OABA MARCH 2016

March 2016

51

Has Begun!

In This Issue: H State Minimum Wage Increases H TAFE Hall of Fame/Lifetime Achievement Award H Reithoffer Shows Names New Director of Business Development H XL Group plc Allied Acquisition Completed

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Contents The Official Publication of the Outdoor Amusement Business Association

March 2016

ASSOCIATION 4 FROM THE OABA CHAIR

20 SERVICES, BENEFITS & PROGRAMS

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Great Expectations

Final 2015 Contribution Fund

Sykes Receives TAFE Hall of Fame/ Lifetime Achievement Award

6 ASSOCIATION BUZZ

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“51” Has Begun… and our members are excited about this season!

GOVERNMENT REGULATIONS 21 ARNOLD SAFETY CONSULTING

Grimm Named Director of Business Development with Reithoffer Shows

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8 AS THE WHEEL TURNS

XL Group plc Allied Acquisition Completed

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State Minimum Wage Increases Effective 2016

March 2016

Who, what and where are people making news? Here’s the scoop.

10 ON THE EARIE Tom Powell reports on the industry’s shows, fairs, colorful show folks and amusing events.

16 PHOTO GALLERY

DOT Transportation and Regulatory Update

CIRCUS MEMBERS 22 FROM THE CENTER RING Rodney Huey follows circuses around the country.

25 CAPITOL UPDATE Joan Galvin, Government Relations Consultant

The OABA catches members in action.

51

Has Begun!

In This Issue: H State Minimum Wage Increases H TAFE Hall of Fame/Lifetime Achievement Award H Reithoffer Shows Names New Director of Business Development H XL Group plc Allied Acquisition Completed

This month’s cover photo of Calgary Stampede 2015, Calgary, Alberta, Canada was taken by Scooter Korig, N.A.M.E.

ShowTime PUBLISHER|MANAGING EDITOR Robert Johnson 407.681.9444 H bobj@oaba.org EDITOR Dee Dee Alford 407.681.9444 H deedeea@oaba.org GRAPHIC DESIGN Avic-Versi Creative Jen Burge H 817.602.7254 H avicversi@att.net ADVERTISING SALES 407.681.9444 H oaba@oaba.org ASSOCIATION OFFICE Outdoor Amusement Business Assn., Inc. 1035 S. Semoran Blvd., Suite 1045A Winter Park, FL 32792 407.681.9444 H fax 407.681.9445 © Outdoor Amusement Business Assn. 2016

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Our Mission: To promote the preservation and growth of the outdoor amusement industry through leadership, advocacy and education.

All advertisements appearing in this ShowTime publication are paid by the advertiser and the OABA reserves the right to refuse any advertising. The ads are provided on an “as is” basis and do not necessarily carry the endorsement of the OABA. In addition, the OABA does not guarantee, warrant, or endorse the information, products, or services of any corporation, organization, or person contributing to this publication.

OABA OFFICERS

OABA TRUSTEES

CHAIR Thomas J. Gaylin, III 1ST VICE CHAIR E. J. Dean 2ND VICE CHAIR Jay Strates 3RD VICE CHAIR Larry Yaffe TRUSTEE 2015 Michael Wood TRUSTEE 2014 Chris Lopez TRUSTEE 2013 Mike Featherston TREASURER Mitchell Kaliff PRESIDENT Bob Johnson

OABA DIRECTORS Michael Brajevich Doug Burtch Tony Cassata Brad Dallman Andy Deggeller Michael Doolan Blake Huston Stacey Jamieson Marc Janas

Michael Lauther Charlene Leavitt Ron Morris Ben Pickett Debbie Powers Rick Reithoffer Lorelei Schoendienst Patrick Sheridan Scott Siefker

Joseph Skerbeck Mary Chris Smith Greg Stewart Holly Swartz Amber Swedgan Rob Vivona

Jeanne McDonagh-2012 Bill Johnson-2011 Dominic Vivona, Jr.-2010 Wayne McCary-2009 Andy Schoendienst-2008 John Hanschen-2007 Guy Leavitt-2006 Ron Burback-2005 Don Deggeller-2004 James E. Strates-2003 * Jackie Swika-2002 Danny Huston-2001 Jeff Blomsness-2000 Sam Johnston-1999 Buddy Merten-1998 * Richard Janas-1997 Jean Clair-1996 James Murphy-1995 Dominic Vivona-1994 * Bill Dillard, Sr.-1993 Tom Atkins-1992 * Red Wood-1991

* Billy Burr-1990 Bob Coleman, Sr.-1989 * Milt F. Kaufman-1988 * Andy Andersen-1987 * John Vivona-1986 * Mike Farino-1985 James H. Drew, III-1984 Gerald L. Murphy-1983 * John A. Campi-1982 * Buster L. Brown-1981 * Hub Luehrs-1980 * Lloyd J. Hilligoss-1979 * Hal F. Eifort-1978 * Alfred H. Kunz-1977 * P.E. Reithoffer, Jr.-1976 * Bernard P. Thomas-1975 E. James Strates-1974 * Rod Link-1973 * C.J. Sedlmayr-1972 * John Portemont-1971 * William T. Collins-1966-70 * W.G. Wade-1965

* Deceased

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ASSOCIATION H MESSAGE FROM THE OABA CHAIR

Great Expectations Tom Gaylin, OABA Chair 2016

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ne of the greatest novels ever written by Charles tax. Animal rights have been at the forefront of challenges that Dickens, regardless of whether your glass is half we face, not only at the local but state levels, and the battle is full or half empty, most individuals affiliated with ongoing. This past year, thanks to Frank Murray’s family operathe mobile amusement industry experience great expectations tions at the Renaissance Fair in Annapolis for over 10 years, a in anticipation of the start of a new season on the road. local regulation prohibiting exotic animals targeting elephants One’s expectations are determined by a multitude of variwas squelched. Your OABA was involved as well. ables. Employee challenges, Mother One of the projects that I am most Nature, fuel prices, unforeseen breakexcited about is the first-ever Mobile downs, dealing with our patrons and Amusement Industry Summit that This is the time of year that our event sponsors are just a few of took place at the Gibsonton tradethose variables that affect the bottom all of us are full of anticipation and show in February. Its purpose is to line. Social trends in our society also open lines of communication with we never factor in the challenges create competition for the entertainindustry related organizations in we’ll face on a daily basis. ment dollar. Ever notice how many hopes of getting everyone rowing in individuals have cell phones stuck the same direction. to their ears, no matter where they are or what they are doing?

My own personal project for the past three years has been the But, this is the time of year that all of us are full of anticipation development of the OABA Hall of Fame and industry Pioneers and we never factor in the challenges we’ll face on a daily basis. housed in the IISA museum in Gibsonton. Congratulations to our That is the hook that continues to draw us back for more — the new Hall of Fame inductees, Beverly Burback, Jimmy Drew and adversity. We are truly a resilient bunch.

Butch Netterfield, and to our industry Pioneer, Joie Chitwood.

As I start my tenure as your 2016 OABA Chair, I am expeI am extremely excited about facing the challenges ahead riencing the anticipation of the task ahead. I too have “great and accepting the responsibility that comes with being the new expectations.” Top of the list is the ongoing struggle concerning chair. I am looking forward to working with our executive board the H-2B challenge, but there is light at the end of the tunnel. and board of directors and, of course, our staff. Congratulations Through the leadership of my predecessor, Michael Wood, and to our new directors and our new Third Vice Chair Larry Yaffe. the help of our DC lobbyists and H-2B attorneys, the OABA has Any association is only as good as its membership. If at made great strides both at the regulatory and judicial levels. any time there are concerns, ideas or suggestions to improve The association has already aligned itself in a support role for this great industry or the association, I am open minded and the Mobile Workforce Simplification Act, which will give employwelcome your input. Please do not hesitate to contact me at ers relief when it comes to operating in several states, with a 443-463-8181. state withholding exemption. We are also working on expanding Wishing everyone safe and successful “Great Expectations” the mileage exemption when it comes to federal highway use this season! H

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H OABA ShowTime Magazine | MARCH 2016

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816-581-0033 • 839 NE Woods Chapel Road • Lee’s Summit, MO 64064 • www.oafinance.net ShowTime_March2016_28pp.indb 5

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ASSOCIATION H ASSOCIATION BUZZ

“51” Has Begun… and our members are excited about this season!

Bob Johnson, OABA President

O To promote the preserva ur Mission: ti amusement industry thr on and growth of the outdoor ough leader ship, advocacy and education

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hose of you who provides a great networking opporattended our 51st tunity to meet people all over the Annual Membership U.S. and Canada who are leaders in Meeting, Hall of Fame and industhis industry.

Our recently-elected Chair, try Pioneer inductions had to A big congrats to Brenda Tom Gaylin, is excited about be impressed with the passion Rodriguez who was recognized and dedication of these men and for her five-year milestone with the his board leadership and looking women, who were honored for OABA, as she continues to serve forward to hosting the OABA’s their achievements in the mobile our members and the board, and is board at their spring meeting in amusement industry. a huge help to me, Dee Dee Alford Because of the timing of this and Al DeRusha in the office.

Annapolis, Maryland next month. year’s IISA Convention and Trade Lastly, a very special thank Show, this ShowTime issue will you to our sponsors of this year’s not include the photos and stoAnnual Member Meeting: A.R.M. ries of all the week’s events and galas. Look for them in the Rides, Allied Specialty Insurance, Chance Rides, CocaApril issue.

Cola, Fare Foods, Firestone Financial, Gold Medal Our recently-elected Chair, Tom Gaylin, is also excited Products, Hitch-Hiker Manufacturing, Rides-4-U and about his board leadership and looking forward to hostWaterloo Tent. ing the OABA’s board at their spring meeting in Annapolis, These people deserve your business and continue to give Maryland, his home state, next month. This is a great meetback to this industry and your trade association for all the ing for new board members and their spouses to attend, as it work we do to serve you. H

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ASSOCIATION H ON THE EARIE

On The Earie Tom Powell, OABA News Ambassador

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t occurred to me that I have been attending the trade show and extravaganza of the International Independent Showmen’s Association since 1973, having started as a reporter for Amusement Business in June of 1972 and being named editor by Publisher Walter Heeney the very next year.

I had read and heard the term, “See ya in Gibtown,” countless times, but until you’ve made your first visit, you really have no idea of what awaits you. I was amazed to see games trailers, food trailers, rides, and Johnny Welde’s bears in people’s yards. To me, they were amazing sites and when I first met veteran sideshow operator Ward Hall, his words stuck with me. He referred to the Carnival Capitol of the World as Grand and Glorious Gibsonton. He has never changed his tune.

I had been a sports writer for the Nashville Tennessean from 1958 to 1972 and was well aware of several in the business before I became an integral part of it. At AB, I always preached that besides writing about the carnival, fair, park, arena and stadium businesses, we were a vital part of them. I had met Darrell Boyd, a sportswriter, before I knew him as a partner with Arthur Lamkin, and then working with Bill Curry. Having been the track announcer at Fairgrounds Speedway, I had interviewed Joie Chitwood, this year’s OABA Pioneer recipient, when he’d bring his show to town. Bob Grems, who was manager of the Dutchess County Fair, Rhinebeck, NY, was a Chitwood announcer.

The loveable Al Sweeney and his wife, Brunch, brought in their IMCA races each year. In later years, I spent many wonderful hours with Al Sweeney at the Greater Tampa Showmen’s Association clubrooms, where he was an active member.

I was aware of many others who had crossed my path in both lives, most notably Hillman Snyder, who owned a carnival in Nashville and had been part of a double wedding with a mutual friend, John A. Hobbs. Hobbs was at this year’s

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trade show with Hillman Snyder Jr., and his wife, Janie. The Snyders now book food with Matt McDonagh’s Big Rock Amusements. I also had friends such as talent agent Buddy Lee and fireworks king George Zambelli. Actually, I saw more major sports events during my years at AB than I did as a sports writer.

The club banquet of 1976 when Hall was president was the best I ever attended. Christine, who was my date that night, and I sat with Jim and Ivory Jackson of Jackson’s United Shows, who were also celebrating their 25th wedding anniversary. He gave her a Silver Cadillac, and later that summer I visited a street festival in Sesser, IL and they were still celebrating. On that same trip, I ran into a carnival named McQuater’s Greater Shows, owned

by Gene (Hot Sauce) McQuater. Gene has helped organize our Polish Picnic at Showtown each year. That was first started

by Andy and Ethel Osak, who owned Showtown USA, in appreciation for the stories I had written over the years. Most of the early characters in the business could be found at the club, Showtown, the Bullfrog Lounge, or late at night or early morning for breakfast at the Giant’s Camp.

John McCarthy, who later became my brother-in-law, had Dar-Jon’s Foods and I’ll never forget when I first did an interview with him, he stressed, “We use nothing but Maxwell House coffee.” It would be fun if some of today’s concessionaires would come up with an answer like that. McCarthy, Bill Lordy, Terry (The Viking) Erickson and Gary McNeil of L&G Concessions are among those who have told me that John (The Peddler) Curtis was like a mentor to them.

“He’d give you the shirt off his back,” said Lordy. “Colonel Blake Coleman was that way too,” said McNeil.

The first guys who ever took me around the premises at Gibtown and made me feel as if I were a part of everything were Frances Hadsall, Kal Hamilton and Paul Dell.

Hadsall never served as president, but I’ll

never forget how kind he was and how he and the others made me feel right at home.

He has a lot of successors who are just as welcoming to newcomers these days.

I miss many others who exhibited or were guests for so many years who don’t, for one reason or another, come anymore.

We all miss Buzz Barton and his jewelery stand. He could have a line of 20 people waiting and he would never get in a hurry, but what a solid gentleman he was.

John and Betty Roseboom had Betty’s Carousel Horses. Dick and Dee Mueller had their popcorn supply booth outside, and there were characters at the bar like Big Bill Harding, who had run the Yonkers, NY Fair. How about all those Canadians – John Homeniuk, Don and Scoop Campbell, John Robertson, Dave Farberman and Rick Lawand who had their own corner; Big Hearted Jerry Bohlander (The Little Man With A Big Heart); Jerry Reid; bartenders Hazel and Betty Dance; Billy Lauther and Ernie Adams.

The first time I ever ate at the Columbia Restaurant I was a guest of Milt Kaufman of Gooding’s Million Dollar Midways. He was a friend of the owner, Caesar. I also owe Milt for my first trip to the fabulous Bern’s Steakhouse, where he proclaimed he was responsible for the dining establishment’s fabulous wine list. I miss seeing Bill Alter, Tim Timco and Bob Anderson of National Ticket; Jerry Peach, an ardent Kentucky Wildcat fan, and Jimmy (One of a Kind) Mortellaro of Anchor Industries.

There will never be another Tommy Bear, Jack Kaplan, Danny Royal, Danny Dell, Buster Anderson, Stash Gray, Kenny Blount, John Campi or A. J. (Sonny) Dickerson. Joe Lane was part of the Knoxville Mafia that included Philip (Pee Wee) Hoskins, Billy O’Connor, Charlie Jeffers, Duck Smith, Pat Heagerty, Donnie Anderson and his dad, Norman. I also knew Donnie Anderson from when we were both involved in the Golden Gloves.

Reverend Ron Turton, the Protestant

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From left, at the park show, are Christine Powell, Bob Johnson, Theresa Noerper and Carla Sedlmayr, Archway Amusements. Carla is president of the Ladies Auxiliary of the Greater Tampa Showmen’s Association.

Richie George, left, outgoing president of the IISA, gets together with, from left, Audrey Poole, Ron and Laura Porter, Fare Foods. Ron Porter is the new president of the Showmen’s League of America.

With Majestic Midways of York, PA, at the park show in Orlando, are Jake Inners, with his two sons Scott, left, and Jacob. Majestic had a good year in 2015.

Making the winter rounds of conventions, from left, with Arnold’s Amusements, are Tom, Ivan and Jillian Arnold, Brittney Lane and Alex Arnold.

With T. J. Schmidt Amusement Co. of Standish, MI, from left, are games concessionaire Jeff Richards, Courtney Exum and Kyle Schmidt.

answer to Monsignor Robert J. McCarthy, the Carny Priest, used to hang around Showtime. Gene (T-Shirt Kelly) Spezia ran Riverdale Shirt Factory and hung around with characters like Earl (Louisville Junior) Scheler, Jolly Jim Conroy, Jack Libbertt and Uncle Ben. Times change, but the hospitality at Gibtown never does. It’s true, the trade show isn’t what it used to be, but if you want to sell something, it’s the place to be. If you want to get together with friends you only see once a year, it’s the perfect place to be. Paul (Duke) Smith used to say about me and the late George (Bud) Gilmore, who owned Smokey’s Greater Shows, that he could always find us in our office. You know where it is, same as always.

Please send news to tomp@oaba.org, or call 615-319-1258.

Have all great days, and God Bless! H

Brian Morrissey, left, president of the Miami Showmen’s Association, books carnivals at malls. With him is Randy Burnett, events coordinator for the Showmen’s Event Center, Gibsonton.

OABA Directors Joe Skerbeck, left, Skerbeck Entertainment Group, Fennville, MI, and Patrick Sheridan, Alamo Amusements, San Antonio, TX, discuss mutual problems.

Touring the trade show floor in Orlando, and visiting with Mike Curci Midway Stainless Fabricators of Hillside, NJ, with Amusements of America, from left, are Marco, Jane, Dominic, Jr. and Phil Vivona, Curci, Rob Vivona, Jo Ann Arnold and John Vivona.

Long-time pals are Joel Golder, left, who owns an amusement park in Old Orchard Beach, ME, and Harold Fera, Rockwell Amusements, Johnston, RI. Visiting Ross Owen, left, of Owen Trailers, Riverside, CA, at his booth in Orlando, are Cliff and Katie Lowe of the James H. Drew Exposition, Augusta, GA. MARCH 2016 | OABA ShowTime Magazine H

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H FEATURES

State Minimum Wage Increases Effective 2016

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tate and local legislatures continue to be busy with minimum wage legislation. As in past years, employers with multi-state operations must remain abreast of these changes. Many state laws provide for annual increases based on the U.S. Consumer Price Index and inflation. Except as noted below, higher state minimum wages are effective January 1, 2016. Because hospitality and similar employers also need to be aware of changes to the permissible tip credit that affect the minimum wage they must pay to customarily tipped employees, such increases also appear below.

In addition, a number of localities around the country have increased their minimum wage rates effective January 1, 2016. A few of these localities are listed below. Of course, these changes to minimum wage rates also affect overtime pay calculations. Finally, we also provide information relating to increases in the minimum weekly salary that must be paid to certain exempt employees to satisfy the Fair Labor Standards Act salary basis test for the exemptions.

State Minimum Wage Rate Increases

Alaska – General minimum wage increases from $8.75 to $9.75 an hour. (Alaska law does not allow employers to take a tip credit against minimum wage for tipped employees.) In addition, to satisfy the salary basis test for exempt status, the minimum weekly salary for bona fide executive, professional, and administrative employees will increase from $700 to $780 per week (i.e., two times state minimum wage for the first 40 hours of employment).

Arkansas – General minimum wage increases from $7.50 to $8.00 an hour. Minimum wage for tipped employees remains $2.63.

California – General minimum wage increases from $9.00 to $10.00 an hour. (California law does not allow employers to take a tip credit against minimum wage for tipped employees.)

In addition, to satisfy the salary basis test for exempt status, the minimum annual salary for bona fide executive, professional, and administrative employees will increase from $37,440 to $41,600 (i.e., two times state minimum wage for the first 40 hours of employment each week).

Colorado – General minimum wage increases from $8.23 to $8.31 an hour. Minimum wage for tipped employees increases from $5.21 to $5.29 an hour.

Connecticut – General minimum wage increases from $9.15 to $9.60 an hour. Minimum wage for tipped bartenders increases from $7.46 to $7.82 an hour and minimum wage for hotel and restaurant tipped employees other than bartenders increases from $5.78 to $6.07 an hour.

Hawaii – General minimum wage increases from $7.75 to $8.50 an hour. Adjusted minimum wage for tipped employees increases from $7.25 to $7.75 an hour, provided that when tips are added to the wages paid by the employer, the total amount

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is no less than $15.50 per hour.

Massachusetts – General minimum wage increases from $9.00 to $10.00 an hour. Minimum wage for tipped employees increases from $3.00 to $3.35 an hour.

Michigan – General minimum wage increases from $8.15 to $8.50 an hour. Minimum wage for tipped employees increases from $3.10 to $3.23 an hour.

Nebraska – General minimum wage increases from $8.00 to $9.00 an hour.

Minimum wage for tipped employees remains $2.13 an hour.

New York – General minimum wage increases from $8.75 to $9.00 an hour, effective December 31, 2015. Subject to caveats outside the hospitality industry, the minimum wage for all tipped employees will increase to $7.50 an hour. In addition, to satisfy the salary basis test for exempt status, the minimum weekly salary for bona fide executive and administrative employees will increase from $656.25 to $675 per week.

Rhode Island – General minimum wage increases from $9.00 to $9.60 an hour. Minimum wage for tipped employees increases from $2.89 to $3.39 an hour.

South Dakota – General minimum wage increases from $8.50 to $8.55 an hour. Minimum wage for tipped employees increases from $4.25 to $4.28 an hour.

Vermont – General minimum wage increases from $9.15 to $9.60 an hour. Minimum wage for tipped employees increases from $4.58 to $4.80 an hour.

West Virginia – General minimum wage increases from $8.00 to $8.75 an hour. Minimum wage for tipped employees increases from $2.40 to $2.62 an hour.

Local Minimum Wage Rate Increases

Oakland, CA – General minimum wage increases from $12.25 to $12.55 an hour.

Portland, ME – General minimum wage increases from $7.50 (the state minimum wage) to $10.10 an hour.

Seattle, WA – General minimum wage increases (for large employers employing at least 501 employees) from $11.00 to $13.00 an hour (or $12.50 for such employers that contribute to health benefits). For small employers (employing 500 or fewer employees) the 2016 rate is $12.00 or $10.50 an hour, depending on whether health benefits are provided. H

Jackson Lewis attorneys are available to discuss these legislative changes and any other wage and hour issues applicable to your organization on a federal, state, or local level. Representing management exclusively in workplace law and related litigation.

Go to www.jacksonlewis.com for their office nearest you.

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FEATURES H

XL Group plc Announces Completion of Allied International Holdings, Inc. Acquisition DUBLIN, IRELAND – FEBRUARY 1, 2016 L Group plc (“XL”) (NYSE: XL) announced today that its indirect wholly-owned subsidiary, XL Reinsurance America Inc., has completed the acquisition of Allied International Holdings, Inc. (“Allied”), the holding company of Allied Specialty Insurance, Inc. and T.H.E. Insurance Company, a leading insurer of the outdoor entertainment industry in the U.S. XL CEO Mike McGavick said: “We’re pleased to officially welcome our Allied colleagues to XL Catlin. Their underwriting expertise in this niche specialty risk business along with their exceptional client service further enhances our ability as a leading provider of specialty insurance and reinsurance to meet the ever evolving needs of clients in the entertainment industry.”

T.H.E. Insurance Company, which had approximately $70 million of gross written premium in 2014, provides general liability, workers comp, inland marine, auto liability, and certain property insurance to clients in the amusement and entertainment industry, including carnivals, amusement parks, fairs and festivals, hot air balloons, fireworks, concessionaires, family entertainment centers and waterparks. The privately-held company was founded in 1983 and has an AM Best A- rating.

X

“We’re proud to be an official part of XL Catlin,” said Mary Chris Smith, Chairman and President of Allied Specialty Insurance, Inc. “Given the success of Allied and XL Catlin’s individual track records in the specialty underwriting area, we are confident that together this is a winning combination for Allied, XL Catlin and our cliwwents.”

Allied is the leading provider of property and casualty insurance coverage for the amusement and entertainment industry through its specialty insurance company, T.H.E. Insurance Company, its specialty insurance agency, Allied Specialty Insurance, Inc. and its independent brokerage channel. Allied’s 3,000 clients include carnivals, concessionaires, amusement parks, waterparks, fairs and festivals, firework events and family entertainment centers.

XL Group plc (NYSE:XL), through its subsidiaries and under the XL Catlin brand, is a global insurance and reinsurance company providing property, casualty and specialty products to industrial, commercial and professional firms, insurance companies and other enterprises throughout the world. Clients look to XL Catlin for answers to their most complex risks and to help move their world forward. To learn more, visit www.xlcatlin.com. H

MARCH 2016 | OABA ShowTime Magazine H

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Photo Gal lery Florida State Fair

MARCH 2016 | OABA ShowTime Magazine H

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IISA Circus

Seen at the IISA Circus: Heidi Herriott, Lee Stevens, Tom Gaylin and Bob Johnson.

MARCH 2016 | OABA ShowTime Magazine H

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ASSOCIATION H SERVICES, BENEFITS & PROGRAMS

Contribution Fund PROGRAM

• Get Your Contribution Fund Tickets Now • This is deductible as a business expense

OABA Contribution Fund Program

Final 2015 OABA

Contribution Fund Ray Cammack Shows . . . . . . . . . . . . . . . . . . 70,920 Reithoffer Shows . . . . . . . . . . . . . . . . . . . . . 31,040 Deggeller Attractions . . . . . . . . . . . . . . . . . . 23,520 Powers Great American Midways . . . . . . . . 18,190 North American Midway Entertainment . . . 10,874 Frazier Shows . . . . . . . . . . . . . . . . . . . . . . . . 8,045 Luehrs’ Ideal Rides . . . . . . . . . . . . . . . . . . . . 5,390 Rainbow Valley Rides . . . . . . . . . . . . . . . . . . 4,130 S&S Amusements . . . . . . . . . . . . . . . . . . . . . . 2,665 Skerbeck Entertainment Group . . . . . . . . . . . 2,420 A Fantasy Amusement Co. . . . . . . . . . . . . . . . 2,000 Doolan Amusement Co. . . . . . . . . . . . . . . . . . 1,600 Poor Jack Amusements . . . . . . . . . . . . . . . . . 1,500 Rosedale Attractions & Shows . . . . . . . . . . . . 1,395 Calkins Midways . . . . . . . . . . . . . . . . . . . . . . 1,250 Crabtree Amusements . . . . . . . . . . . . . . . . . . . 900 Elliott’s Amusements . . . . . . . . . . . . . . . . . . . . 350 Bates Bros. Amusement Co. . . . . . . . . . . . . . . . 320 TOTAL

$186,509

THE OABA’S CONTRIBUTION FUND offers three different plans to meet your show’s contribution to the OABA and in turn rewards the show and concessionaires for these donations.

WHY SHOULD I PARTICIPATE? You will be given the opportunity to receive cash prizes for your contributions to this program and help the OABA protect the carnival industry.

WHAT IS IT? Fund-raising for the OABA has always been based on the generosity of its members and depends on members to pay their fair share, the theory being that the organization belongs to the members who raise relevant issues and in the belief that they will also underwrite activities. Support and participation of enough members will provide the revenue necessary to continue and improve on membership services.

HOW IS IT HANDLED? This OABA program advises member carnivals to collect funds from all office-owned and independent concessions and rides, side shows and arcades. When the show owner collects the money, they need to give or complete a receipt. The show or concessionaires then send the receipts to the OABA office, which will be eligible for monthly and annual incentive prizes.

Please note that it is important to include your phone number on your receipt, as we want to be able to contact you when you win!

WHAT IS THE MONEY USED FOR? The funds collected for this program are earmarked for legal, legislative and lobbying issues. Also, funds are used to continually upgrade member services.

CAN’T I JUST CONTRIBUTE? Sure, but then you lose out on the opportunity to participate in winning cash incentives.

SEND IT ALL IN! Funds are solicited and contributed in the name of the OABA. Once money is collected, please send it monthly to the OABA office in form of a check or money order. You may check ShowTime magazine where the contributions and monthly winners in each plan will be published monthly. H

Bronze Plan

Contribution from Concessions & Rides $5.00 per event Monthly drawings April-October Final drawing in February First Prize $300 First Prize $3,000 Second Prize Second Prize $2,000 $200 $100 $1,000 Third Prize Third Prize

Silver Plan

Contribution from Concessions & Rides $10.00 per week Monthly drawings April-October Final drawing in February First Prize $400 First Prize $4,000 Second Prize Second Prize $2,000 $300 $200 $1,000 Third Prize Third Prize Bronze and Silver Plans: If the carnival contributions exceed $5,000, 2016 OABA dues are waived for carnival.

Gold Plan

Contribution from Concessions & Rides $5.00 per day Monthly drawings April-October Final drawing in February First Prize $500 First Prize $5,000 $400 Second Prize Second Prize $2,000 Third Prize Third Prize $300 $1,000 Gold Plan: If the carnival contributions exceed $10,000, 2016 OABA dues are waived for carnival.

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GOVERNMENT REGULATIONS H ARNOLD SAFETY CONSULTING

DOT Transportation & Regulatory Update

By Eric Arnold, Arnold Safety Consulting

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n the time since I wrote my last column, there have been two major rulemakings issued by FMCSA governing you and your trucks. First, FMCSA has finally released their Electronic Logging Devices (ELD) final rule. Second, they have reduced the number of random drug tests you are required to conduct.

FMCSA, aka DOT, has always wanted to force the regulated industry to use satellite technology to track its drivers’ hours of service. There are many vendors today who sell these types of products. They are commonly known as EOBRs or ‘black boxes’. The satellites track the drivers’ locations and complete the drivers’ logs for them electronically. DOT has pushed for this rule for many years. In 2012, with the assistance of the American Trucking Association, they were able to convince Congress to put it into the MAP-21 highway law, establishing forever that EOBRs would be required on all trucks with limited exceptions.

For the past three years, DOT has been hammering out its final rule, which it released in January. It can be found at www.gpo.gov/fdsys/pkg/FR-2015-12-16/pdf/2015-31336.pdf, or on FMCSA’s website. This rule mandates drivers will no longer be allowed to use paper logs. Instead, the truck must be equipped with “ELD” technology which will automatically fill out the driver’s log. This must be done by December 18, 2017.

In this rulemaking, DOT is apparently replacing the acronym ‘EOBR’ with ‘ELD’, but they are essentially the same thing.

The two limited exceptions to this rule are local drivers and trucks manufactured before model year 2000. Drivers who only need to fill out a log eight days within any 30-day period are not subject to the ELD requirement. For example, a driver who operates locally and stays within 100 air miles of his terminal and returns within 12 hours currently may keep his time on a time sheet or time card. He is not required to use a paper log. This type of driver is not required to use an ELD as long as he does not break the time card exemption more than eight times in a 30-day period.

Also, vehicles manufactured prior to model year 2000 are not required to have ELDs installed in them. Apparently, in these older type vehicles, it is very difficult to install the ELDs through the older engines.

The ELDs you purchase must be wired through the vehicle’s engine. There are numerous products currently available

which operate on a smartphone. The smartphone, via its GPS, tracks its movement and then completes a log based on its movement. DOT has determined these type of apps are too prone to tampering. It is demanding whatever ELD device you buy be wired through the truck’s engine.

Also, this rule applies to all commercial vehicles, which DOT defines as any vehicle with a Gross Vehicle Weight Rating of 10,001 lbs. or more. This means the one-ton pickup trucks you use to pull kiddie rides are subject to this rule. I highly recommend you read the rulemaking before making any purchases. I also recommend you do not wait until December 18, 2017 to buy this technology. I will write future columns covering this topic as we get closer to the deadline.

The other very important rulemaking issued lessens the amount of random drug tests you need to do in 2016. Since the inception of these rules some 25 years ago, motor carriers have been required to test at a 50 percent rate for drugs and a 10 percent rate for alcohol on an annual basis. Finally, DOT has announced it is allowing the regulated industry to test at a 25 percent rate for drugs. This is long overdue and will slightly reduce the regulatory burden.

This means, if you are conducting your own testing, at the conclusion of 2016, you must have 25 percent of your drivers tested for drugs and 10 percent tested for alcohol. For example, if you have eight drivers, you need two random drug tests and one random alcohol test, whereas previously you would have needed four random drug tests. Partial tests are always rounded up to the next highest number. It is still critical you conduct these random drug and alcohol tests. DOT penalties for coming up short on random testing are ridiculous. They often exceed $10,000. Nevertheless, at least now you will have to do a few less tests this year. H

Eric Arnold, President of Arnold Safety Consulting, Inc, is a former U.S. Department of Transportation agent, with 25 years’ regulatory and transportation compliance experience.

His column appears periodically for the OABA’s ShowTime magazine. As part of your OABA dues, Mr. Arnold is available for free consultations regarding the DOT rules and regulations. Please contact the OABA office at 407-681-9444 for his contact information.

MARCH 2016 | OABA ShowTime Magazine H

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ASSOCIATION H CIRCUS MEMBERS

From The Center Ring Connecting & Protecting the Circus Industry!

Rodney Huey, RAH PR Strategies OABA Circus Media Consultant

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pring is finally upon us after a winter of fickle weather Clownsss (sic) with Ringmaster Tony Tone, opens in Oakland that ran the gamut from blizzards and heat waves to March 5 and moves to Los Angeles on the 23rd. The Big Apple floods and February tornados! Let’s keep our fingers Circus plays Bridgewater (NJ) through March 13, and then crossed that Mother Nature will be kind to America’s traveling moves to Boston March 24. tented circus as they are embarking on a new season.

But by far Ringling Bros. and Barnum & Bailey continues Carson & Barnes Circus kicked off 2016 February 8 in to dominate circus news, particularly with the surprise anLaredo, TX with a show that features Miss Gabriela on the nouncement that it will retire all elephants to the Center for single trapeze, Jairo Ojeda’s Appaloosa stallions, Armando Elephant Conservation in Florida on May 1 — two years earBautista on the Wheel of Destiny, performing pachyderms lier than its previously announced retirement date. Until then Lisa, Becky and Traci and Pinky the clown. Kelly Miller you can still see Ringling’s famed pachyderms on Legends Circus recently hit the road with aerialist Kimberly Souren in Brooklyn (NY) and Norfolk (VA) and on Circus Xtreme in and her juggling husband Nicolas, the canines of Mike and Richmond (VA) and Baltimore (MD) this month.

Carolyn Rice, Fridman Torales’ balancing chair act and It also appears that Feld Entertainment, Inc. is moving Fajolino the clown. aggressively to shore up a strong future with a series of key The California-based Circus Vargas debuted iLuminous! promotions. First and foremost, Juliette Feld has been named February 11 in Del Mar (CA) featuring the Flying Tabares, Erik Chief Operations Officer. Her new position requires a move Jayson Dominguez on the Wheel and Globe of Death, the Poema to the Ellenton (FL) area where she will continue her direct Family’s risley routine, illusionist Patrick Gable Marinelli involvement with Marvel Universe LIVE! and Monster Jam creating a new kind of magic while working with President with his strap act, clown Alex Mike Shannon and the Feld’s Acero and perennial host Jon executive team on long-term Weiss. The show opens in San strategic planning.

Diego March 2 and National Feld’s Northeast Regional City March before closing out Vice President Steve Yaros the month in Vista. also heads to Florida to step Universoul East feainto a newly-created position of tures the Chain Reaction Senior Vice President, Global bicycle act from China, Public Relations to “build on Caribbean Callaloo’s fiery his marketing capabilities to limbo act, Soul Circus Divas further our media relations on elephant review, the Willy local, national and international Family high wire artists, My levels.” Lisa Taylor has been Brother’s Keepers acrobats named Vice President, Global and Lucky the Ringmaster Public Relations and Stephan with his diminutive Sidekick Payne remains in his position Zeke. The East edition opens as Vice President, Corporate in Raleigh March 2 and in Communications and will conRichmond March 16 (followtinue to manage “strategies for ing on the heels of Ringling’s corporate messaging” as well as red unit). Meanwhile, the Ringling Children’s Fund.

Universoul West, featuring After a highly successful the QiQihar Flying Trapeze run of Red, White and Bello, flyers and Porcelain Dolls Circus Sarasota partners hand balancers from China, with Sarasota’s Key Choral the tumblers of the African and Cirque Orchestra to Casselly’s fantastic elephant act won the Gold in 2012 at the European Circus Competition, four African elephants and unique teeterboard gymnastics in Dream Team, the Trinity present Cirque des Voix for front of the Palace in Monaco. contortionists and Fresh the two performances only on

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Bello Nock and his daughter, Annalisse, performed outdoors at the Palace in Monaco.

March 19–20. In Orlando, The World Clown Association holds its annual convention March 7–11. Ringling Bros. producer Nicole Feld will be guest speaker at Ringling Circus Museum’s Recollections Collections series on March 15 in the Historic Asolo Theater. Sailor (Youth) Circus debuts its Spring Show on March 31 while across town The Peking Acrobats perform on stage at the Van Wezel Performing Arts Center that same evening.

In a time when interest in American circus history has never been stronger, the closing of the Charles Jackson Circus Museum in Hopkinsville, KY is somewhat of an anomaly. Attendance has declined significantly over the past few years, so the building was purchased by two unnamed investors and C&S Investments of Springfield (KY). The “wide-ranging circus memorabilia” will become a rotating exhibit at Hopkinsville’s Pennyroyal Area Museum.

However, in Chicago, the Aloft Loft circus studio is continuing its effort to purchase a 107-year-old church as its primary rehearsal and performance space. Presently Aloft Loft is

Pictured from left, OABA Trustee Wayne McCary, Annalisse, and her father Bello Nock.

headquartered in the Kinzie Industrial District on Chicago’s west side in an 8000-sq. ft. space, making it the third largest training facility in the US. In New Orleans, developers Stanley Morris and Charles Trapolin are busy turning a 162-year-old Scottish Rite Temple into a “circus-style entertainment venue” that will feature singers, musicians and comedy artists as well as circus acts.

In international circus news, this year’s Festival International du Cirque de Monte-Carlo marked the 40th Anniversary of its founding by Prince Rainier III of Monaco. The festival brought together Golden Clown winners from the past decade for a

showcase production dubbed “the best circus I’ve ever seen” by Germany’s Krone Circus Casting Director Frank Keller. The only Golden Clown presented this year was given to H.S.H. Princess Stephanie of Monaco by her brother H.S.H. Prince Albert II of Monaco in an emotional tribute to their father. Among Americans spotted at this year’s fête were BAC’s

Puppy Roll Faribault, MN

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ASSOCIATION H CIRCUS MEMBERS

From The Center Ring continued Artistic Director Guillaume Dufresnoy and co-founder Paul Binder, Circus Vargas producers and co-owners Nelson and Katya Quiroga, Feld’s talent guru Vinicio Murillo and circus historian/critic Ernest Albrecht. Check out Ernie’s review of the historic Gala Performance at www.spectaclemagazine.com.

Also in Monaco, OABA Trustee and circus producer Wayne McCary, a vice president of the World Circus Federation, once again chaired the Federation’s board meeting. USDA consultant and foreign labor lobbyist Joan Galvin attended the festivities in Monaco, as did OABA Director Ron Morris, Spotlight Graphics in Sarasota, and 2015 World Circus Summit organizer, Bruce Hawley.

Finally, Pope Francis hosted a circus performance for homeless families, paroled prisoners, refugees and impoverished children in Rome. He later met circus performers “who staged an acrobatic display at his general audience in St. Peter’s Square” calling them “champions of beauty” who are “good for the soul.” You don’t have to be a Catholic to appreciate his words of wisdom. H

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2016 Circus Fund

Circus Producers Association . . . . . . . . . . . . . . . . . . . . . . . . 3,000 Kathleen Nelson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000 Zoppe Family Circus – in honor of Alberto Zoppe . . . . . . . . . . . . 1,000 Patricia Zerbini, Two Tails Ranch . . . . . . . . . . . . . . . . . . . . . . 300 Felix Adler-Paul Binder Tent No. 12, CFA . . . . . . . . . . . . . . . . . 100 TOTAL

$5,400

To contribute to the Circus Fund, make your check payable and send to: OABA Circus Fund, 1035 S. Semoran Blvd., Ste. 1045A, Winter Park, FL 32792 It is important that we maintain this fund so we are able to hire professionals to assist with challenges such as legislation that threaten our members’ businesses. Please consider and make your contributions to this very important resource pool. Feel free to be creative such as matching dollars, innovative fundraisers, endowments and memorials, to name a few. Another option is to designate a percentage or daily amount of your ride operation to be set aside for this important fund.

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Capitol Update

By Joan Galvin, OABA Government Relations Consultant

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t’s a busy time of year for us all! State legislatures are in full swing and the level of activity in Congress is building as the new session kicks off.

We’ve been staying engaged on animal issues coast to coast – and beyond. Hawaii continues to deliberate new rules that would restrict the import and display of certain exotic species in the state, but only for fairs and circuses. As a result, the rule has run afoul of the state’s due process requirements and has started to raise eyebrows among some of those who must approve the proposals. Chairman Michael Wood, along with E.K. Fernandez Shows, has stayed active and engaged on the front lines, once again testifying in front of the Hawaii Board of Agriculture in opposition to these biased and unnecOABA Lobbyist Joan Galvin seen here with Kris Brajevich and her sister Jill Moyer, Butler Amusements. essary restrictions.

In other animal news, surveys under the H-2B program. Texas the decades and included a very emothe Circus Ring of Fame at St. Armand’s Commissioner Sid Miller (who owned and tional opening tribute to Prince Ranier, Circle in Sarasota inducted its first-ever operated a landscape company) has lent and was attended by both Prince Albert animal performer – the legendary Jumbo his support for the effort after a series and Princess Stephanie and her fam– in January. Jumbo’s brass plaque was of very productive meetings by phone ily (Princess Stephanie produces the unveiled by none other than Luke – the and in Washington, DC with Veronica show). At the same time, the Federation magnificent male Asian elephant who Birkenstock, a Texas constituent and Mondiale du Cirque held its annual works alongside the amazing and talentfront line expert on the challenges facboard meeting with OABA Trustee Wayne ed Patricia Zerbini. It was a ceremony not McCary presiding and long-time suping this critical program. We also took to be forgotten by the dedicated circus advantage of Veronica’s visit to DC to hit porter Ron Morris in attendance. Events fans in attendance and casual tourists included an open air show featuring Bello Capitol Hill and knock on a few doors to who could not believe their eyes! encourage greater oversight by Congress Nock and his daughter doing spectacular January was also the 40th anniverof the program. aerial acts in front of the royal palace. sary of the Monte Carlo Circus Festival, In February, all the exciting fair, circus On the H-2B front, working with the which honored its founder, the late and mobile amusement events convened Republican Agriculture Commissioners Prince Ranier of Monaco. It was a showin Florida. Here’s to a productive Board Coalition, Bob Johnson broached the case of gold clown winners from across meeting! H idea of working together on wage MARCH 2016 | OABA ShowTime Magazine H

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ShowTime

Outdoor Amusement Business Assn.

1035 S. Semoran Blvd., Suite 1045A Winter Park, FL 32792

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PRESORTED STANDARD U.S. POSTAGE PAID PERMIT #1 MANASOTA FL

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