FRL October/November 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

33rd Annual Destin Seafood Festival

SECRETS OF SUCCESS

The Riverside Hotel

OCTOBER/NOVEMBER 2011

Luxurious and Laidback Mix of Caribbean Style and Old Florida Charm NEW ADA REQUIREMENTS

Swimming Pools, Spas, Wading Pools FAQs for New Requirements Beginning March 15, 2012.

WWW.RESTAURANTANDLODGING.COM

Introducing

SafeStaff® Online Foodhandler ®

www.SafeStaff.org

1-866-372-SAFE Official State-cOntracted fOOd Safety PrOvider – dBPr# 1752486

Larry Miller Operating Partner, Rare Las Olas Fort Lauderdale

Every meal at Rare in Las Olas is well done. Manager Larry Miller credits his success to attention to detail. Turns out the details are also key to energy efficiency. Rare got a Business Energy Evaluation from FPL. Our expert examined the restaurant’s cooling, lighting and refrigeration systems. They learned where their energy dollars are going, how their energy use compares to similar businesses and how they can save. Our customized report is helping them save energy. They may qualify for financial incentives to upgrade equipment. Now, Larry can focus on making sure every dish is perfect and less on the energy it took to make it.

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“The little things add up to big results.”

F lO R i da R EsTau R a N T & lO d g i N g

Call FPL’s Business Customer Care Center today for a Business Energy Evaluation at 1-877-748-4233

FO OD FOR T HOUGH T

A Busy Fall for FRLA!

By CAROL DOVER

hat a tremendous Fall FRLA has had! From our NRA / FRLA Bob Leonard Golf Classic and our Fall Board Meeting and Black and White BIG Party held in conjunction with the Florida Restaurant and Lodging Show to the Destin Seafood Festival, it has been a whirlwind and a successful one at that. The NRA / FRLA Bob Leonard Golf Classic sold out for the 11th year in a row and hosted over 150 VIPs along with Bob Leonard’s family. We raised over $100,000 for the FRLA Political Action Committee and quite a bit for the NRA PAC as well. The Board Meeting was wellCarol B. Dover attended, highlighted by a positive discussion held by our OTA Panel. Over 9,000 Industry professionals attended the Show using it to network, see new products, and have a little fun. The Black and White BIG Party was fantastic and was held at the beautiful Cube Libre Restaurant and Rum Bar. The 33rd Annual Destin Seafood Festival, presented by the Destin Charter Boat Association and FRLA, was held on Destin Harbor September 30 thru October 1, 2011. This year it incorporated the Seafood Festival, the Destin Fishing Rodeo and the Songwriters’ Festival, offering 3 days of FREE live music – 3 days, 7 stages and 60 shows. BMI brought 16 nationally-renowned songwriters from Nashville and around the U.S. who performed throughout the festival. Many thanks to Co-Chair Bruce Craul! Restaurants from around the area provided fresh caught seafood prepared by local vendors. In addition, Florida Department of Agriculture & Consumer Services’ representatives were at the festival promoting safe Florida seafood. The event drew more than 30,000 visitors. Thank you to our Festival Co-Chair Captain Mike Eller and the Destin Charter Boat Association for organizing hundreds of volunteers. Festival sponsors and hosts Legendary and Emerald Grande are to be thanked as well for their involvement! Mark your calendars, next year’s Destin Seafood Festival will be October 5 - 7, 2012. In addition, as we close another September Food Safety Month, I’m pleased to report that once again FRLA has taken a leadership role in promoting food safety and the message that it’s both the right thing to do and profitable. Activities this year included our annual Food Safety Special Section in FR&L Magazine, highlighting Florida seafood; numerous staff appearances and speaking engagements to foster food safety; the announcement that FRLA’s SafeStaff® FoodHandler Program can now be completed on the Internet; and the launch of server seafood training at www.ServeWithConfidence.com in cooperation with our partners at the Florida Department of Agriculture & Consumer Services. FRLA’s Winter Board Meeting and Toys For Tots

Look for information from FRLA in your inbox, or your mailbox, about how you can help Toys For Tots! FRLA is hosting a function at the Winter Board Meeting to support Toys For Tots.

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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 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 PRODUCTION ASSISTANT

Victoria J. Connell

victoria@restaurantandlodging.com PUBLIShED By

Destination Communications, 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 sent to: FRLA, PO Box 1779, Tallahassee, FL 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.

contents OCTOBER/NOVEMBER 2011 • WWW.RESTAURANTANDLODGING.COM

13 ProStart: Good for Industry, Good for Students With national and local support from industry members, educators, the National Restaurant Association Educational Foundation and the Florida Restaurant Association Educational Foundation, ProStart is part of the curriculum in 240 Florida high schools reaching 20,000 students.

18 Secrets of Success: The Riverside Hotel

The historic Riverside Hotel, celebrating its 75th anniversary, is located in the heart of Downtown Fort Lauderdale, and is the only hotel on the city’s prestigious Las Olas Boulevard. Opened in 1936 by the Wells family, the hotel is both luxurious and laidback, mixing Caribbean style with old Florida charm. | By Susie McKinley

24 ADA: New Requirements in 2012 for Swimming Pools, Spas and Wading Pools The Florida Swimming Pool Association (FSPA) has summarized some Frequently Asked Questions for new ADA pool requirements taking effect beginning March 15, 2012.

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Departments Food for Thought Busy Fall for FrLa! From the Chairman’s Desk FrLa’s Online Food safety training Chefs That Sizzle shane schaibly, Corporate Chef, Front Burner Brands CEO Forecast sally smith, president & CeO, Buffalo Wild Wings Membership Benefits prostart: Good for students, Good for Industry A La Carte national Burger Legacy art project, seafood safety Video Environmental Awareness Choose sustainable seafood Golf Tournament 2011 FrLa/nra Bob Leonard Golf Classic Winners ADA News new requirements for swimming pools Giving Back Hawks Cay resort: third annual Heroes Welcome Movers & Shakers Billy Grimm, Dannette Lynch, andrew edwards Event Calendar 2011 - 2012 Green Tips Just How “Green” Can a Barbecue restaurant Be? Member Spotlight al Gardner, a & L associates Business Climate are You I-9 Compliant? Employment take this tip: tips Versus Compulsory service Charges Membership Get to Know Your FrLa regional Directors Social Media Facebook and travel planning 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 a s sO Ci aT i O N

F ROm T H e c H a i R m a n ’ s De sk

FRLA Now Offers Online Food Safety Training

Photo Highlights from the 40th Florida Restaurant & Lodging Show

s all professional operators in the hospitality industry know, food safety training is a critical part of any business’s success. In fact, some might say that training is the real secret ingredient that makes a good restaurant a great one. FRLA recently introduced online food safety training in response to recent changes in Florida David Reid law removing the prohibition against online training courses for our industry. Effective August 1, 2011, the state of Florida redefined acceptable methods of delivery for food service employee training to include online training programs approved by DBPR. Only DBPR approved programs will be indicated with a number. It’s important to know that online training courses without a DBPR Approved Provider Number do not satisfy employee training required by Florida law. The option to train employees online is a welcome change which provides flexibility, efficiency and convenience. Convenience for our employees is important, but more relevant to the operator is the ability to train one single hire at a time. Under the previous classroom course requirement, most operators would wait until they had at least 5 to 10 new employees before they would schedule a training course. With no more than a 60 day window to provide training to remain compliant with Florida law, this often was not feasible. The new online training allows employees to complete the required program one at a time, whenever their schedule permits. The ability to let our employees take required training at their own convenience, in the comfort of their own home is a much welcomed change for our company. Way to go FRLA and RCS! The Florida Restaurant & Lodging Association’s DBPR approved program is now available online at http://certificationandtraining.frla. org/. And, it’s important to note that the FRLA’s DBPR Approved Provider Number is 1752486. FRLA’s program is $11.95 for members and $14.95 for non-members and meets all requirements mandated by Florida law. So, if you are serious about professional food service training, I would strongly suggest that your business considers this new online training, because after all, a bad day in food safety is like a bad day parachuting! – DAVID REID Executive Vice President of Operations Miller’s Ale House Restaurants 2011 Chairman of the Board Florida Restaurant and Lodging Association

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SHANE SCHAiBLy CORPORATE CHEF

FRONT BuRNER BRANDS

hane Schaibly is corporate chef for Front Burner Brands, Inc., a full-service and fast-casual restaurant management company headquartered in Tampa, Florida. Front Burner Brands, Inc. is affiliated with dynamic and niche-specific brands including The Melting Pot, the premier fondue restaurant franchise with more than 140 locations in North America, Burger 21, the “beyond the better burger” franchise concept with two locations and expected rapid growth, and GrillSmith restaurants with six locations in Tampa, as well as other concepts in development. On the culinary side, Schaibly is responsible for overseeing the research, development and cost planning for all of Front Burner Brands’ menu offerings. He personally creates and assists in the procurement of all new menu items for The Melting Pot and Burger 21, and additionally assists in the menu development of GrillSmith restaurants. Schaibly works closely with The Melting Pot’s existing vendor partners and research and development chefs to ensure the fondue chain is putting out exceptional food every time and that the additional Front Burner Brands concepts will benefit from the already established relationships in these fields. Shane also oversees the beverage department with responsibilities including creating and procuring all ingredients for The Melting Pot’s new signature cocktails which are released to coincide with the Big Night Out (limited-time feature menu) as well as overseeing the current core wine program and beverage offerings. Prior to joining The Melting Pot, Schaibly served as lead pastry chef and sous chef for Café Ponte in Clearwater. Schaibly also previously served as a cook at The Ritz-Carlton, South Beach, and graduated at the top of his class from Johnson & Wales University in North Miami. Shane lives in Tampa, with his wife, Lisa, and enjoys cook-

ing at home, spending time on Florida’s Gulf of Mexico and collecting tattoos.

Please describe your restaurant concept.

With more than 140 restaurants in North Chef Shane Schaibly America, existing locations in 36 states, Canada and Mexico and more than 15 locations currently in development, The Melting Pot Restaurants, Inc. is the premier fondue restaurant franchise. Founded in 1975, The Melting Pot continues to be a memorable dining experience. Guests enjoy a choice of fondue cooking styles and a variety of unique entrées combined with dipping sauces. The menu also includes cheese fondues, salads, fine wines and chocolate fondue desserts. The Melting Pot is an affiliate of Front Burner Brands, a restaurant management company headquartered in Tampa.

What are some of your most popular menu items?

Some of our most popular menu items at The Melting Pot include the Cheddar Cheese fondue and Flaming Turtle dessert fondue. Our “Big Night Out” limited-time feature four-course menu makes up about 33 percent of overall sales. There is also something to be said about the fact that 90 percent of our guests order chocolate fondue.

What about the restaurant inspires me:

Ever since my first day working in a restaurant when I was 14 years old, I have always been fascinated by the impact a good meal has on a guest. It inspires me to make sure that every recipe I write, every plate I create, and every time I send anything out to the dining room, it is perfect both in flavor and in appearance. Looking out into the dining room and seeing smiling, laughing guests talking about a dish I have created or sharing a bite with someone else at the table makes doing what I do that much more rewarding. I try to encourage all of my team members to think about the food in that way. When they buy into it on that level, I know the consistency is there, and the food is still making guests smile every time even when I’m not around.

“What is your “sizzle”? Are there any new menu items or specialty food presentations that you are using?

I get to use new and exciting ingredients every day to come up with menu items because The Melting Pot menu is so unique, including cheese and chocolate fondues, as well as salads and a variety of entrée items, all cooked fondue style by the guests. Cheese has become my real passion in the past few years, and just being able to layer many different flavors within one dish is always a cool experience. Also, everyone loves melted chocolate, so finding new ways to impress guests using old favorites like milk or dark chocolate really allows me to expand our guest experience and help them realize their love for different flavor combinations that they may not have been exposed to in the past unless they’ve dined with us. On the Burger 21 side, it is always a pleasure to spice up old favorites like burgers, dogs and shakes. There is still something to be said for the

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

Know a chef who is creating a buzz with innovative 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 susie@mckinleyhome.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 information. Submissions will be featured in FR&L Magazine as Chefs That Sizzle!

old favorites, but since we have a feature burger and shake released on the 21st of every month, I really get to experiment with different ingredients and show how unexpected combinations can really work together when done right. I also love the opportunity to bring classics to life, like some of our feature shakes, Peaches N Cream and Peanut Butter and Jelly. Observing guests of all ages enjoying these menu items really makes me hungry to create even more fantastic recipes!

Where did you grow up? Does that influence your style?

I was born and raised in a small town just west of Tampa, called Dunedin where Scottish roots run deep so lots of meat pies, Scotch eggs and fish & chips were consumed growing up. In addition to that, the Tampa area has so much diversity within only a few square miles: the Greek influence in Tarpon Springs, the Cuban influence in ybor City and throughout the Tampa Bay area, the traditional Mexican influence in the Clearwater area and, of course, all of the local seafood right at our fingertips.

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We grew up always at the beach or on the water fishing, diving and surfing. The fact that I was always around such a wide variety of foods growing up really made me appreciate and respect the cultural differences in cuisine and helped me to always be curious and eager to learn about other cultures.

What is your favorite dish to eat that you’ve created?

One of my favorite cheese fondues is our Boston Lager Cheddar Cheese Fondue. It combines Samuel Adams Boston Lager, garlic, tabasco, fresh cracked black pepper and cheddar and Gruyere cheeses. It is a great coldweather fondue as the beer and rich flavors in the seasonings really warm the heart and belly! Another great dish was a limited-time offer that took about six months to finally figure out. Our White Chocolate Crème Brûlée Fondue, which after months of working on, came together just perfectly and was met with lots of great feedback from our guests. The trick is to get the top of a chocolate fondue to caramelize like traditional crème brûlée so the guests have

a thin layer of sugar to “crack” through before getting to the delicious fondue underneath!

To what do you attribute your success?

I like to think my personal dedication and love for the restaurant industry has helped me achieve success over the years. I also attribute much of my success to the people in the restaurant business who have taken me under their wings over the years and shown me that if you truly love what you do and continue to do it for all the right reasons, which at the end of the day is simply to make guests smile, you will be successful. I have had the pleasure of working with many chefs who put in long hours and dedicate the time to teaching young chefs the right way to do things so that the future of the industry will be strong for all of us, namely Chef Jeff McInnis whom I worked for at the Ritz-Carlton of South Beach and Chef Chris Ponte of Café Ponte in Clearwater. Both are nationally recognized chefs, and I really feel like the two of them have helped shape my career and the way I look at my job everyday.

F lO R i da R EsTau R a N T & lO d g i N g

F e s T i Va L s

33rd ANNuAL

Destin Seafood Festival T he 33rd Annual Destin Seafood Festival, presented by the Destin Charter Boat Association and FRLA, was held on Destin Harbor September 30 thru October 1, 2011. The City of Destin has hosted the Destin Seafood Festival for decades. This year it incorporated the Seafood Festival, the Destin Fishing Rodeo and the Songwriters’ Festival, 3 days of FREE live music – 3 days, 15 stages and 60 shows. BMI brought 16 nationally-renowned songwriters from Nashville and around the U.S. who performed throughout the festival. For the first time in history, the 2011 festival featured a combination of local music talent performing on one of two main stages, while BMI songwriters performed on the other main stage and in eight restau-

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rants scattered along one-half mile of breath-taking Destin Harbor waterfront. Along with Festival events, restaurants from around the area provided fresh caught seafood prepared by local vendors. In addition, Florida Department of Agriculture and Consumer Services’ representatives were at the festival promoting safe Florida seafood. The event drew more than 30,000 visitors. Festival Co-Chair Captain Mike Eller and the Destin Charter Boat Association organized over 500 local volunteers who worked countless hours before, during and after the Festival to ensure its success. Festival sponsors and hosts Legendary and Emerald Grande are to be thanked as well for their tireless efforts.

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

F L OR i Da R e s TaU R a n T & L OD Gi nG a s sO c i aT iOn

forecast Sally J. Smith President & CEO Buffalo Wild Wings, Inc.

s President and Chief Executive Officer of Minneapolisbased Buffalo Wild Wings, Inc. Sally J. Smith leads one of the nation’s fastest-growing national restaurant chains, which includes more than 785 restaurants in 45 states and two countries. Smith joined Buffalo Wild Wings as Chief Financial Officer in 1994 when it was a fledgling chain of 35 restaurants, mostly in Ohio. With her keen financial and leadership skills and a healthy dose of tenacity, Smith worked to establish a sound infrastructure and build the talented team that has helped the company grow from a regional chain to a thriving national brand. Smith’s exceptional achievements and leadership were recognized by the restaurant industry in 2010 when she received the Multi-Unit Foodservice Operators (MUFSO) Operator of the year Award. In 2009, she was honored with another one of the industry’s highest awards, the Gold Plate Award, presented by the International Food Manufacturer’s Association (IFMA). Other prestigious honors and awards earned by Smith include: Minneapolis/St. Paul Business Journal Women in Business Career Achievement Award for 2010; Restaurants & Institutions magazine’s Restaurant Executive of the year in 2005; the Sioux Award, the highest honor given to alumni at the University of North Dakota, in 2004; Nation’s Restaurant News Golden Chain Award in 2003; North Dakota Innovator of the year in 2002; and Ernst & young’s Entrepreneur of the year for the Midwest Region in 2001. Under Smith’s leadership, Buffalo Wild Wings also has received numerous awards and distinctions. In 2010, Entrepreneur named the company to their Fastest Growing Franchises list and Technomic ranked the brand third on their list of Top 10 Fastest-Growing Restaurant Chains with sales over $200 million. In addition, Buffalo Wild Wings earned rankings on Forbes magazine’s list of 200 Best Small Companies from 2007 through 2010 and Fortune magazine’s 100 Fastest Growing Companies list in 2009. Restaurant and Institutions selected Buffalo Wild Wings as Chain of the year in 2007. Prior to joining Buffalo Wild Wings, Smith sharpened her business acumen with positions at the international accounting and consulting firm, KPMG, LLP, and during her 11 years at the national franchise company, Dahlberg, Inc. (now Miracle-Ear, Inc.), where she ended her tenure as Chief Financial Officer.

A native of Grand Forks, North Dakota, Smith is a graduate of the University of North Dakota with a Bachelor of Science degree in Business Administration and Accounting, and she is a CPA. She serves as the 2011 Chairman of the National Sally Smith Restaurant Association Board of Directors. She is a director of Alerus Financial Corporation and also is a member of World Presidents’ Organization and Women Corporate Directors.

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

I think we’ll continue to see food trucks growing in popularity along with the desire of guests to know where their food is from.

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

Without a doubt, it’s our team members across 45 states who are responsible for our success. They bring passion and dedication to serving our guests every day.

How has participation in FRLA positively affected your business?

Being a member of the FRLA keeps us informed on the issues facing restaurateurs throughout Florida. The FRLA gives all of us a voice to discuss proposed legislation with local and state officials.

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

Get involved! you will find a great team at the FRLA who can help you run better restaurants, give you the tools to grow your business and keep you informed.

Has your business strategy changed over the few years?

We’ve really tried to stay focused on the guest experience at Buffalo Wild Wings. Back to basics – hot wings hot, cold beer cold, and sporting events on every TV and big screen.

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F lO R i da R EsTau R a N T & lO d g i N g

HOnOR s

Nickelodeon Suites Resort

Achieves Certified Guest Service Property Designation

ickelodeon Suites Resort in Orlando was recognized this month by the American Hotel & Lodging Educational Institute (EI) as the first hotel in the world to receive the prestigious Certified Guest Service Property designation. Guest Service Gold, a new guest service training program from EI, trains employees and properties how to achieve a new standard of exceptional service based on the philosophy of emotionally engaging with guests in memorable and exceptional ways. There are three main components to Guest Service Gold: training, employee certification, and property certification. In order for the Nick Hotel to be designated a Certified Guest Service Property, every employee was required to complete specific training and pass a comprehensive exam. “Exceptional service is a top priority at the Nick Hotel,” said Jim Struna, director of marketing and revenue management for Nickelodeon Suites Resort. “While we are always creating new and exciting experiences for our guests, we are also working to ensure they receive outstanding service on property. Guest Service Gold is just one more way we demonstrate our commitment to excellence.” Every team member at the Nickelodeon Suites Resort— more than 500 total—received a Certified Guest Service Professional (CGSP) lapel pin certifying the completion of the training and the hotel was presented with a plaque denoting its achievement. The property celebrated its achievement with an event

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that included the ceremonial “sliming” of both Nickelodeon Suites’ managing director Louis Robbins, and EI president and COO Robert L. Steele III, CHA; as well as EI team members. Learn more about Guest Service Gold and the Certified Guest Service Property and Certified Guest Service Professional designations, by visiting www.ahlei.org/guestservicegold, or call 800-752-4567 or 517-372-8800.

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

m e m Be R sH i P Be n e F i T s

ProStart: Good for Students, Good for industry

roStart is a nationwide two year program for high school students developing the best and brightest talent into tomorrow’s restaurant and foodservice industry leaders. From culinary techniques to management skills, ProStart’s industry-driven curriculum provides real-world educational opportunities and builds practical skills and a foundation that will last a lifetime. By bringing industry and the classroom together, ProStart gives students a platform to discover new interests and talents and opens doors for fulfilling careers. It all happens through a curriculum that teaches all facets of the restaurant and foodservice industry, inspires students to succeed, and sets a high standard of excellence for students and the industry. With national and local support from industry members, educators, the National Restaurant Association Educational Foundation and the Florida Restaurant Association Educational Foundation, ProStart is part of the curriculum in 240 Florida high schools reaching 20,000 students. WHO ARE PROSTART STUDENTS AND EDUCATORS? • ProStart serves all types of communities, from rural to inner-city schools across Florida • Students take it as an elective track in traditional high schools, career & technical centers, and vocational high schools • Educators range from family & consumer sciences educators to chefs who transitioned from industry into the classroom PROSTART NATIONAL CERTIFICATE OF ACHIEVEMENT The ProStart National Certificate of Achievement is the exciting culmination of the ProStart program. To earn it, students must complete the two-year program, pass two national exams, and complete 400 hours of mentored work experience. It is integrally

linked to scholarship opportunities and articulation benefits at more than 60 of the country’s leading hospitality / culinary arts colleges and universities. PROSTART JOB READINESS ProStart students come to an employer ready to make an immediate impact. They are trained in industry-specific and transferable skills that bring value to the employer. The program and curriculum teach, among other topics: • Safety and sanitation • Culinary arts • Kitchen essentials • Leadership • Management essentials • Purchasing, inventory and cost control • Customer service and communication • Sustainability PROVEN RESULTS • Five years after earning the ProStart National Certificate of Achievement, 81% of students are still studying and/or working in the industry • Five years after competing in the National ProStart Invitational, 78% of students are still studying and/or working in the industry • Since its inception, ProStart has experienced phenomenal, consistent growth GET INVOLVED • Hire ProStart students and graduates • Sponsor a class by hosting a guest lecture, classroom demo or field trip • Participate as a judge for the FRLAEF ProStart Culinary Team Competitions • Donate to ProStart • Fund ProStart scholarships For more information about the ProStart Program, visit FRLA at FRA-STC.org or contact Laura Rumer at (866)-288-8820 or laura@frla.org.

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F lO R i da R EsTau R a N T & lO d g i N g

a L a c a RT e

The National Burger Legacy Art Project

AH&LA’s Women in Lodging Reaches Goal of 1,000 Members

he National Burger Legacy Art Project is a new initiative which will assemble photos of burgers from across America and will compile them into a burger-shaped “photo collage”. A small entry fee is required ($10.00) for each entry and 20% of the fee can be designated to a food bank of your choice! To enter, visit www.theburgershow.com/burgerlegacyproject.html. There are prizes for participants. Submissions must be entered online and digitally between August 1, 2011 and December 31, 2011. Become a part of history and raise awareness and a little money for a food bank.

he American Hotel & Lodging Association’s (AH&LA), Women in Lodging (WIL), an industry group for female lodging professionals recently welcomed its 1,000th member. “We’re thrilled this initiative is resonating with female industry professionals,” said AH&LA Women in Lodging Executive Council Chair Vail Brown, Vice President, global sales/marketing, STR. “Hitting such an amazing milestone is testament to the need this important benefit is fulfilling for members across the country.” Women in Lodging exists to “…promote women’s leadership into executive positions within the lodging industry”. WIL members are able to access career-building tools and network with women who are lodging industry leaders….” Join WIL! It is free! For more information, visit www.ahla. com/WIL. Visit www.FRLA.org/membership/women-in-lodging for information on upcoming local meetings.

New Seafood Safety Training Video

he Florida Department of Agriculture and Consumer Services, Bureau of Seafood Marketing and the Florida Restaurant & Lodging Association have partnered on a Wait Staff Training Video. This is an interactive learning tool created to help anyone in the restaurant industry answer questions from the public regarding the safety of Florida seafood. The video takes approximately 20 minutes to view and is designed for wait staff and chefs in restaurants across Florida. The video is online and free to anyone who would like to use it. The site does not require the user to sign in. The training video is set in a typical Florida seafood restaurant with wait staff working with customers in a casual environment. The video directs the wait staff participant to determine which method used by wait staff instills the most confidence in Florida seafood for customers. The video also is directed at chefs by providing a conversation with the Department’s Chef Justin about the quality of fresh seafood. Additionally, Chef Justin demonstrates an award-winning recipe. A portion of the video also addresses further questions that wait staff and chefs might have about Florida seafood. Do your part to instill consumer confidence in Florida Seafood, encourage your staff to take part in this educational video training today! For more information about this innovative educational tool, please visit www.servewithconfidence.com.

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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

NRA Celebrates Milestone: One Million Training Classes Ritz-Carlton, Naples

Travel and Leisure Magazine’s

Top Hotels Congratulations to FRLA Members noted in Travel and Leisure Magazine’s Top Hotels for Florida! Ritz-Carlton, Amelia Island (89.52)

he National Restaurant Association (NRA) celebrated a milestone this summer by providing its one millionth training class and exam administration. The NRA has contributed to the success of the nation’s nearly one million restaurants and 13 million employees through its ServSafe Food Safety, ServSafe Alcohol, ProStart curriculum, ManageFirst and other programs for the last 25 years. “Maintaining a properly trained staff is key to running a successful restaurant business, and the National Restaurant Association’s range of programs are the gold-standard for food safety, responsible alcohol service and hospitality management,” said Dawn Sweeney, President and CEO of the NRA. “Our ServSafe Food Safety program is the nation’s most widely accepted food safety training and certification program, with 4.6 million ServSafe Food Protection Manager Certifications awarded to date. As we celebrate this milestone of one million training classes, we look forward to a million more,” she added. The one millionth class based on NRA training materials was a ServSafe Manager course, held on July 8 in Nashville, Indiana.

Amelia Island

Sandpearl Resort (89.30) Clearwater

Biltmore Hotel (87.10) Coral Gables

Atlantic Resort & Spa (88.73)

Fort Lauderdale

Ritz-Carlton, Key Biscayne (88.11)

DUNKIN’ BRANDS One great brand. Two great opportunities.

Key Biscayne

Disney’s Animal Kingdom Lodge (87.32)

Orlando

Disney’s Boardwalk Inn and Villas (87.96)

Lake Buena Vista - Walt Disney World

Disney’s Grand Floridian Resort & Spa (88.64) Lake Buena Vista - Walt Disney World

Disney’s Wilderness Lodge (86.81)

Lake Buena Vista - Walt Disney World Little Palm Island Resort & Spa (92.97) Little Torch Key Mandarin Oriental, Miami (87.64) Downtown Ritz-Carlton, South Beach (86.80) South Beach W South Beach (86.44) Miami Beach Ritz-Carlton Golf Resort, Naples (89.46) Naples Ritz-Carlton, Naples (90.10) Naples Villas of Grand Cypress (88.00) Orlando The Breakers Palm Beach (89.95) Palm Beach Lodge & Club at Ponte Vedra Beach (86.22) Ponte Vedra Beach Ponte Vedra Inn & Club (89.62) Ponte Vedra Beach WaterColor Inn & Resort (88.50) Santa Rosa Beach Ritz-Carlton, Sarasota (88.94) Sarasota w w w.Res t au ra n t a nd lodgi ng.com

Franchise with a leader.

DUNKIN’ DONUTS RANKED 1 IN CUSTOMER LOYALTY

4 YEARS IN A ROW!

COFFEE AND DONUT CATEGORY *

BASKIN-ROBBINS RANKED 1 ICE CREAM AND FROZEN TREATS FRANCHISE **

Learn more about Dunkin’ Donuts and Baskin-Robbins at: Call:

(938-6546)

Email:

F lO R i da R EsTau R a N T & lO d g i N g

a L a c a RT e

Food Manager Certification For Sports Arenas and Venues

Mixology This free app for iPhone,

™

iPad and Android is a bartender’s dream! It provides thousands of recipes for cocktails. Check it out!

Qik This app for mobile phones

allows the user to conveniently record, instantly share and chat on video for free. Think of the video chat on the Jetsons, but mobile! Visit www.qik.com

FRLA Launches youTube Video Series

FRLA has launched its youTube Video series “A Conversation with FRLA” in August. Each month FRLA will post an interview with a FRLA representative to keep you informed and up-to-date regarding Industry issues. Check out youTube or FRLA!

By SUSIE MCKINLEy Fall brings real business to Florida’s sports venues. Florida fans, in just a few short months, can watch their favorite MLB, NFL and NBA teams play at a sports arena within a days’ drive. Fans aren’t just watching their teams; they are eating and drinking while watching their teams. Eateries and take-away food facilities at sports arenas and venues must comply with Florida law concerning food manager certification. There must be at least one certified food protection manager that is responsible for all aspects of food preparation and service for each food establishment at a sports venue. Upon hire, a manager must pass an approved certified food protection manager examination within 30 days. The examination must be one of three state approved food protection manager exams. After passing the exam, food protection manager certification is valid for 5 years. For more information about how to comply with this requirement, visit FRLA online at http:// certificationandtraining.frla.org/ or call FRLA at 866-372-7233

2011 Top Trends* Desserts

1. Artisan/house-made ice cream 2. Bit-size/mini desserts 3. Dessert flights/combos 4. Deconstructed classic desserts 5. Savory desserts *National Restaurant Association, 2011 Restaurant Industry Forecast, Food and Menu Trends

2011 Top Trends* Prep Methods 1. 2. 3. 4. 5.

Sous vide Braising Liquid nitrogen chilling/freezing Pickling Smoking

*National Restaurant Association, 2011 Restaurant Industry Forecast, Food and Menu Trends

TripAdvisor’s Spectacular 10 Waterfront Restaurants

Congratulations to Bayfront Bistro in Ft. Myers Beach for being named in TripAdvisor’s “Spectacular 10” for Waterfront Restaurants in North America!

Cottage Foods The Florida Department of Agriculture and Consumer Services has recently published guidance concerning the new “cottage foods” law. Cottage food products are items such as “… breads, cakes, cookies, candies, jams, jellies and fruit pies.” These products are produced in unlicensed home kitchens. Cottage foods are required by law to be labeled as such and are not to be sold to or used in Florida’s food service establishments. Cottage foods may only be sold directly to the consumer. For more information about cottage foods, visit the Division of Food Safety at www. freshfromflorida.com 16 O CTO B ER / N OV EM B ER

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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

e n V i ROn m e n Ta L awa R e n e s s

Choose Sustainable Seafood Fishery managers and fishermen have done the necessary work to help popular fish like Gulf red snapper — recovering from high levels of fishing pressure that had reduced the number of spawningage fish to below 3 percent of the entire population.

By TJ MARSHALL

ave you ever wondered where your fish came from, or whether it will always be available as a mealtime option? Most people probably haven’t, but it is time that we do. Seafood is the last wild-caught food commonly available at restaurants or in grocery stores. One of the healthiest food options available, seafood is packed with essential vitamins and minerals while also presenting a lean, low-fat option. And its versatility in the kitchen is unmatched by any other center-ofthe-plate item. Seafood’s versatility and deliciousness, however, have reduced some popular species down to alarmingly low levels, to the point where we may have to say goodbye to our favorite dinners. Simply put, we’ve been taking too many fish out of the water and leaving too few behind to reproduce and sustain healthy populations. It’s up to all of us to protect these precious gifts from the ocean now and for future generations of fishermen, chefs and seafood lovers. Restaurant owners, retailers and food service distributors are showing their commitment to sustainable fisheries through sound, informed decisions regarding the origin of the seafood they purchase and showcase. “Awareness among chefs has grown dramatically, especially in the last five years,” says w w w.Res t au ra n t a nd lodgi ng.com

Executive Chef Jim Shirley of Great Southern Restaurant Group. The fact is, sustainable means different things with regard to different kinds of seafood. Fishery managers and fishermen have done the necessary work to help popular fish like Gulf red snapper. Snapper is recovering from high levels of fishing pressure that had reduced the number of spawning-age fish to below 3 percent of the entire population. Others, like greater amberjack, are still a work in progress with regard to sustainability. Getting there takes time. “Growth rates, age of sexual maturity and the number of young produced all affect how quickly a population can recover from fishing pressure,” explains Elizabeth Fetherston, deputy director of the Fish Conservation program at Ocean Conservancy, a nonprofit that has been active in the Gulf of Mexico for over 20 years and has been working with fishermen, buyers and retailers since 2005 to support sustainable fishing. Many commercial fishermen are seeing the long-term gain of sustainable fisheries and are taking proactive steps to work through the short-term pain of rebuilding them; those who buy seafood are supporting them more and more. “Experts are working on the science of fishery reproduction rates so managers can appropriately set the level of sustainability for various fish populations. If this isn’t done well, we’ll end up with nothing. The thing is, you can see from

red snapper that sustainable management practices work,” says Shirley. Ironically though, for the most part, buyers who support fully sustainable fisheries have left out those fishermen who are doing the hard work of improving fisheries in recovery. The good news is, some retailers and food-service distributors are beginning to include these fisheries and support those fishermen striving toward sustainability. This allows them greater options for purchasing, yet comes with a fluctuating volume of supply and a need for greater understanding of local fishery regulations to determine what is sustainably caught. Sustainable fishing practices are rooted in science-based fishery management. Factors are built into models, much like hurricane prediction models, that managers use to determine when we can harvest fish, which fish are best to take and how many fish we can keep. It’s important to understand and accept the fishing seasons, size limits and bag limits that managers set, all defined by science with the goal of sustainability in mind. By understanding the science involved in maintaining healthy fishing populations, buyers and consumers can be certain that their favorite seafood meal will always be available. TJ Marshall is the Director of Constituent Outreach for the Ocean Conservancy. F lO R i da R EsTau R a N T & lO d g i N g

PROF i L e

The Riverside Hotel

A luxurious and laidback mix of Caribbean style and Old Florida charm

By SUSIE MCKINLEy Do you know what the vision and/or motivation of the original owners were? Because the ownership developed the Las Olas Boulevard as the “Crown Jewel” of Fort Lauderdale, they felt it was very important to have a fine hotel on the boulevard to attract visitors.

n September 2011, Florida Restaurant and Lodging Editor, Susie McKinley, sat down with the management of the elegant Riverside Hotel to learn their “Secrets to Success”. The Riverside Hotel in Fort Lauderdale is a landmark on beautiful Las Olas Boulevard.

How long has The Riverside been open? The historic Riverside Hotel, currently celebrating its 75th anniversary, is located in the heart of Downtown Fort Lauderdale, as the only hotel on the city’s prestigious Las Olas Boulevard. Opened in 1936 by the Wells family, who also developed the Boulevard, the Riverside Hotel is both luxurious and laidback, mixing Caribbean style with old Florida charm. Please describe the Hotel: The 12-story property features 214 guestrooms inclusive of 6 suites accentuated by Tommy Bahama®-styled design elements, vintage décor, as well as the most discriminating detail - sweeping views overlooking the city skyline, Atlantic Ocean and New River. Amenities include a heated outdoor swimming pool; a fitness room; complimentary wireless Internet; a marina with boat dockage 18 O CTO B ER / N OV EM B ER

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space, accommodating vessels up to 150 feet.; more than 11,000 square feet of indoor banquet/meeting facilities; and outdoor catering venues ranging from 800 square feet – 20,600 square feet. The hotel also houses several dining options including Preston’s Wine & Martini Lounge located in the main lobby, the Golden Lyon Vintage Pub, and Indigo, a neighborhood restaurant where patrons can choose to sit within its comfortable dining room or dine al fresco along Las Olas Boulevard. Guests of the Riverside Hotel can now earn Stash Hotel Rewards points. It is also a pet friendly hotel.

What makes your hotel unique? The Riverside offers every amenity possible to our guests. From boat slips and dockage space, to a fabulous location on the most beautiful Boulevard in South Florida, the Riverside Hotel is unique in that it offers so much both to guests and residents of Fort Lauderdale. What are your signature amenities? Our number one amenity is our location, being right on Las Olas Boulevard and the New River. In addition, guests get to enjoy our Indigo Restaurant, which is a locals’ restaurant with regional flair type of cuisine; they can sit on the patio overlooking Las Olas Boulevard and 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

enjoy watching people as they pass by. The Golden Lyon Vintage Pub is the right venue for our sports enthusiasts. Preston’s Wine & Martini lounge is “The Place Where People Meet & Mingle”. Also, can you describe your “Dockage Amenities”? We can accommodate vessels up to 150 feet; we are lucky not to have any bridges between the Hotel and the Intracoastal. Our full-service marina provides electric and water service, and secure boat slips monitored by security patrols and cameras. Laundry and dry cleaning service, complimentary wireless internet in all common areas and pool area, a heated outdoor pool, featuring poolside service, and a Business Center located in the Hotel’s Lobby are all available to marina guests. In addition the City’s water taxi is available for transportation through the waterways or to the beach if desired. Have you seen the tastes of your guests change over the years? Guests in today’s world are looking for unique experiences. When they come to our hotel, we are providing something for everybody. Our unique experiences include the “Water Taxi” to the beach; the famed retail district just at our door step “Las Olas”; nightly entertainment at either Golden Lyon or Preston’s; “Canine & Cocktails yappy Hour” event every Sunday night, and the Arts & Entertainment district just within walking distance. How has the hotel changed since it opened? i.e. décor, amenities, guest activities, etc. We are proud that our hotel has not changed its boutique-type character. Guests consistently comment that the hotel has a wonderful old-Florida charm coupled with personalized service. Have you changed your employee training and/or policies over the years to accommodate for the younger generations? Our hotel has been known for years for its excellent service. With regards to leadership, we practice the philosophy of “Servant Leadership”. This style enriches the engagement of our employees and allows them to be at the same level as leadership. It is a powerful way to remove barriers and develop boundaries. How do you keep your employees engaged and motivated? The secret here is “Communication.” We have w w w.Res t au ra n t a nd lodgi ng.com

speed of service requests for which you have to be on your toes at all times. The customer wants information NOW and expects that every employee can provide the service immediately. The focus here is to transform your hotel into a HPO – “High Performance Organization”.

implemented a daily employee newsletter that is being reviewed by all departments; we e-mail all employees a monthly newsletter to their personal email address; employees are engaged on our social media sites, such as Facebook and Twitter to stay informed. Every employee is aware that “sales” is our first focus and “service” follows suit. What is the most important thing you emphasize with staff about your customers? Own your customers, and treat them like you would treat the visitors to your home. “Ownership” is so important as it translates into empowerment, increased productivity, and taking charge of your business in your department. What critical or priority areas do you emphasize in training your staff? Our main focus is “genuine hospitality”! We have such a diverse staff that do not believe in scripting their interaction with the guests. All of our training emphasizes to the staff on being proud of who they are and to enjoy the interaction with our guests. What do you think are the keys to low employee turnover, and how have you managed turnover? We are fortunate to have very low turnover in our hotel. The following key components are important to a low turnover ratio: 1. Hire the right employees. 2. Train them well. 3. Provide them with the tools and support to be successful. 4. Follow-up with them through open communication to determine their needs. What has been the greatest change in serving your guests over the years? Technology has increased the

What is/are the most important factor(s) to your business longevity? Ensure that your Vision Statement and Mission Statement are always maintained by every member of your team.

Secrets of Success

LONG-LIVeD FRLA MeMbeR buSINeSS This new feature celebrates FRLA members that have been in business for a long period of time. It highlights 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.

G OL F TOU R n a m e n T

FRLA/NRA Golf Tournament Winners

Golf Tournament Contest Winners

1st Place: (National Course) Tony Davenport Dean Carras Bob Brudzinski Bob Van Bergen

Longest Drive Sponsored by AmeriGas Winners: Bob Dearden, Brian Boone

2nd Place: (National Course) Pete Nolan Larry Koelsch Dave Callahan Eddie Kiesel 1st Place: (International Course) Mitch Doren Fran Dowd Bob Ivey

Straightest Drive (National Course) Sponsored by Xcellimark Winner: Eric Arnold Straightest Drive (International Course) Sponsored by Alsco Winner: Dennis McCarthy Marshmellow Long Drive Sponsored by UnitedHealthCare Winners: Scott Thurmond, John Ahredt

Resta e r u e

ra ®

nts Shop

2nd Place: (International Course) Ken Muller Jimmy Tsakalos Frank Guglielmi Jim Elliottt

Closest to the Pin Sponsored by CMSText Winners: Phil Rands, Kevin Kingery

Maximize your savings without compromising freshness and quality                 

Our FREE MEMBERSHIP CARD entitles you to SHOP & SAVE.

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MIAMI • 2041 N.W. 12th Avenue, Miami, FL 33127 • 305 324.4414 MEDLEY • 8850 NW 77th Court, Medley, FL 33166 • 305 884.1213 DAVIE • 7050 State Road 84, Davie, FL 33317 • 954 577.0470 POMPANO • 1470 Copans Road, Pompano Beach, FL 33064 • 954 972.0212 POMP ORLANDO • 3451 W Princeton Street, Orlando, FL 32808 • 407 295.4300 TAMPA • 8105 North 50th Street , Tampa, FL 33605 • 813 247.7900 JACKSONVILLE • 3389 Powers Avenue, Jacksonville, FL 32207 • 904 733.1005 SUPPLYING RESTAURANTS & CATERERS FROM LOCATIONS NATIONWIDE

Wholesale Only. Not Open To The Public. No Minimum Purchase. Please bring your reseller’s permit on your first visit.

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

2011 FRLA/NRA Bob Leonard Golf Classic

(L to R): Rob Gifford, NRA Executive VP, Political Advocacy, Brad Gamble, Infinite Energy, Mary Gavin, CEO, Sol Foods, Nick Vojnovic, President, Little Greek Restaurant, Michael Roche, Infinite Energy, Ken Conrad, NRA PAC Chair & Owner, Libby Hill Seafood Restaurants, Inc.

(L to R): SYSCO Central Florida Team: Jim Elliott, Ken Muller, Jimmy Tsakalos & Frank Gugliana with

NRA Chairman & our own RCS representatives: Victor Konters and Lois Croft

(L to R): Russ Kimball & Chef John Harris, Sheraton Sand Key Resort, Robert Baldwin & Chef John Christian, Nickelodeon Suites Resort.

w w w.Res t au ra n t a nd lodgi ng.com

(L to R): Chau Nguyen & Don Doan, Kobe Steakhouse with Tim Kelly & Allyn Rosenbaum, EcoLab.

(L to R): Don Fox, CEO Firehouse Subs, Robin Sorensen, Co-Founder, Firehouse Subs, Nick Vojnovic, President, Little Greek Restaurant, Dave Reid, Executive VP of Operations, Miller’s Ale House, Ray Holden, President, Miller’s Ale House.

F lO R i da R EsTau R a N T & lO d g i N g

Thank you FRLA Fall Board Meeting Sponsors

Fa L L B Oa R D m e e T i nG

Jack Healan and Bruce Craul speaking on the Online Travel panel at the Fall Board Meeting.

Chef John Executive Chef of the Governor’s Mansion attended the Board Meeting and Show.

Lino Maldonado, Vice-President, ResortQuest by Wyndham. Representative Geraldine Thompson speaking at the FRLA Fall Board meeting. To watch Representative Thompson’s speech, visit http://www.frla.org/events/ board-meetings.

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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

Sean Hanrahan, Lisa Eveson, Kevin Woodall, Tim Sapp

TJ Marshall from Ocean Conservancy with his wife Jennifer Coberly

Polk Chapter President Dawn Richards with her husband Michael Richards

JR & Kristie Kyes, Millerâ&#x20AC;&#x2122;s Ale House with Camron Becker, Miles 360 and Dave Reid, FRLA Chairman of the Board/Millerâ&#x20AC;&#x2122;s Ale House

Thank you FRLA Black & White Party Sponsors

Photos from the Fall Board Meeting and Black and White Party by AmandaRobertsPhoto.com

R E GU L AT ION

New ADA Requirements for

Swimming Pools, Spas,Wading Pools The Florida Swimming Pool Association (FSPA) has summarized some Frequently Asked Questions for new ADA pool requirements which take effect beginning March 15, 2012. The Americans with Disabilities Act (ADA) – what you, your business and your clients need to know in order to be compliant.

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1. What are the permitted means of access? Pool lifts, sloped entries (ramps), transfer walls, transfer systems, or stairs. The criteria that each of these means of access must meet can be found in chapter 10, section 1009, of the revised ADA guidelines, a link can be found on the FSPA website. What type of means of access that must be used and how many means of access required, depend on the structure. 2. What are the swimming pool specific requirements? Both Title II and III entities are required to provide “accessible means of entry for pools.” Larger pools (greater than 300 linear feet of pool wall) require at least two means of access and smaller pools (less than 300 linear feet of pool wall) require at least one means of access. When providing only one means of access, it must either be a pool lift or sloped entry (ramp). Wave action pools, leisure rivers, sand bottom pools, and other pools where user access is limited to one area are not required to have more than one means of access provided that means is either a pool lift, a sloped entry, or a transfer system. Catch pools that have a catch pool edge on an accessible route are not required to provide a means of access. *Note: 1) The ADA recommends that when using more than one means of access, the means be different, i.e., a lift and a transfer wall, and be provided in different locations in the pool. 2) Pool walls at diving areas and areas along pool walls where there is no pool entry because of landscaping or adjacent structures are 2011

still to be counted when determining the linear feet of pool wall. 3. What are the wading pool specific requirements? Both Title II and III entities are required to provide “accessible means of entry for wading pools.” Wading pools must have at least one means of access and that means must be a sloped entry (ramp). The sloped entry must extend to the deepest part of the wading pool, but it is not required to provide handrails. 4. What are the spa specific requirements and how does the ADA apply to portable spas/hot tubs? The ADA does not distinguish between inground and portable spas. Both Title II and III entities that have any type of spa, in-ground or portable, are required to provide at least one “accessible means of entry.” The means of access can either be a lift, transfer wall, or transfer system. When spas are provided in a cluster (adjacent to each other) only one spa must provide a means of access. However, portable spas are not allowed in commercial facilities in Florida, per 64E-9, F.A.C. 5. Do the new requirements apply to both existing and new swimming pools, wading pools and spas (inground and portable) that fall under the Title II or III categories? Yes, the permitted means of access must be provided on all installations no later than March 15, 2012. However, it is highly recommended these means of access be added to both new and existing con-

struction as soon as possible. 6. Are there service requirements for ADA equipment? Yes, mandated features must be maintained in working order. The regulations provide a “Maintenance of Accessible Features” provision which states that “a public accommodation shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities.” 7. How will these requirements be enforced? Enforcement will vary from state to state, but does not change the fact this is the law. Direct action against noncompliant facilities may be taken by local building or health officials enforcing state or health building codes that reference the new guidelines. Individuals may also file civil lawsuits against noncompliant facilities. Indirect enforcement can occur when a local government becomes ineligible for a federal grant unless all facilities are in compliance. 8. How does the ADA affect existing state and local building codes and health department rules for public pools? Existing codes and rules remain in effect. The ADA allows the Attorney General to certify that a state law, local building code, or similar ordinance that establishes accessibility requirements meets or exceeds the minimum accessibility requirements for public accommodations and commercial facilities. Any state or local governF lor i da R estau r a nt & Lo d g i n g A s soci at i on

Visit www.floridapoolpro.com or contact the Florida Swimming Pool Association at 800-5486774 for more information. ment may apply for certification of its code or ordinance. The Florida Department of Health public pool rule (64E-9, F.A.C.) references the 1990 ADA and will be updated to reflect the revised law, but timing of such is indeterminate at this time. However, in Florida, the ADA is typically imposed by the building code and the Florida Building Commission has worked to insert the revised ADA guidelines into the 2012 Florida Accessibility Code. Further, changes to the FL Accessibility Law were made in House bill 849. Once complete the FBC will seek Attorney General/Department of Justice Certification. This will help to ensure direct enforcement by local building officials throughout Florida. 9. What financial assistance is available to employers/owners to help them make reasonable accommodations and comply with the ADA? A special tax credit is available to w w w.Res t au ra n t a nd lodgi ng.com

help smaller employers make accommodations required by the ADA. Information discussing the tax credits and deductions is contained in the Department of Justice’s ADA Tax Incentive Packet for Businesses available from the ADA Information Line. Information about the tax credit and tax deduction can also be obtained from a local IRS office, or by contacting the Office of Chief Counsel, Internal Revenue Service. 10. Where can I learn more about these requirements? FSPA has developed a course, “2010 ADA Regulations for Swimming Facilities” presented by John Caden of SR Smith, LLC. Information can also be found on the FSPA website and at www.ADA.gov. Manufacturers of products that provide accessible means of entry also have information that can be found on their websites.

What is ADA? The ADA is a wide-ranging civil rights law that prohibits discrimination based on disability. Disability discrimination occurs when an employer or other entity covered by the ADA treats an individual with a disability unfavorably or less favorably because he or she has a disability or a history of a disability. The law requires an employer or other entity to provide reasonable accommodation to an employee or applicant with a disability, unless doing so would cause significant difficulty or expense (“undue hardship”). The Department of Justice (DOJ) is the federal agency charged with enforcing the ADA. What sections of ADA apply to swimming pools, wading pools and spas? a. Title II (Public Industry) – Title II prohibits disability discrimination by all public entities at the local and state levels. Examples of Title II entities include school districts, municipalities, cities, and counties. b. Title III (Private Industry) – Title III prohibits disability discrimination by any place of public accommodation (commercial facilities). Examples of Title III entities include a place of recreation, a place of education, and a place of lodging. More information on what constitutes a public accommodation will be forthcoming in a separate document.

F lO R i da R EsTau R a N T & lO d g i N g

Gi V i nG B ac k

Third Annual Heroes Welcome

Hawks Cay Resort Honors Military, Fire Rescue, Police And Medical Personnel

awks Cay Resort in the Florida Keys announces it will once again extend its annual Heroes’ Welcome program to military, fire rescue, police, and medical personnel. From August 15 – October 31, the third installment of this celebration will honor those who protect our safety through room rates starting at just $99 as well as special discounts on fishing, diving, water sports, Dolphin Connection, spa and more. “We are honored to be able to host these American heroes for a third consecutive year,” said Sheldon Suga, Hawks Cay Resort managing director. “In a time where the fruits of their labor are as evident as ever, we feel it is important to show our respect any way we can.” At the center of the Heroes’ Welcome is the “heroes in action” presentation hosted around the main pool as the sun sets every Saturday night. A slide show and video presentation including pictures provided by guests as well as other iconic, and heroic imagery will be featured with music. Following the video, attendees will move to the fire pit which will be lit as a tribute to those heroes we have lost, as well as those formerly and currently in action. The ceremony concludes with a presentation of live music around the burning fire pit. This year’s inaugural weekend was kicked off in true American style with a live music performance from country music and television star Daniel Lee Martin. “Our Heroes Welcome program has grown each year and every season we welcome more and more members of the public safety communities. We’ve been receiving inquiries for this promotion for months and we’re really gearing up to make this a memorable experience for our heroic guests and their families,” Suga added.

Children and Florida Keys’ heroes participate in a water balloon contest 26 O CTO B ER / N OV EM B ER

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Soldiers and representatives from Healing Our Wounded Soldiers, Astronaut Mario Runco Jr., Hawks Cay Managing Director Sheldon Suga, Hawks Cay Marketing Director Jennifer Dinan, representatives from Firehouse Public Safety Foundation and Hawks Cay fishing guides with visiting soldier’s families

(L to R) NASA Astronaut Mario Runco, Jr. with Hawks Cay Managing Director Sheldon Suga

Country singer and host of Backstage and Backroads Daniel Lee Martin and his band

Hawks Cay Resort and Firehouse Subs, a fast-casual restaurant with 410 locations, have once again joined forces for this year’s Heroes’ Welcome. The resort will donate a portion of proceeds to Firehouse Subs’ primary charity, Firehouse Subs Public Safety Foundation. While the $99 starting rate is limited to American heroes, all resort guests can receive a special 20% off best available rate by making a donation of $1 or more to the Firehouse Subs Public Safety Foundation.

Coming soon! New video on ADA regulations and compliance. Enabling Independence: Service for Guests with Disabilities DVD will include both English and Spanish versions.

For more details, call 800-349-0299 or 407-999-8100 www.ahlei.org

Thomas Eubank experiences the view from the front seat of one of Monroe County’s fire trucks on display w w w.Res t au ra n t a nd lodgi ng.com

11-04101

F lO R i da R EsTau R a N T & lO d g i N g

Movers & Shakers Billy Grimm has been named president of GrillSmith “…a refinedcasual chef-inspired restaurant concept with six locations in Tampa Bay that specializes in innovative and creative interpretations of classic American dishes….” Before joining parent company, Front Burner Brands in 2010, Grimm worked in management with OSI Restaurant Partners, Inc. Dannette Lynch, former FRLA Tampa Bay/SW Regional Director has been promoted as FRLA’s Director of Membership. Dannette will remain in the Tampa area. Congratulations Dannette! In memory of its distinguished chairman, FHM Insurance Company partnered with the FRLA Education Foundation in 2008 to establish the James E. Brock scholarship endowment fund. FHM is pleased to announce that Natalie Holler was selected as the 2011 recipient of the $2,500 scholarship. Ms. Holler is a hospitality major at FSU with work experience at a business restaurant consulting agency in Atlanta and as assistant manager of her fam-

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2011

ily’s restaurant in Pensacola. FHM and FRLA congratulate Ms. Holler for her outstanding achievements which resulted in her scholarship selection. Florida Commissioner of Agriculture Adam Putnam recently announced the appointment of Robin Safley as Director of the School Food and Nutrition Programs. During the 2011 Legislative Session, the Florida Legislature transferred the state’s school nutrition programs and the Office of Energy to the Department of Agriculture and Consumer Services (DACS). The transfer of the state’s school nutrition programs will be effective January 1, 2012.

New FRLA Membership Director, Dannette Lynch, SW Florida Chapter President Bill Wagner and Vice President of Education and Training, Geoff Luebkemann.

Legislative breakfast where Richard Turner spoke for Manatee Chapter

L to R: Richard Turner, FRLA; Bill Galvano, former Representative, future Senator; Rep. Jim Boyd; Rep. Greg Steube; Sen. Mike Bennett

Newly elected SW FL Chapter Board Members Al Romeo of Flemings Restaurant and Rebecca Goff of Costco welcome a guest to the Chapter’s reception

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

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F lO R i da R EsTau R a N T & lO d g i N g

mOV e R s & sH a k e R s

Wyndham Grand Orlando Resort Bonnet Creek Names Andrew Edwards Executive Chef

yndham Grand Orlando Resort Bonnet Creek, a new luxury resort scheduled to open in early October 2011, today announced the appointment of Andrew Edwards as executive chef. In his new role, Chef Edwards will be responsible for all food and beverage services, creating seasonal menus for the resort’s three signature restaurants, overseeing its bar and lounge operations and managing the skilled culinary staff. The distinguished chef brings more than 20 years of culinary experience to the Wyndham Grand Orlando Resort Bonnet Creek. Prior to joining the new, full-service hotel, Edwards served as executive chef at a variety of locations

across the country and Caribbean, including: Dallas Country Club, Pacific Island Club Guam, Los Colinas & Omni Dallas Park West Hotel, Hilton Midland and Towers, Renaissance Dallas Hotel, Wyndham Orlando Resort and Wyndham Sugar Bay Resort & Spa. During his time at Omni Mandalay Hotel, Omni Hotel Corporation awarded him the honor of executive chef of the year among all of its hotels. “We are delighted to welcome Andrew to our growing food and beverage team,” stated Jurgen Schafers general manager at the Wyndham Grand Orlando Resort Bonnet Creek. “His years of expertise as a culinary professional make him an exceptional addition to the hotel and we are excited about the new flavor he will bring to the Orlando area.” Edwards’ previous positions also include assistant executive chef at The Rio Hotel &

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Casino, Las Vegas; sous chef at Westin Galleria Dallas; and banquet saucier at Westin Century City Los Angeles. Additional achievements include recreating the Sydney Opera House in chocolate in celebration of the 2000 Summer Olympics and preparing meals for such dignitaries as Vice President Dick Cheney and First Lady Laura Bush. He trained in yokohama and Tokyo, Japan, while living in the South Pacific for five years. Chef Edwards will oversee all of Wyndham Grand Orlando Resort Bonnet Creek’s foodand-beverage outlets. · deep blu seafood grille, the signature fine dining outlet, will invite seafood and beef lovers alike to indulge in its colors of the sea and vibrant atmosphere. • Bar 1521, just outside the entrance of deep blu, is the perfect place to grab a drink before dinner, meet up with friends or just unwind after an excellent meal. • Tesoro Cove, with large windows overlooking a central lagoon, offers both a fullservice menu and breakfast buffet options. • Back Bay, located in a beautiful pavilion next to a zero entry pool, offers quality dining poolside. • Barista is a central meeting place that doubles as an inviting market-style eatery and offers guests the chance to grab a quick bite or relax in the comfort of an oversized chair while sipping a specialty coffee. • The resort will also offer round-the-clock room service. For information about Wyndham Grand Orlando Resort bonnet Creek visit www.wyndhamgrandorlando.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

Columbia, Columbia Café Donate to Non-Profits

or its 14th year in a row, during the entire month of September, the Columbia Restaurant Community Harvest program benefited non-profit organizations throughout the state of Florida. Over the past thirteen years, the Columbia Restaurant Community Harvest has donated over $1,181,000 to non-profit organizations throughout Florida. The Columbia donates 5% of all guests’ lunch and dinner checks to the charitable organizations chosen by their customers during the month of September. The Community Harvest takes place in all of the Columbia Restaurants. “We started this program in 1998 as a way to help many of the worthy non-profit groups that are so important to our communities,” noted 4th generation family member and president, Richard Gonzmart. “We thought the best way to do this was by letting our customers get involved in selecting the organizations.” For a list of participating non-profit groups, please visit: www.columbiarestaurant.com/news_events.asp

Pinellas Hospitality Golf Classic

The Pinellas Hospitality Golf Classic was a huge success! Steve Collins Owner, Coast Brothers, Mark Justin: Whitehall, Patrick Collins Sales Representative Coast Brothers, France Meena, SCA Sales, Jeff Chapman VP USG, Jay Upchurch, LaGasse Sales, Brian Michaels CBM,Roy Wheeler Coast Brothers Sales Representative and Rusty McClelland

Event Calendar 2011-2012

For more information: www.frla.org/events

n AH&LA Fall Conference & international Hotel, Motel & Restaurant Show Friday-Tuesday, November 11-15, 2011 New York City, NY n FRLA Social Media Marketing Summit Tuesday, November 15, 2011 Marriott Harbor Beach Resort, Ft. Lauderdale For more information about this event, Contact Dan Murphy at 850224-2250 ext 235 or dmurphy@frla.org, or visit http://www.frla.org/ events/marketing-summit.

n FRLA Winter Board Meeting & installation Banquet Monday-Wednesday, December 5-7, 2011 Emerald Grande, Destin For more information, Contact Sandy Moore at 850-224-2250 ext 245 or sandym@frla.org.

n Legislative Session Convenes Tuesday, January 10, 2012 n Florida Tourism Day Wednesday, January 18, 2012 Tallahassee, FL w w w.Res t au ra n t a nd lodgi ng.co m

2007 Supplier of the Year ATTENTION

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Part II of a Series

GR e e n T i Ps

Just How ‘Green’ Can a Barbecue Restaurant Be? By SCOTT JOSEPH

et’s face it, restaurants aren’t known as bastions of energy efficiency. Lights blaze, burners burn, high-powered exhaust fans suck heat and air-conditioning out the vents. And barbecue restaurants like Brian’s BBQ in Deland have that extra element of burning wood all day and sending smoke up the chimney and into the atmosphere. yet owner Brian Hill has plans to renovate his barbecue restaurant into the sort of place the Environmental Protection Agency could be proud of. Going green is a buzz phrase being bandied about by businesses of all types, restaurants included. But most foodservice operations switch from foam boxes to biodegradable and compostable takeout containers and consider the conservation tree fully hugged. Hill believes there is a lot more that can be done, and he’s taking his restaurant to environmental extremes. And he’s getting a chunk of it paid for by a grant made possible by the City of Deland. Hill started out just wanting to upgrade the insulation of his barbecue restaurant, which was built in 1985, before energy efficiency was the priority it is today. But as he did his research, he realized that it didn’t make much sense to upgrade the insulation if you would still be losing energy through the windows. And the old roof. And why keep an inefficient air conditioning unit? Conventional lights produce a lot of heat and consume a lot of energy. Switching to LED lighting with solar cells seemed a good idea, too. Hill soon found that what he thought would be a quick insulation job that might run $8000 was turning into a complete facility overhaul approaching almost 18 times that amount. Then he heard that the City of Deland had received federal funds to spend on projects to promote energy efficiency. In a rare move, the city was making a portion of the funds to private businesses. Hill applied for and received a grant. Bob Turk, economic development direc32 O CTO B ER / N OV EM B ER

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tor for the city, says the funds were part of the federal stimulus that was allocated specifically for improving energy efficiency. The funds have been approved for new roof, air-conditioning and facade at Brian’s BBQ, he says. Hill started to look at other ways to green his business, and he turned to Chris Lewis of Tampa-based EcoGreen Hotel for advice. Lewis says he counseled Hill on ways that he could reduce the restaurant’s burden on the power grid and still be a profitable business. One of the area’s for improvement that Hill has considered is his water usage. He is investigating capturing rainwater for reuse for flushing toilets, mopping floors and irrigating the landscaping. (The landscape will need less water because Hill’s plans include converting to a Florida xeriscape layout.) This is known as gray water, and Hill says the whole subject is something of a gray area. There are understandably concerns about reuse of such water -- filtering for use in a dishwasher, for instance, is currently out of the question. But Hill hopes that local authorities, which generally have the power to rule in such matters, will OK his plans. Besides rainwater runoff from the new roof, the water that is generated by the air conditioning system could also be harvested, says Hill. Then there is the issue of heating water. Brian’s BBQ already uses an efficient tankless system, but Hill believes there is a way to make it even more productive. “Restaurants generate a ton of heat,” says Hill. “In a barbecue restaurant, we have a particular advantage: we build fires every day.” Hill believes that such a low-tech solution as running the water pipes through the barbecue pit could heat the water for use in the restaurant, though the problem may be in getting the water too hot. Hill is also considering converting the engines of his diesel-fuel delivery trucks to run on spent fryer oil, a resource of about 50 gallons every week. He currently sells the used oil to someone who converts it to biofuel, but thinks the engine conversion may be the way to go. Also, a rebuilt generator could produce electric-

ity from the grease. Not everything involved in making a restaurant greener has to do with energy consumption, at least not directly. One of the factors that Green Restaurants Association (dinegreen. com) considers when evaluating a restaurant for certification is the restaurant’s use of local, sustainable food. Food is considered to be local if it is sourced from within a 100-mile radius; food from within a 300-mile radius is called regional. Food that has to travel farther than that requires more energy and fuel to get it to the final destination. Florida restaurants are hampered by a limited number of producers. Barbecue restaurants in particular have to rely on meat products that are often sourced from producers in Iowa, Kansas and Texas, well outside the 300-mile radius. But Hill says he does what he can. And what about the issue of burning wood in his meat smoker? Hill argues that at least the wood is a renewable energy source. And he suggests that what is emitted by a barbecue restaurant is no worse than what is sucked up through the exhaust vents at any other restaurant. Hill doesn’t claim to be an expert on the subject of greening a restaurant. “I’m just a guy who’s going through the journey of researching these things,” he says. “I’m learning as I go, and I’ll probably make mistakes.” So he’s open to suggestions on how to proceed. He welcomes ideas from Florida Restaurant & Lodging Association allied members who have energy efficient solutions as well as from diners who have a good thought. He invites everyone to leave notes at a Facebook page he has set up for the restaurant’s renovation process at facebook.com/briansbbq. Next issue: The progress report. Scott Joseph is an internationally recognized restaurant critic, consultant and writer. He publishes Scott Joseph’s Orlando Restaurant Guide at ScottJosephOrlando.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

m e m Be R sP O T L iGH T

Al Gardner

A&L AssociAtes

lvin (Al) L. Gardner’s devotion to the industry and commitment to the organization is unparalleled. As President and Founder of A&L Associates, Al has more than 35 years of progressively responsible experience in the hospitality industry including management and consulting, as well as marketing and operations. A&L Associates was founded in 1983 in Dallas, Texas and has enjoyed 20 successful years of management and ownership in the hospitality industry. The business has grown into a professional management consulting firm that serves clients throughout the United States, Europe and Asia. Clients include restaurants, lounges and nightclubs, hotels, retailers, theme parks, transportation companies, and golf courses. Big names and small, you would know every one of them on the list. A&L opened a second office in Greensboro, N. C. in 1989, and an Orlando office was established in 1992. Serving this true cross section of our industry, A&L Associates provides guidance, feedback and vital information to help build businesses and focus them on better serving their guests. Al joined the FRLA in 1992 as an allied member through A&L Associates and has maintained his membership since then. Changing from Allied member to Restaurateur as his business and partnerships changed, Al has been able to serve the organization in a number of different capacities. At the local level, as a member of the Central Florida Chapter, Al became a board member shortly after joining the organization. Al stepped up his participation as a Board Member, Vice President and ultimately President of the Central Florida’s Chapter of the FRLA in 1999. Al is still active in the local chapter. In addition to holding progressively larger offices, he has chaired projects including the Golf Tournament, the Orlando Food and Wine Festival, the Texas Hold’em Tournament and Lobby Day for the chapter. His company currently serves as the Executive Administrator for the Central Florida Chapter which includes taking minutes and preparing financial statements. Al is also the recipient of the Central Florida Chapter’s prestigious President’s Lifetime Achievement Award. Al joined the State Board in 1994 as a restaurant member and has served as chairman of the Member Activities and Chapter’s Presidents Committee. He was also one of the founding members of the NRA/FRLA Celebrity Golf Tournament, helping it transition from a local chapter event to the premier national event that it has become. Also, Al has served two terms as Chairman of the FRLA Allied Member Council. Al has worked on many projects for the Central Florida Chapter. Its success, organization and consistency from year to year, as stand out chapter of FRLA, are due in a large part to Al’s guidance.

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F lO R i da R EsTau R a N T & lO d g i N g

Busi n e s s c l i m at e

Are You I-9 Compliant? By Rebecca Black

ecently, a small to medium sized independent hotel contacted us because they had received Notices of Intent to Fine (NOIF) from the Immigrations and Customs Enforcement (ICE) totaling about $45,000. It was at this point they realized they needed to seek independent help. Late in 2010, an ICE officer came to their hotel and presented a Notice of Inspection (NOI) of files, giving them three business days to give their I-9 employment verification files to ICE. Reviewing their files, they made the few changes they saw as necessary and feeling confident that all was in order, they submitted their files. They were not overly concerned- after all, they routinely checked identification documents as part of the employment process and they were not knowingly employing any illegal aliens. However, they found out how wrong they were when they received the bill. Errors on the I-9 Form can be fined from $110 but not more than $1,100 for each violation. That is not per I-9, but for each error, omission, out of date document that has not been updated etc, contained within the one page of the Form I-9. These fines have nothing to do with the knowing or unknowing employment of illegal aliens, but solely with errors in the paperwork. As each form has about 50 blanks (while not all require an entry), the potential fine for each incorrectly filled I-9 ranges from $110 to $55,000. Multiply that by the number of current and recently terminated employees on the payroll records and any business could quickly be put out of business. As you have experienced, the challenge facing the independent owner/operator of a restaurant and/or hotel is that often they are too busy to pay attention. They are checking people in, taking care of bills, the plumbing leak, putting together a food and beverage order, checking id’s for underage drinking, putting together a schedule of staff who can be semi transient- disappearing and taking off on whim, all this and make a profit too. So when the new employee candidate shows up and starts filling out the paperwork, there is no separate HR department to sift through the various regulatory requirements, but rather one overworked person copying the id’s, thinking that they have the correct List A document along with the Correct List B document and believing the person to be a US Citizen because they were born in Interlaken 34 O CTO B ER / N OV EM B ER

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(near Palatka, which is near St. Augustine) and takes the packet to be given to the payroll company. However, all that is really irrelevant to ICE. While there are penalties for employing illegal aliens, their focus here is that the forms be correct. So first of all, go to http://www.uscis.gov/ files/form/i-9.pdf and download a CURRENT copy of the I-9 Form and basic instructions. Using a much copied variation of a prior I-9 Form is a finable offense in and of itself. Go over the form, if someone other than the person fills out the top employee part- the preparer must fill out that they prepared it – even if that was you. The point of the I-9 is to show that you have verified identity with a government approved ID and that you have checked that they are eligible to work in the US. As a List A document is one that inherently has both, a U.S. Passport for example ids the person and is only given to US citizens, who are eligible to work in the U.S. so if you have a List A document, you do not need a List B or List C document. However, if someone gives you a List B document such as a state issued driver’s license or id, you will need to obtain a List C document to show employment eligibility such as a social security card. However, if the social security card has stamped across its face something similar to “valid only with employment authorization,” then you MUST obtain their employment authorization card (which is a List A document) to verify that they are still employment authorized as authorization can be given for short periods of time only depending on the situation. It goes without saying that ALL documents must be unexpired. One of your responsibilities is to look at the id and verify that it is unexpired. If you notice it is expired, you have to request that they give you valid documents prior to start of employment. If it is due to expire shortly, then you need to advise the employee that they need to bring you proof of application or the new document prior to employment. You are certifying the date the employ began working and the date that you sign the I-9 must be within 3 days of that employ’s start date. Needless to say, if the employee signs the I-9 on September 19, 2011, he starts employment on October 15, his driver’s license expires on October 14 and you signed the I-9 when he filled out the application packet on September 19, you have several finable issues. You are also responsible for noting updates on the I-9 with

the new Id’s. The United States Citizenship and Naturalization Service (USCIS) has an online handbook http://www.uscis.gov/files/ form/m-274.pdf , which is worthwhile to help you wade through the I-9 Form. It is also useful to hire an immigration attorney accustomed to I-9 compliance before ICE shows up at your door requesting these files. They can conduct an audit of your files and help you develop a plan to maintain them as ICE is now targeting independent hotels and restaurants. If you get that notice before you have had an opportunity to review your files, it is critical that you retain an experienced I-9 attorney to help you with this before it turns into a $40,000 fine. Our client? After several conversations with the Government Attorney, we submitted substantial documentation to show a severe decrease in revenues due to the recession, the likelihood of closure with such a substantial fine and the harm it would do to the local area and updated I-9 forms with explanations of prior errors and current payroll reports. They had misread the I-9 instructions to require a List A document AND a List B or List C document rather than a List A document OR as List B and a List C document. Their case is still under review and we are anxiously awaiting ICE’s decision. Rebecca Black is an immigration attorney practicing with David R. Fletcher in Jacksonville Florida. The firm has a combined experience of close to 40 years in the field of immigration law. Ms. Black earned her degree from Florida Coastal School of Law in 2006 after 15 years opening and managing restaurants internationally and 5 years in the light industrial temporary help industry. In addition to her legal degree, Ms. Black also has a Master’s of Business Administration degree from Marymount University and a Bachelor’s of Arts in History from the University of Virginia. Her combination of work experience and business education especially qualifies her in the field of business immigration work Ms. Black speaks Spanish and French, is a member of the American Immigration Lawyers Association, the Florida Bar Association, the Jacksonville Bar Association, the Jacksonville Women Lawyer’s Association, the Hispanic Bar Association and the Hispanic Chamber of Commerce.

F lor i da R estau r a nt & Lo d g i n g A s soci at i on

e m PL OY m e n T

Take This Tip Tips Versus Compulsory Service Charges By RICHARD D. TUSCHMAN, ESQ,. AND MARK J. BEUTLER, ESQ.

Why Use the Tip Credit and Tip Pooling? The advantage to using the Fair Labor Standards Act’s (FLSA) tip credit is that it allows employers to pay employees significantly less in direct wages and effectively take credit for a portion of the tips that customers pay to employees. Employers may also claim a credit for the Social Security and Medicare taxes paid on the tip income of employees who receive tips for serving food or beverages for consumption. Allowing employees to pool their tips offers other advantages. Tip-pooling allows employers to claim a tip credit for some employees, such as table bussers, who receive little or no tips and would otherwise have to be paid the full minimum wage. Tip pooling also provides employees with what they may regard as a fairer distribution of wages and can promote teamwork among employees. How Tip-Pooling Works The FLSA permits employees to pool their tips. Moreover, an employer can require employees to pool their tips. In determining whether the employee has received sufficient tips to meet the employer’s minimum wage obligation, only the portion of the tips ultimately retained after making the mandatory “tip out” is considered. Employers are generally free to determine the tip-pooling arrangement among the employees in the tip pool. There is one important exception. Only those employees working in occupations in which employees customarily and regularly receive tips can participate in a tip pool. These occupations include (but are not limited to) waiters, waitresses, bellhops, counter personnel (who serve customers), busboys/girls and service bartenders. It is not required that persons included in the tip pool receive tips directly from customers. For example, a hostess who typically receives no tips can be included in the tip pool and such perw w w.Res t au ra n t a nd lodgi ng.com

sons can be treated as tipped employees. Conversely, employees working in occupations in which employees do not customarily and regularly participate in tip pooling, e.g., dishwasher, chef, and cook, cannot participate in a tip pool. The occupation is not determinative. Most courts focus on whether persons employed in the position regularly interact with customers. If so, persons employed in that position will likely be deemed eligible to participate in a tip pool. A chef ordinarily does not meet the customer. But itamae-sushi and teppanyaki chefs may participate in tip pools because those positions have direct contact and interaction with customers since they prepare customer meals on teppanyaki tables and serve meals to customers. Wage & Hour Op. Ltr. December 19, 2008. See also Ash v. Sambodromo, LLC, 2009 WL 3856367 (S.D. Fla.) (trial necessary to resolve whether sushi chef’s level of customer interaction sufficient to permit participation in tip pool). Courts apply this test inconsistently as to how much customer interaction is required in order for an employee to participate in a tip pool. Service bartenders and busboys are probably safe to include in the tip pool, unlike cashiers who normally cannot participate in a tip pool. But a cashier ordinarily interacts with customers far more than a service bartender or busboy. One federal court in the Southern District of Florida rejected customer interaction as the dominant consideration in favor of whether the worker in question is one whom the customer would normally anticipate as sharing in the gratuity. Wajcman v. Investment Corp. of Palm Beach, 2009 WL 465071 (S.D. Fla. 2009). Expanding a tip pool beyond persons who receive tips directly from the customers is risky, and restaurants that do so should have their tip pooling arrangement reviewed by an employment attorney.

DOL abandons cap on contributions to tip pools Department of Labor (DOL) regulations previously limited the percentage of tips that a tipped employee could be required to contribute to the tip pool to an amount that was “customary and reasonable.” As a matter of enforcement, the DOL set that amount at 15 percent. The new regulations abandon that limitation and clarify that the FLSA imposes no maximum contribution on mandatory tip pools. Employers can dictate the portion of tips that must be contributed to the pool. However, the tipped employee must be notified of any required tip pool contribution amount. Tip Pools Restricted to Non-Managerial Employees Employers are ineligible to participate in a tip pool. The FLSA’s definition of an “employer” includes “any person acting directly or indirectly in the interest of an employer in relation to an employee” (29 U.S.C. §203(m)). Courts generally use the “economic reality test” to determine whether an individual is an employer. This test inquires into whether the individual (1) has the power to hire and fire employees, (2) supervises and controls employee work schedules or conditions of employment, (3) determines the rate and method of employees’ pay, and (4) maintains employment records. The greater number of these factors present, the more likely it is that the individual will be deemed to be an agent of the employer and thus ineligible to participate in the tip pool. The prohibition against management employees participating in the tip pool applies even if the manager works as a server or other tipped employee. Wajcman v. Investment Corp. of Palm Beach, 2009 WL 465071 (S.D. Fla. 2009) Significant Cost of Noncompliance Increasingly, plaintiffs’ lawyers and the DOL are challenging employers’ use of the tip credit and tip pools through F lO R i da R EsTau R a N T & lO d g i N g

m e m Be R sH i P lawsuits and investigations that are costly to defend and threaten employers with significant legal exposure. Liability can be substantial. An employer’s liability for violating the tip credit and tip pooling rules is measured by the difference between the direct wage and the full minimum wage (typically $3.02 in Florida) for every hour logged for up to three years under federal law, and up to five years under Florida law. If an employer-established tip pool includes any ineligible employees (discussed below), the employer will lose the tip credit for all participants in the tip pool. Chan v. Triple 8 Palace, Inc., 2006 WL 851749, *14 (S.D.N.y. 2006). In addition, the new regulations (which flatly forbid employers from retaining tips) would seem to require that the employer reimburse those who contributed to the pool their share of tips paid to ineligible tip pool participants. Liquidated damages equal to the amount of back pay and attorney’s fees also may be part of an employee’s award. It gets worse. Prevailing plaintiffs can recover their attorney’s fees from the employer. (It only works in one direction – employers who prevail cannot recover their attorney’s fees from the plaintiff). Of course, employers have to pay their own attorney’s fees. Violations of the tip credit rules tend to involve more than one employee. For example, violations of the tip-pooling rules will “poison” the tip pool and subject an employer to liability for all participants in the tip pool who were paid a reduced wage. Similarly, if an employer misclassifies non-tipped employees as tipped employees, or fails to give proper notice of the tip credit to tipped employees, liability will result for all affected employees.

As a consequence, tip credit cases are often litigated as collective or class actions on behalf of all current and former tipped employees, and liability is multiplied by the number of tipped employees on the payroll. But large numbers of tipped employees are unnecessary to have substantial liability. The restaurant at issue in Chan v. Sung yue Tung Corp. paid $1.8 million for tip credit violations involving 11 waiters and waitresses. Conclusion Violation of tip credit rules can result in substantial liability. For employers in the restaurant industry, understanding the FLSA’s tip credit and tip pooling rules is vital to ensuring compliance with the FLSA and avoiding substantial liability. Restaurant employers must: (a) know the rules for the tip credit and tip pooling; (b) give proper notice to all tipped employees, and (c) scrutinize tip pools to exclude non-tipped employees and managers. 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 wage-hour 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.

Out OF COmpLiAnCe?

Get To Know Your FRLA Regional Directors Ray Green Corkey Bergamo

Northwest Florida - Ray Green 230 S. Adams Street Tallahassee, FL 32301 Office 850-224-2250 ext. 230 Cell 850-545-5901 Fax 850-224-1590 rgreen@frla.org

Stephanie Murdoch

Northeast Florida - Corkey Bergamo 11920 Gran Crique Ct. S. Jacksonville, FL 32223 Home/Fax 904-880-6964 Cell 904-993-6287 cbergamo@frla.org

Danneee Lynch

Central Florida - Stephanie Murdoch 201 W. Canton Ave., Suite 100 Winter Park, FL 32789 Cell 407-405-4070 Fax 407-478-4575 smurdoch@frla.org Tampa Bay & Southwest Florida - Danneee Lynch PO Box 554 Largo, FL 33779 727-642-3404 Fax 727-953-6803 danneee@frla.org

Lynne Hernandez

Marco Island

South Florida - Lynne Hernandez PO Box 566263 Miami, FL 33256-6263 Office 305-598-FRLA (3752) Cell 305-710-3962 Fax 305-598-3753 lhernand lhernandez@frla.org

Northwest Florida - Ray Green 230 S. Adams Street Tallahassee, FL 32301 Office 850-224-2250 ext. 230 Cell 850-545-5901 Fax 850-224-1590 rgreen@frla.org Northeast Florida - Corkey Bergamo 11920 Gran Crique Ct. S. Jacksonville, FL 32223 Home/Fax 904-880-6964 Cell 904-993-6287 cbergamo@frla.org Central Florida - Stephanie Murdoch 201 W. Canton Ave., Suite 100 Winter Park, FL 32789 Cell 407-405-4070 Fax 407-478-4575 smurdoch@frla.org Director of Membership / Tampa Bay & Southwest Florida - Dannette Lynch PO Box 554 Largo, FL 33779 727-642-3404 Fax 727-953-6803 dannette@frla.org South Florida - Lynne Hernandez PO Box 566263 Miami, FL 33256-6263 Office 305-598-FRLA (3752) Cell 305-710-3962 Fax 305-598-3753 lhernandez@frla.org

Contact FRLA to solve compliance issues at 866-372-7233 or www.SafeStaff.org 36 O CTO B ER / N OV EM B ER

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

s O c i a L m e Di a

Facebook and Travel Planning Miles Media’s summer travel study looks at the resources and tools travelers use to plan a trip and what inspires them to make their selection

tating that the consumer has a lot of choices in travel planning in today’s fragmented media world is a statement in the obvious. What continues to not be as obvious though, is which of these channels has a greater influence at any particular point in time. The answers continue to change based on timing, audience and the evolution of technology. Miles Media’s semi-annual State of the American Traveler, Summer 2011 edition, asked U.S. leisure travelers about the resources and tools they use in their travel planning, and what inspires them to make their ultimate selection. The role of social media continues to grow in the travel planning process. The number of leisure travelers who say they used social media to select their final destination jumped 13% since the State of the American Traveler – Winter 2011 edition. And, of course many are trying to measure the full impact of Facebook and its 750 million users. In the summer study, a full 80% of leisure travelers report being on Facebook in the last year, and 14% said content on the site

When asked to describe the places they visited based on the content on Facebook, the breakdown was as follows*:

• • • • • •

City or Town Specific Event or Festival National Park International Country A specific region State or local park

60.3% 39.7% 26.7% 20.7% 20.7% 17.2%

*Totals will exceed 100% since users could select more than one option.

inspired their trip. An overwhelming majority pointed to the content posted by family and friends as the influence, versus content posted by an organization. “To put that 14% in perspective, there were 1.5 billion person trips for leisure last year, according to the U.S. Travel Association,” explains Miles Media’s Chris Adams, director of online research. “That works out to about 200 million trips being influenced by content on Facebook.” “The impact of social media on the trip planning process continues grow,” noted Adams.

By DOUG LUCIANI

“Destinations and travel related businesses are going to need to continue to factor these channels into their budgets for content creation and marketing planning.” The State of the American Traveler survey, now in its seventh year, is conducted for Miles Media by San Fancisco based Destination Analysts. To download the full survey go to MilesMedia.com. The Summer Edition also includes the following: • Consumer leisure travel sentiment • Top activities on leisure trips • Destination Hot List With offices in Sarasota, Fla., Miles Media offers integrated marketing services for hotels and resorts through its Miles360 division. Miles360 builds innovative programs that increase visitation and deliver measurable results by implementing forward thinking online marketing strategies. For more information visit MilesMedia.com. Doug Luciani is the VP, brand Strategy & Communications for Miles Media. He has more than 15 years marketing experience working with destinations, hotels/resorts, and tourism related businesses.

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