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O f f i c i a l P u b l i c at i o n o f t h e F lo r i da R e s ta u r a n T & Lo d g i n g A s s o c i at i o n

Waldorf Astoria Orlando’s stately lobby.


JUNE/JULY 2011                                WWW.RESTAURANTANDLODGING.COM




Fabulous Location, Special Attention to Guests Makes it a Central Florida Favorite

September 8 – 10, 2011

Orange County Convention Center Orlando, Florida

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F rom t h e c h a i r m a n ’ s de sk

Meals of Hope Angels in Hair Nets Making a Difference One Meal at a Time


By Dave Reid

f you have worn a hair net recently, you might really be a Florida angel in disguise. On June 14, the first evening of the FRLA summer board meeting, 150 FRLA staff and membership gathered together in Naples Florida to try and make a difference for Floridians that need help. In two hours, our wonderful FRLA volunteers packaged over 46,000 meals for Meals of Hope, a nonprofit organization, with the goal to package and distribute fortified meals to those in David Reid need. I cannot express in words the sense of pride and gratitude I felt in seeing all of the amazing FRLA members, staff and friends come together to give their time, passion and effort, while wearing the disguise of our food service employees — hair nets. You really are all angels. Thank you for making the difference in lives of so many people that need our help.  If I had one request. … or perhaps one wish … it would be to ask you to take that same benevolent spirit back to your local communities throughout the great state of Florida. You can’t save the world, but you might be able to help save your corner of it. Thank you again for all of your hard work. You really made a difference. Remember, nobody can do everything, but everyone can do something. Ok, you can take the hair net off now.

— David Reid

Dave Hadelman, Hooters of America, with Richard Shaw & son, Terressentia, taking a quick break.

Carlos Molinet, Hilton Fort Lauderdale Marina, working hard with his team.

Dan Murphy, FRLA’s VP of Membership & Corporate Relations coordinating the efforts of his team.

Executive Vice President of Operations 2011 Chairman of the Board Miller’s Ale House Restaurants Florida Restaurant and Lodging Association

Dover Drummond, Jim Ridenour and Lino Maldonado quickly worked to package as many meals as possible. w w w.Res t au ra n t A nd Lodgi

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Harry Price, Coca-Cola & Monique Yeager, Sonny’s Bar-B-Q showing off their hair nets.

Debbie Craul and Camron Becker working hard to pack as many meals as possible. F lo r i da R estau r a n t & Lo d g i n g  


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11 SEO: Learn the Six Building Blocks Strong organic web traffic comes from great content, well optimized so search engines and travelers can easily find and understand it. | By Camron Becker

16 The Florida Restaurant & Lodging Show Come celebrate the Show’s 40th Anniversary featuring dozens of special events and educational programs plus hundreds of companies showcasing news products at the Orange County Convention Center in Orlando, Sept. 8-10, 2011.

19 Park Plaza Hotel The Park Plaza opened in downtown Winter Park 35 years ago and has been a member of FRLA since 2006. In this installment of Secrets of Success, Mindy Spang Livingston, Director of Business Development, tells us about this charming Park Avenue property.| Interview by Susie McKinley

27 Food Safety: Establishing a Positive Relationship with Your Inspector Food service workers frequently fear the inspection process, believing that the mission of EHS is to find violations and reprimand, rather than to work collaboratively toward a common goal of food safety.| By Susie McKinley



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From the Chairman’s Desk  Meals of Hope, Dave Reid


Chefs That Sizzle Chef de Cuisine Justin Sells, Emeril’s


CEO Forecast John Kunkel, CEO/Founder, 50 Eggs Restaurant Group


Movers & Shakers Charlie Bauer of The Smokin Tuna Saloon, Key West


Try This Cool Web Apps, 2011 Top Ingredients, Unique Amenities


Labor Laws Labor Department Launches Florida Enforcement Initiative


Employment Take This Tip: Tips Versus Compulsory Service Charges


FRLA Chapter Map Get To Know Your FRLA Regional Directors


Event Calendar FRLA 2011-2012 Corporate Events and Shows


CPFM Exam Schedule  Register at F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

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Expo + Conference

September 13-14, 2011 Miami Beach Convention Center Miami Beach, FL USA

An intimate gathering for the hospitality industry in a festive and tropical setting. Two days, one unique approach. Over 400 leading manufacturers occupying areas up to 200 sq ft. give the show a personality that could only be located in the heart of South Beach, the original mecca of boutique hospitality filled with lively nightclubs, unique restaurants, stores and hotels. So come to the place where it all started and experience first-hand where the most creative minds come together to network and shop.

Register with code HDB32 at

Presented by

In association with

Produced by Nielsen Expositions, a part of Nielsen

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Dave Reid

2007 Supplier of the Year

Miller’s Ale House, Jupiter Chairman-Elect

Bruce Craul

Legendary Hospitality Inc., Destin


ProPane Users!


Andrew Reiss

Andrews 228 and Andrews Capital Grill & Bar, Tallahassee

Carlos Molinet

Hilton Ft. Lauderdale Marina, Ft. Lauderdale

Excuse me…

Tony Gallo Midtown Catering, Palmetto

Jim McManemon, Jr. Ritz-Carlton, Sarasota

Immediate Past Chairman

Keith Overton

TradeWinds Island Resorts, St. Pete Beach President/CEO

Carol B. Dover, fmp EDITOR

Do We Know Each Other? FRLA Members Lets Get Acquainted with this

Susie R. McKinley email:


Publication Manager

John M. Baker


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Leslie L. Baker Published By

Destination Commuications, Inc. 1334 Timberlane Rd., Tallahassee, FL 32312 Phone: 850-545-1362 • Fax: 850-907-8245 Florida Restaurant & Lodging magazine is the official publication of the Florida Restaurant & Lodging Association, Inc. (FRLA). FRLA reserves the right to accept, modify, or reject any and all content submitted for publication, whether paid or otherwise, solely at its discretion. Unless otherwise expressly indicated, FRLA does not endorse or warrant any products or services contained herein. In addition, unless otherwise expressly noted, the opinions expressed herein are those of the authors and not necessarily those of FRLA, its directors, officers, members, or staff. Content submissions may be made to the Publisher’s Office by regular mail or by e-mail. Please note that submitted materials will not be returned. FRLA Headquarters 230 S. Adams St. Tallahassee, FL 32301 850/224-2250 Fax: 850/224-9213

Publisher’s Address 1334 Timberlane Rd. Tallahassee, FL 32312 850/545-1362 Fax: 850/907-8245

Ad Rates and Submission Guidelines at Florida Restaurant & Lodging magazine (USPS 002-629; ISSN 104403640) is published bi-monthly. FRLA Members receive this publication as part of their membership dues. Non-members receive it as a marketing and promotion effort to inform the Florida foodservice and lodging industry of efforts made on its behalf by FRLA. Printing and mailing services: Boyd Brothers Printing, Inc., Panama City, FL. Address changes may be sentrto: PO dBox F lo r i da R estau a nFRLA, t & Lo g i n1779, g A sTallahassee, so ci at i o nFL 32302 or via email to Subscription address changes (digital or US Mail, can be made at, and click the Manage Subscription tab.

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Justin Sells Chef de Cuisine Emeril’s, Orlando


ustin Sells is Chef de Cuisine of Emeril’s Orlando. Prior to working with Emeril’s Orlando, Sells was most recently chef de cuisine at Snake River Grill at L’Auberge du Lac Casino Resort in Lake Charles, LA. His first stint with Emeril’s was as a cook and saucier in New Orleans in 1999, followed by positions at leading restaurants in Austin, TX, including executive sous chef at DemiEpicurious and chef de cuisine of Uchi, the five-star rated Japanese restaurant. FR&L Magazine caught up with the busy Chef Justin at the end of June. Our “Chefs That Sizzle” column this month is a little different, because we had specific questions we wanted to ask of the Chef.

Please describe Emeril’s Restaurant in Orlando.

We specialize in Emeril’s “New New Orleans” cuisine, which at its essence is Creole cooking with global influences using local Florida products. We use a lot of seafood and make everything from scratch. We’re lucky to have a great agriculture community so we draw from that and get inspired by what comes in the door. At lunch, people are excited to get out and explore the parks, so we keep things fresh and flavorful.

What about the restaurant inspires you?

Believe it or not, the location. Being in South Florida and at Universal Studios CityWalk allows millions of people from all over the world to have the opportunity to experience our cuisine. That’s pretty amazing. Not too many restaurants can say that. And being between two beautiful and bountiful coasts doesn’t hurt either. In a way, we get to be ambassadors for Florida seafood and produce at the same time.

Describe some of your most popular menu items.

Andouille Crusted Redfish with Pattipan Squash, Shoestring Potatoes, Creole Meunière Sauce; Pan Seared Sea Scallops, Boniato Puree, Cucumber-Pimento Relish, Mango Butter; Double-Cut Kurobuta Pork Chop, Bourbon Sweet Potatoes, Green Chile Mole, Tamarind Essence; New Orleans Barbecue Shrimp; Burrata Cheese with Wild Arugula, Roasted Golden Beets, Haricots Verts, Local Tomatoes, Horseradish Vinaigrette.

HotChef? Are You Considered Among 2011 Florida’s Hottest Chefs?


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Chef Justin Sells

What is your “sizzle” – for example, cuisine and food that are your signature or “specialties,” unique food presentations or any new ideas that you are using?

Originally, I’m from the Northwest so Pac-Rim cuisine is a large part of who I am. The only fault of its simplicity and cleanliness would be its lack of seasoning. That’s what took me to New Orleans. I wanted to take my cuisine and “dirty it up” a little bit. So, I like to introduce the North and South on my plates; let the natural harmony of the flavors do the work.

And now the question everyone wants to know the answer to….How do you like working for Emeril? Is it a lot of fun?

I wouldn’t be here if he wasn’t! Chef Emeril is a chef’s chef. He believes in the people he hires and allows a lot of creative liberty for his team. I worked with him in New Orleans and really embraced his spirit and dedication to the craft.

Know a chef who is creating buzz Timmins, with innovative Executive Chef aPeter C.M.C. cuisine, exceptional presentation or fresh new ideas? FRLA wants to tell the state about them in a bi-monthly feature in FR&L Magazine. Submit your favorite chef du jour to Please include a brief explanation of why your submission should be considered one of the hottest chefs in Florida. Be sure to include restaurant and contact F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n information. Submissions will be featured in FR&L Magazine as Chefs That Sizzle!

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forecast John Kunkel

Founder/CEO 50 Eggs Restaurant Group 50 Eggs Restaurant Group is a restaurant development and management company operating multiple restaurant concepts, from full service to fast-casual. Founded by industry veteran John Kunkel, 50 Eggs Restaurant Group operates Lime Fresh Mexican Grill, a popular fast-casual Mexican concept known for its signature blend of fresh, mouth-watering Mexican dishes, dynamic ambiance, stylized interiors and scrupulous service. Currently, there are 12 Lime locations, another 7 opening in 2011 and expansion plans for an additional 200 throughout the Southeast United States. 50 Eggs Restaurant Group also operates Yardbird Southern Table and Bar in Miami Beach, a chef- driven neighborhood dining concept opening in the Fall of 2011 which will feature the best of traditional Southern comfort cuisine, executed and infused with modern technique.

What do you think will be the biggest industry trend in 2011?

From what I’ve witnessed firsthand, the biggest trend in the restaurant industry seems to be the shift towards smaller restaurant space to take advantage of better real estate and lower operating costs. As I travel and scout new locations for Lime throughout Florida and along the Southeast United States, I find that I am no longer competing for real estate with only other Fast Casual concepts, rather, I’m also competing with casual dining concepts that used to traditionally operate in double the square footage.

What issue would you most like to see positively addressed by Florida’s legislature? Healthcare, healthcare, healthcare!

John Kunkel

Continued on Page 10

Infinite Energy, Inc. is Florida’s largest independent natural gas provider, proudly serving Florida’s restaurants and hotels for over 10 years. Lock in all or a portion of your natural gas usage for up to 5 years so you can protect yourself against soaring energy prices and save money versus your local utility. Special discounts apply for FRLA members! Call 877-IVE GOT GAS for more information!

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CEO FORECAST Continued from Page 9

What is the single greatest factor in the success of your business? Surround yourself with great people and implement systems from your first store.

How has participation in FRLA positively affected your business?

Participating in FRLA has been a great opportunity to meet and learn best practices from some of the leaders in Florida’s hospitality industry.

Is there anything you would like to share with Florida’s hospitality industry members?

As difficult as it is sometimes, get out of the four walls and participate in your community through local charities - it is rewarding professionally and personally.

How has your business strategy changed over the last few years?

It hasn’t - we are still pushing for perfection everyday and trying to provide a quality dining experience at a great value.


Waldorf Astoria Orlando Waldorf Astoria Orlando offers a stately lobby, drawing guests to its centerpiece, a magnificent clock handcrafted by master artisans. Discover the ultimate in elegance and relaxation in the private cabanas near the swimming pool.

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*Your potential savings may be less and will vary based upon taxes and monthly PGA rates in your specific utility service territory. Certain restrictions may apply. See terms and conditions for full details.

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F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

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M a r k e t i ng R e se rvat ions?

W ITH MI L ES 3 6 0

Search Engine Optimization: Learn the Six Building Blocks Strong organic web traffic comes from great content, well optimized so search engines and travelers can easily find and understand it

By Camron Becker


n just a few years, online marketing has claimed the throne as the most powerful marketing medium. Online space offers unlimited opportunity to connect with, quantify, directly target, follow and attract business. For the first time, operators are now able to speak with - rather than to - their customers. However, this open dialogue is a two way street presenting both opportunity and danger. Customers now play a powerful role in defining your brand. They are able to help draw new customers or warn them away. Done well, the potential return on investment for online marketing is indisputable. That said, the number of options available are exploding and technologies are changing at a dizzying pace. How do you keep up in order to determine that ROI? In this issue we introduce our new column – Marketing Dish with Miles360. Each issue we’ll tackle your questions and the issues that you want to know about. “Is there anything I can do to move up in Google search rankings?” (Yes!) “Do I have to pay for that? (Not necessarily!) “What can I do to affect consumer reviews?” (A lot!) “If I only have the time for one social media site, which one should I choose?” (Hint - it’s probably not the one you think!) “What in the world is remarketing?” (I know the answer, and trust me, it’s awesome!). We have A LOT to talk about! To kick-start the conversation, let’s talk about getting traffic to your site. There’s two main terms you’ll hear people talk about: Search Engine Optimization (SEO) and Search Engine Marketing (SEM). SEM is traffic you buy through advertising. You’ve probably seen those sponsored links at the top of a Google search page. But let’s concentrate for a moment on SEO, w w w.Res t au ra n t A nd Lodgi

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which is traffic you’ve earned, because you’ve taken steps to ensure your site is found organically in searches and throughout the web. Strong organic web traffic comes from great content that is well optimized so search engines and travelers can easily find and understand it. There are six building blocks to SEO:

1 2 3

Content is King: Investing in great content should underpin all your SEO efforts. Search engines are specifically designed to find, describe and rank relevant, engaging content. New Content: When search engine bots or spiders visit your site and find new, updated or changed content, this reinforces the importance and relevance of your site.

Optimized Content: Use keyword research to identify popular content that travelers are seeking and the terms/phrases they typically search for. Use these keywords in headings, subheadings, body copy, and then “tag” your content with relevant Title and Meta Tags.


Social Media Marketing: Social media marketing offers significant SEO benefits. Encourage the sharing of your content from your website by adding “Sharing” functionality. Free tools such as “Share This” allow users to post engaging content to their Facebook, Twitter, Digg or other social media accounts. Include links in posts or tweets on your own

social media marketing sites back to your site.


Search Engine Friendly Navigation: While you want your site to be easy for users to navigate, you also want it to be easy for search engine bots to navigate. An XML site map is an easy solution to add to your site and can be done with free or low-cost tools, but check that these are compliant with the Open Standard. More information is available at:


Quality Inbound Links: In this regard, search engine ranking is a popularity contest. The number of relevant and active/content-rich sites linking to your site helps determine your site’s importance to a search engine. The quality of links trumps quantity; so less can be more in your linking strategy. This is just scratching the online marketing surface. So, start sending in those questions to and if I don’t know the answer (I might not, but I know lots of smart people who will) I will find it. What I can’t find, I will make up (I’m kidding, just making sure you are paying attention). Camron Becker is the Director of Communications for Miles360, the hospitality division of Miles Media. F lo r i da R estau r a n t & Lo d g i n g  


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Governor Scott Attends FRLA Summer Board Meeting in Naples

Dave Reid, Governor Rick Scott, Carol Dover, and Carlos Molinet

Movers & Shakers The Tommy Bahama Travelers Collection is an irresistible line of personal care amenities.

Fresh. exotic. tantalizing.

For more information, visit us online or call us today!

800-541-6775 208 Passaic Ave, Fairfield, NJ 07004

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Charlie Bauer opened his newest venture – The Smokin Tuna Saloon in Key West on June 17. His temporary beverage license was hand-delivered by FRLA Vice President Geoff Luebkemann. Charlie is a FRLA Monroe board member, Chairman/Founder of the Key West Songwriters Festival and partner with Fury Water Adventures. His establishment, located just off Duval Street in Key West’s historic Old Town, will heavily feature live music and showcase top notch performers. Charlie relied on FRLA to staff help navigate regulatory hurdles and hit his opening date target. We wish Charlie well – stop in for a cold beverage and excellent music next time you’re in the Conch Republic! F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

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Nifty Web Pages Spell F-U-N For Visitors

Orlando is first U.S. travel destination to draw more than 50,000,000 visitors in a year


Resta e r u e

ra ®

nts Shop

W If you haven’t taken a look at Famous Dave’s web page, take a few minutes and have some fun! Their online games, grilling tips, menu and more are not to be missed!

The Orlando Sentinel reported on May 24, 2011 that City of Orlando officials “…announced it (Orlando) had become the first U.S. travel destination to draw more than 50 million visitors in a single year.” Further the Sentinel reported “Orlando’s tourist-based economy rebounded faster than expected: Last year’s visitor count was up 10.5 percent from 2009.”


Maximize your savings without compromising freshness and quality urants Shop Where Resta gs, For Savin Service & Selection 7 Days A Week m www.restau

e makes. ases he/sh as for all purch s issued is responsible nsible for all check urant rized user nt is respo the property of Resta card is An autho this of the accou card is st. Use of The owner purchases. This upon reque for s payment surrendered customer police must be ’s Depot and Restaurant Depot by governed


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MIAMI • 2041 N.W. 12th Avenue, Miami, FL 33127 • 305 324.4414 MEDLEY • 8850 NW 77th Court, Medley, FL 33166 • 305 884.1213 DAVIE • 7050 State Road 84, Davie, FL 33317 • 954 577.0470 POMPANO • 1470 Copans Road, Pompano Beach, FL 33064 • 954 972.0212 ORLANDO • 3451 W Princeton Street, Orlando, FL 32808 • 407 295.4300 TAMPA • 8105 North 50th Street , Tampa, FL 33605 • 813 247.7900 JACKSONVILLE • 3389 Powers Avenue, Jacksonville, FL 32207 • 904 733.1005 SUPPLYING RESTAURANTS & CATERERS FROM LOCATIONS NATIONWIDE

Wholesale Only. Not Open To The Public. No Minimum Purchase. Please bring your reseller’s permit on your first visit.

F lo r i da R estau r a n t & Lo d g i n g  


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Cool Web Apps That Will Work For You

2011 Top Ingredients 1) Artisan cheeses 2) Ethnic cheeses (e.g. queso fresco, paneer, lebneh, halloumi) 3) Artisan / Specialty Bacon 4) Ancient grains (e.g. kamut, spelt, amaranth) 5) Black garlic

*National Restaurant Association 2011 Industry Forecast If you are on the go and have several means to “stay connected”, check out Once a file is saved to Dropbox, you can access it on any of your devices: phone, Ipad, any computer, and of course, the Dropbox website. 2GB of Dropbox is free and larger accounts are available for a price. Files in Dropbox can be shared among co-workers, friends or family. Dropbox is secure. Try it out!

Unique Amenities


he Peabody Hotel in Orlando, Florida is the home of the world-famous Peabody Ducks. Twice daily, every day, five mallard ducks march on a red carpet to a special fountain in the lobby of the hotel to socialize and entertain guests. This tradition has been a favorite experience for Peabody Hotel guests for over sixty years and entertains thousands each year.

Tommy Bahama Collection Essential Amenities has added 2 oz Liquids in their already successful Tommy Bahama Travelers Collection This web app provides useful characters. Instead of memorizing all of the characters on your keyboard, click on the character that you want, and it automatically pastes to your clipboard for you to use at any time. Yammer is an internal networking tool for organizations. It is very easy to use – similar to other social media products like Facebook. Yammer is free! CNN noted that it is “…Facebook for business….” Check it out!

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icensed into the hospitality industry by Essential Amenities, Tommy Bahama Travelers Collection amenities offers a complete line of hotel personal care items designed to capture the essence of luxury island living. Tommy Bahama Traveler’s Collection is comprised of high-quality soaps, shampoos, conditioners, gels, and moisturizer products, as well as accessory items which have been uniquely designed to support the casual lifestyle of the brand for the luxury hotel setting. Now, the Tommy Bahama 2 oz size broadens the line’s appeal by having larger sizes available. “Tommy Bahama is an exclusive brand known for high quality products and a luxury lifestyle concept,” says Mike Ware, President of Essential Amenities, Inc. “We’re proud to be able to continue to offer additional products in the Tommy Bahama Travelers Collection to complement the products that already exist.” Tommy Bahama amenities were created specifically for hotel guests using gentle formulas and natural ingredients, which are never tested on animals and are packaged with the environment in mind. The Exotic Coral fragrance brings a clean, fresh aroma to give hotel guests a relaxed and pampered feeling, and will help to enhance your guest’s entire experience while staying at your property. In use around the world by fine hotels, luxury resorts and B&Bs, these same great formulas are now available in the 2 oz sizes. F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

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Out of Compliance?

Contact FRLA to solve compliance issues at 866-372-7233 or

Did You Know? In 2009, the National Restaurant Association projected that Florida’s restaurants would register $27 billion in sales. Nationwide, 2009 Annual Industry Sales were projected to exceed a half-trillion dollars --

$565.9 trillion.

NRA, NCCR File Menu-Labeling Comments with Feds


n July, the National Restaurant Association and the National Council of Chain Restaurants filed comments with the Food and Drug Administration concerning new menu-labeling regulations. The new regulations will require operations with 20 or more restaurants operating with the same name to provide nutritional information on the menu, menu board or drive thru menu for all menu items. For further information about these comments visit NRA’s website at w w w.Res t au ra n t A nd Lodgi

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Make Plans to Attend the 40th Anniversary

Florida Restaurant & Lodging Show


ince 1971 thousands of restaurant and foodservice industry professionals have attended The Florida Restaurant & Lodging Show. To celebrate the event’s 40th anniversary, there will be dozens of exciting special events and educational programs plus hundreds of companies showcasing news products at this trade show and conference taking place Orange County Convention Center in Orlando from September 8-10, 2011. Among dozens of events, here are some of the highlights: •  Ferdinand Metz Foodservice Forum will feature industry experts handpicked by Master Chef and former Head of the Culinary Institute of America for more than 20 years, Ferdinand Metz. These sessions provide restaurateurs the keys to success including new trends, increasing revenue & loyalty, lower costs & turnover, building winning teams, delivering optimal experience, boosting beverage earnings, enhancing menu, cuisine & profits, minimizing

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risk and operational excellence. •  PMQ’s Orlando Pizza Show is the premier showcase for pizza-related products and services. It will spotlight the latest products, services & technologies; such as dough, cheese, cookware, POS systems, and more. It will also host the U.S. Pizza Team Trial Competitions where dough spinning pizza acrobats will compete for the chance to compete on the U.S. Pizza Team in the World Pizza Championships in Salsomaggiore, Italy. •  Ultimate Barista Challenge USA: brings professional barista to the Expo to face challengers all preparing their signature espresso beverages for a panel of judges. There will be a showdown of three flights of espresso frappe, espresso cocktails, and beautiful café latte art. •  World Class Culinary Competitions managed and organized by the American Culinary Federation (ACF)/Central Florida Chapter (CFC). Chefs will compete in the Student Florida State Champion Team Skills Competition, 3 Signature Recipe Competitions, the USA Culinary Cup Team Competition, and the Pastry Challenge. Many of the award winning meals will be served during the Chef’s Table Luncheons, a four-course surprise lunch prepared by the participating chefs. •  Healthy Afternoon: Presenting a line-up of educational sessions on the important initiative of healthy dining choices in restaurants. Ferdinand Metz, CMC, and gathered experts in nutrition, marketing and menu analysis to share the

Gain a Fresh Perspective on Your Business ®

research data, the trends, and the case studies of success of the Healthy Food Trends. •  The Foodservice Council for Women: This event provides communities for women to develop and advance their business knowledge, contacts and careers and to discuss relevant topics in foodservice. Presented by Kathleen Wood of Kathleen Wood Partners, Ferdinand Metz, CMC, and others. A time to enjoy “coffee and” while networking with your peers and colleagues. •  The BIG Black & White Party: Tropicana Style: The Florida Restaurant & Lodging Association will host the Show’s hottest party taking place on Friday, September 9 from 6:30 – 9:00 pm at Cuba Libre Restaurant and Rum Bar. A Black and White themed party; guests will be entertained with professional salsa dancers, live guitar players, a Latin DJ and a cigar roller. Tickets are $50 each and available by contacting Susan Aronson at Susana@frla. org or 850-224-2250 x 226 F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

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September 8-10, 2011 When: Where: About:

Thursday, September 8, 2011 11:00 am – 5:00 pm 11:00 am – 5:00 pm Friday, September 9, 2011 Saturday, September 10, 2011 11:00 am – 4:00 pm Orange County Convention Center, Orlando, FL The 2011 Florida Restaurant & Lodging Show is produced and managed by Reed Exhibitions, and sponsored by the Florida Restaurant & Lodging Association. For more information, call toll free 888-372-3976 or visit

Ferdinand Metz Foodservice Forum

Program At-A-Glance All registrations include access to 36+ complimentary sessions within the Forum. This is your opportunity to gain a wealth of knowledge from some of the best minds in the restaurant and foodservice industry!

Thursday, Sept 8, 2011 8:30 AM – 4:00 PM

ServSafe Certified Professional Food Managers Course and Exam Presented by FRLA & Regulatory Compliance Services or 866-372-7233 Advanced Reg $130 FRLA members $150 non-members; Onsite $175. 9:00 AM - 10:30 AM The Foodservice Council for Women - Building A Path to Business Success! - round table Kathleen Wood, Kathleen Wood Partners, LLC 11:30 AM - 12:30 PM Coffee with Ferdinand - round table Certified Master Chef Ferdinand Metz , Executive Dean, Le Cordon Bleu 11:30 AM – 12:30 PM New Trends, Hot Profits in Specialty Coffee Sherri Johns, Whole Cup Coffee Consulting LLC 11:30 AM – 12:30 PM From Websites to Email to Social Media. What You Really Need to Know that’s Going To Increase Sales & Not Waste Your Time Joel Cohen, 11:30 AM – 12:30 PM Email Marketing for Restaurants- Attract, Engage and Thrive Scott Shaw, Fishbowl 1:00 PM – 2:00 PM Boosting Your Profits With Accurate Recipe Costing and Menu Engineering Mark Kelnhofer, Return On Ingredients 2:30 PM – 3:30 PM Insight Beyond Trends Mathew Mandeltort, Technomic 2:30 PM – 3:30 PM Spend No Dough to Make More Dough Kathleen Wood, Kathleen Wood Partners, LLC 2:30 PM – 3:30 PM Building A Winning Hospitality Team Darren Dennington, Service With Style Skyrocket Your Sales by at Least 10% in 120 Days or Less 2:30 PM – 3:30 PM Tom Feltenstein, Power Marketing Academy **Invitation Only * The Changing Landscape of Culinary Education 4:00 PM – 5:00 PM Certified Master Chef Ferdinand Metz , Executive Dean, Le Cordon Bleu 7 Must-Dos to Controlling Labor Costs 4:00 PM – 5:00 PM David Scott Peters,

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*Additional education available separate from the Ferdinand Metz Foodservice Forum requires separate registration and fee. **All Sessions and speakers subject to change and cancellation. Visit for the most up-to-date information prior to the event. F lo r i da R estau r a n t & Lo d g i n g  


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Friday, September 9, 2011 11:30 AM – 12:30 PM Insight Beyond Trends Mathew Mandeltort, Technomic 11:30 AM – 12:30 PM Top 5 Lawsuits Restaurants Can Avoid – Panel Kevin Vannatta, Madonna Devling, Josh Aicklen; Lewis Brisbois, Bisgaard & Smith, LLP 11:30 AM – 12:30 PM Boosting Your Profits With Accurate Recipe Costing and Menu Engineering Mark Kelnhofer, Return on Ingredients 11:30 AM – 12:30 PM PCI Compliance Done Right. – Stop Risking Your Business – Rich Peterson , Abacus, Exclusive vendor by NRA & Cisco 1:00 PM – 2:00 PM 67 Proven Killer Promotions for Outrageous Success in the Restaurant Business Tom Feltenstein, Power Marketing Academy 1:00 PM – 2:00 PM How to Reach the New Social Savvy Restaurant Consumer Paul Barron, Digital CoCo 1:00 PM – 2:00 PM Simple Restaurant Systems That Increase Productivity and Profitability Darren Dennington, Service with Style 1:00 PM – 2:00 PM Simplified Mobile & Social Media Marketing – “Relax…Take a Deep Breath and Put a Sensible Plan in Place” Conrad Carney, CEO at CMSText 2:30 PM – 3:30 PM Maximizing Social Media for Restaurants Scott Shaw, Fishbowl 2:30 PM – 3:30 PM Fine Dining Panel 2:00 PM – 3:00 PM 10 Critical Tips for Multi-Unit Operators (invitation only contact Larry Stuart & Ron Brennan, Larry Stuart Hospitality 4:00 PM – 5:00 PM 7 Must-Do’s to Controlling Labor Costs David Scott Peters, 4:00 PM – 5:00 PM 101 Leasing Tips for Restaurant Tenants Dale Willerton, The Lease Coach Healthy Trends - Top Trends Overview 2:30 PM - 3:00 PM MenuTrinfo Healthy Trends - Gluten Free & Other Allergy Offerings in Menus 3;00 PM - 3:30 PM MenuTrinfo Healthy Trends - Healthy Kids Meals & Finance Your Healthy Menu 3:30 PM - 4:00 PM with Government Money! MenuTrinfo Healthy Trends - Food Allergies-How to Capture the Trend – MenuTrinfo 4:00 PM - 4:30 PM

Saturday, September 10, 2011 9:00 AM – 1:00 PM 1:30 PM – 5:30PM 11:30 AM – 12:30 PM 11:30 AM – 12:30 PM

Personal Chef Start-Up Solutions *requires separate fee & registration Candy Wallace, APPCA Personal Chef Start-Up Solutions *requires separate fee & registration Candy Wallace, APPCA Digital Restaurant Topics to Turn Social into Profit!! Paul Barron, Digital CoCo 13 Costly Mistakes Restaurant Tenants Make Negotiating a Commercial Lease or Renewal Dale Willerton, The Lease Coach 11:30 AM – 12:30 PM Yelp and Your Restaurant Luther Lowe, Yelp 1:00 PM – 2:00 PM Calorie Posting Success Stories Lucy Logan, FoodCALC 1:00 PM – 2:00 PM Restaurateurs – Want to Know How to Cater? Warren Dietel, Puff ‘n Stuff, presented by International Caterers Association 1:00 PM – 2:00 PM Email Marketing for Restaurants – Attract, Engage and Thrive Scott Shaw, Fishbowl 2:30 PM – 3:30 PM Avoiding the Con in Construction – Kia Ricchi, 2:30 PM – 3:30 PM Top 10 Trends in Catering Warren Dietel, Puff ‘n Stuff, presented by International Caterers Association 18  J UNE /J ULY

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*Additional education available separate from the Ferdinand Metz Foodservice Forum requires separate registration and fee. **All Sessions and speakers subject to change and cancellation. Visit for the most up-to-date information prior to the event. F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

7/27/11 1:09 PM


Secrets of Success

Long-lived FRLA Member Business by Susie McKinley FRL Magazine has a new addition: Secrets of Success, Long-lived FRLA Member Businesses. This new feature will celebrate FRLA members that have been in business for a long period of time. The feature will highlight these operators and will provide insight into maintaining a long-lived business. If you have any suggestions or thoughts about this new feature, please contact Susie McKinley at susie@

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Angela Robbins photo, True Moxie Studios

The Park Plaza Hotel opened in downtown Winter Park 35 years ago and has been a member of FRLA since 2006. In this installment of Secrets of Success, Mindy Spang Livingston, Director of Business Development, tells us about this charming Park Avenue property. F lo r i da R estau r a n t & Lo d g i n g  


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Angela Robbins photo, True Moxie Studios SUSIE McKINLEY photo

Park Plaza has been a favorite lodging for visitors to the Winter Park and Orlando area for many years. It is known for its fabulous location and special attention to guests.

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How long have you been in business? The hotel opened in 1923 as the Hamilton Hotel. Originally, the hotel had fifty rooms. In 1976, it was purchased by the John Spang family, remodeled and reconfigured into twentyeight rooms of different sizes. How did Park Plaza get its start -- what was your vision and / or motivation? We wanted to provide service, charm and a “home away from home” to business travelers and visitors to Winter Park. What makes your hotel unique? It has the ambiance of a vintage hotel in the European style. Located in the center of Winter Park close to shopping and restaurants, it is the only hotel on Park Avenue. What are your signature amenities? We provide a complimentary valet, continental breakfast served in rooms, balconies or in the lobby. We also provide a running guide of the area to guests. Something cold to drink is available for guests at any time for no charge, and the hotel provides a variety of newspapers to guests. Our primary amenities are our location and excellent customer service. Have you seen the tastes of your guests change over the years? Guests are more sophisticated regarding technology and exercise. Our running trail guide which routes guests through the idyllic neighborhoods of Winter Park is a favorite. How has the hotel changed since it opened? The hotel has undergone several remodels during the past forty years, but always with an eye to maintain and protect the vintage charm of days gone by. Have you changed your employee training and / or policies over the years to accommodate for the w w w.Res t au ra n t A nd Lodgi

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Angela Robbins photo, True Moxie Studios

younger generations? No, not really. Everyone is trained to keep up with technological advances. However, we concentrate on the forty-year model of charm, hospitality and friendliness.

What has been the greatest change in serving your guests over the years? While many of our clients repeat their visits, weddings and Avenue visitors bring disparate groups.

How do you keep your employees engaged and motivated? Our employees are self-motivated. This was determined during the screening process.

What do you think are the keys to low employee turnover, and how have you managed turnover? We treat our employees with respect in the workplace. The hotel is family-owned and staff are treated accordingly. This results in little turnover.

What is the most important thing you emphasize with staff about your customers? What critical or priority areas do you emphasize in training your staff? Service…service…service - with a smile.

What is the most important factor to your business longevity? Location and all of the above. F lo r i da R estau r a n t & Lo d g i n g  


7/27/11 1:09 PM


Labor Department Launches Florida Enforcement Initiative By Al Hernandez


ach year, US Department of Labor’s Wage and Hour Division (WHD) regional and local offices plan and undertake enforcement initiatives in industries and business with high rates of wage and hour violations. Earlier this year, WHD’s Tampa District Office launched a new enforcement initiative focusing on the restaurant industry in Hillsborough County, Florida, where WHD has found significant and systemic minimum wage, overtime, and child labor violations. The goal of this enforcement initiative is to remedy widespread labor violations and ensure a level playing field for the many honest restaurant owners in Hillsborough County who abide by the law and provide employees with their rightful pay and benefits. Between 2006 and 2010, WHD conducted 1,166 investigations in the Tampa Bay area, recovering more than $2.8 million in minimum wage and overtime back wages for

Investigators are making unannounced visits to identify patterns of minimum wage, overtime, and recordkeeping violations, and to ensure lawabiding employers are not at a competitive disadvantage. 3,873 restaurant workers who were denied fair compensation for all hours of their work, in violation of the FLSA. These investigations also resulted in the assessment of approximately $165,900 in civil money penalties for federal child labor and other FLSA violations. WHD is concerned about the prevalence of violative pay practices in this industry such as requiring employees to work exclusively for tips, without regard to minimum wage standards; making illegal deductions from workers wages for uniforms, breakages, and

cash-register shortages; and incorrectly calculating overtime based on $2.13 per hour, the minimum amount employers must pay in cash to tipped employees, instead of the federal minimum wage of $7.25 per hour. This industry also continues to have significant child labor violations such as minors operating hazardous equipment including dough mixers and meat slicers. As part of this initiative, WHD investigators are making unannounced visits to full service restaurants to identify patterns of minimum wage, overtime, and recordkeeping violations, and ensure that law-abiding employers in this industry are not placed at a competitive disadvantage. When violations are found, the Agency will vigorously pursue corrective action – including payment of back wages, civil money penalties, and liquidated damages – to ensure accountability and deter future violations. Additionally, WHD will engage key employer associations to help provide employers with child labor and FLSA compliance assistance information, and to secure cooperation in promoting industry-wide compliance and accountability. Similarly, WHD will conduct outreach to workers and community groups to demonstrate the agency’s commitment to addressing systemic wage and child labor violations and to encourage vulnerable workers to come forward with potential violations. WHD is committed to providing the tools necessary to assist restaurant owners and operators in understanding and achieving full compliance with the requirements of the FLSA. For more information about this initiative call the Wage and Hour Division’s Tampa District Office at 813-288-1242. For more information about FLSA, call the division’s national toll-free helpline at 866-4US-WAGE (487-9243). Information is also available online at The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 (Florida law requires $7.31 per hour as of June 1, 2011 - Editor) for all hours worked, plus time and one-half their regular rates of pay, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers must also maintain accurate time and payroll records. Al Hernandez works for the U.S. Department of Labor, Wage and Hour Division as an Investigator.

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F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

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Heavy Hitters!

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Hosted by the FRLA Allied Members Council

Black & White Party Tropicana Style

Friday, September 9, 2011

6:30 p.m.-9:00 p.m. Restaurant & Rum Bar

If pur has ng ti kets onl ne after August 29, please p k up at w ll all or FRLA booth #1623

Tickets sold out last year buy yours today!

Cigar Rolling Salsa Dancers Open Bar

ket Pr e s $50/person ($45 for 10 or more) In ludes adm ss on, open bar, and heavy hors d'oeuvres Please all Susan Aronson for more nformation. 850-224-2250 ext. 226 or

You ome wear ng bla k or wh te. We’ll take are of the rest! Platinum Sponsors

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Gold Sponsors

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F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

7/27/11 1:09 PM



Take This Tip

Tips Versus Compulsory Service Charges By Richard D. Tuschman, Esq., And Mark J. Beutler, Esq.


tip is “a sum presented by a customer as a gift or gratuity in recognition of some service performed by him” (29 C.F.R. §531.52.). Although this definition may seem obvious, tips must be distinguished from compulsory service charges. Such compulsory charges are not considered tips and, even if distributed to employees, cannot be used to satisfy the tip credit (29 C.F.R. § 531.55). Banquet halls and restaurants that cater to foreign tourists (who oftentimes are unaware of American tipping customs) often impose compulsory service charges. However, if customers provide additional monies above the compulsory service charge as a gratuity, these additional amounts are tips and must be treated as tips, i.e., they must be paid to the tipped employee or into a valid tip pool. That much, and only that much, is clear. The question that arises is whether compulsory charges are “tips” subject to the tip credit rules. If not, so long as the employee receives compensation equal to or more than the minimum wage (through a combination of direct wages and compulsory service charge rebates), it would logically follow that the employer would be free to do as it pleased with the remaining compulsory service fees. However, the regulations suggest, and some cases hold, that in order for the employer to use compulsory service charges to satisfy the employer’s minimum wage obligation, the employer must account for such receipts in the same manner as other revenues, i.e., such tips must be included in gross revenues subject to sales and income taxes (e.g., Chan v. Triple 8 Palace, Inc., 2006 WL 851749, *6-7 (S.D.N.Y. 2006)). Oftentimes employers fail to report compulsory service charges as revenues. One would think that a restaurant that rebates its compulsory charges to its tipped employees so as to raise their compensation above the minimum wage, but fails to report the charges as income to the taxing authorities, has tax compliance issues but should go free under w w w.Res t au ra n t A nd Lodgi

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the FLSA. But that is not always the result reached by the courts. Some cases hold that compulsory service charges are not tips. Pellon v. Business Representation International, Inc., 528 F. Supp. 2d 1306 (S.D. Fla. 2007) (compulsory $2 bag fees paid to skycaps were not tips subject to tip credit rules). Other cases hold that, based on the facts of the case, the charges are “disguised tips” which belong to the employee. Chan v. Sung Yue Tung Corp., 2007 WL 313483 (S.D.N.Y.); and other cases hold that whether compulsory charges are in reality tips is a jury question, Cachola-Bonilla v. Wyndham El Conquistador Resort & Country Club, 577 F.Supp.2d 566 (D.P.R. 2008). The case law is not well developed. Dual Occupations vs Incidental Duties In some situations, an employee is employed in dual occupations. A waiter may have responsibilities in addition to serving customers. In such a case, the employer may not claim a tip credit for the time the employee spends performing duties unrelated to the tipped occupation. On the other hand, an employer may claim a tip credit for the time an employee spends on duties that are related to the tipped occupation, even though those duties do not directly generate tips. For example, an employer can generally claim a tip credit for the time the waiter spends cleaning and setting tables, making coffee and occasionally washing dishes or glasses, provided that such duties are incidental to the waiter’s regular duties and are regularly assigned to waiters at that establishment. 29 C.F.R. §531.56(e). Restaurants may ask servers to perform duties as ice sculptors, or pastry decorators, or floral arrangers. There may be bussers who make salads or wash dishes between lunch and dinner. The line between non-tipped work and nontipped duties incidental to a tipped occupation is nebulous. Courts rely upon several criteria, which often point in different directions. In Fast v. Applebee’s International, Inc., bartenders and waitstaff claimed that their

jobs included non-tip producing duties. The bartenders claimed that they were required to wipe down bottles, clean blenders, cut fruit for garnishes, take inventory, prepare drink mixers, and clean up after closing hours. The servers claimed that they were required to clean bathrooms, sweep, clean and stock serving areas, roll silverware, and clean the dining room before and after the restaurant was open. A federal appellate court adopted the DOL’s guidelines which provide that, where tipped employees spend in excess of 20% of their time performing tasks that did not produce tips, no tip credit may be taken for the time spent in performing such duties. 29 C.F.R. § 531.56(e). The district court judge whose opinion was affirmed on appeal, reasoned that some limiting principle was necessary or servers and bartenders could be required to perform an unlimited amount of non-tipped duties while the restaurant paid them the tipped wage, so long as those nontipped duties were related in some amorphous way to the occupation of servers or bartenders. In contrast, in Pellon v. Business Representation Int’l, Inc., 528 F.Supp.2d 1306 (S.D. Fla. 2007), aff’d, 291 Fed. Appx. 310 (11th Cir. 2008), a court rejected the application of the 20% rule to evaluate the tipped and non-tipped duties of skycaps, concluding that “a determination whether 20% (or any other amount) of a skycap’s time is spent on nontipped duties is infeasible” because the tasks at issue were intertwined with direct tip-producing tasks throughout the day. Pellon and Fast are the leading cases on this issue. Several courts including one federal court in the Southern District of Florida have adopted the 20% rule. See Ash v. Sambodromo, LLC, 676 F.Supp.2d 1360, 1366 (S.D. Fla. 2009). Other courts, in addition to Pellon, have rejected the 20% rule. See e.g., Driver v. AppleIllinois, 265 F.R.D. 293, 311 (N.D. Ill. 2010) (rejecting the 20% approach and adopting a more “workable” proposed standard, which would be to determine whether a particular duty is part of a tipped occupation.”). Courts on both sides of the issue make good points. Having no limiting principle invites F lo r i da R estau r a n t & Lo d g i n g  


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abuse, but requiring employers to keep track of the time committed to every task performed by tipped employees is infeasible. When this issue is litigated, the outcome is difficult to predict. The aphorism that “pigs get fed but hogs get slaughtered” perhaps best explains the results. The restaurant chain in Fast sought to claim the tip credit for the period that the waiters were cleaning the restrooms, and had been investigated several times by the DOL and had previously agreed to discontinue some of the practices at issue in the litigation. Adoption of the 20 percent rule will likely serve to refocus the dispute to which specific

duties are subject to the 20 percent limit for related duties in a tipped occupation and which duties are the tip-producing part of the server’s or bartender’s tipped occupation. The court in Fast failed to address that issue. The degree to which the tasks are integrated into one job, either by custom or necessity, and the amount of time committed to those tasks, will likely affect the court’s determination. But a bright line rule as to what tasks can safely be assigned to servers and other tipped employees does not presently exist. Richard D. Tuschman is a member of Epstein, Becker and Green’s Labor and Employment and Litigation practice in the firm’s Miami office. He is Board Certified in Labor

& Employment Law by the Florida Bar, and is AV rated by Martindale-Hubbell. Mr. Tuschman has significant litigation experience in both federal and state courts and regularly represents employers in FLSA and state wagehour actions. Mark J. Beutler is an associate in the Labor and Employment practice at Epstein, Becker and Green firm’s Miami office. Mr. Beutler has represented clients in a range of industries and businesses, including public accounting firms, air carrier contractors, and pharmaceutical companies. Mr. Beutler’s practice includes representing employers in discrimination and wage and hour litigation. Mr. Beutler has written and edited articles for legal and business publications.

Service Will Also Ensure Compliance With IRS Regulations And Wage And Hour Laws

Tip Manager Assists Restaurant Owners With Tip Distribution, Management


eartland Payment Systems, one of the nation’s largest payments processors, launches Heartland Tip Manager, a new service that offers restaurateurs a way to streamline tip distribution management. Tip Manager also integrates payroll data, credit card sales and credit card tip data from pointof-sale (POS) system. “Heartland understands tip reporting can often be challenging for many restaurants. As the processor of one out of every seven restaurant credit and debit card transactions in the US, Heartland understands that restaurants need cost-effective products and services that streamline cash flow and increase profitability. We have developed Heartland Tip Manager to help address one of the toughest issues in the industry,” said Mark Strippy, Heartland’s executive director of payroll services. Developed with input from industry operators and a leader in restaurant software, Tip Manager also helps ensure compliance with IRS tip and reporting requirements and company tip policies. It also gives restaurant owners the ability to produce specific reports to assist with tip compliance in the event of an IRS audit or investigation. “One of the most noteworthy features of Tip Manager is that managers will be able to manage tips on a per-shift basis,” added Strippy. “This function will allow for easier tip tracking and will create an environment of much greater control for the restaurant operator.” This new service from Heartland

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creates significant efficiencies for the operator by reducing the amount of manual data entry required to track, report and ultimately process payroll, with our integration between the POS/Tip Manager and Heartland’s Plus One Payroll. Additionally, Tip Manager provides restaurant operators the ability to create tip pool policies that will automate the calculation, distribution and taxation of tips that are shared among indirect tipped employees. Accurate accounting of the amount of tips received by indirect employees will provide the operator with the ability to properly report those cash tips, thereby increasing their wage claims which can result in an increased Federal Insurance Contribution Act (FICA) Tip Credit. Mid-sized restaurants can receive up to $25,000 in FICA Tip Credits. The Tip Manager software functions in conjunction with Heartland’s PlusOneSM Payroll as part of an integrated payroll solution. PlusOne Payroll enables faster processing and timely updates to ensure restaurateurs remain compliant with payroll, tax and human resources regulations. Tip Manager also works in conjunction with IRS endorsed programs for tracking tips — ATIP (Attributed Tip Income Program) and TRAC (Tip Reporting Alternative Commitment) — and supports compliance requirements of those programs. Heartland Tip Manager offers significant business benefits including: Direct integration to several POS systems to pull gross receipts and tip information to Tip

Manager. Ability for management to override and approve tip distribution prior to sending to payroll. Ability to access and create more than one tip distribution policy so each shift can potentially have a different policy created to fulfill the needs of the restaurant. Flexible tip distribution policies available based on gross receipts, and cash and credit card tips. Compliance with IRS tip reporting mandates and wage and hour laws. The ability to have multiple direct employees share tips from the same ticket /large group/event. Augmented ticket-level POS sales/tip data providing additional reporting required to complete the annual IRS 8027 form. Greater 8027 form accuracy leading to a lower estimated tip percentage. Improved cash flow from the elimination of “negative deposits.” Improved profitability from FICA tax tip credits and cash benefits from the ATIP program. Improved operational efficiencies such as the elimination of management handling cash tips indirectly and dealing with disputes between direct and indirect tipped employees. For more information about Heartland Tip Manager, please visit HeartlandPaymentSystems. com/Payroll or call 866.941.1HPS (1477).

F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

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Establishing a Positive Relationship With Your


By Susie McKinley


very food service and lodging operation in the state of Florida is inspected in accordance with Florida law, which also prescribes inspection requirements and frequency. The Division of Hotels and Restaurants (H&R) licenses, inspects and regulates public lodging and food service establishments in Florida under Chapter 509, Florida Statutes (FS). The mission of the Division of Hotels and Restaurants is: “Protect the health and safety of the public by providing the industry with quality inspections and fair regulation.” Last fiscal year, H&R conducted more than 165,000 public food service and lodging establishment inspections and cited about 845,000 violations of sanitary standards in public food service and lodging establishments. With that noted, you will be inspected, so with such an emphasis on inspection, why not create a good working relationship with your inspector? According to an article recently published in Food Safety Magazine, “Traditionally, the relationship between EHS (food inspector) and restaurateurs has been adversarial, often due to assumed differences between the two groups. Food service workers frequently fear the inspection process, believing that the mission of EHS is to find violations and reprimand, rather than to work collaboratively toward a common goal of food safety. As a result of this sometimes tense relationship between EHS and food service employees, traditional regulatory approaches do not necessarily ensure the adoption of desired food safety behaviors.” Your Division of Hotels and Restaurants’ inspector will be “hands-on” in your business – ensuring that you are ready for occupancy, ensuring that you have the equipment, facilities and training to serve safe food, and checking your life safety systems to issuing a certificate of occupancy. Your professional inspector is educated and highly trained in Florida law and has prepared for hours to conduct your inspection. The inspector will carry equipment, a computer or a

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clipboard during the inspection. He or she will arrive to your business unannounced and ready to inspect. Florida law permits inspection at any time. State identification must be presented by the inspector. Respecting the professionalism and responsibility of your inspector is the first step towards establishing a positive relationship. Your inspector will want to meet with the person-in-charge (PIC), supervisor or manager before starting. It is IMPORTANT for the person-in-charge to be present during entire process. As a PIC, supervisor or manager, the most important thing that you can do during the inspection is to “shadow” your inspector. Your staff must have a plan of action to utilize upon the inspector’s arrival at your facility which designates the most senior staff member to “shadow”. Shadowing the inspector is a great opportunity to get to know your inspector and is a unique educational opportunity to see your place through a food safety expert’s eyes.

During the inspection is an excellent time to discuss more serious observations and methods of correction. Remember, your inspector is a great resource. As the operator of the establishment, you should assist in assuring that the inspection and the process surrounding it goes smoothly for your operation and the inspector. Demonstrating an elevated interest in the inspection is the second step in creating a positive relationship with the inspector. Prior to starting the inspection, provide all complete paperwork and licensing information requested by your inspector. During the inspection, know that your operation will be reviewed from “top to bottom” for compliance with the US FDA Food Code and Florida law. Additionally, all restaurant employees must be trained in safe food handling techniques and correct personal hygiene. Continued on Page 29 F lo r i da R estau r a n t & Lo d g i n g  


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Directors Territories Get2010 ToRegional Know Your FRLA Regional Directors Ray Green Corkey Bergamo

Northwest Florida - Ray Green 230 S. Adams Street Tallahassee, FL 32301 Office 850-224-2250 ext. 230 Cell 850-545-5901 Fax 850-224-1590

Stephanie Murdoch

Northeast Florida - Corkey Bergamo 11920 Gran Crique Ct. S. Jacksonville, FL 32223 Home/Fax 904-880-6964 Cell 904-993-6287 Central Florida - Stephanie Murdoch 201 W. Canton Ave., Suite 100 Winter Park, FL 32789 Cell 407-405-4070 Fax 407-478-4575 Tampa Bay & Southwest Florida - Danneee Lynch PO Box 554 Largo, FL 33779 727-642-3404 Fax 727-953-6803 South Florida - Lynne Hernandez PO Box 566263 Miami, FL 33256-6263 Office 305-598-FRLA (3752) Cell 305-710-3962 Fax 305-598-3753 lhernand

Danneee Lynch Lynne Hernandez

Marco Island

Northwest Florida - Ray Green 230 S. Adams Street Tallahassee, FL 32301 Office 850-224-2250 ext. 230 Cell 850-545-5901 Fax 850-224-1590 Northeast Florida - Corkey Bergamo 11920 Gran Crique Ct. S. Jacksonville, FL 32223 Home/Fax 904-880-6964 Cell 904-993-6287 Central Florida - Stephanie Murdoch 201 W. Canton Ave., Suite 100 Winter Park, FL 32789 Cell 407-405-4070 Fax 407-478-4575 Tampa Bay & Southwest Florida Dannette Lynch PO Box 554 Largo, FL 33779 727-642-3404 Fax 727-953-6803 South Florida - Lynne Hernandez PO Box 566263 Miami, FL 33256-6263 Office 305-598-FRLA (3752) Cell 305-710-3962 Fax 305-598-3753

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Inspector Continued from Page 27

Event Calendar 2011-2012 n NRA/FRLA Bob Leonard Golf Classic Wednesday, September 7, 2011 ChampionsGate, Orlando For more information about this event, Contact Dan Murphy at 850-224-2250 ext 235 or For more information:

Gain a Fresh Perspective on Your Business ® n Florida Restaurant & Lodging Show Thursday-Saturday, September 8-10, 2011 Orange County Convention Center, Orlando For more information about this event, Contact Ray Kimball at 850-224-2250 ext 241 or or Susan Aronson at ext 226 or

n FRLA Fall Board Meeting Thursday-Friday, September 8-9, 2011 Orlando For more information, Contact Sandy Moore at 850-224-2250 ext 245 or

n FRLA The BIG Party Friday, September 9, 2011 Cuba Libre Restaurant & Rum Bar, Orlando For more information about this event, Contact Katie Bone at ext 258 or

n FRLA Social Media Marketing Summits November 15, 2011 Broward County Convention Center For more information about this event, contact Dan Murphy at 850-224-2250 ext 235 or For more information:

n FRLA Winter Board Meeting & Installation Banquet Monday-Wednesday, December 5-7, 2011 Emerald Grande, Destin For more information, Contact Sandy Moore at 850-224-2250 ext 245 or For more information: w w w.Res t au ra n t A nd Lodgi

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The law requires this training occur within 60 days of hire, however, the best practice for a new restaurant owner is to have them trained prior to opening your business. In addition, all food managers must be certified by passing an approved examination within 30 days of hire. Compliance with a majority of these items and willingness to repair non-compliant items, along with correction when possible during the inspection will provide an excellent basis for a positive relationship with the inspector. Correct food safety techniques may help to drive down operating costs. Violations don’t just “tarnish” your reputation. Incorrect food safety procedures and improper or broken equipment might cost more than an inspection violation. Your customers could become sick or worse. Ask questions, take notes, make corrections whenever possible. Consider your inspector an “unpaid” consultant available to assist you in containing your operating costs. When the facility has been fully reviewed, the inspector will request to sit down and complete his “paperwork”. Upon completion, the PIC, supervisor or manager should sit down with him and go over the inspection discussing each item on the checklist that was noted as a violation. An action plan and timeline for correction should be established and agreed on by both parties. The Inspection Report must be signed by the PIC. Appreciating the inspection report’s findings, knowing that once a violation has been observed; it must be recorded, and working within the timelines for correction will gain positive respect for your operation by the inspector. The management of the Department of Business and Professional Regulation see the relationship between the inspector and the licensee as a “two-way street”. Both the inspector and the licensee must work collaboratively to create a positive relationship. Secretary Ken Lawson said it’s critical for inspectors to treat business owners and licensees with respect, and the cornerstone of those good relationships are open lines of communication. “Restaurant and lodging establishment owners should be treated fairly and with respect by their inspectors,” said Secretary Lawson. “They should feel comfortable asking the inspector questions and should expect a high standard of professionalism during the inspection.” The Secretary said business owners should also feel free to contact inspectors’ district managers and ask questions about the inspection or any treatment they received. “The Department welcomes feedback from its licensees about how it may improve its processes, including food ser-

The inspector will look at all aspects of your operation including but not limited to: • • • •

• • • • • • • • •

• • • • • •

• •

• •

approved garbage facilities dishwashing facilities approved shelving heating and cooling food units in good working order and provided with thermometers food stored, prepared and held at correct temperatures portable fire extinguishers provided and working hood system adequate and working correct waste disposal facilities LP/natural gas tanks and or CO2/helium tanks working and correctly stored hand washing facilities adequate, stocked and accessible consumer signage posted and included as necessary oyster warning and undercooked animal protein signage bare-hand contact with food not permitted unless working under an Alternative Operating Plan (you can access details about this from FRLA) backflow devices are present and working adequate lighting installed and correctly protected no use of extension cords whether chemical test kits and thermometers are provided and used floors, walls and ceilings in good condition facility constructed of non-absorbent material and effectively prevent pests from entering restaurant pest control exterior and bathroom doors must be selfclosing and a covered waste receptacle must be located in women’s room choking poster present and visible to employees and hand washing signage present and adequate.

vice and lodging inspections,” said Lawson. The real winner in the creation and maintenance of a positive relationship between the inspector and the operation is the guest. Serving more than 10,000 members across Florida, FRLA is committed to safe-guarding the needs of the hospitality industry and improving the business climate.  Led by Carol Dover, President/CEO, and an active Board of Directors, FRLA has influenced legislation resulting in over $1.2 billion in tax and fee savings over the past decade. To learn more about the FRLA, visit or call 888-3729119 to find out how you can get involved. Susie McKinley is the Editor of FR&L Magazine and is a former Director of the Florida Division of Hotels & Restaurants. F lo r i da R estau r a n t & Lo d g i n g  


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Food Manager Training & Testing Schedule To register, call toll-free 1-866-372-SAFE (7233) or visit Registration for training begins at 8:00 a.m. and for exam at 12:30 p.m. unless otherwise noted. Dates subject to change. Bradenton July 27, Aug 31, Sept 28 Courtyard Marriott 100 Riverfront Drive Clearwater Aug 1, Sept 12, Oct 3 Holiday Inn Select 3535 Ulmerton Rd.

Daytona Beach July 20, Aug 10, Sept 14 Holiday Inn 2620 International Speedway Blvd Deerfield Beach Aug 2, Sept 1, Oct 3 Hilton 100 Fairway Drive

Ft. Lauderdale Jul 27, Aug 23, Sept 27 Embassy Suites 1100 SE 17th St Causeway

Ft. Pierce Aug 4, Sept 1, Oct 6 UF Indian River Research 2199 South Rock Rd.

Ft. Myers July 28, Aug 18, Sept 22 Holiday Inn Downtown 2431 Cleveland Ave.

Ft Walton Aug 16, Sept 13, Oct 12 Holiday Inn Resort 573 Sana Rosa Blvd

DUNKIN’ BRANDS One great brand. Two great opportunities.

Franchise with a leader.





Learn more about Dunkin’ Donuts and Baskin-Robbins at: Call: 1-877-9-DUNKIN (938-6546) Email: Gainesville July 26, Aug 16, Sept 20 Best Western Gateway Grand 4200 NW 97th Blvd. Islamorada Aug 23, Sept 29, Oct 24 The Islander Resort MM 82.1, US Hwy 1

30  J UNE /J ULY

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Ocala Aug 2, Sept 6, Oct 11 Homewood Suites 4610 SW 49th Rd

Jacksonville Aug 1, Sept 7, Oct 3 Wyndham Riverwalk 1515 Prudential Drive

Orlando (Spanish Dates*) July 20, Aug 17 Aug 8*, Sept 12, Oct 10 Holiday Inn Resort Castle 8629 International Drive

Jacksonville Beach Aug 10, Sept 14, Oct 12 Quality Inn Oceanfront 11 North 1st Street

Orlando - FRL Show Sept 8 Orange County Conv Ctr 9800 Internationl Dr

Key West Aug 8, Sept 13, Oct 13 Doubletree Grand Key Resort 3990 S. Roosevelt Blvd

Panama City Aug 11, Sept 15, Oct 13 Gulf Coast Comm College Gibson Lecture Hall 5230 W. Hwy. 98

Kissimmee Aug 8, Sept 7, Oct 10 Seralago Hotel and Suites 5678 Irlo Bronson Mem. Hwy

Pensacola July 25, Aug 22, Sept 26 Pensacola Civic Center 201 E. Gregory St

Lake City July 18, Sept 12, Nov 15 Country Inn & Suites 350 SW Florida Gateway Dr Lakeland July 21, Aug 11, Sept 15 Ramada 3260 Hwy 98 North Mandarin Aug 17, Sept 21, Oct 19 Ramada Inn Mandarin 3130 Hartley Road Melbourne Aug 11, Sept 8, Oct 13 Holiday Inn 8298 N Wickham Rd Merritt Island July 21, Aug 18, Sept 15 Clarion Hotel 260 E Merritt Island Cswy Miami (Spanish Dates*) July 25, Aug 15, Sept 19 Aug 4*, Sept 1*, Oct 6* Hilton Miami Airport & Towers 5101 Blue Lagoon Drive

*2006, 2007, 2008, 2009 Brand Keys Customer Loyalty Engagement Index **Entrepreneur Magazine, Franchise 500 Issue, January 2008 ©2010 DD IP Holder LLC. All rights reserved.

Miami Lakes Oct 11 , Nov 8 Courtyard by Marriott 15700 NW 77th Ct

Naples Aug 11, Sept 15, Oct 6 Quality Inn and Suites 4100 Golden Gate Pkwy

Port Richey Aug 15, Sept 19, Oct 17 Days Inn & Suites 10826 US 19 North Sanford Aug 2, Sept 6, Oct 18 Springhill Suites Marriott 301 North Towne Road Sarasota Aug 3, Sept 7, Oct 5 Hampton Inn 5995 Cattleridge Road St. Augustine July 27, Aug 24, Sept 28 Holiday Inn Express & Suites 2300 State Road 16 Tallahassee July 28, Aug 25, Sept 23 Day’s Inn Monroe Street Conf Cntr 2714 Graves Road Tampa (Spanish Dates*) July 21, Aug 9, Sept 22 July 25*, Aug 29*, Sept 26* Clarion Hotel 2701 E Fowler Ave West Palm Beach Aug 11, Sept 12, Oct 17 Holiday Inn Airport 1301 Belvedere Rd

F lo r i da R estau r a n t & Lo d g i n g A s so ci at i o n

7/27/11 1:09 PM

Council of State Restaurant Associations ~ 40 State Restaurant Associations

Join the revolution … and discover how you can improve your restaurant. The National Restaurant Association, Council of State Restaurant Associations, 40 state restaurant associations and Heartland Payment Systems® have joined forces to upgrade the crucial business services of every restaurateur. Full Course Business SolutionsSM — an exclusively endorsed suite of payments products and services — does just that, helping you reduce expenses, enhance operations and increase profitability.

Full Course Business Solutions Card Processing • Check Management • Payroll Services • Tip Management Services To learn more about how this movement can help revolutionize your restaurant, visit and call 866.941.1HPS (1477) x150. © Copyright 2010 National Restaurant Association. All rights reserved. © 2010 Heartland Payment Systems, Inc.

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OP_REST_FC_1_10 - 02.10 F lo r i da R estau r a n t & Lo d g i n g   31

7/27/11 1:09 PM

WANT TO LOWER YOUR OPERATING EXPENSES? OUR ENERGY-EFFICIENCY REBATES CAN HELP. Lower your expenses by increasing the energy efficiency of your hotel or restaurant. Progress Energy’s rebates make energy-saving, bill-lowering upgrades easier and more affordable than ever. SAVE ENERGY AND MONEY WITH OUR ENERGY-EFFICIENCY REBATES. UPGRADE




Up to 40% of lighting costs

Up to $5 per light for every fixture replaced

Packaged Terminal Air Conditioning Coil Cleaning

Up to 20% of heating and cooling costs

Earn $15 per unit cleaned

Demand Control Ventilation

Up to 20% of ventilation costs

Earn up to $50/ton incentive with all electric equipment *Other requirements may apply.

To get the savings started, schedule a free Business Energy Check by calling 1.877.372.8477. ©2011 Progress Energy Florida, Inc.

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FRL Jun/Jul 2011  

Florida Restaurant and Lodging Magazine June/July 2011 Issue

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