Empire State Restaurant & Tavern Association



______________________________________Empire State Restaurant & Tavern AssociationReport From The Executive Director…Scott WexlerDecember 2020Governor Closes NYC Indoor Dining - The Governor closed indoor dining in New York City starting this past Monday, December 14. Takeout and delivery is still allowed. The State continues to study the data outside of New York City and will make a determination about further restrictions on restaurants as early as this week. The Governor has warned that indoor dining could be reduced from 50 percent to 25 percent for restaurants outside of New York City if the hospitalization rate continues to climb. And he has made clear a complete shutdown is possible if hospitals are project to be at risk on being overrun.The Governor has publicly called for Congress to include relief for restaurant owners in their Covid relief bill. He forcefully and directly advocated for including the provisions of the RESTAURANTS Act – the bi-partisan federal proposal to provide grants to independent restaurant owners to compensate for lost income due to the pandemic. We welcome his support, but that’s not enough.The current state of the public health crisis may necessitate continuing, and perhaps increasing, restrictions upon restaurants and taverns, but such actions will exacerbate the economic crisis the pandemic has caused for the industry. Government at all levels must do everything possible to help get restaurants through to the other side of the pandemic. The Association has proposed a Restaurant Survival Kit - a menu of direct economic relief, business flexibility, and regulatory relief measures without which many businesses may not survive until spring. The key provisions include:Direct Economic Relief: federal RESTAURANTS Act, state grants for restaurants, no/low interest loans for restaurants, waive penalties & interest on sales tax payments, waive penalties & interest on property tax paymentsBusiness Flexibility: expand outdoor dining, remove state curfew on operations, suspend food requirement for on & off premises consumption, modify outdoor dining rules to permit single-group-occupied enclosed dining spaces located outdoorsRegulatory Relief: eliminate/reduce penalties for non-egregious EO violators after six months without violation, don’t treat non-egregious EO violations as “adverse history,” don’t charge non-egregious EO violators with “failure to supervise,” suspend requirement under SLA Rule 64 authorizing wholesalers to charge fees for small orders, suspend ABC Law provisions limiting credit wholesalers may extend to on premises licensees.Minimum Wage Hike Takes Effect This Month - The minimum wage is set to rise in all parts of New York State outside of New York City at the end of the month. The minimum hourly wage will rise to $12.50 from $11.80 on December 31st everywhere outside of New York City, Long Island and Westchester County. Long Island and Westchester County will see their minimum wage rise to $14.00 from $13.00 an hour on December 31st. New York City will see no change in its minimum wage, which already stands at $15.00 an hour. Long Island and Westchester are scheduled to go to $15.00 an hour at the end of 2021. Starting next year, annual increases in Upstate New York will be determined by the Commissioner of Labor on or before October 1st, based on economic indices, including the Consumer Price Index. The State’s tiered schedule for minimum wage increases was established by the Legislature in 2016, with the goal of eventually raising the wage to $15.00 an hour everywhere in the state.The cash wage for tipped food service workers is also increasing for businesses outside of New York City. The cash wage for tipped workers will rise to $8.35 from $7.85 an hour on December 31st everywhere outside of New York City, Long Island and Westchester County. Long Island and Westchester County will see their cash wage rise to $9.35 from $8.65 an hour on December 31st. The cash wage for tipped food service workers in New York City will remain at $10 an hour.Instant Lottery Ticket Accounting Changes Postponed - The NYS Lottery’s plan to implement changes in their accounting for instant tickets has been delayed. The Confirmed/Settled60 Inventory Management Plan announced earlier this fall was originally slated to begin on January 1, 2021 but will now launch on July 1, 2021. Starting on July 1st next year instant ticket books that are in CONFIRMED status for more than 60 days will automatically settle and be charged on the week’s invoice. The Lottery will also start a new instant ticket settlement policy on July 1st. Sales agents on 45-day settlement will change to 28-day settlement.Rules Outline for Credit/Debit Card Surcharges - Many businesses are confused when it comes to credit and debit card surcharges. According to the NYS Division of Consumer Protection, credit card surcharges are prohibited in New York State. Businesses are not allowed to advertise a price and add a surcharge at the point of sale when a consumer elects to pay with a credit card. Instead, businesses are required to inform consumers of the higher credit card price for a product or service by posting the higher price. Businesses are also able to offer a discount to consumers who pay in cash.The rules are different for debit cards. A surcharge or higher fee for the use of a debit card is permitted but must be accompanied by clear disclosure at the advertised street signage or prominent placement in the retail location. The enclosed chart illustrates several common transactions and helps explain these rules.ExamplesCredit Card RequirementsDebit Card RequirementsPercentage Fee:?Tabitha goes into Tavern T for a meal.?She sees on the menu a sign that says, “if you use a credit or debit card, you will incur a 5% fee.”ViolationCompliantAdditional Charge:?Tim heads to a new food truck parked on the corner near his office and orders a delicious lunch.?When he goes to use his debit card, the operator tells him there will be an additional $2 added because he is using his debit card.ViolationViolationListed Itemized Price Scheme:?Jane goes into Shoe Store S, “The first price listed is if you use a credit card or debit card for your purchase.?The second price is for cash.”CompliantCompliantFlat Fee Notice:?Kevin goes into his corner store for some groceries.?A sign at the register says, “$5 fee for credit or debit card sales.”ViolationCompliantCash Discount:?Sophia goes into her florist.? A sign at the register says, “$3 discount for all cash purchases.”CompliantCompliantPost Purchase Fee:?Frank goes into Restaurant R for an enjoyable meal. When he gets the check, he notices a “services fee” that was added when he said he was paying with his credit card or debit card.?ViolationViolationPay at the Pump:?Violet stops to fill her tank up with gas.?The per gallon price is listed – and is the same as the price on the sign she saw when she drove in.?There is also a discounted price per gallon listed if Violet chooses to pay with cash inside the pliantCompliantPercentage Fee Notice:?At the end of?Alex’s medical appointment, she sees a sign that says, “3% fee for all credit and debit card transactions.”ViolationCompliantDiscounted Product:?John stops at the gas station to fill up.? A sign at the pump says, “free cup of coffee with all cash sales.”CompliantCompliantPercentage Discount:?A supermarket banner at the door reads “3% discount for all purchases using cash.”CompliantComplaint ................
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