is in full compliance with the Florida Responsible Vendor Act (F.S. 561.701 – 706) it provides immunity from license suspension in the event of a sting. It is RCS’s mission to keep the licensee in compliance with this law. A business owner can go a long way to avoid trouble if they implement proper training and always keep employees aware that selling to minors is an action that will get you fired. Good policies come from good management. If the operator is lax so will be the staff. To ensure your establishment’s protection visit www.regcomplianceusa.com for information regarding compliance services.

18 APRIL / M AY

FRL_16-02.indd 18

2011

F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

6/21/11 8:51 AM

FOR BEER L OV ERS

Sam Adams

Better beer for your customers means better profits for you By Jim Koch

often say that this is the best time in history to be a beer lover, and specifically, summer is a great time to be a beer lover. When I ask people about their best beer drinking moments, I often hear the words “hot day, cold beer”. The American Craft Beer Revolution is in full blossom; interesting new beers from small, independent American breweries are appearing every day. Today’s restaurant patrons, like today’s beer lovers, are knowledgeable and adventurous. They have broadly experienced palates. When chefs talk about today’s hottest restaurant trends, the answer consistently highlights craft beer, small plates, and tropical cuisines. I’ve always felt that beer goes best with tropical cuisines. French chefs will pair their menus with wine, and that’s fine. Wine is a good accompaniment to the cream-based sauces that are the corner stone of haute cuisine, but as you go closer to the equator, and the cuisines become muy caliente , beer is a far better choice. Think about Thai, Mexican, Mediterranean, and Indian and Chinese cuisines. Their spicy heat is nicely cut by the carbonation and hoppiness of a good, craft beer. Tropical cuisines are the rage right now, and diners give chefs carte blanche to experiment, to create fusion dishes, and to invent new flavor and ingredient combinations. The great diversity in beer styles and flavors means there’s always a good beer and food pairing opportunity. At Samuel Adams we strive to be in a partnership with our restaurant customers and we work to help them improve their beer menu. We recommend that bars start with the draft selections and feature the leader in each segment of the beer spectrum. If a bar has six tap handles, for example, it should feature the category leader from Craft, Imports, Seasonal Craft Styles, Domestic w w w.Res t au ra n t A nd Lodgi ng.com

FRL_16-02.indd 19

Specialty, Mass Domestic, and Local Brews. According to our research this approach will satisfy more than 90% of beer drinkers, and it can increase your beer profits by 25%. Once you’ve satisfied each segment, you can add additional brands based on their ability to reach more beer drinkers and further drive profits. Our research teaches that it’s best to add variety with bottles rather than by using valuable draft lines on low volume, low margin brands. This is also better for emerging beers since their bottles on the bar are like little billboards introducing new brands. Three years ago we introduced our proprietary 16 ounce Samuel Adams Pint glass to enhance the taste of our beers. We frequently hear that just seeing that beautiful glass on a bar creates excitement. We have learned that one-third of beer drinkers would pay more for a beer served in a special glass. Better beer for your customers means better profits for you. We’ve had terrific success with the 22 ounce version also. Many bars offer a 22 ounce pour for just $1 more. Beer and food pairing dinners are an excellent way to build off-season traffic and bring in a younger audience. They give your chefs a chance to shine, and you can use beer both as an ingredient and an accompaniment. Our brewery representatives can help create a menu and be on hand to discuss the beers and the food. We look forward to continuing to work with you. Jim Koch is founder and brewer, The Boston Beer Company, brewer of Samuel Adams Boston Lager.

F lo r i da R estau r a n t & Lo d g i n g

6/21/11 8:51 AM

TRY THIS

Wine Tips Malbec—a new must-have for your list By Chef Jim Shirley The Fish House and Great Southern Cafe

et’s add a grape varietal to your wine vocabulary—and wine list—malbec. Make sure your wine program is up-to-speed with the hot new grapes. With rich red fruit and aggressive tannins, this grape is famous for being one of a half-dozen exclusive grapes allowed in classic Bordeaux blends. However, the climate in France isn’t quite right for the heat-loving malbec vines, which need a lot of sun exposure and just the right amount of water. And they are highly susceptible to frost. The Mendoza region of Argentina, however, has the perfect climate for this grape. It was inevitable that Mendoza, with it’s hot, dry climate, well-draining soil, and controllable irrigation water melting from the Andes’ peaks would be an area well planted with this finicky grape. Great malbecs come from around the world, but how about introducing a few of the great values from Argentina. Below are five malbec wines from the area that I recommend. All are deep purple and rich with ripe fruits. Mendel: medium body with a bit of tobacco and raspberry ($20) Mapema: blackberry fruit and assertive oak ($20) Ben Marco: full-bodied with strong cherry flavors ($20) Crios de Susana Balbo: upfront blackberry, hints of oak and mint ($13) Lote 44: young wine; the best for entertaining ($10) There are many more malbecs out there—they offer great value and deliver on flavor. Argentine wines have gained respect from critics the world over. See if you agree.

20 A pr i l / M ay

FRL_16-02.indd 20

2011

NEW JACK DANIEL’S TENNESSEE HONEY First new expression of Jack Daniel’s in more than a decade

or the first time in nearly a generation, there’s something new when it comes to whiskey from the Jack Daniel Distillery. Jack Daniel’s Tennessee Honey, launched in April and is available nationally, is crafted with worldrenowned Jack Daniel’s Old No. 7 Tennessee Whiskey. The whiskey is mingled with a proprietary honey liqueur resulting in a unique, smooth offering. “In every sense of the word, this is a natural,” said Jack Daniel’s Master Taster Jeff Norman. “Jack Daniel’s Tennessee Honey brings together two complementary tastes in a new way. The quality and character of Tennessee Honey is in keeping with the Jack Daniel’s tradition, and we think our friends will be pleasantly surprised with the new offering that has everyone abuzz here in Lynchburg.” Norman noted that the flavor characteristics of honey greatly complement Jack Daniel’s uniquely smooth charcoal-mellowed character. With hints of honey and other natural flavors creating a complex taste profile, Norman said the product will be unlike any other offering in the honey category. Tennessee Honey will be available in all U.S. states this by summer in 50 ml, 375 ml, 750 ml and 1-liter bottle sizes. Tennessee Honey will be offered at a suggested retail price of $22 for a 750ml bottle. “Jack Daniel’s Tennessee Honey is the perfect name for this product because each bottle is made with real honey and our Tennessee Whiskey made right here at the distillery in Lynchburg,” said Norman. “Obviously, it’s unique in that regard. Nothing else is made with Jack.” “Whether it’s chilled straight or served in drinks with other mixers like lemonade, tea or ginger ale, we think our friends will really love its unique taste and smooth character,” Norman added. F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

6/21/11 8:51 AM

TRY THIS

Royal-tini Inspired by sapphire engagement ring, mixologist at the Ritz-Carlton, Amelia Island toasts royal couple with “royal-tini”

s blue as the royal engagement ring, the “Royal-tini” is a fun drink to toast William & Kate. When Leslie Riddle, the mixologist for Café 4750 at The Ritz-Carlton, Amelia Island, was asked to develop a drink in honor the of the royal couple she admits she had “mixologist-block.” “I kept coming back to the image of the sapphire ring that William gave Kate for their engagement,” says Riddle. The sapphire ring, studded with diamonds, belonged to William’s mother, the late Princess Diana who selected it from the royal vaults. The ring has even caused a surge in new popularity among newly engaged couples. Armed with history, Riddle gave in to her instinct and created “The Royal-tini,” Now, you can toast the royal couple with a drink as blue as Kate’s ring.

Beverage Trends Nonalcoholic Beverage Trends for 2011* 1. 2. 3. 4. 5.

Specialty iced tea (e.g. Thai-style, Southern/sweet, flavored) Organic coffee Agua fresca House-made lemonade Flavored/enhanced water

The Royal-tini • • • •

1.5 oz Bombay Sapphire ¾ oz Blue Curaçao .5 oz lime juice .5 oz simple syrup

Combine all ingredients in a cocktail shaker with ice. Shake, strain and pour into a martini glass. Garnish with a lime pinwheel. Cheers!

Savory Cocktail Arturo Sighinolfi, the Director of Mixology and Spirits Education for Southern Wine and Spirits of South Florida and an Adjunct Professor at the FIU School of Hospitality, has created this refreshing savory cocktail for the summer.

PANAMA RED Alcoholic Beverage Trends for 2011* 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

Micro-distilled/artisan liquor Locally produced wine and beer Culinary cocktails (e.g., savory, fresh ingredients) Food/beer pairings/beer dinners Bar chefs, mixologists Craft beer/microbrews Regional signature cocktails Gluten-free beer Organic wine Herb-infused cocktails

*Source: National Restaurant Association, “What’s Hot” Chefs Survey, 2010 as noted in NRA’s 2011 Restaurant Industry Forecast

1 oz. Zafra Panamanian rum 1 oz. Aperol ¾ oz. simple syrup ¾ oz. fresh lemon juice 3 English cucumber slices peeled 1 cucumber Pinch of dill Muddle peeled cucumber slices with simple syrup and lemon juice. Add spirits. Shake and strain into a chilled cocktail glass. Garnish with floating cucumber wheel. Gently lay the dill sprig atop the wheel

Out of Compliance? Contact FRLA to solve compliance issues at 866-372-7233 or www.SafeStaff.org w w w.Res t au ra n t A nd Lodgi ng.com

FRL_16-02.indd 21

F lo r i da R estau r a n t & Lo d g i n g

6/21/11 8:51 AM

Big Bucks Partner

2007 Supplier of the Year!

Complete Statewide Coverage

For ALL Your PROPANE Needs! Learn How You Can Receive 100 Gallons Of FREE Propane! BOOTH# 2317

Regional Pricing Programs & Full Service Patio Heater Programs Available! Call TODAY & Let Us Help Fuel Your Bottom Line!

(770) 457-2338 tom.hayes@amerigas.com

Automatic Delivery • 24/7 Emergency Service • Flexible Payment Options www.amerigas.com

Take a Sober Look at Your “Happy Hour”

By SUSIE MCKINLEY

atrons will visit your establishment to relax and enjoy a good meal or camaraderie with friends. In many cases this includes having a beer, glass of wine or a cocktail. As always, the potential for patrons to overindulge and become intoxicated exists. Alcohol is an important part of a fun, relaxing visit to your establishment, but you have a duty to carefully observe patrons prevent over-service. Done correctly, this makes you a “Responsible Vendor.” Here are some tips to get you there. Preventing Overservice These strategies can minimize dangerous overconsumption of alcohol: • Use a service control system that precisely dispenses beverage servings. • Carefully “meter” or moderate service during Happy Hour or other drink specials events. • Train servers and bar staff to offer nonalcoholic beverages with or between alcohol beverages. • Make snacks and appetizers available to slow consumption and absorption of alcoholic beverages. • Never provide empty “to go” cups to patrons. • Pour one drink at a time per patron “ID.” • Monitor the number of drinks per patron and discontinue alcohol service when appropriate, and before you have a dangerous situation. To learn more about Responsible Vendor Training, or for expert advice on protecting your business, contact FRLA’s Regulatory Compliance Services (RCS). Reach RCS by phone at (800) 537-9863 or web at www.frla. org and www.regcomplianceusa.com.

22 APRIL / M AY

FRL_16-02.indd 22

2011

F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

6/21/11 8:51 AM

PROF IT CENTER

Increase Your BAR

t’s that time of the month again, yes, it’s inventory time. But the question is, why are you not doing it weekly? Easy analogy, why not count your cash once a week? It is easy to lose sight of what generates your bar’s revenues, your Liquor/Beer/ Wine (lbw) inventory. As the saying goes, if you can’t measure it, you cant manage it. So, who has time to conduct a detailed inventory analysis every week? Not many operators I know have either the time or proper tools to perform a unit analysis of usage to sales by drink recipe portion. The following outlines a couple of proven procedures to implement (today), until you can hire a professional third party profit loss company (inventory specialists). THE AVERAGE beverage operation loses 14-28% of its revenue due to inventory loss. Overpouring, theft, and unauthorized staff drinks are but just a few ways your inventory can disappear; unless you have the proper systems in place to prevent it from occurring. Hire a third party inventory company to evaluate your operation, this will be some of the smartest money you will spend this year. Never use staff to conduct your beverage counts. Remember, your inventory is the source of your revenue, numbers are easily manipulated to conceal in-house theft. Hire a professional, third party company. Do Not allow vendors to place their own orders. Vendors work on commission and some are willing to overstock your storeroom in order to meet their quota. Establish pars and keep them updated by using actual usage over a several week period and incorporating buffers to ensure you never run out of your top selling brands. Publish a drink recipe guide and regularly test your staff on it. Conduct pre-shift pour testing to ensure your staff can pour the required portion accurately. Don’t rely on pour cost as a measure of efficiency. Low pour costs can actually be a BAD thing. Instead compare your target cost to actual cost by comparing actual usage to sales. This analysis should be conducted on a weekly basis. By having at

w w w.Res t au ra n t A nd Lodgi ng.com

FRL_16-02.indd 23

PROFITS By Mike Whitlow

your disposal timely information that is brand specific, you can better motivate your staff to ring all drinks, pour them accurately, and put the money where it belongs; in your pocket, not theirs. Pull the cash drawer mid-shift and compare to sales, frequently the cash drawer is used as “temporary storage” for cash that has not been rung in. Keep the tip jar well away from the POS and NEVER allow change to made from it. Never allow backpacks or purses behind the bar, it is too tempting to some bar staff to run their own bar with bottles brought in or to end their shift by taking your inventory with them. Are you selling all of your beer bottles or are they going over the counter for free? Daily/random beer counts will help prevent this from occurring. Take care of your regulars by comping their drinks and recording the comp instead of “overpouring” them. How can you determine whether the regular is costing you money instead of contributing to your bottom line. Maintaining control of your inventory is complicated, time consuming, and prone to error which leads many operators to either stop conducting or to resort to using a staff member, both which can have negative consequences. Remember, hiring an independent inventory company is the more effective way to maintain inventory and boost your profits.

Mike Whitlow is a Senior Partner with Bevinco FL. For more information please visit Bevinco.com/Florida or email bevincoflorida@gmail.com

F lo r i da R estau r a n t & Lo d g i n g

6/21/11 8:51 AM

Mom and Dad’s For Nearly 50 Years, One of Tallahassee’s Favorite Italian Restaurants INTERVIEW with Diana Violante McLean BY SUSIE MCKINLEY 24 APRIL / M AY 25

FRL_16-02.indd 24

2011

F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

6/21/11 8:51 AM

Secrets of Success Long-lived FRLA Member Business

Mom and Dad’s has been a favorite restaurant of Tallahasseans and visitors alike for how many years? Mom and Dad’s has been in business 48 years, 49 years in July 2011. Our family owns several Mom and Dad’s located throughout Northern Florida. Mom and Dad’s is open every Tuesday through Saturday every week of the year. The restaurant capacity is 88 seats. The first Mom and Dad’s Italian Restaurant opened in Defuniak Springs, Florida in 1949. From there the business grew to Pace, Gainesville, Lady Lake, Tallahassee, Thomasville and Valdosta, Georgia. The Pace and Gainesville stores are closed now though. w w w.Res t au ra n t A nd Lodgi ng.com

FRL_16-02.indd 25

FRLA has a new addition to the Magazine, Secrets of Success, Long-lived FRLA Member Businesses. This new feature will celebrate FRLA members that have been in business for a long period of time. The feature will highlight these operators and will provide insight into maintaining a long-lived business. If you have any suggestions or thoughts about this new feature, please contact Susie McKinley at susie@ mckinleyhome.com.

F lo r i da R estau r a n t & Lo d g i n g

6/21/11 8:51 AM

Diana Violante McLean

Describe your menu concept and explain how they approach changing it to keep things fresh & new: Our menu is comprised of standard Italian classics, although they don’t taste standard. For example we have lasagna, chicken marsala, veal and chicken picatta, fettucine alfredo, spaghetti, baked ziti, etc. Everything is made from “scratch”. Our pasta is made daily and our sauce is made fresh every second day. We run daily specials as well.

What is your most popular dish? Our most popular dishes are spaghetti, lasagna and Spaghetti A-La-Bruzzi. A-La-Bruzzi is homemade spaghetti with meat sauce, mushrooms and two different kinds of cheeses baked in the oven. It is named after a province in the Central part of Italy which is where I am from. I think our customers keep coming back to Mom and Dad’s because our food is consistently good. The same person has prepared or overseen our food preparation ever since we opened. Have you seen the tastes of your restaurant guests change over the years? No we really haven’t. Although we did “trim” our menu down over the last few years. Our offerings aren’t as varied as they once were. What is the most important thing you emphasize with staff about your customers? Keep the customers happy and make sure they always have enough bread! Our customers love our bread. What do you think is critical to your employee training? New wait staff spends two full days shadowing another seasoned employee. All employees have to know the menu and the wine listing. Employees must know how everything is prepared. They must be familiar with our daily specials as well. We have a lot of college students that work with us. College kids are smart. They catch on quickly so it makes it easier to train them. How do you eliminate/reduce employee turnover? Our employees stay with us for a long time. You know why? Because we are nice to them. They like to work with me. Our first waitress worked with us for 30 years. We had another employee work with us for 28 years. Another for 32 years. Many of our college kids stay with us for three or four years. What is your tip to staying in business for such a long time? A lot of hard work. Consistency in our food preparation.

26 APRIL / M AY

FRL_16-02.indd 26

2011

F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

6/21/11 8:51 AM

G OING GREEN

Making Cents of the

Green Movement

By CHRIS LEWIS

he green movement is all the buzz in the hospitality industry. Sustainable this, organic that. Many hotels and restaurants have embraced the movement but many are still trying to sort it all out. Too often, being good stewards of the environment is perceived as a bleeding heart issue and has a cost that conflicts with the financial goals of the property owner and operators. This is not true. In fact, with the right approach, the opposite is true. As a former hotel operator for over 14 years, I was always looking for opportunities to increase GOP and cash flow. It only makes sense to sort through technology options, and operational changes to find solutions that improve profitability as well as protect the environment. Owners and operators can develop a specific business case for intergrading sustainability into the operation of the individual hotels. With so many products and certification programs available where should you start? Measuring the businesses’ current consumption of energy, water and the production of wastes or “benchmarking” is essential to the start of any sustainability plan. Next, owners and management companies should work with their investors to identify goals and objectives. Outline specific quantified projects and identify resources necessary to implement those projects. When hoteliers think of sustainability projects they often think of renewables, energy management systems, and lighting but that is really just the tip of the iceberg when it comes to possible projects and programs. There are many rebates, incentives and funding opportunities that are available through the federal and the state government as well as the utility companies. Too often, operators implement changes as part of normal renovations or capital improvements and are unaware of the rebates and incentives. The backup generation or demand shedding programs, for example, typically have no participation costs and you can earn energy credits every month while helping to ensure reliable power for the community. So you have a sustainability plan, and you have reduced your energy and water consumption, as well as your waste production. You’re saving money on utility costs and doing something positive for the environment but you’re not done. Now what? Sustainability plans should be proactively marketed. Hotel owners that recognize the CSR of the companies that consume room nights in the markets will ultimately shift share. This RFP season will offer even more proof of that. Companies like Deloitte and Johnson & Johnson will continue to blaze the trail. The brands are already recognizing this and have been busy implementing corporate sustainability policies. In fact, more than one brand has redesigned their prototypes w w w.Res t au ra n t A nd Lodgi ng.com

FRL_16-02.indd 27

to meet the US Green Building Council’s LEED requirements. Owners and operators should publish their accomplishments in energy, water and waste reductions every chance they get. Final sustainability plans must be continuously reviewed and updated. There is not a finish line. It is a perpetual journey. The technologies and incentives are constantly changing so a project that doesn’t pencil this year might make great business sense next year. For example, an LED lamp that was $130 twelve months ago is now $49. And the lamp itself is dimmable and comes in a variety of color temperatures and radiuses which wasn’t always the case for LEDs. It is most likely that solar PV and other renewables will have a similar story. The costs will come down dramatically and the technology will improve and a good business case will be made for projects that, in the past, were not feasible. Chris Lewis is a veteran of 24 years in our industry both in the U.S. and abroad managing and directing all departments including hotel operations, food and beverage, renovation and construction for many properties that achieved Florida Green Lodging, Energy Star, EcoRooms and EcoSuites, California Green Lodging certifications to name a few.

F lo r i da R estau r a n t & Lo d g i n g

6/21/11 8:51 AM

HONORS

Condé Nast Traveler

Omni

ChampionsGate Ranks One of the World’s Top Golf Resorts

mni Orlando Resort at ChampionsGate proudly announces its ranking as one of Condé Nast Traveler’s Top 125 Golf Resorts in the world. Landing a spot in the Top 20 Florida Golf Resorts in the publication’s 15th annual readers poll, Omni Orlando Resort was chosen based on eight criteria: golf course design; access and excellence; golf staff and services; room quality; lodging, food and dining; location; overall resort design and facilities, as well as activities. “The Conde Nast Traveler ranking illustrates our dedication to maintaining an exceptional guest experience,” said Julie Zachar, Director of Sales and Marketing. “We are honored by this recognition, and we will continue to offer unparalleled service and luxury for our guests.” Omni Orlando Resort at ChampionsGate features two world-class courses designed by internationally renowned golfer, Greg Norman. The courses provide golf enthusiasts 36 holes of championship golf, namely the National and the International, allowing die-hard golfers to test mettle on both traditional and linksstyle courses. The resort is also home to a par 3 Champions 9 executive course that boasts professional Callaway Golf clubs and is lighted for nighttime play. In addition to superior golf, Omni Orlando Resort at ChampionsGate offers luxury accommodations including 70,000 square feet of meeting space, 720 rooms and suites, two to three-bedroom luxury villas, a full-service European-style spa, two heated outdoor pools, an 850-foot lazy river and five diverse dining experiences from sushi and sake at ZEN to the Italian herb garden and brick oven flatbreads at Trevi’s. 28 APRIL A pr i l / M ay AY

FRL_16-02.indd 28

2011

Orlando is first U.S. travel destination to draw more than 50,000,000 visitors in a year

The Orlando Sentinel reported on May 24, 2011 that City of Orlando officials “… announced it (Orlando) had become the first U.S. travel destination to draw more than 50 million visitors in a single year.” Further the Sentinel reported “Orlando’s tourist-based economy rebounded faster than expected: Last year’s visitor count was up 10.5 percent from 2009.”

F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

6/21/11 8:51 AM

CONSERVATION

The Big Payoff With the help of companies like Progress Energy, many properties like the Sheraton Vistana Resort in Orlando are surprised to find how easy it is to make a big difference in their energy use and spending. special to THE frl magazine

nergy conservation is a smart business decision at the Sheraton Vistana Resort in Orlando and a reflection of the company’s deeply held values. “Today’s travelers seek out resorts with a real commitment to the environment,” says Thorp Thomas, senior vice president of Starwood Vacation Ownership, which owns and manages the resort. “So ‘going green’ is definitely good for our business. But more than that, it’s a reflection of who we are as a company – and the values we hold.” During a recent refurbishment project, the resort worked closely with its electric utility provider, Progress Energy, to identify the most effective energy-efficiency upgrades. In addition to its energy expertise, Progress Energy provided significant rebates – totaling approximately $304,000 – to help offset the upfront costs of the energy-saving improvements. As a result of the enhancements, the resort is now saving an estimated 5 million kilowatt hours annually, the equivalent of taking 702 cars off the road or saving more than 8,000 barrels of oil. The resort also has seen significant reductions in energy spending and operating costs. The four-year, $132 million refurbishment project modernized every aspect of the resort, including the property’s 1,682 villas, recreation areas, swimming pools, tennis courts and restaurants. Despite the massive scope of the project, energy conservation was always integral to the overall plan. “We’re commitw w w.Res t au ra n t A nd Lodgi ng.com

FRL_16-02.indd 29

ted to continuous improvement to keep our accommodations energy efficient and on the leading edge, aesthetically,” says Mark Dunham, vice president of facilities management with Starwood Vacation Ownership. “Furnishings, electronics, kitchens – everything is regularly updated. Staying on the forefront of energy efficiency is just another way we provide a stellar experience.” The resort worked directly with Charles Holcomb, senior account executive, and Michael Biscoe, energy engineer, from Progress Energy, who helped identify energy savings from the initial design through the final construction stages. “We showed the

resort the potential energy savings from different measures and worked together through every step, from installation to the rebate payment,” says Holcomb. “Our time and assistance were free. And with more than $300,000 in total rebates – not to mention the lower monthly energy costs – it certainly paid off for the resort.” Some of the energy-efficiency measures implemented by Sheraton Vistana Resort include: CFL and LED lighting, new heating and cooling equipment, high-efficiency windows and doors, heat-reflecting roofs and other equipment. As a result of the measures, the resort was recognized as a Green

The Sheraton Vistana Resort: energy conservation is a reflection of the company’s deeply held values. F lo r i da R estau r a n t & Lo d g i n g

6/21/11 8:51 AM

Want to reduce business costs? Upgrade your energy efficiency.

With Progress Energy rebates, you can make more affordable energy-efficiency upgrades to your hotel or restaurant and save on your energy bills. Following are just a few of the available rebates:

Upgrade

Energy Savings

Rebates*

Lighting

Up to 50%

Up to $5 per light for every fixture replaced

HVAC Recommissioning

Up to 20%

$15 per ton per rooftop unit recommissioned

Packaged Terminal Heat Pump

Up to 40%

$85-$200 per system, depending on size and efficiency

To get the savings started, schedule a free Business Energy Check by calling 1.877.372.8477.

*Other requirements may apply for rebates. ÂŠ2011 Progress Energy Florida, Inc.

30â&#x20AC;&#x201A; A pr i l / M ay

FRL_16-02.indd 30

2011

F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

6/21/11 8:51 AM

CONSERVATION

Designated Resort under the Florida Green Lodging Program, which acknowledges lodging facilities that make a commitment to conserve and protect Florida’s natural resources. “Our parent company, Starwood Hotels and Resorts Worldwide, has made a strong commitment to environmental sustainability,” says Thomas. “Our company is passionate about creating positive change in our communities and our world through better use of our shared natural resources. This renovation project is a way we, and all our owners and guests, can be a part of this global commitment.” In fact, Starwood has set ambitious conservation goals for its more than 1,000 worldwide hotels and resorts. The company is targeting a 30 percent reduction in energy use and a 20 percent reduction in water use per guest room by 2020. Sheraton Vistana Resort officials believe meeting those goals is

part of its overall commitment to its guests. “More and more, guests are choosing brands that share their sense of purpose for reducing environmental impact. Meeting and exceeding our guests’ expectations is a critical component of our future success,” says Dunham. With the help of its Progress Energy advisors, the resort was able to make significant progress toward these targeted savings. “The resort’s goals were ambitious,” says Charles Holcomb of Progress Energy. “But many of the companies I work with are surprised to find how easy it is to make a big difference in their energy use and spending.” Holcomb urges any company that is interested in saving energy to consult first with its local util-

ity. Many utilities offer programs similar to Progress Energy’s that provide free energy consultations and rebates. “The partnership with Progress Energy here in Florida made a huge difference for us. After working with them, we started asking the utilities that serve some of our other resorts in California and Arizona if they could also help us with energy efficiency. Some of them had similar programs in place – others were interested in developing programs after talking with us,” says Bill Brenneman, senior project manager with Starwood Vacation Ownership. The bottom line is that energy conservation is paying off for Sheraton Vistana Resort. “It’s been well worth the investment,” says Thomas. “We’re doing the right thing for owners and guests, our business and the future. It’s wonderful to be part of the solution.”

GBS Linens

Because it’s YOUR Reputation on the Table

Fold ‘em like they’re Cotton! GBS Cottenesse Napkins For the look and feel of Cotton with the versatility of Polyester... GBS Linens Cottenesse. Cottenesse Linen Rental. Available in 39 outstanding colors!

Nationwide Shipping 800.700.6448

w w w.Res t au ra n t A nd Lodgi ng.com

FRL_16-02.indd 31

• Southern California • Northern California • Arizona • Las Vegas

• Dallas • Houston • San Antonio • Florida

www.GBSLinens.com F lo r i da R estau r a n t & Lo d g i n g

6/21/11 8:51 AM

Doug Bebell Chef & Owner

The Mystic Fish, Palm Harbor, Florida

oug Bebell is (in his words) “locally-grown”. Chef Bebell grew up in Redington Shores, Florida, spending most of his time as a kid at the beach fishing and snorkeling. He started his restaurant career at age 14 washing dishes at the Redington Shores Lobster Pot. From dishwashing, Chef Bebell, “... worked his way up the ranks at several restaurants, a hotel and a bakery….” working alongside and under the supervision of CIA graduates and a White House Sous-Chef. In 1986 he again landed a position at the Lobster Pot, worked hard and was Head Chef for 12 years. While at the Lobster Pot he sharpened his culinary skills, taught cooking classes in private homes and at Williams-Sonoma in Hyde Park. Wanting to pursue more than Lobster Pot had to offer, he went to work for the Salt Rock Grill and then opened the Boulevard Bistro in Seminole. In 2001, with partner Eugen Fuhrmann they opened the Mystic Fish in Palm Harbor. Since opening in 2001 the Mystic Fish continues to be rated in the top 100 restaurants in Tampa Bay. Now into their 10th year at the Mystic Fish, they pride themselves on changing the menu with the economy. Mystic Fish is currently offering over a dozen small plates and is moving to a focus on vegetables. In addition, they source and feature meats and seafood that keep menu pricing attractive. Some of their offerings include: Mangrove Snapper, Triggerfish, Yellowtail Snapper, Short Ribs, Pork Chops and much more. Due to customer demand, the Mystic Fish carries high-end items as well such as:

HotChef? Are You Considered Among 2011 Florida’s Hottest Chefs?

32 A pr i l / M ay

FRL_16-02.indd 32

Chilean Sea Bass, Bison Tenderloin, Dry-Aged Bone in Steaks, Lamb Racks and King Crab Legs. Mystic Fish has a full bar and a reputable wine list, with reasonable by the glass pours, as well as a prestigious Chef Doug Bebell reserve list. The restaurant décor is very eclectic. Mexican abalone shells (1,200 of them) ride a wave all the way around the restaurant ceiling. All of the wood is teak with several fossil top of table inlays. Unique film sculptures, featured as light fixtures, made by a local artist stand tall on custom saltwater fish tanks. Stained glass windows, hand blown wall sconces and custom granite walls adorn the Mystic Fish. The Mystic Fish is not your typical restaurant. Mystic Fish is proud to work with local charities and not-forprofit organizations: Family Resources, the Ryan Wells Foundation, the Abilities Foundation, the Hospice Foundation, Ruth Eckerd Hall, March of Dimes, the American Cancer Society, Chambers of Commerce in Clearwater, Palm Harbor and Safety Harbor, Dunedin Art Center, All Children’s Hospital and Operation Par. The Mystic Fish is located at 3253 Tampa Rd. Palm Harbor Florida and is open seven days a week. For more visit information visit www.3bestchefs.com/mystic or contact (727) 771-1800.

Know a chef who is creating buzz Timmins, with innovative Executive Chef aPeter C.M.C. cuisine, exceptional presentation or fresh new ideas? FRLA wants to tell the state about them in a bi-monthly feature in FR&L Magazine. Submit your favorite chef du jour to john@restaurantandloding.com. Please include a brief explanation of why your submission should be considered one of the hottest chefs in Florida. Be sure to include restaurant and contact F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n information. Submissions will be featured in FR&L Magazine as Chefs That Sizzle!

6/21/11 8:51 AM

PART 1 OF A SERIES

EM PL OY MENT

Take This Tip

Learn the Department of Labor’s New Rules Regarding Tipped Employees

By Richard D. Tuschman, Esq., And Mark J. Beutler, Esq. he Department of Labor (“DOL”) recently issued regulations affecting the restaurant industry. The new regulations, which went into effect on May 6, 2011, both clarify and modify the requirements for compensating and giving notice to tipped employees, and for maintaining tip pools. Employers that understanding and apply these arcane rules will minimize their exposure to the wave of Fair Labor Standards Act (“FLSA”) lawsuits and DOL investigations that are rocking the Florida restaurant industry. How the Tip Credit Works Many restaurant employees earn most of their compensation through tips rather than wages. Under certain circumstances, employers are allowed to claim a “tip credit” toward satisfying state and federal minimum wage laws. This means that an employee’s tips are credited toward the employer’s obligation to pay the minimum wage to that employee. The “direct wage” is the minimum amount an employer must pay directly to a tipped employee for whom the employer is claiming a tip credit. An employer may claim a tip credit for the remaining amount up to the minimum wage. However, the Florida Constitution sets the tip credit at a maximum of $3.02. Effective June 1, 2011, the Florida minimum wage ($7.31) will rise a few pennies above the federal minimum wage ($7.25). Employers must pay employees the higher rate. Therefore, the direct wage in Florida is the difference between the maximum tip credit ($3.02) and the federal minimum wage ($7.31), i.e. $4.29. The direct wage is subject to change, since Florida’s minimum wage is adjusted annually for inflation, while the maximum tip credit of $3.02 remains the same, absent an amendment to the Florida Constitution. In addition to paying a direct wage, the employer must ensure that the tipped employee receives at least the minimum wage when the direct wage and tips are combined. Therefore, in Florida, an employer must ensure that the w w w.Res t au ra n t A nd Lodgi ng.com

FRL_16-02.indd 33

tipped employee receives in tips at least the amount of the tip credit, i.e., at least $3.02 per hour, each workweek. If the employee receives less in tips, the employer must make up the difference by paying additional direct wages to the employee. Additional Requirements Even if all the other requirements for taking a tip credit are satisfied, an employer may not claim a tip credit to reduce its minimum wage obligation unless it has given the employee notice that it is crediting the employee’s tips against its minimum wage obligation (29 U.S.C. § 203(m)). The employer can delegate the responsibility to provide notice to its employees or any other agent. Provided proper notice is delivered, the rules do not need to be explained to the employee. The notice requirement is unforgiving: no notice, no tip credit, no exceptions. It is irrelevant that the employee was paid the proper amount and received adequate tips, knew the rules and suffered no harm. Previously, DOL regulations did not address what constituted sufficient notice, and case law offered no uniform rule. Under the new regulations, adequate notice requires that tipped employees be informed: (a) of the amount of the direct wage to be paid to the employee; (b) of the amount of tips claimed by the employee that will be credited to the employer’s wage obligation; (c) that the amount of tips credited to the wage obligation cannot exceed tips actually received; (d) that all tips received by the employee must be retained by the employee except to the extent a valid tip pooling arrangement is employed which is limited to employees who customarily and regularly receive tips; and (e) that the tip credit shall not apply to persons who have not been informed of these requirements. In addition, the DOL’s current recordkeeping regulations require that the amount per hour that the employer takes as a tip credit shall be reported to the employee in writing each time it is changed from the amount per hour taken in the preceding week. 29 C.F.R. § 516.28(a)(3). However, failure to observe this rule (unlike the others) should not result in loss

of the tip credit. Vancamper v. Rental World, Inc., 2011 WL 1230805, *7 (M.D. Fla.). There is no requirement that the notice provided to tipped employees be in writing, although good practice dictates that the notice be contained in a writing signed by the tipped employee. Anyone who is paid a reduced “tipped” wage must receive this notice, including persons who receive no tips but who participate in the tip pool. As noted above, in order for an employer to claim the tip credit, the employer must supplement the tipped employee’s direct wage in any workweek where the tips received are insufficient to provide the employee with the full minimum wage. Further, the tipped employee must be permitted to retain his tips. The employee cannot be required to share his tips with non-tipped employees or to “kick back” tips to his employer (although where tips are paid by credit card, the pro rata share of the processing fee can be deducted from the tip). The primary exception to the tip retention requirement is when an employee participates in a valid tip-pooling arrangement (discussed below). Tips are Never the Property Of the Employer A 2010 ruling from a federal appellate court held that if the employer pays its wait staff the full minimum wage rather than the reduced tipped wage, the employer can do as it pleases with the tips. Cumbie v. Woody Woo, Inc. d/b/a Vita Café, 596 F.3d 577 (9th Cir. 2010). The new regulations explicitly reject that view and hold that “tips are the property of the employee whether or not the employer has taken a tip credit under . . . the FLSA.” 29 C.F.R. § 531.52. Overtime Pay for Tipped Employees Calculation of the overtime premium required to be paid to tipped employees is counterintuitive. Non-tipped employees’ overtime pay is calculated as one and one-half times the regular wage paid for non-overtime hours. For tipped employees, however, the overtime wage is not one and one-half times the direct wage, as one might think. Rather, F lo r i da R estau r a n t & Lo d g i n g

6/21/11 8:51 AM

the full minimum wage is multiplied by one and one-half, and that product is reduced by the same tip credit used for computing the non-overtime wage. For example, if a tipped employee is paid a $4.29 per hour direct wage, the tip credit would be $3.02 ($7.31 – $4.29). For overtime hours, tipped employees must be paid a direct wage of $7.95 (($7.31 x 1.5) – $3.02).

Richard D. Tuschman is a member of Epstein, Becker and Green’s Labor and Employment and Litigation practice in the firm’s Miami office. He is Board Certified in Labor & Employment Law by the Florida Bar, and is AV rated by Martindale-Hubbell. Mr. Tuschman has significant litigation experience in both federal and state courts and regularly represents employers in FLSA and state wagehour actions. Mark J. Beutler is an associate in the Labor and Employment practice at Epstein, Becker and Green firm’s Miami office. Mr. Beutler has represented clients in a range of industries and businesses, including public accounting firms, air carrier contractors, and pharmaceutical companies. Mr. Beutler’s practice includes representing employers in discrimination and wage and hour litigation. Mr. Beutler has written and edited articles for legal and business publications.

Places 5th in Management; 8th in Culinary

Florida’s Eastside High Competes In 10th Annual National ProStart Invitational The culinary and management competitions at the National Restaurant Association Educational Foundation’s (NRAEF) 10th Annual National ProStart Invitational recently featured ProStart teams from around the country in Overland Park, Kan. The NRAEF and partner colleges and universities awarded more than $1.4 million in scholarships to the first- through fifth-place teams to pursue their education in foodservice and hospitality programs. Florida was represented by Eastside High School, Gainesville. The Eastside students represented Florida well by placing 5th in the Management Competition and 8th in the Culinary Competition. Teams must win first place at the state level to advance to the national event. In this fast-paced competition, teams demonstrated their culinary skills and knowledge of restaurant management before nearly 1,000 fellow students, educators, mentors, state restaurant association representatives, industry professionals and NRAEF Trustees. In the culinary competition, teams prepared a starter, entrée and dessert within 60 minutes using only two butane burners, and were judged on categories including taste, knife skills, safety, sanitation and teamwork. ProStart – the NRAEF’s proven, high-impact program for high school students – reaches more than 90,000 students in 1,700 high schools across 45 states, Guam, and U.S. military bases. It brings industry and the classroom together to give students a platform to discover new interests and talents and open doors for fulfilling careers. ProStart’s industry-driven curriculum provides realworld educational opportunities and builds practical skills and a foundation that will last a lifetime.

Heavy Hitters! Jeff Grayson FRLA-PAC Golf Tournament Steering Commiiee

John Horne Anna Maria Oyster Bar Dan Enea IHOP/Sunshine Restaurant Partners Dave Hadelman Hooters of America Ma Bauer Marc Hotel Duval Dave Reid Miller’s Ale House Maa Halme Outback Steakhouse Ken Devine Panera Bread/ Covelli Family Ltd Partners Andy Gross Sunshine Restaurant Corp Jason Emmee Duffy’s Sports Grill Jennifer Osgood ProvInsure Inc Jason Fialkoff CTB Foodservice Consultants Bill Kress AFM Bob Henson ALSCO

Wednesday September 7 ChampionsGate