At Your Service, Winter, 2013

at your

Official Magazine of North Carolina Restaurant and Lodging Association

Service Tom Sasser & Share Our Strength

NCRLA Members Serve Their Communities Ken Conrad to Chair NRA Board FDA Food Code offers a little freedom

December 2013 Issue, Vol. 2, Issue 4 www.ncrla.org

table of contents

THANK YOU NCRLA thanks its 2013 Corporate Partners

in every issue

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Letter from the Chair and the President NCRLA Chair Brad Hurley and President/CEO Lynn Minges

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Welcome New Members NCRLA welcomes several new members from across North Carolina

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Upcoming Events Network with North Carolina’s hospitality industry leaders at one of NCRLA’s upcoming events

Benefits of Membership in NCRLA NCRLA, United Healthcare offer exclusive solutions and pricing for members A la Carte A sampler of hospitality-related news stories Ask NCRLA NCRLA’s experts answers your questions

features

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NCRLA Executive Board of Directors Brad Hurley, Chair 42nd Street Oyster Bar & Seafood Grill

Secrets of Success Zack’s Hot Dogs has been pleasing palates for 85 years

Joel Griffin, Chair-Elect Griffin Stafford Hospitality

Food Safety News u The Variance Requirement: A little bit of freedom in the FDA food code u NCRLA honored for work on Food & Lodging Protection Program

Jimmy Sizemore, Treasurer JP Steakhouse, LLC

Giving Back NCRLA members are making a difference in their communities What’s Cooking The Bistro by the Sea’s Naked Lionfish Recipe ProStart News Respected ProStart judge to officiate at N.C. ProStart Invitational Legal Bites What you need to know about state and federal wage laws NCRLA Advocacy NCRLA members raise funds for PACs at Manteo to Murphy u NCRLA hosts tourism roundtable in Concord with Rep. Hudson u

Movers and Shakers Ken Conrad to chair NRA board Social Media Wake County now publishing sanitation scores on Yelp

Randy Kolls, Secretary Travel & Tourism Board Representative Washington Duke Inn & Golf Club Christina Larson Immediate Past Chair Darden Restaurants Vinay Patel AH&LA Representative SREE Hotels, LLC Billy Sewell NRA Representative Platinum Corral, LLC Lynn D. Minges President and CEO NCRLA Frank Gray General Counsel and Lobbyist Jordan Price Wall Gray Jones & Carlton, PLLC

On the Cover: Tom Sasser of Harper’s Restaurant, Mimosa Grill and Upstream.

letter from the chair and CEO Challenges and opportunities The holiday season is a time for giving, for thankfulness and for reflection. This year has certainly been a busy one for our organization, and the hospitality industry in general.

Nationally, it was a summer of advocacy as hospitality leaders everywhere lobbied Congress for immigration reform and key changes to the Affordable Care Act. In North Carolina, a long and active Legislative Long Session finally came to an end with some key victories engineered by our team.

At NCRLA, we have worked to carry out our mission to advocate for North Carolina’s hospitality industry and to provide significant business value to our members. We have engaged and educated members with seminars and webinars on health care and immigration. We have partnered with the National Restaurant Association and others to offer valuable opportunities with health care, social media and food safety. Our print and electronic publications continue to gain subscribers, and we are working to launch a professional, up-to-date association website.

Finally, we are very busy preparing for a series of exciting events, from the annual Taste of North Carolina and Stars of the Industry Awards on Feb. 3 at the Sheraton Imperial in Durham, to the inaugural North Carolina ProStart Invitational, scheduled for March, 2014 in Durham. We have done all of this while increasing revenues and growing membership for NCRLA. While 2013 has had its share of challenges for NCRLA and for the hospitality industry, we are confident in the potential for growth in our organization. We look forward to the challenges and opportunities ahead, and we wish you all a happy and prosperous 2014.

Brad Hurley

Lynn D. Minges

At Your Service Volume 2, Issue 4 An official publication of the N.C. Restaurant & Lodging AssociationŠ OUR STAFF President & CEO Lynn D. Minges Chief Operating Officer Alyssa Barkley, IOM Membership Coordinator/ Office Manager Kristin Worrell Government Affairs Manager Whitney Christensen, Esq. Marketing & Communications Manager Karen A. Mann Education Programs Manager Ranita Bullock General Counsel & Lobbyist Frank Gray Printer Chamblee Graphics, Inc. Graphics and Design Paige Happel Friddle Creative Concepts & Solutions, (336) 908-0966 or paige-css@triad.rr.com BUSINESS OFFICE 6036 Six Forks Road Raleigh, N.C. 27609 Phone: (919) 844-0098 Toll free: (800) 582-8750 Fax: (919) 844-0190 For advertising and sponsorship inquiries, contact Marketing & Communications Manager Karen A. Mann at kmann@ncrla.org, (919) 747-2205 or (800) 582-8750

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We continually strive to be the “Broker of Choice” by adding value to our customers, every call, every day!

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Park Street Imports Patron Spirits Pernod Ricard Prichards’ Distillery Pure Holdings Royal Wine Scottish Spirits Imports Shaw - Ross Intl Importers Southern Artisan Spirits Temperance Distilling Tequila Tino Imports The Brand Distillery VeeV Spirits Vision Wine & Spirits Whitley Neill LTD Whyte & Mackay Wilson Daniels Winebow Zuma Importing

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Kevin McCabe 919-413-2382

kmccabe@southernwine.com 9320 Focal Point • Raleigh, NC 27617 919-836-0300 visit us online at www.southernwine.com

Secrets of Success

Zack’s Hot Dogs Has Been Pleasing Palates For 85 Years the secret to a long life is to eat more hot dogs

Zack Touloupas, the thirdgeneration owner of Zack’s Hot Dogs in Burlington, doesn’t have to think hard about why his restaurant has been successful since 1928.

“I always tell employees three things when I’m training them,” he says. “One: We have a good product. Two: We have excellent and fast service.

And three: We try to be consistent. The customers who came here 50 years ago got the same thing then as they do now.”

Zack’s was founded by Touloupas’ grandfather – also named Zack – who immigrated to Florida from Greece in 1912. After working in restaurants in Durham, the elder Touloupas purchased the old Alamance Hot Weiner Lunch restaurant, which had only eight bar stools and four school desks as seating, in downtown Burlington. The restaurant, which soon became popularly known as Zack’s, was a favorite hangout for local businessmen, police officers and politicians, including former Governors Kerr and Bob Scott.

In 1977, under the guidance of Touloupas’ son, John, the family opened a new Zack’s in a brand new building around the corner from the original one. The business still operates at that location, and will celebrate its 85th anniversary this December.

The restaurant is also NCRLA’s longest-term member, having joined under the elder Touloupas’ reign in 1947.

“My grandfather passed on the knowledge that I needed to be a member of the whole community in order to be successful,” says Touloupas. “The Restaurant Association is part of that.”

The restaurant isn’t the only thing in the Touloupas family with longevity and stamina. John Touloupas

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Photo by Charlotte Walton Left-right: Zack Touloupas, family patriarch Zach Touloupas, and John Touloupas

passed away on Aug. 1, 2013, at the age of 91. His father passed away in 1993 at the age of 98.

“I like to tell people that the secret to a long life is to eat more hot dogs,” Touloupas says.

Zack’s Hot Dogs is located at 201 W. Davis St., in Burlington, N.C. 27215. Call 336-226-4746 or go to www.zackshotdogs.com. z

Food Safety News

The Variance Requirement: A Little Bit of Freedom in the FDA Food Code

By Alyssa Barkley

seeking approval of alternative processing methods

Are you considering specialized processing methods in your establishment but are confused on where to begin – or even if your creative ideas are allowable under the food code?

Well, you are in luck because as part of the most recently adopted FDA food code in North Carolina, food service establishments are able to obtain a variance from the regulatory authority, the N.C. Department of Health and Human Services Environmental Health Section’s Food and Lodging Program.

A variance is an approval on an alternative processing method not currently allowed under the FDA food code. If you can reasonably demonstrate the process you wish to conduct will not cause a foodborne illness outbreak through a detailed Hazard Analysis Critical Control Point Plan, you will receive approval on your variance request.

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Special Processing Methods can include: Smoking food as a method of food preservation rather than as a flavor enhancement;

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Curing food; u

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Use of food additives or adding components such as vinegar: l

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As a method of food preservation rather than as a method of flavor enhancement, or To render a food so that it is not potentially hazardous;

Packaging food using a reduced oxygen packaging method except where the growth and toxin formation of Clostridium botulinum and the growth of Listeria monocytogenes are controlled; Operating a molluscan shellfish life-support system display tank used to store or display shellfish that are offered for human consumption; Custom processing animals that are for personal use as food and not for sale or service in a food service establishment; Preparing food by another method that is determined by the regulatory authority to require a variance; or Sprouting seeds or beans.

To obtain a variance, you must submit an application and supporting documents as outlined on the application form, which can be obtained here: www.ncrla.org/associations/2228/files/ Variance.pdf (continued on page 23)

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Food Safety News

NCRLA Honored For Work On Food & Lodging Protection Program

By Alyssa Barkley

Negotiations to prevent large fee increase

On Oct. 17, NCRLA received an award from the N.C. Association of Local Health Directors for our work to protect the state Food & Lodging Protection Program.

The award came one day after NCRLA was invited to address the members of the association at their regular membership meeting in Raleigh. At this gathering of all local health directors in the state of North Carolina, NCRLA President & CEO Lynn Minges addressed the group on the importance of our partnership at the state and local level and our continued commitment to working closely to ensure that our businesses and the public remain safe. She also restated NCRLA’s position on the need for consistency, education and transparency within the inspection process.

In recent months, NCRLA has worked directly with the Association of Local Health Directors and the N.C. Department of Health and Human Services on several matters of importance to the hospitality industry.

NCRLA successfully negotiated a fee provision in the N.C. Department of Health & Human Services’ budget that modestly increased the annual permit fee that hospitality businesses pay to be inspected by the health department from $75 to $120 annually. These negotiations followed a proposal from certain legislative leaders to increase the fee to $250 annually. To avoid this much larger increase in the fee, and more importantly, to provide certain much needed improvements and enhancements to the services the health departments provide to North Carolina restaurants and hotels, NCRLA negotiated the $120 fee and

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Left-right: Phillip Tarte, Health Director, Union County; Larry Michael, Food Protection and Facilities Branch, DHHS; NCRLA President & CEO Lynn Minges; NCRLA COO and Food Safety Expert Alyssa Barkley; Steve Smith, Health Director, Transylvania County held countless meetings with legislators in order to ensure the provision was added to the budget, thus preventing a much larger fee increase as was proposed by the local health departments and certain legislators.

One aspect of the deal NCRLA negotiated was that the fee could not be increased again for many years. Another negotiated item was that the new funding would add six new Regional Field Specialist positions within DHHS to ensure that the local health inspectors are conducting health inspections fairly and consistently. These new specialists will benefit restaurants and hotels directly on a daily basis by preventing unreasonable health inspections. The new funding will also be used to drastically improve DHHS’s antiquated IT system.

The new fee became effective Aug. 1, 2013.

As a follow up to restoring funding for staff and resource enhancements at the N.C. Division of Public Health, Minges and NCRLA COO Alyssa Barkley met with DHHS Section Chief for Environmental Health Layton Long and DHHS Food Protection and Facilities Branch Head Larry Michael to make plans for using the extra funds the state would receive from the increase in the permit fees.

NCRLA recently received an appreciative letter from John Morrow, president of the N.C. Association of Local Health Directors commending our support of Senate Bill 402. The letter specifically commends the work of Barkley, NCRLA Government Affairs Manager Whitney Christensen and NCRLA General Council Frank Gray, saying: “NCALHD is committed to the long standing partnership with NCRLA and will appropriately utilize the additional fee support to continue our protection of public health and our customer service to NCRLA membership.” z

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NCALHD is committed to the long standing partnership with NCRLA and will appropriately utilize the additional fee support to continue our protection of public health and our customer service to NCRLA membership.

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Giving Back

NCRLA Members Are Making A Difference In Their Communities With the holiday season upon us, our thoughts turn to family, community and giving. NCRLA is proud to have many members who give yearround, and we all benefit from their efforts to make their communities a better place. In this edition of At Your Service, we profile a few members who are especially passionate about their causes. We encourage you to read, and be inspired by, their stories.

1. Tom Sasser’s goal with Share Our Strength is to end childhood hunger in the United States by 2015. As a way to help achieve the No Kid Hungry goal, the group is working with schools to help reach children who don’t have consistent access to healthy food.

in our city, or Raleigh or Wilmington or Greensboro, who are hungry. It just boggles the mind. There’s no reason for this.”

Sasser’s goal with Share Our Strength is to end childhood hunger in the United States by 2015, a daunting task. The term “No Kid Hungry” has become a marketing point and rallying cry for the mission. As a way to help achieve the No Kid Hungry goal, the group is working with schools to help reach children who don’t have consistent access to healthy food.

“One thing that’s pretty universal is that they’ve got to go to school,” Sasser says. “If we can get nourishment to the kids at school, there’s a place to start. Then we have to deal with weekends, vacations and summer.”

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1. Tom Sasser – Harper’s Restaurant, Mimosa Grill, Upstream Share Our Strength

In 1996, Charlotte restaurateur Tom Sasser traveled to Miami to scout ideas for his businesses. Instead he found a second calling. The city, along with American Express, was promoting Taste of the Nation, a city-wide dining event to benefit Share Our Strength, which works to end childhood hunger.

Inspired, Sasser, whose own eateries include four Harper’s Restaurants, Mimosa Grill and Upstream, contacted his own American Express representative and asked how he could get involved. The result was North Carolina’s first Taste of the Nation benefit, a collaboration between Charlotte restaurants and suppliers such as Piedmont Natural Gas, First Union, (later Wachovia, now owned by Wells Fargo), and US Foods that raised more than $60,000 for Share Our Strength.

Since then, Sasser has become a committed promoter of Share Our Strength, on the local, state and national levels. As a restaurateur, he sees caring about hunger as a natural extension of his work.

“It makes sense for people in our industry to be involved in hunger because we see all this food in our restaurants,” he says. “Just imagine: There are people

Sasser says that the teachers he speaks with confirm what the organizers of Share Our Strength have long assumed: If kids are hungry, they don’t contribute and they are more prone to behavioral problems. But when they have access to food, their scores go up, and behavior problems are reduced.

“Kids become great members of society because they’re not thinking all day about where their next meal will come from,” Sasser says.

The National Restaurant Association is a national sponsor of No Kid Hungry, which also has a campaign currently active in Raleigh. The NRA, and many restaurants across the state and nation are major supporters of the Great American Dine Out, an annual event that raises money each September for No Kid Hungry.

For more information on Share Our Strength or the No Kid Hungry campaign, go to www.nokidhungry.org. The next Taste the Nation event in Charlotte will take place April 16, 2014, at the Wells Fargo Atrium.

2. Scott Brewton – Pinehurst Resort Boy Scouts

Pinehurst Resort Senior Vice President and General Manager Scott Brewton got involved in Scouting as a boy thanks to his father. Brewton completed the (continued on page 14) D ECEMB ER 2 0 1 3

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(continued from page 13)

3. Libby Eaton – Bistro by the Sea

Working to Eradicate the Invasive Lionfish In 2013, Libby Eaton, the owneroperator of Bistro by the Sea restaurant in Morehead City, took a trip to Belize. A seafood restaurant owner who prides herself on serving local and nontraditional species, Eaton was interested in trying lionfish on her trip. But, she says, the fish that has dramatically expanded its range in tropical waters of the United States and the Caribbean was not on the menu.

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“They said the fish were all gone,” Eaton says. She was told that while the fish had been a problem a few years ago, tournaments and fishing pressure had drastically reduced their numbers.

“That got me thinking,” Eaton says. “Why can’t we do that here?”

Eaton contacted Discovery Diving in Beaufort to see if holding a tournament might be possible. Discovery Diving had been running lionfish derbies – competitions for fun rather than money – since the early 2000s. They also sell lionfish to fish buyers from time to time.

3 2. Boy Scout Troop 7 of Pinehurst 3. Libby Eaton and Tim Coyne of Bistro by the Sea. Photo by Rhett Register

cycle by getting his own son involved, and rejoined as an adult leader in 2008. Today Brewton is the Scoutmaster of Troop 7, which has been sponsored by Community Presbyterian Church in Pinehurst for 87 years.

The group meets weekly and plans at least eight overnight camping events each year as well as a week-long summer camp. Brewton says the goal of all Boy Scout groups is for the unit to be “boy led and adult directed.” Personally he has two goals for the boys: to learn and to have fun. He admits the camping is nice too.

“As an adult there is nothing better than sleeping in the woods, enjoying nature, and sitting around a campfire that you built yourself,” he says.

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The result was the “If You Can’t Beat ‘Em, Eat ‘Em” lionfish/lobster spearfishing tournament, which took place in Carteret County in June.

The nine-day event was developed to reduce the number of lionfish on artificial reefs off the North Carolina coast and promote eating the fish – an invasive species and competitor to many valuable North Carolina fisheries species.

Besides reducing lionfish numbers and raising awareness, the tournament also benefits lionfish research.

Parts of this article originally ran as part of a larger story in N.C. Sea Grant’s Coastwatch. To read more, go to www.nccoastwatch.org.

4. Leroy Lail – Hickory Furniture Mart

Boy Scouts, UNC Board of Governors and More Leroy Lail’s name is equally well known in the areas of furniture, hospitality and development. Under his direction, Hickory Furniture Mart evolved from a wholesale furniture exhibition facility to the largest retail furniture center of its kind in the nation. Long active in hospitality4 industry affairs, he has served international, Leroy Lail national, state and local organizations. He was Chairman of the Board of IHG Property Owners Association of InterContinental Hotel Corporation, a worldwide group representing, Holiday Inn, Crowne Plaza, Holiday Inn Express and Staybridge Suites, Candlewood Suites, Hotel Indigo and InterContinental Hotels.

Lail, who has been on the UNC Board of Governors since 2003 and chaired several committees for the board, has also been an active volunteer with a variety of organizations. He is active in the Piedmont council of the Boy Scouts, and has served on a variety of boards, including the Hickory Metro

Convention & Visitors Bureau, the Catawba Valley Hospitality and Tourism Alliance, Greater Hickory Golf Foundation, Catawba County Chamber of Commerce and Frye Regional Medical Center. He is also a former trustee of Lenoir-Rhyne College. Learn more about the Hickory Furniture Mart at www.hickoryfurnituremart.com.

5. The Eure Family – The Angus Barn

The Foundation of Hope for Research and Treatment of Mental Illness In 1984 Thad Eure, Jr. and his wife Alice, owners of the Angus Barn Restaurant in Raleigh, established The Foundation of Hope for Research and Treatment of Mental Illness, a 501(c)(3) nonprofit organization with the mission to fund mental illness research and develop more effective means of treatment. Since 1985, the first year a gift was made, the Foundation of Hope for Research and Treatment of Mental Illness has awarded 113 local scientific research grants, totaling more than $3.7 million to researchers at the UNC Neurosciences Hospital in Chapel Hill. Types of projects funded include research on schizophrenia, anorexia nervosa, depression, bipolar disorders, autism, and posttraumatic stress disorder. In addition, the foundation has awarded 26 community service grants totaling over $172 thousand. (continued on page 16)

5 5. The Walk for Hope now takes walkers through Umstead Park, adjacent to the Angus Barn.

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(continued from page 15) The Eures’ commitment to finding cures for mental illness began in 1977 when a family member was diagnosed with a chronic bipolar disorder. For years, the Eures struggled privately to find a cure, without success. The Eures traveled the country looking for facilities and doctors who could offer some promise of recovery. However, those efforts typically ended in despair. At the time, there were few viable treatments for mental illness. Over time, the Eures learned that although one in four people nationally suffer from some form of mental illness, almost no research was being done into the causes and cures.

Originally, Thad and Alice Eure donated the money for the Foundation privately. After Thad’s death in 1988, his employees decided to honor his memory by raising money for the Foundation. They called their fundraising event The Thad Eure, Jr. Walk for Hope. They walked 12 miles from Eure’s first restaurant, The Angus Barn, to his last, the 42nd Street Oyster Bar. When Alice Eure died Oct. 3, 1997, just days before the 9th Annual Thad Eure, Jr. Walk for Hope, the employees decided the walk would be renamed. The Walk for Hope started with 200 participants raising about $30,000. The 25th Annual Thad and Alice Eure Walk for Hope held on Oct. 13, saw more than 4,000 participants, who, along with corporate sponsors, have raised $670,000 in 2013. Learn more at www.walkforhope.com. z

“

What’s Cooking T he B istro-by -the -S ea’ s N aked L ionfish R ecipe Ingredients

4-5 ounces Lionfish filets Herb mixture 1 cup panko (Japanese bread crumbs) Teaspoon each of fresh thyme leaf, dill, parsley and celery leaf 1/4 cup olive oil Seasoning mixture Kosher salt (80 percent) Granulated garlic (10 percent) Ground peppercorns (10 percent)

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1. Mix olive oil & herb mixture together 2. Take lionfish fillets and coat both sides with herb mixture 3. Sear on hot grill or saute pan until herb coating turns golden brown 4. Sprinkle on seasoning mixture while fish are browning

Although one in four people nationally suffer from some form of mental illness, almost no research was being done into the causes and cures.

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ProStart news

By Ranita Bullock

Respected Prostart Judge To Officiate At N.C. Prostart Invitational The N.C. Hospitality Education Foundation will host the first annual N.C. ProStart Invitational on March 24, 2014.

After seven years of collaborating with the S.C. Restaurant & Lodging Association’s T.H.E. Program for the Carolinas ProStart Invitational, the N.C. ProStart program has seen tremendous growth worthy of its own state competition.

The N.C. Hospitality Education Foundation will host the first annual N.C. ProStart Invitational on March 24, 2014, at the Durham Convention Center, Durham.

The N.C. ProStart Invitational is a high school competition that focuses on restaurant management and culinary arts. Student competitors put their skills to the test in front of industry leaders, family and friends – all with an eye on scholarships to pursue further industry education. The N.C. ProStart Invitational will be composed of two distinct competitions: management and culinary. Management teams develop a proposal for the next hot restaurant concept and present it to a panel of industry judges. Next, their ability to think on their feet is tested as they quickly solve challenges managers face on a daily basis.

The competition will be held all day on Monday, March 24. Teams will register either on Sunday

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between 6-8 p.m. or Monday between 7-8 a.m.

After registration, culinary teams will begin competing as early as 8 a.m. and management teams as early as 9 a.m. Students can look forward to a career fair with booths set up by various colleges and universities, take a tour of the Art Institute Durham campus or enjoy the beauty and culture of downtown Durham.

After the competition, teams will gather for an awards reception that will include heavy appetizers and announcement of the winners. Industry, mentors, family and friends are encouraged to attend the reception. The top three teams from the culinary and management competition will receive medals and a variety of post-secondary scholarships. The first place teams from culinary and management will also receive a trophy to be showcased in their school for the following school year. They will also represent North Carolina at the National ProStart Invitational on May 3-5, 2014 in Minneapolis, Minn.

In an effort to coordinate a successful inaugural N.C. ProStart invitational, NC HEF will be working with National ProStart Invitational lead judge Dr. Jerald Chesser.

(Left) National ProStart Invitational lead judge Dr. Jerald Chesser (Above) Emily Haas from Watauga High School plates a dessert during the 2011 National ProStart Invitational in Kansas City.

In 2001 Bill Nolan, then the national ProStart Coordinator, asked Chesser to help him develop a national competition for ProStart students.

The first completion was held in 2002 in Denver, Colorado.

Since then Chesser has been the lead judge for the National ProStart Invitational culinary competition.

He has been the lead judge for the Carolinas ProStart Invitational since 2008. Besides being the lead judge for the NPI, he has also been cocoordinator/lead judge for California since its inception in 2002 along with assisting over the years with New York, Mississippi, Missouri, Texas, Nevada and Guam.

Chesser believes that the ProStart competition helps students develop planning, organizational

and team building skills, along with culinary and management skills.

“The ProStart competition is about achieving excellence in everything,” says Chesser. “This competition is a capstone experience and requires the student to draw on every aspect of their high school education, not just the ProStart curriculum.”

NCRLA and NC HEF are extremely excited to have Chesser on board, and are grateful for giving back to the future leaders of our industry.

For more information about the 2014, N.C. ProStart Invitational visit www.ncrla.org/prostart or contact NCRLA Education Programs Manager Ranita Bullock at 919-844-0098 ext. 017 or rbullock@ncrla.org. z

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legal bites

What You Need To Know About State And Federal Wage Laws

By Whitney Christensen, Esq.

keeping a proposal to increase the federal minimum wage at bay

With federal, state and local governments all possessing the authority to regulate certain aspects of minimum and tipped wage, keeping compliant with all of the applicable regulations can be cumbersome, especially while trying to run a business.

Federal wage and hour laws currently permit employers to pay tipped employees a minimum cash wage of $2.13 per hour and take a tip credit of up to $5.12 per hour (the difference between the $7.25 federal minimum wage and the $2.13 cash wage).

States and municipalities can vote to increase the minimum wage in their jurisdiction, but never to set it below the federal minimum wage rate. In North Carolina, the minimum wage is statutorily tied to the federal minimum wage. There is currently legislation before Congress that proposes an increase in the federal minimum wage to $10.10 incrementally over three years, but our industry is hopeful that our robust advocacy efforts in Washington and nationwide grassroots campaigns will keep the proposal at bay.

In $7.25 per hour minimum wage jurisdictions like North Carolina, if a tipped employee ever receives less than the maximum tip credit of $5.12 per hour, federal law holds the employer accountable for bringing the employee up to the minimum wage.

Thus, a tipped employee is never allowed to make less than the minimum wage per hour, but has the potential to make much more. In fact, recent research from the National Restaurant Association shows that the median income of restaurant industry employees is $12-$17 per hour in tips alone.

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The Fair Labor Standards Act places the burden on the employer not only to ensure that the minimum wage was met, but also to retain records that their tipped employees’ combined tips and tip credit always exceed the jurisdiction’s applicable minimum wage. In addition, federal law also requires employees to report tips in an amount at least equal to the amount of the tip credit claimed.

The law requires that all tipped employees be allowed to retain all of the tips they earn through the course of their employment, with credit card tips and “tip pools” constituting the main exceptions to this rule. When a customer pays by credit, charge or debit card and tips the employee on the card, the North Carolina Wage and Hour Act allows the employer to retain from the tip, at its sole discretion, an amount up to or equal to the pro rata portion of the credit card processing fee attributable to the tip.

Tip pools, which are agreements in which all or part of the tips of certain employees are combined and then divided amongst a predetermined group of tipped and non-tipped employees according to an agreed upon formula, are the other primary scenario where an employee may lawfully be required to

forfeit a portion of his or her tips.

According to North Carolina law, a tip pooling arrangement must meet the following criteria to be upheld by a court: u

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Only employees who “customarily and regularly” receive tips may receive a share from the tip pool; The employees who will be contributing to the tip pool must be made aware of the arrangement before the first pay period in which they will be subjected to it; and The share of each employee contributing to the tip pool must be at least 85 percent of the employee’s tips before the employee pays into the tip pool.

The 9th Circuit Court of Federal Appeals recently

ruled that employers can establish tip pools to include back-of-house staff if they pay the full minimum wage and take no tip credit. The U.S. Department of Labor intends to contradict this ruling in nationwide rulemaking, which has caused the National Restaurant Association, restaurants and restaurant employees to join together to file a federal lawsuit. Additionally, a recent lawsuit brought by Starbucks baristas arguing that assistant managers should not be included in their tip pools resulted in an opinion from the New York Court of Appeals ruling that salaried assistant managers should not be allowed to participate in the pools.

If you have any questions about these or any other wage regulations or legislation, please contact Whitney Christensen by phone at (919) 844-0098 or by email at wchristensen@ncrla.org. z

(continued from page 9) A committee comprised of state and local health officials, as well as a variety of industry representation, including NCRLA, meets regularly to review the applications and make determinations on the variance requests.

If your request is approved, your variance processes remain on file at the state Food and Lodging Program as well as your local county health department. You must keep all of your paperwork and documentation on your approved variance on file and easily accessible to present during your time of inspection.

There is also an appeals process if you feel your variance request was unfairly denied. The Director of the Environmental Health Section of NC DHHS will re-review the application and your reason for appeal.

For questions on this rule or any other portion of the FDA food code, health inspections or sanitation scores, please contact NCRLA’s health and safety expert Alyssa Barkley at 919-844-7883 or by email at abarkley@ncrla.org.

Certified Food Protection Manager Rule Requirements Please be reminded that effective Jan. 1, 2014, the rule requiring a Certified Food Protection Manager to be on-site during food preparation and operating hours will be enforced and two points can be taken off inspection scores for those not complying. As an NCRLA member, you receive a 10 percent discount on your ServSafe needs.

Visit www.ncrla.org/servsafe for details on classes and exams.

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upcoming events and webinars Network with North Carolina’s hospitality industry leaders at one of NCRLA’s upcoming events Throughout the year, the N.C. Restaurant & Lodging Association hosts several events that are open to members and the hospitality industry. We also provide event information for the National Restaurant Association and the American Hotel and Lodging Association.

Dec. 24, 2013-Jan. 1, 2014 NCRLA office closed Jan. 22-23, 2014 NRA Consumer 2014 Trends & Directions Conference, Newport Beach, Calif.

Jan. 27-29, 2014 The Americas Lodging Investment Summit, JW Marriott & Nokia Theater @ LA Live, Los Angeles Feb. 3, 2014 Taste of North Carolina, Sheraton Imperial Hotel & Convention Center, Durham Feb. 4, 2014 Board of Director's Meeting & Annual Member's Meeting, Sheraton Imperial Hotel & Convention Center, Durham Feb. 26-27, 2014 Destination Capitol Hill, legislative fly-in sponsored

by US Travel

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NCRLA COO Alyssa Barkley, Pete Cotter (KIN Restaurants) and Lance Trenary (Golden Corral) at the Future of Hospitality Benefit in June, 2013

May 3-4, 2014 National ProStart Invitational, Minneapolis, Minn.

May 17-20, 2014 Annual NRA Show, McCormick Place, Chicago, Ill. May 17-20, 2014 Annual NRA Show, McCormick Place, Chicago, Ill.

March 18-19, 2014 AH&LA Legislative Action Summit, JW Marriott, Washington, D.C.

May 18-19, 2014 International Wine, Spirits & Beer Event (with NRA Show), McCormick Place, Chicago, Ill.

March 24, 2014 N.C. ProStart Invitational, Durham Convention Center

June 1-2, 2014 Future of Hospitality Benefit and Golf Classic, North Ridge Country Club, Raleigh

April 29-30, 2014 NRA Public Affairs Conference, Washington, D.C.

Visit www.ncrla.org for more information and event updates. z

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new members NCRLA welcomes new members from across North Carolina Go to www.ncrla.org/ membership to learn more about NCRLA and to download a membership application.

1889 White Gate Inn & Cottage 1898 Waverly Inn 1902 Turnpike House B&B 1906 Pine Crest Inn 803 Elizabeth B&B A Bed of Roses Acorn Bed & Breakfast @ Mills River Andon-Reid Inn Applewood Manor Inn Arrowhead Inn At Cumberland Falls Bed & Breakfast Inn Bad Daddy’s Burger Bar Benjamin W Best Country Inn Big Mill Bed & Breakfast Biltmore Village Inn Bistro in the Park Blooming Garden Inn Buffalo Tavern B&B Butterfly Creek Inn Carolina Distillery Carol’s Garden Inn Cedar Crest Inn Center for Sustainable Tourism ECU Chalet Inn Chestnut Street Inn Currituck Chamber of Commerce Davidson Village Inn Davinci’s Dr. Flippin’s B&B Duke Mansion Earthlink Business East Oceanfront Dining

Edu-Vision Fuquay Mineral Spring Inn & Garden Glade Valley B&B Great American Grill Wilmington Harmony House Inn Harren House Bed and Breakfast Headwaters Pub Herren House Bed & Breakfast Home Coming of Surry County Inn at Bingham School Inn at Celebrity Dairy Inn at Iris Meadows Inn at Rose Hill Inn on Main Street Inn on Mill Creek Innovative Food Safety Solutions (IFSSO) Island Breeze Grill Ivy Bed & Breakfast Lake Shore Lodge Lamplight Inn Lodge on Lake Lure Lois Jane’s Riverview Inn Mast Farm Inn Michael and Son Services of NC Misty Mountain Ranch B&B Morehead Manor B&B Morning Glory Inn Moss House B&B Napa on Providence Oak Hill Country Inn Oak Hill on Love Lane Oakland Cottage B&B Old North Durham Inn One Fifty One Boutique Bar and Kitchen Outer Banks Chamber of Commerce

Pamlico House Pilot Knob Inn Pintxos Pour House PlotWatt Raleigh Brewing Company Red Stag Grill Rhubarb Rosemary House B&B Roux Run of the Mill B&B Ruth’s Chris Steak House Asheville Safe Food Instruction Sagebrush Of Kinston Seasons Shady Wagon Farm Stone Theatres Management The Aerie Inn B&B The Bob Timberlake Inn at Chetola The Crest Dining Room The Fork Lodge The Great American Grill The Hotel Tavern The Inn at Grays Landing The Lodge Restaurant The Sunset Inn (Sunset Beach) The Sunset Inn (Wendell) The Vintage Inn The White Doe Inn Thermo King of Raleigh Thirsti Tiki Bar & Restaurant Timberlake’s Restaurant Time Warner Cable Twin City Insurance Wildberry Lodge Windows Restaurant Writer’s Bistro Zackery Michael Commercial Construction z

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advocacy

NCRLA Members Raise Funds for Pacs at Manteo to Murphy raising more than $95,000 for PAC

On Oct. 28, Golden Corral and The Angus Barn hosted the annual Manteo to Murphy PAC fundraiser at The Pavilions at The Angus Barn.

The event featured tastings from some of North Carolina’s most acclaimed chefs, an exciting live auction and a silent auction with items ranging from vacation getaways to fine art and more.

Governor Pat McCrory addressed the group on the importance of the hospitality industry, and personally shook hands with the chefs at the event.

Manteo to Murphy was a financial success, raising more than $25,000 for the NCRLA PAC and more than $70,000 for the NRA’s Restaurant PAC.

NCRLA Board Chair Brad Hurley with Governor Pat McCrory

This year’s event featured the following chefs: u

Damian Cavicchi, Biltmore Estate, Asheville

u

Miguel Cuevas, Gonza Taco y Tequila, Raleigh

u

Jon Fortes, Mimosa Grill, Charlotte

u

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Jason Cunningham, Washington Duke Inn & Golf Club, Durham

NCRLA President & CEO Lynn Minges with incoming NRA Board Chair Ken Conrad of Libby Hill Seafood

u

Sean Fowler, Mandolin, Raleigh

u

Bud Gruninger, Lone Cedar Cafe, Manteo

u

Scott James, Midtown Grille, Raleigh

u

Adam Long, Bad Daddy’s Burger Bar

u

Walter Royal, The Angus Barn, Raleigh

u

Sam McGann, The Blue Point, Duck

u

Jason Smith, 18 Seaboard, Raleigh

u

Julia McGovern, Poppyseed Market, Raleigh

u

Cliff Vogelsberg, Winston’s Grille, Raleigh z

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u

Jeff Porter, Bluewater Waterfront Grill, Wrightsville Beach

advocacy

NCRLA Hosts Tourism Roundtable in Concord with Rep. Hudson state travel and tourism generates roughly $1 billion in spending NCRLA hosted a tourism roundtable Sept. 24 with US Travel and the Cabarrus County CVB. US Rep. Richard Hudson was there and learned about the need for infrastructure improvements, and efforts to boost tourism and attract international travelers.

Several NCRLA members, including Joel Griffin of Griffin Stafford Hospitality, Terry Crawford of Embassy Suites and Vinay Patel of SREE Hotels, also participated in the roundtable.

Travel and tourism has grown to be one of the state’s top industries, employing nearly 200,000 people and generating roughly $1 billion in spending throughout the state, said Hudson.

Travel is also the nation’s largest industry, accounting for one of every eight jobs, according to the CVB. Locally, the industry employs about 4,000 people with a payroll of about $77 million. z

Tourism leaders meet with Rep. Richard Hudson during an NCRLA-sponsored tourism roundtable in Concord.

Movers and Shakers

Ken Conrad to Chair NRA Board Longtime NCRLA member Ken Conrad, chairman of Libby Hill Seafood Restaurants, will assume the chairmanship of the NRA on Jan. 1, 2013. Libby Hill Seafood Restaurants is a nine-location company based in Greensboro. Conrad’s parents began the company in 1953 with a single restaurant.

a cook in one of his parents’ restaurants and later took over operations of that location. He became company president in 1983.

Ken Conrad

“I sincerely hope that the political landscape in Congress will begin to understand our business,” says Conrad about what he hopes to achieve during his tenure. “We are working every day to educate both politicians and the media on our issues.

A former chairman of the North Carolina Restaurant and Lodging Association, Conrad served on its board for more than 20 years. He was named Restaurateur of the Year in 2007 and received the Griff and June Glover award for outstanding service to the industry. He has been a member of the National Restaurant Association Board of Directors since 2004.

“The AHCA alone is a game changer for many of our restaurants, as well as immigration and minimum wage legislation. 2014 will be a defining year in America.”

The long-time industry veteran is active in the Greensboro, NC, business community through the Chamber of Commerce, the Economic Development Alliance and the Guilford Merchants Association. He lobbies on behalf of small businesses on local, state and federal issues and has testified before Congress on food safety issues. He is a former chairman of the National Fisheries Institute.

Conrad began his long restaurant-industry career as

Conrad has a bachelor of art’s degree in economics. z

Scoring with Social Media

Wake County Now Publishing Sanitation Scores On Yelp creating a better experience for consumers

Restaurants in Wake County have a new reason to pay close attention to Yelp, the social restaurant review site.

According to an Oct. 3 press release, the county has partnered with the site to publish sanitation scores online. Wake County is the third jurisdiction in the United States, behind San Francisco and Louisville, Ky., to provide this information via Yelp.

“

“As a leader among the largest urban counties in the country, Wake County is committed to being a transparent government,” said Bill Greeves, Chief Information Officer for Wake County. “This open data partnership is a perfect example of how open data in government can be leveraged to create a better experience for consumers while promoting the public good.”

Restaurant sanitations scores are public information in North Carolina, but publishing them on Yelp heightens the scores’ visibility. Luther Lowe,

In incorporating restaurant inspection scores, Yelp’s goal is to provide relevant information to consumers while they are making their dining decisions.

”

government relations director for Yelp, sees this visibility as a benefit for consumers.

“Hygiene scores help consumers make better informed decisions,” said Lowe. “In incorporating restaurant inspection scores, Yelp’s goal is to provide relevant information to consumers while they are making their dining decisions. We are very excited to be able to do that here in Wake County.”

On a restaurant’s Yelp listing, the Health Score is listed in the details section, directly beneath the phone number. Yelp users can click on the score for more details on possible violations. Information is also available on scores dating back a full year.

For restaurants that consistently maintain a high “A” rating, having these scores public can be beneficial. Restaurant owners who are worried about their scores are advised to learn more about food safety through the ServSafe program at www.ncrla.org/servsafe.

Wake County’s partnership with Yelp has no impact on the health inspection process. Scores will continue to be posted and updated on the County’s website WakeGOV.com and at http://wakedigitalhealthdepartment. com/ z

One Wake County restaurant’s sanitation score listing on Yelp.

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Benefits of Membership in NCRLA NCRLA and UnitedHealthcare offer exclusive solutions for members

NCRLA is pleased to announce that we have partnered with UnitedHealthcare to offer industry-specific health care solutions to our members. United offers a suite of health benefit and wellness products that will help thousands of restaurant and lodging employees gain easier access to cost-effective health care coverage, and related products and services. The goal is to provide our members with greater access to health care, help our members comply with the Affordable Care Act and provide information necessary for employers to make informed decisions for their employees.

We chose United because they are the industry leader in a wide range of innovative products and services that address the diverse health care needs of hospitality employers, employees and their families. United is offering the following: u u u u

Discounts exclusive to NCRLA members Plans to replace mini-meds New participation guidelines to help meet the needs of the hospitality industry Resources for Latino/Hispanic owners, operators and employees through United’s Latino Health Solutions program.

United offers medical coverage with access to its expansive network of health care providers and services, online tools, a wide range of wellness programs, and discounts for saving on an array of wellness products including prescriptions, and online plan management. In addition, voluntary benefit programs are available for dental, vision, life and disability insurance products.

This program is designed for restaurants, hotels and all other NCRLA members. As you consider your needs and options under the ACA, we hope you take advantage of this unique opportunity from UnitedHealthcare.

To see what exclusive discounts you are eligible for as an NCRLA member, please contact Kimberlee Vandervoorn at 301-865-7058 or KVandervoorn@uhc.com.

a la carte A sampler of hospitality-related news stories

Celebrate North Carolina’s Hospitality Industry And Its Leaders On Feb. 3

NC HEF, ProStart lauded in Association Executives’ magazine

Make sure to save the date for NCRLA’s annual Taste of North Carolina gala and Stars of the Industry Award Ceremony, Feb. 3, 2014, at the Sheraton Imperial Hotel & Convention Center in Durham. This annual event is where the state’s hospitality leaders come together to network, sample premium North Carolina products, and celebrate the accomplishments of our best and brightest. The 2014 event will be extra special as we celebrate incoming National Restaurant Association Board Chair Ken Conrad of Libby Hill Seafood, as well as the North Carolina’s previous NRA board chairs: the late Thad Eure, Jr., of The Angus Barn, and Ted Fowler of Golden Corral. To register or learn more about sponsorship opportunities for Taste, or to learn more about the evening’s honorees, go to www.ncrla.org/2014taste. z

The Association Executives of North Carolina profiles the work of the N.C. Hospitality Education Foundation and North Carolina’s successful ProStart program in its October edition. The article gave an overview of NC HEF and its success in raising funds for North Carolina hospitality students, and gave details on the upcoming N.C. ProStart Invitational, scheduled for March 24, 2014.

Go to www.ncrla.org and click on the Press Room link to read the article. z

Annual Member’s Meeting Scheduled For Feb. 4 NCRLA’s Annual Member’s Meeting will take place Feb. 4, 2014, at the Sheraton Imperial Hotel & Convention Center in Durham. The meeting, which is open to all NCRLA members, will immediately precede a meeting of the NCRLA Board of Directors.

Included in the meeting agenda will be for an update from new NCRLA chair Joel Griffin of Griffin Stafford Hospitality, and an overview of the organization’s priorities in 2014. More details will be announced as the date approaches.

For more information, contact Kristin Worrell at 919-277-8581. z

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Be prepared on ADA pool lift requirements According to a published report, a law firm based in Texas recently filed numerous lawsuits against lodging properties across Texas, alleging the firm’s client, a disabled veteran, faced unlawful discrimination because the lodging property did not have a swimming pool lift or other means of accessible access to the swimming pool.

In nearly every case, the guest did not actually stay at the hotel, but rather telephoned the front desk and inquired whether the lodging property had a swimming pool lift. After confirming the property did not have a functional pool lift in place, the law firm filed suit against the hotel, alleging violation of the Americans with Disabilities Act provisions requiring a property to provide accessible access to swimming pools and spas.

Please report any activity like this in North Carolina to NCRLA. Contact Whitney Christensen at 919-844-0098, ext. 018. z

Help A Deserving Employee Advance In The Hospitality Industry The 2014 N.C. Hospitality Education Foundation scholarship and grant applications are now available online at ncrla.org. Please click the Education Foundation button.

NC HEF administers several scholarships and grants for high school and college students going into two- or four-year colleges or universities.

These include scholarships for culinary, hospitality management and tourism. One scholarship in particular will benefit the child of an hourly waged hospitality employee, regardless of the child’s intended course of study. Among the scholarships are two courtesy of Golden Corral.

The William F. Carl Scholarship (for children of hourly waged hospitality employees) This scholarship memorializes the late Bill Carl, co-founder of Golden Corral.

The Vickie Clark-Flaherty Scholarship (for women seeking careers in the food and beverage industry) This scholarship honors the memory of Vickie Clark-Flaherty, a stand-out food and beverage management professional who served as Golden Corral’s Senior Product Development Manager and this particular scholarship is for females seeking careers in the food and beverage industry.

If you have a standout employee who wants to further their education, or the education of their children, please share this information with them.

Information about all grants and scholarships can be found online here. For questions please contact either NC HEF Executive Director Alyssa Barkley at 919-844-0098 ext. 024 / abarkley@ ncrla.org or Education Programs Manager Ranita Bullock at 919-8440098 ext. 017 / rbullock@ncrla.org.

Since its inception in 2003, NC HEF has awarded more than $1.1 million in scholarships and grants to students and teachers. This charitable arm of NCRLA was created with the intent to strengthen the future workforce of North Carolina’s hospitality industry.

Our scholarship and grant program is just one way NC HEF works to achieve that goal. Workforce development through our giving program, NC ProStart, STEM, industry partners and mentorships are some of the other successful tactics taken to strengthen the quality of our industry’s most valued asset: its workforce.

Thank you to NC HEF’s giving partners: Golden Corral, Johnson & Wales University, The Chef’s Academy, K&W Cafeterias, Davidson and Jones Hotel Corporation, Darden’s Restaurants in Communities Program and the National Restaurant Association Education Foundation. Without these generous industry and academic partners, NC HEF’s scholarship and grant program would not be possible. z

Get crucial information for your business with the NCRLA Law Review The North Carolina Restaurant and Lodging Association’s Law Review provides a concise summary and analysis of the state and federal laws that are most relevant to hospitality businesses. Reviewed and revised annually by NCRLA’s Legal Team, the Law Review provides an up to date survey of the laws that govern the restaurant and lodging industries. It is the only publication of its kind and is exclusively available to NCRLA members.

Members will need their NCRLA password to access the Law Review. If you need help with your password, contact Membership Coordinator Kristin Worrell at kworrell@ncrla.org or 919-844-0098 ext. 015.

Members who need legal insight beyond what is outlined in the Law Review may contact NCRLA Staff Attorney Whitney Christensen at wchristensen@ncrla.org or 919-844-0098 ext. 018. z (continued on page 32)

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(continued from page 31)

N.C. sees record number of rooms sold North Carolina lodging properties continued to perform well through the third quarter of 2013, with year-to-date room demand and room revenues at record highs. Year-to-date demand (number of room nights sold) through September was 23.6 million, up more than 14 percent from 2000 (see graph). Room revenues are up 3.8 percent from the same time period last year, and up more than 12 percent from 2011. Regionally, the Western Region continues to lead the state in revenue growth with a 10 percent increase over YTD 2012. The region’s growth can be attributed to both a healthy demand increase YTD (+4.6 percent) as well as continued growth in room rates YTD (+5.2 percent).

Room demand for September was flat from September 2012 statewide, dampened by growth in September 2012 due to the Democratic National Convention in Charlotte. However, September demand growth during a two-year period stands at 3 percent statewide. The Carolinas Region and Mecklenburg County saw demand decline somewhat for the month as well, as a result of the DNC last year; however, each show strong twoyear growth in number of rooms sold. Room demand for the Carolinas Region was up nearly 10 percent from September 2011 to September 2013 and room demand for Mecklenburg County was up more than 9 percent from September 2011 to September 2013.

Room supply in the state is up more than one percent year-to-date, outpacing supply growth at the national (+0.7 percent) and South Atlantic regional (+0.3 percent) level.

The complete report is available at www.nccommerce.com/tourism/research. For more information, contact Marlise Taylor at 919-733-7278 or mtaylor@nccommerce.com. z

Chef Adam Hayes of Red Stag Grill Wins Got to be N.C. Competition Dining Series Final Fire Battle of the Champions The Got to Be N.C. Competition Dining Series ended Nov. 23 with the Final Fire Battle of the Champions in which Chef Adam Hayes’ Red Stag Grill team edged out Chef John Bobby’s Noble’s Grille team.

At each series battle, chefs are required to use one (or two) featured North Carolina products in each of their courses. The evening’s featured products were Black Winter Périgord truffles and truffle honey from Keep Your Fork Farm in King, N.C. Each chef team prepared three courses using both truffle products for 170 diners in a sold-out ballroom at the Renaissance Raleigh North Hills Hotel.

A $4000 check was presented to Hayes by Mac Sullivan, chief executive officer of Pate DawsonSouthern Foods and Jimmy Crippen, event host and founder of the Got to Be N.C. Competition Dining Series. Bobby’s team received a $1000 check. Ironman Forge in Charlotte presented a custom, handmade set of chef knives to the champion, Hayes.

Jon Fortes of Mimosa Grill in Charlotte, Dean Thompson of Flights in Raleigh, and Gerry Fong of Persimmons in New Bern were the regional winners who competed in Final Fire. z

Correction: Movers and Shakers The Movers and Shakers article in the Fall 2013 edition of At Your Service noted that four NCRLA members (Ann Goodnight, Marty Kotis, Doyle Parrish and Craig Souza) are on the UNC Board of Governors. The story neglected to mention that Hickory Furniture Mart Chairman of the Board Leroy Lail is also on the board. NCRLA regrets the error. z

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ask ncrla

NCRLA’s Experts Answer Your Questions QUESTIONS ON employee health policy documents, pac and terminations

Each week NCRLA’s team of experts tackles your questions on all aspects of the hospitality industry in the weekly In the Mix member email. Selected questions are republished here. To submit a question for consideration, or to subscribe to In the Mix, please email Marketing & Communications Manager Karen Mann at kmann@ncrla.org. We will not print your name.

Q: I have been told I have to use the Employee Health Policy document my county health department drafted. I have one of my own that I created to meet the requirements of the FDA food code. Do I have to re-issue a new policy to my employees or can I keep using mine?

A: With the adoption of the FDA food code in September 2012, food service operators are now required to enforce an Employee Health Policy for their staff. There is no official or required format that is mandated to meet the rule, however, you do have to include the following: u

u

u

u

Reporting for certain illness symptoms, certain disease diagnosis and possible exposure to certain illnesses A plan for exclusion or restriction from work/ duties A plan for returning to work An agreement line and signature for employee to acknowledge the policy

You must be able to produce signed copies of your Employee Health Policy for each staff member at time of each health inspection. NCRLA has provided a template policy that includes everything you need to create a customized Employee Health Policy.

Page one serves as the template form and page two breaks down all of the potential transmitted diseases common in food service. Please feel free to take this template and make it your own.

For any questions or concerns about this rule or any other FDA food code requirements or health inspection issues, contact our resident health and safety expert, Alyssa Barkley at 919-844-0098 ext.

024 or abarkley@ncrla.org.

Q: If I make a contribution to the NCRLA PAC, how much of my money goes to actual contributions and how much goes to administrative expense or overhead?

A: NCRLA PAC is proud of the fact that 98 percent of all contributions to the PAC go out in actual contributions to candidates. NCRLA provides staff support to the PAC for free, and direct costs are held to a minimum (such as credit card processing fees and bank charges).

Q: What kind of notice must I post if I choose to ban patrons with concealed carry licenses from bringing handguns into my restaurant?

A: The law only requires that your notice be “conspicuous.” There is no statutory requirement on where the notice needs to be placed, but doors or entryways are both good locations to make sure your guests are aware of your policy. You can make the notice yourself with language like “No Concealed Handguns Permitted inside this Establishment” or with an image of a gun in a circle with a line through it, or you can order a decal online. z

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