At Your Service December 2010

Page 1

December 2010

Founded in 1933, the Indiana Restaurant represents over 1,600 member restaurant properties and industry-related services companies. It is these members that help make the foodservice industry the nation's largest private sector employer and one of the state’s most politically active and public service oriented industries. Our members are the cornerstone of the Indiana community and economy.

Relay operator scam resurfaces The scammer makes a fraudulent prepayment for a reservation, large catering order or to-go order and then asks for a refund. using the telephone relay service used by people who are hearing impaired. Relay service allows deaf and hearing-impaired callers to type messages to an operator who reads it to the hearing person on the other end of the call. In the past, users needed a special text telephone to use the service. Now the internet and text messaging devices make it easy for anyone to use the service, including con artists. How to spot it: Be wary of callers ordering very large to-go orders, customers who show little interest in the food being ordered, people who want to use a third-party delivery service, or callers who want to split orders between several credit cards. Like the reservation scam, many of these ploys also originate in foreign countries and use odd or overly formal phrasing. What to do if you’ve been targeted: If you feel you’ve been targeted by a con artist or an unscrupulous company, contact info@indianarestaurants.org. so we can alert your fellow restaurateurs.

New Scam Targets Fast Food restaurants Convenience stores and fast-food restaurants are the targets of a new, elaborate scam that has worked on multiple businesses in Arizona. Criminals have used the same story to rob seven businesses in the county and several more in Tucson. The victims include Circle K, Wendy's and Taco Bell. It is reported the crook calls the store at a late hour and identifies himself as upper management in the company, and tells the clerk that something bad happened at the store earlier in the day. "Somebody got hurt, fell, ate something bad and had to be medically treated," he explained. The person on the phone then tells the clerk to avoid a lawsuit, they must put money, and in some cases, food from the store in a bag and hand it to a cab driver waiting outside. The cab driver, unbeknownst to him what's going on, takes the items and delivers them somewhere around town where the things are picked up curbside. The scam is so elaborate that it keeps working, the report stated. Garry Singh, whose family owns an ampm convenience store in the area, said he understands how c-stores are getting tricked. "Some stores are owned privately and some are company owned. With company owned, it's more vulnerable to getting attacked because they don't know who is above them," he told KOLD News 13. Employees should be trained to always double check with management when any situation comes up. "If someone's asking for money over the phone, most likely it's not true.

Member Information: New Receipt Requirement in Effect as of 12/31/10 As of December 31, 2010, MasterCard requires your electronically printed payment card merchant receipts exclude the payment card expiration date. It is strongly recommended that your merchant receipts display only the last four digits of the payment card number. Both of these criteria are also mandated by the card brands for customer receipts. Are your receipts compliant? Review them today to determine if you need an upgrade. If you process using point-of-sale (POS) software, contact your POS software vendor to schedule an upgrade. If you process using a POS terminal, contact your processor to assist you in becoming compliant. For more information regarding receipt requirements and what they mean for your business, contact Heartland Payment Systems — our association’s exclusive endorsed provider for card processing — at 866.941.1HPS (1477).


2010 Election Results All the new faces at the Indiana General Assembly this year will be Republicans. All open seats have been filled by Republicans. One House race remains undecided: District 76. The Evansville Courier & Press reports preliminary results show Republican Wendy McNamara leading Democrat Bob Deig by just two votes. That doesn't include provisional ballots or overseas ballots that could arrive in coming days. Those votes will be counted Nov. 12. No Republican incumbent lost an election. Ten Democratic incumbents lost to Republican challengers. Senate Republicans will welcome five new members to their caucus. The Senate Republican caucus now holds a 37-13 super majority after picking up three seats held by Democrats and holding onto a hotly contested seat as five-term Rep. Jim Merritt of Indianapolis fended off a challenge by Marion County Sheriff Frank Anderson. THE NEW SENATORS ARE: • Jim Banks, filled the open seat that had been held by Republican Senator Dillon in the Fort Wayne area. Banks is a general contractor and Whitely County Council member from Columbia City. • Doug Eckerty defeated Democratic Senator Sue Errington from Muncie. Doug is a real estate investor and retired insurance professional in Yorktown. • Ron Grooms won the open seat created by the retirement of Democratic Senator Connie Sipes. Grooms is a pharmacist and city council member from Jeffersonville. • Jim Smith defeated Democratic Senator Jim Lewis. Smith is a personal and small business financial consultant in Charlestown; and a former member of the Clark County Council. • Jim Tomes won the open Democratic seat created by Senator Deig when he decided to run for the House of Representatives. Tomes is a retired Teamster from Blairsville. The Senate Caucus again selected State Sen. David Long (R-Fort Wayne) as their choice for Senate president pro tem and State Sen. Jim Merritt (R-Indianapolis) as majority caucus chair. Both Long and Merritt held those key leadership posts during the past two sessions of the Indiana General Assembly. HOUSE SEATS Indiana House Democrats suffered a stunning loss as Republicans seized control of the lower chamber - and the 2011 redistricting process that will shape the next decade of Congressional and legislative maps - a pick up of 11 for a total of 59 seats. The new and current house members gathered after the election to elect leadership. Republicans overwhelmingly elected the same leadership team of Representative Brian Bosma as Speaker-elect (R-Indianapolis), Rep. Bill Friend as Majority Floor Leader-elect (R-Macy) and Rep. Kathy Richardson as Caucus Chairwomanelect (R-Noblesville). Democrats returned B. Patrick Bauer to be Democratic leader, while Rep. Linda Lawson will be Assistant Democratic Leader and Dale Grubb returns as Democratic Caucus Chairman. New members of the House of Representatives include: RON BACON: Challenger in District 75 Counties served: Gibson, Vanderburgh, Warrick Ron Bacon grew up in Evansville, Indiana and owns his own business, R. Bacon Enterprises. Previously, he served as Techni-

cal Director of Respiratory Therapy & Business Development and Public Relations Liaison for Warrick Hospital in Boonville. Ron Bacon has also served as Warrick County Coroner since 2004. He is the past president of the Boonville Jaycees, the Boonville Kiwanis and the Boonville Merchants Association. Ron and his wife live in Chandler, Indiana. JIM BAIRD: Challenger in District 44 Counties served: Vigo, Putnam, Parke, Clay Jim Baird is a lifelong resident of District 44, graduating from Purdue University (BS, MS degrees), the University of Kentucky (PhD) and serving on the faculty at both as a graduate assistant. He owns and operates Baird Family Farms and a Home Health Care Agency. Jim is a decorated Vietnam Veteran serving as a 1st Lt. in the United States Army. He was Livestock Specialist and Extension Agent for 8 years followed by 4 years as Program Director and Monogastric Nutritionist for a large multi-state cooperative. Actively involved in his community, Jim has served as President of the Fairboard, Rotary and a Behavioral Health organization. He has served or is a member of numerous other boards and organizations including Board of Zoning Appeals, Plan Commission, National Cattlemen's Beef Association, VFW and Indiana Farm Bureau. He is currently a Putnam County Commissioner. Jim and his wife Danise have three adult children. STEVE DAVISSON: Open seat in District 73 Counties served: Clark, Crawford, Dubois, Jackson, Perry, Scott, Washington Steve has served southern Indiana as a pharmacist for 27 years. He grew up in Scott County on the family farm where his parents still live today. After attending Purdue University, where he received his BS in Pharmacy in 1981, he moved to Salem, Indiana where he has lived, worked and raised his family. He and his wife, Michelle, have 5 children and 4 grandchildren. Steve has worked as pharmacy manager and store manager of chain drugstores through his career and for the last 13 years has worked and helped run an independent community pharmacy in Salem. He and his wife have been 4-H leaders for 16 years and Steve serves on the Board of Directors for the Washington Co. Chamber of Commerce and Washington Co. Unite. He and his family have always been active in their community and their church. SUE ELLSPERMANN: Challenger in District 74 Counties served: Dubois, Perry, Spencer, Warrick Sue is the founding director of the Center for Applied Research at the University of Southern Indiana, a program to mobilize USI faculty, staff, and students to assist regional businesses and organizations with applied research and consulting projects ranging from economic impact studies and community surveys to engineering studies and chemical testing. Prior to her role with USI, Sue owned a consulting firm, Ellspermann and Associates, Inc. Sue is married to Jim Mehling, assistant principal of Forest Park High School. RANDY FRYE: Open seat in District 67 Counties served: Decatur, Franklin, Ripley, Rush Randy Frye was born in Franklin County in 1955 and graduated from Batesville High School in 1973. Randy grew up on the family farm north of Oldenburg. Frye married Deborah Shell in 1975 and have now been married for 34 years. Randy and his wife have two children. Frye has an associate degree from Cincinnati Christian University in Christian Vocation. Today the Frye’s live in Decatur County about 6 miles southeast of Greensburg. Randy currently serves as a full-time professional fire fighter for the City of India-


napolis and has done so proudly for the past 20 years. Randy Frye and his wife previously owned Blue River Telecommunications for 10 years prior to selling it in February of 2010. BOB HEATON: Open seat in District 46 Counties served: Clay, Monroe, Owen, Vigo Bob Heaton has called the Wabash Valley home his entire life. Heaton graduated from Clay City High School in 1975. While in college Bob had the opportunity to play alongside Larry Bird as the Sycamores reached the 1979 NCAA basketball championship game. Heaton graduated from ISU in 1980 earning his Bachelors degree. After graduating, Heaton began his career in the life insurance industry. In his business, Heaton has been working with clients as they decided on tough personal decisions concerning life insurance, disability insurance, long-term care, mutual funds and other retirement savings. Heaton is very involved in the community. He serves on several boards and works closely with his church. Bob currently serves on the boards of the Terre Haute Boys and Girls Club, the Wabash Valley Youth for Christ, and the Terre Haute Convention and Visitors Bureau. Heaton is also a member of the Terre Haute Downtown Rotary Club. Bob is a member of Leadership Terre Haute, Class 5, and is also member, and past Deacon, of the Cory Zion Church in Cory, IN. KATHY HEUER: Open seat in District 83 Counties served: Whitley, Noble, Allen As a former small business owner of retail stores in Columbia City and Warsaw, Kathy Heuer plans to make job creation her primary focus as State Representative. Currently, Kathy is a real estate broker for Orizon Real Estate in Whitley County. She is also Chairman of the Whitley County Economic Development Corporation board, President of the Blue River Senior Housing Corp, and sits on the Government Affairs Committee for the Fort Wayne Association of Realtors. Kathy and her husband, James Heuer, have seven children and nine grandchildren. They reside in Columbia City. MIKE KARICKHOFF: Challenger in District 30 Counties served: Howard Mike Karickhoff is the Finance Chair of the Kokomo Common Council and was president of the Council in 2007. His wife Kelly is the executive director of the Howard County Historical Society. From 1986 to 2002, Mike was Superintendent of Parks in Kokomo, and he has served as Ivy Tech Community College’s Region 5 Executive Director of Facilities since he left the parks department. He is a member of the Kiwanis Club and still coaches Middle School basketball for Taylor School Corporation.

REBECCA KUBACKI: Open seat in District 22 Counties served: Kosciusko, Wabash Rebecca is the middle child of seven. Born to migrant workers Raul and Christina Espinoza, she first moved to Indiana from Texas, when as a little girl, her parents were hired to pick tomatoes on a farm in Oswego Indiana, only a few miles from where she is currently living. Rebecca attended Pierceton High School in Pierceton Indiana, which is where she met her husband Michael Kubacki. Mike is the President and CEO of Lake City Bank. Rebecca has spent the past 27 years being a stay-at-home mother and volunteer. Rebecca volunteers her time to Literacy Services of Kosciusko County, Syracuse Public Library, Wawasee Area Conservancy, Symphony of the Lakes Orchestra, United Way of Kosciusko County, Warsaw Biblical Gardens, Tri-Kappa, Kosciusko County Convention and Visitors Bureau Commission, Fort Wayne Zoo, and the Indiana State Museum as a Trustee. KEVIN MAHAN: Challenger in District 31 Counties served: Grant, Includes: Blackford Kevin Mahan has served in law enforcement over the last 15-plus years. In 1992, he became a patrolman for the Hartford City Police Department, a position he held until 1995 when he became Chief Deputy Sheriff for Blackford County and, eventually, Blackford County Sheriff. In 2005, he was called upon by Governor Daniels to build the newly created Division of Gaming Agents which transitioned regulatory responsibility for state gaming facilities from the State Police to the State Gaming Commission. Kevin now serves as the State Farm Agent for Blackford County, where he and his wife Tonia still live and raise their 3 boys. JUD MCMILLIN: Challenger in District 68 Counties served: Dearborn, Franklin, Ohio, Ripley, Switzerland Jud McMillin was born and raised in Southern Indiana. Jud earned a bachelor’s degree in Economics at the University of Cincinnati. While there, Jud also played baseball and was named Captain of the Bearcats team his junior and senior years. Jud earned his law degree from the University of Mississippi and then became a deputy prosecutor in Dayton, OH. Today, Jud practices law in Franklin County with his father and serves as a coach for the varsity baseball and football teams at Franklin County High School. He currently works and lives in Brookville, IN. In 2010, Jud will be challenging Democrat Representative Bob Bischoff, in repeat race from 2008 where Jud came within 500 votes of an upset over this long time incumbent.

CINDY KIRCHHOFER: Challenger in District 89 Counties served: Marion Cindy was raised in Perry Township and graduated from Perry Meridian High School. Cindy works for Saint Francis Hospital as a paralegal.

BOB MORRIS: Incumbent in District 84 Counties served: Allen Bob was selected to fill a vacancy earlier this year when Randy Borror resigned. Bob is a life long Allen County resident. He attended Saint Charles Borromeo Catholic School, Bishop Dwenger High School and Indiana University. He and his wife, Erin, have been married for 12 years and have five children. The family is actively involved with the Arlington Park Neighborhood Association in Northeast Fort Wayne. Bob is a small business owner. He has created businesses which range from a seasonal fireworks shop to a chain of health-food stores.

Cindy currently serves the people of Perry Township on the Government Board and has previously served two terms as its Chairperson. In 2009, she served as the board’s representative on the task force investigating combining Perry Township’s fire department services with those of the Indianapolis Fire Department. Since 2006, she has also served on the Beech Grove Redevelopment Commission.

RHONDA RHOADS: Challenger in District 70 Counties served: Clark, Floyd, Harrison Rhonda was born and raised in Harrison County. She graduated from North Harrison High School in 1968, and earned her Bachelor’s Degree in Education from Indiana State University and her Master’s Degree from Indiana University. Rhonda retired from teaching after 29 years of service to the North Harrison Com-


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munity School Corporation. During her time with North Harrison Community Schools, Rhonda developed and coached the first competitive soccer team at North Harrison High School, coached with the Harrison County Youth Soccer program for 13 years. Rhonda was first elected to the Harrison County Council in 2000 and re-elected in 2004. Rhonda and her husband Les are active members of Old Capitol United Methodist Church. Rhonda is also a member of the Harrison County Farm Bureau, Women of the Moose Corydon Chapter, and served as the Treasurer of the Harrison County Republican Party. MIKE SPEEDY: Open seat in District 90 Counties served: Marion Mike was born in District 90 and spent most of his life on the Southside. He has served numerous organizations, including Perry Township Fire Department Foundation, Big Brothers Big Sisters of Greater Indianapolis and Living Word Bible Church. He currently serves as Chair of the Community Affairs Committee and as a member of the Parks and Recreation and Public Works Committees of the Indianapolis City County Council. He operates his own real estate consulting and development firm. His firm has experience in developing a mix of uses, with an emphasis on multifamily properties, in seven states. Mike received his B.S. degree in Real Estate Finance from Indiana University's School of Business in Bloomington, Indiana and a J.D. from Indiana University's School of Law in Indianapolis. He is admitted to practice law in Indiana. Mike's outside interests include fitness, golf, downhill skiing and sailing. He is married to wife Amanda and has two daughters and one son. MATT UBELHOR: Challenger in District 62 Counties: Greene, Lawrence, Martin, Orange, Washington Matt began his career in the coal industry in the mines. By 1991, Matt was instrumental in forming a new mining group. Black Beauty Coal quickly became one of the largest mining operations in southern Indiana growing from one employee at the onset to over 2000 employees by 1995. In 1995, Black Beauty Coal was bought by Peabody Coal, and Matt has continued to work for them in roles of increasing responsibility. Matt has been married to his wife Lori for 24 years and has been blessed with two sons Ross and August.

Matt is an active member of Right to Life., Matt is an active member at St. Peters in Linton. He has served as the president, vice president, and a member of the finance committee. HEATH VANNATTER: Open seat in District 38 Counties served: Boone, Clinton, Hamilton, Howard Heath VanNatter is a lifelong resident of Howard County, currently residing in the rural Western portion of Howard County. He is the owner and operator of VanNatter Construction, his own homebuilding and remodeling company. He served as the 2007 President of the Howard County Home Builders Association and continues to serve on the Board of Directors of the Indiana Builders Association and the National Association of Home Builders. He attends Faith Church of Christ in Burlington. TIM WESCO: Open seat in District 21 Counties served: Elkhart, St. Joseph Timothy Wesco, of Mishawaka, is a 5th generation Hoosier and a lifelong resident of St. Joseph County. He was educated at home and is a graduate of the Clay Fire Academy of South Bend. He apprenticed in business at Walter Piano Co. in Elkhart and graduated from the Midwest School of theology with an Associates Degree in Biblical Studies. He has owned a small business, worked as an independent piano technician, and has several years experience in the Elkhart RV industry. Wesco, a Penn Township Firefighter, founded and chaired the St. Joseph County Young Republicans, and formerly worked for State Representative Jackie Walorski. He is also an active member and serves as the music director at Fellowship Baptist Church in South Bend. WENDY MCNAMARA: Challenger in District 76 Counties served: Gibson, Posey, Vanderburgh Wendy McNamara earned her degree in Political Science from the University of Indianapolis and her Masters in Education and Educational Leadership from the University of Southern Indiana. Her career spans 14 years with the Evansville Vanderburgh School Corporation, and she currently serves as their Director of Early College High School. She is an adjunct professor at the University of Southern Indiana and has also taught at the University of Evansville.

Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act Passes

The House and Senate have passed the "Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010" (H.R. 4853). Here are some of the highlights of the legislation that will be signed into law by President Obama within the next few days: · · · · · · · · · ·

Extension through 2012 of the Bush Tax Cuts (Individual Rates, Dividends, and Capital Gains) for all Taxpayers Reinstatement of the Estate Tax for 2011 and 2012 at a 35% rate with a $5 Million Exemption Reduction in the Social Security Payroll Tax for Individuals (Not the Employer Share) from 6.2% to 4.2% in 2011 Allow Businesses to Fully Expense Capital Investments in 2011 Extend the Alternative Minimum Tax (AMT) "Patch" for 2010 and 2011 to Prevent Millions from Paying the AMT Extend through 2011 Funding for Emergency Unemployment Benefits Extension for 2010 and 2011 of 15-Year Depreciation for Restaurant New Construction/Improvements Extension for 2010 and 2011 of the Enhanced Charitable Deduction for Contributions of Food Inventory Extension through 2011 of Energy Tax Incentives Including Those for Ethanol Extension through 2011 of the Work Opportunity Tax Credit (WOTC)

While the bill contained many positive provisions, there were a couple of items not included. Specifically, we will continue to work for repeal of the onerous Form 1099 reporting requirement enacted as part of the new healthcare law and look to extend beyond 2010 the HIRE Act provisions, which allows companies that hire and retain certain unemployed workers to get a payroll tax holiday and tax credit.


Welcome New IRA Members!

Labor Law Posters

We are proud to announce our newest members. Please extend a warm welcome to them!

Deceptive companies frequently send postcards or simulated invoices that appear to be “official business” requiring you to purchase labor law posters from them at highly inflated prices.

COMPANY

FIRST-

LAST-

CITY

WEBSITE

NAME

NAME

Bourbon Truck Stop

Irene

Barth

Brick Street Café

Jackie

Dominquez Leesburg

Bruno's Pizza

Scott

Waggoner

Plymouth

www.brunospizza.com

Fogo de Chao

Bianca

Hernandez

Dallas

www.fogo.com

Four Seasons Family

Christos

Manolas

New Haven

Bourbon

Restaurant Hue Restaurant

Indianapolis

HuHot Mongolian Grill Sara

Kranpitz

Appleton

India Diner

Shama

Khan

Indianapolis

Jeeves & Company

Ruby

Wakeman

Scottsburg

Las Sirenas

Ruben

Gonzales

Indianapolis

Outside In

Angie &

Doherty

Jeffersonville

Panagop-

Goshen

www.huhot.com

George

Rock Bottom Restau-

Tim

Fogleman

Indianapolis

www.outsideinllc.com

Saow-

Fary

Fishers

Save the Date for IRA Events

oulas www.rockbottom.com

rant Thai Kitchen

alux Lorenzo

Trejo

Indianapolis

The Rib Room

Christina

Filippou

Fort Wayne

Big Red / All Sport

Jay

Cohen

Knoxville

www.bigred.com

Marketing Informatics

Robert

Massie

Indianapolis

marketinginformatics. com

Rod

Case

Muncie

Devour Downtown Winterfest January 24 - February 5, 2011 devourdowntown.org Hospitality Legislative Day March 9, 2011 Indiana State House

The Patio

Safe-trax Floor and

Laminated “all-in-one” posters are available from your association for $24.95. Contact Debbie Scott at 800.678.1957 or email dscott@LMVconsulting.com.

Larry Paradise Restaurant

These posters can be downloaded free from the Indiana Restaurant Association website: http://www.indianarestaurants.org/ PostersAndForms.asp.

www.safe-trax.com

Tub Safety Solutions

2011 Hoosier Hospitality Conference March 15-16, 2011 JW Marriott Downtown Indianapolis hoosierhospitalityconference.com

INDIANA RESTAURANT ASSOCIATION STAFF & INFO John Livengood President jlivengood@LMVconsulting.com

Stacy Quasebarth Director of Communications squasebarth@LMVconsulting.com

Debra Scott, IOM Vice President dscott@LMVconsulting.com

Connie Vickery Governmental Affairs cvickery@LMVconsulting.com

Tom Johnson, CPA Chief Finanical Officer tjohnson@LMVconsulting.com

Patricia McGuffey Governmental Affairs pmcguffey@LMVconsulting.com

Stephanie Higgins Director of Events shiggins@LMVconsulting.com

Emily Waldron Receptionist ewaldron@LMVconsulting.com

200 S. Meridian St., Suite 350 Indianapolis, IN 46225 info@indianarestaurants.org www.indianarestaurants.org 317.673.4211 phone 800.678.1957 toll-free 317.673.4210 fax Become a Fan on Facebook! facebook.com/IndianaRestaurantAssociation Follow us on Twitter! www.twitter.com/INrestaurants


Are you the face of the American Dream? Share your story with the National Restaurant Association for your chance to win

Apply today! www.restaurant.org/diversity Applications will be accepted until Dec. 28. Deadline: December 17, 2010


Indiana Gluten-Free Restaurant Guide Celiac Handbook has compiled a list of restaurants in Indiana that have made a commitment to understanding the requirements of a gluten-free diet or has been patronized by a person with celiac disease. To submit your restaurant to the list visit http://www.celiachandbook.com/old/indiana.html

SAVE THE DATE: March 22 to 23, 2011, Washington, D.C. Join us in Washington, D.C., March 22-23, 2011, for the National Restaurant Association Public Affairs Conference. This event provides restaurateurs the opportunity to interact with members of Congress and share their perspective on the challenges of owning and operating restaurants. The powerful two-day conference brings restaurant leaders from across the country together with decision-makers in Congress and the Administration. Help tell Congress what the restaurant industry does for America. Attendees include a broad cross-section of industry leaders, including the National Restaurant Association's board of directors, state restaurant association leaders, state and federal government affairs representatives from large chain restaurants, medium-sized chains, independent restaurateurs, franchisees, suppliers, and other industry leaders.

Happy Holidays! Warmest thoughts and best wishes for a wonderful holiday season and a prosperous New Year, from all of us at the Indiana Restaurant Association.

WHY YOU SHOULD ATTEND • Unite with industry peers, and promote the restaurant industry on Capitol Hill. • Join your politically savvy colleagues for an insider's view of the workings of Washington, D.C. • Listen to dynamic speakers. • Meet the people who shape the policies that affect the restaurant industry, including administration officials, senators and representatives, and key Capitol Hill staffers. HOW TO REGISTER Register today for the NRA Public Affairs Conference. For more information contact Connie Vickery.

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