Preemption and Home Rule: Why Businesses Need Both

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Lately, the fight between Floridians promoting home rule and those advocating for statewide preemption has been as hot as the late-summer afternoons. Preemption is not a dirty word, and home rule should not be considered profane either. These concepts appear to be mutually exclusive and opposite, but there is space for both. Without diving headlong in Ecclesiastes or The Byrds’ most hummable tune, I posit to you that there is a time for both of these approaches. Businesses will flourish when there is a good balance between preemption and home rule.

The Case for Preemption

You will often find statewide business advocates appealing to our state legislators to enact a statewide preemption on a particular topic. Is it because we hate local government? No. It’s because we are an increasingly interconnected economy. Local businesses serve as the economic backbone of our communities. When it comes to doing business, the factors and variables impacting local businesses do not heed to the jurisdictional boundaries of 400+ cities and 67 counties. If the impact is felt across jurisdictional boundaries, then the policies we adopt need to cross those boundaries as well.

When the topic of preemption comes up, you will often hear concerns about the “patchwork of regulation.” This refers to several different localities adopting regulations to address the same issue but not in the same way. It’s not just a talking point. When companies operate across jurisdictional lines and those many jurisdictions regulate things like sustainability or human resources differently, I assure you the struggle is real. Consistent and predictable regulation makes a big difference as local businesses try to operate efficiently, effectively and responsibly.  And yes, profitably.

Breaking the law and flouting regulations is no business owner’s roadmap to meaningful and sustained success. Our members want to comply and be good corporate citizens. The patchwork can get in the way and excessive regulatory burdens can hinder a business from flourishing, growing, hiring more people, and living its best life. And “best life” doesn’t just mean profit for the owner: It means greater economic prosperity for a community and its citizens. In some circumstances, preemption lays the groundwork for consistent regulation and prosperity for all.

Why Home Rule Matters

But there is absolutely a time for home rule. Nothing so clearly demands and requires local direction as the issue of zoning. Local government should not tell us how to do business, but it certainly has the authority and responsibility to tell us where to do business. Whether designating commercial zones versus residential zones or deciding where manufacturing or agricultural activity should take place, these decisions shape communities. While a local government should not abuse its zoning authority as a front for regulatory overreach, the decisions about where particular activities take place within a community create the structure for communities. Citizens rely on these designations as they make important decisions about their homes and livelihood.

So here’s to preemption and home rule. May we work together to find ways to responsibly and effectively apply both of these necessary concepts.

 

Samantha Padgett is General Counsel of FRLA.

Reputation Equals Revenue

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A few keystrokes on social media can have a powerful effect on your business.

Did you know:

  • Over 80 percent of potential guests read local business reviews before deciding where to eat. Nearly 70 percent trust online reviews as much as they trust personal recommendations.
  • A positive review makes 68 percent of consumers more likely to visit a business. Meanwhile, 87 percent of people won’t consider a restaurant with low ratings.
  • A 1-star increase in online reputation yields up to a 9 percent increase in revenue.

This makes regular monitoring of your online reputation mandatory. These five tricks will ensure your social presence isn’t driving your customers to competitors.

1. Run a search
It’s been said that your brand isn’t what you say it is, it’s what Google says it is. Online search results are today’s digital storefront, and you need to make sure you’re creating a good first impression. Run a Google search on your name and your restaurant’s name. What types of comments, news, and images pop up? If you don’t want customers to see things that should have stayed in Vegas, don’t post them on your social media pages.

2. Help customers find you
Make sure your name, phone number, menus, URLs, and operating hours are consistent across all of your online touchpoints (website, social media, local listing sites, etc.). This ensures that when someone searches for your business online, they can find you—as well as accurate information about what you offer.

3. Respond to reviews
A 1-star difference on Yelp between you and a competitor represents about $90,000 in lost sales each year for restaurants earning $1 million annually. So it’s important to nurture good reviews.

Over 50 percent of customers leaving reviews expect a business response within a week. Thus, whenever someone sings your praises, go out of your way to thank them. Positive reviews are a more important purchase consideration for consumers than discounting or business location.

If a customer leaves a negative review, don’t ignore it. When you respond respectfully to a negative review, people are more likely to visit your business. Meanwhile, online complaints that go unanswered make consumers distrust your business. Instead take a non-defensive attitude and apologize publicly to the customer. Offer to find a solution, and invite the individual to contact you to resolve the problem together. When a business tries to make things right, 89 percent of consumers are willing to change a review.

4. Make your website current, mobile friendly
More than half of consumers view websites with their smartphones. Is your website mobile-optimized? No one wants to squint to read a menu or scroll 10 times to find your phone number. Also, when was the last time you updated your site? Does it showcase your current specials and menus? When consumers see old, stale content, they are less inclined to visit.

5. Auto post and monitor content
If you aren’t already using a social media management platform, you may want to start. It’s a time saver by consolidating all of your social media site content in one place for you to review. It can show you which posts are popular, shared, liked, and commented on. It also empowers you to post to multiple social channels at once.

Everyday consumers are window shopping your digital storefront. How you manage your social reputation either invites them in the door or sends them someplace else. Use these simple steps to build a positive online presence.

About Heartland

Heartland provides entrepreneurs with software-driven technology to manage and grow their business. The company serves more than 400,000 merchants nationwide, delivering trusted solutions for payment, payroll and human resources, point of sale, customer engagement and lending. Heartland is a leading industry advocate of transparency, merchant rights and security. Heartland is a Global Payments Company (NYSE: GPN). Learn more at heartland.us.

Introducing the August Member of the Month

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Our August Member of the Month entered the hospitality industry at a young age and has worked his way from the ground up. He has traveled near and far gaining experience in the industry and has made it a point to capture the beauty in each place with his passion for photography.

Introducing Ron Wichowski. Today, Ron is the General Manager of the Boca Raton Marriott at Boca Center. In addition to being an involved FRLA Palm Beach chapter member, he also serves on the board of directors of Discover the Palm Beaches. When asked about his passion for the industry, a colleague said “Ron makes it his personal mission to develop those around him each and every day.” To Ron, a successful day is seeing his team succeed.

We are proud to have Ron as our August Member of the Month. Be sure to check out his highlight!

Let the Beer Shine – Understand Beer Consumers to Increase Sales

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While beer consumption across the globe seems to be stagnant or even slightly declining, there are certain markets within the beer industry that appear to be thriving. There is the old saying of consumers are “drinking less but drinking better.” Premium and craft beers seem to be responsible for this attitude.

Craft Breweries are small, independent operations. They produce roughly 6 million barrels of beer a year (or less) and are responsible for roughly 3 percent of annual U.S. sales. That last sentence should tell you they are the polar opposite of the major breweries in America.  The big brewers have been around for what seems like the entire history of this country and have survived prohibition.  To think that our craft breweries can topple these behemoths is unrealistic, but they can and do, carve out a very nice profitable piece of the market.

With over 7,000 breweries contributing to U.S. sales in 2018, the next question is “what do these craft beer drinkers look like?”

Craft beer drinkers are predominantly male, between the ages of 21-34 and typically earn between $75,000 and $99,000 annually. They drink craft beers weekly. This is a good start, but a survey conducted showed the above group is less than half of all craft beer drinkers. The remaining percentage consume craft beers several times a year, just not as regularly. The good news is under half of the individuals surveyed said that they are drinking more craft beer, while a third of the craft beer drinkers said they are drinking more in general.

How can you capitalize on this growing market? The following tips might be a good start!

  1. Invite New Beer Drinkers with Promos & Events

Many beer drinkers are intrigued by the idea of craft beers, but might feel a bit intimidated to explore and order something that they have never had before. Create events that allow beer drinkers to explore new flavors. Beer and bites perhaps? The launch of a new craft beer?

  1. Add Beer Cocktails to your Menu

Cocktails are fun and very friendly to the palate. Cocktails also allow you to play with different flavors that might be more approachable for some people.

  1. Market to Beer Lovers

Some of your customers already love craft beers, knowing and understanding what they are about. Make sure you are also creating opportunities for these beer lovers to visit your restaurant or bar more often. Happy Hour could be replaced with “Craft Beer Hour” certain days of the week, or you might just add a special menu for craft beer lovers during Happy Hour.

  1. Make it Easy!

It might be time to take another look at your menu and make sure you have enough craft beers to please all palates, but not so long and complex that it becomes a task to read the menu.

  1. Take it to a New Level

Place craft beers under a different light by creating beer and food pairings or by pairing local food with local craft beer. This approach will not only open the door to non-traditional beer drinkers but will also enhance the experience altogether.

Understanding as much as we can about a new market developing within the beer industry and the types of consumers who are interested in purchasing these products, we can make informed decision and begin to see the benefits of adding more choices for our guests.  Just in time for end-of-summer fun!

See more articles like this in the FR&L Magazine – Beverage Edition.

Human Trafficking Awareness: A Year Long Fight

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The Florida Restaurant & Lodging Association (FRLA) is proud to be a part of fighting human trafficking. Although popular belief is that human trafficking occurs in seedy hotels in crime-ridden neighborhoods of border towns, the reality is that human trafficking can and does occur in many kinds of businesses at every price point. Efforts to spread awareness and much of the media coverage about this horrific crime tend to focus on sex trafficking, which is undeniably important. However, an equally problematic aspect of trafficking is labor trafficking. Essentially modern-day slavery, labor trafficking typically involves crews of workers like those frequently found in maintenance, agriculture, landscaping, construction and cleaning. A better understanding of the ways humans are trafficked and the ability to recognize the signs will help businesses and individuals alike work to fight this atrocity and make a difference, and FRLA hopes to raise awareness for this crime.

How Can We Help?

Florida is the third-highest state for human trafficking in the nation, and it is imperative that we all work together to ensure that our state is a safe and welcoming place for all who visit. That’s why FRLA worked with subject matter experts to develop an online training course designed specifically for hotels and restaurants to educate hospitality workers about the signs of human trafficking and help them know the steps to take should they suspect trafficking is occurring. Because we are so committed to helping spread awareness, we are offering the course completely free to anyone. The response to our course has been overwhelmingly positive, and I am proud of members who have taken the lead in the area by taking this course. Additionally, I commend those who are taking and implementing other human trafficking awareness training. Their dedication to understanding human trafficking will undoubtedly make a difference in the community and help keep residents and visitors alike safe.

While January is a month dedicated to raising awareness about human trafficking, we must continue to discuss this issue year-round. Awareness and education are critical components of fighting human trafficking, and FRLA is committed to continuing the conversation in a variety of ways. We work with organizations across the state to hold and participate in panel discussions and to advocate for training. I am proud of Florida’s hospitality industry for recognizing the threat that human trafficking poses and for taking a stand to say the Sunshine State is no place for traffickers.

Join FRLA and the rest of Florida’s hospitality industry as we work to raise awareness and fight human trafficking in our state.

To learn more about this free human trafficking training, visit https://frla.org/human-trafficking/

This opinion was written by Carol Dover, President and CEO of the Florida Restaurant and Lodging Association.

 

Get to know our July Members of the Month

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Congratulations to our July Members of the Month, Chris and Michelle Ponte!

Chris and Michelle are the proud owners of two fabulous restaurants in Tampa, Florida, and are preparing to open their third concept in the near future. In fact, this third concept, OLIVIA, is a true family affair. This couple has an unwavering love for the hospitality industry, and we had the opportunity to highlight this wonderful couple at their restaurant, Cafe Ponte, in St. Pete.

Chris has been working in the industry since he was a kid. Through his growing passion, he was provided with the opportunity to study at the Cordon Bleu in Paris, and propel his career even further. Hear more about this story in their highlight below.

Want to see our previous Members of the Month? Click here.

The Importance of AgeID®

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Picture this: A young woman takes a seat at your bar and orders a Cosmopolitan. The bartender looks at her ID. The picture looks like her, but the ID is from out of state. The bartender is reluctant but does not want to risk losing a sale, so he serves her the Cosmo. A few minutes later, law enforcement officers enter the bar and ask to see IDs. The young woman presents her real ID to the officer, and it shows she is 18. Your establishment now faces the consequences.

How can you prevent this scene from happening and risking suspension of your valuable alcohol license? There’s one helpful solution: AgeID®.

AgeID® is a patented ID verification technology that authenticates more than 250 unique Department of Motor Vehicles ID barcode formats. This tool notifies the seller if the barcode is not authentic, meaning the customer is using a fake form of identification. It also alerts the seller if the same ID is scanned multiple times within a time period, thus eliminating the “sharing” of IDs among underage customers. Of course, the individual checking IDs must do their due diligence to ensure the photo matches the customer.

This piece of technology works for more than just alcohol and tobacco sales. With Florida being one of the most notorious states for human trafficking, it is important that hotels work to keep guests safe from this heinous crime. AgeID® can help lodging establishments spot visitors checking in under a fake name and with a fake ID.

If your restaurant or lodging establishment is interested in learning more about this technology, visit http://rcstraining.com/age-id/.

Did you know RCS Training is celebrating it’s 35th anniversary? Join us in October to celebrate this momentous occasion! 

Meet our June Member of the Month

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We are honored to have Heidi Dennis as our June Member of the Month.

From the beginning of her career, Heidi knew the hospitality industry was meant for her and aspired to become a general manager of a hotel. When people doubted her, she kept pushing with strength and determination, eventually becoming the general manager of the beautiful Pelican Grand Beach Resort in Fort Lauderdale.

With such a passion for our industry, it was a no-brainer to select this hospitality hero as our June Member of the Month. In addition, Heidi is a champion for FRLA and currently holds the position of Chair of Events for our Broward Chapter. Heidi is described by Regional Director Lynne Hernandez as being an “incredibly humble and generous person who cares so much for others.”

We can’t wait to see Heidi continue to grow and further her team at the Pelican Grand Beach Resort.

Watch Heidi’s highlight below to get to know more about her.

Want to see our previous Members of the Month? Click here.

Is Plant Forward the Way Forward?

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With the amount of money and attention being invested in plant-based foods, it’s easy to get caught up in the wave of excitement.  From oat milk to cauliflower crust, plant-based foods have blossomed into a $3.3 billion industry at retail.  Meanwhile, foodservice operators are re-examining menus, foraging for solutions, and launching new concepts to capitalize on rising consumer interest in plant-based alternatives.   Take, for example, Burger King who announced this year it would run a 59-store test of the Impossible Burger, a soy protein-based burger being embraced by independent chefs and chains alike.  By offering a meatless option, Burger King provides current customers more choice, perhaps inspiring them to come in more often, while attracting new consumers who would not otherwise consider the chain.

In determining whether plants have a bigger role to play on menus, it’s important for chefs and operators to consider more than just the bump or buzz that may come from featuring products like the Impossible Burger or other meat “analogs.”  An intimate understanding of the consumer — their specific needs, interests and expectations of the restaurant and/or brand — should drive the vision or food philosophy for the overall concept as well as the menu strategy.  And if done right, cultivating a plant-forward menu will not require buzzwords like “plant-based, “vegetarian” or “vegan,” but rather resonate with guests on a more lasting and meaningful level that comes across as authentic and not forced.

As one of the primary drivers of consumer interest in plant-based foods, “better health”  can manifest itself in as many ways across the menu and across dayparts as there are guests, including allergen free, high protein, low carb and everything in between.  At minimum, incorporating plant-forward menu items can help create a positive health halo.  And, if guests are actively making food choices based on diet or health, cultivating a plant-forward menu that incorporates an array of vegetables, fruits, grains, legumes and even dairy alternatives enables the flexibility and customization necessary to serve this health-conscious crowd.

Separate from better health, some consumers, particularly those from younger generations, seek out and extend loyalty to plant-forward restaurants whose values align with theirs around issues like sustainability and animal welfare.  In some instances, animal protein still has a home on the menu, but serves more as an ingredient and comes from more sustainable, animal-friendly sources.  In any case, a plant-forward menu can facilitate transparency and create an opportunity for greater engagement with guests by sharing the restaurant’s food philosophy, including the sources and stories behind its products and menu.

In the end, the most critical ingredient to a successful plant-forward menu that appeals to all guests is TASTE.   Whether plants are the primary focus or have a supporting role on the menu, they enable chefs to express their creativity and innovate with new flavor combinations that appeal to consumer’s desire for culinary adventure. While it may take some convincing to bring some guests along, leveraging the abundance of unique and flavorful plants available today can create an exciting and compelling point of differentiation to keep current and new guests coming back for more.

Blog written by Kathy Takemura, Partner, Tournant Inc

DBPR’s Food Safety Tips for the 2019 Hurricane Season

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The 2019 hurricane season has officially begun, and DBPR’s Division of Hotels and Restaurants would like to provide the industry with the following food safety tips and reminders on how to operate safely during an emergency:

• Hot food should maintain a temperature of 135°F or above while cold foods should be kept at temperatures of 41°F or below.

• Minimize the handling of foods before, during and after preparation. Wash hands with potable or boiled water.

• Single-service articles should be used whenever possible. Discard single-service items such as paper or plastic plates, cups, plastic utensils, lids, straws, etc. if the items have been exposed to contamination.

• Food should be covered and protected from dust, dirt, insects, vermin and other contaminants.

• Add bags of ice or dry ice to refrigerators and freezers prior to the emergency if a notice is given and loss of power for an extended time is expected.

• Do not operate if the establishment has no safe water supply or electrical power (or generators) to run essential equipment.

• Do not operate if the establishment has no roof or is not structurally sound.

• While power is off, keep the doors to freezers and coolers closed in order to maintain temperature as long as possible.

• When power is restored, identify all potentially hazardous foods (PHF) that may have been above 41°F or below 135°F for more than four hours. PHF foods that have been out of temperature for more than 4 hours must be properly discarded.

• Thawed foods that still contain ice crystals and are 41°F or less can safely re-freeze.

• Discard any food that has been contaminated or come in contact with floodwater, sewage, smoke, fumes, chemicals, or other liquid contaminants.

• Discard vulnerable containers of food such as those containing peel-off covers, scored pop tops, waxed cardboard, cork or screw tops or paraffin seals such as glass or plastic containers of catsup, dressing, milk, mayonnaise, soda, beer, sauces, etc. if the containers have been exposed to contamination.

• Discard foods packaged in soft, porous containers like cardboard boxes, paper, foil, plastic and cellophane such as boxes or bags of food, cereal, flour, sugar, rice, salt, etc. if the packages have been exposed to contamination.

• Discard shell eggs exposed to any contamination – the shell is porous

• Do not use swollen, leaking or damaged canned goods.

• Smoke damage to food is difficult to assess. Insoluble tars and plastics and their byproducts suspended in smoke is a major concern. Discard all foods exposed to smoke.

• Undamaged, commercially prepared foods in all-metal cans can be saved if you remove labels that can come off, thoroughly wash the cans, rinse them, and then disinfect them with a sanitizing solution consisting of 1 tablespoon of bleach per gallon of potable water. Finally, re-label the containers with a marker.

• If the establishment was exposed to contamination, clean and sanitize all equipment and food-contact surfaces with potable or boiled water. Do not operate until the entire establishment has been thoroughly cleaned and sanitized or disinfected. Š

• All water filters on equipment should be removed and replaced if not designed to be cleaned in place.

Division Director Rick Akin would like to remind all operators, Food Safety is in Your Hands!

For more hurricane tips, visit our Hurricane Resources page.