HOPE PEACE UNITY NMA Member Businesses Provide a Safe Environment Where Our Diverse Community is Always Welcome
May the Spirit of Christmas Bring Us Together
Issue 55, 2020 | the Official Publication of the Neighborhood Market Association
Issue 55 Executive Board Of Directors Samir Salem Executive Chairman Mark Kassab Vice Chairman Nashat Damman Treasurer
FEATURE ARTICLES
Steve Mattia Secretary & Chairman: Education & Compliance
2
Executive Chairman’s Message: Hope, Peace, Unity
3
President’s Message: Optimism Despite New Restrictions
Naseem Salem Past Chairman
4
Why Incorporate? by General Counsel, David Jarvis
5
Congratulations to Elected officials
6
Urgent Community Alert
7
Flavor Ban Suspended A Million Signatures Submitted
8
San Diego County Approved Tobacco Retail License Ordinance
8
California Providing $500M In Virus Aid For Small Businesses
9
NMA Letters To Governor Gavin Newsom
Sam Attisha Chairman: Events & Networking Committee Firas “Russ” Soro Chairman: Programs Endorsement Committee Rony Georges Chairman: Community & Government Relations Salam Moshe Chairman: Membership & Marketing Committee Molly Sylvester Chairwoman: Communities For Safer Vaping Ghassan Namou Executive Board Member Saeed Somo Executive Board Member Ayad Zaitona Executive Board Member Remon Mansour Executive Supplier Member Robert Wolf Executive Supplier Member Neil Sorensen Executive Supplier Member Jason Rowe Executive Supplier Member President Arkan Somo General Counsel David C. Jarvis
The Voice is the official publication of Neighborhood Market Association. To advertise contact Aysel Bakhtiyarova at 619-313-4400 or nma@NeighborhoodMarket.org
10 Care And Communication Are Key To Managing Labor In The Covid-19 Era
11 Personalized Employee Handbook 12 NMA Golf Tournament 15 NMA Works Closely With Industry Partners To Advance Its Members Interests
15 Amazon Lockers At C-Stores Draw In Customers 16 Annual Turkey Drive By NMA Members 17 Sexual Harassment Prevention 17 Renewed Hopes For A Covid-19 Stimulus Package 18 Limit Covid-19 Liability For Businesses 19 Be Aware Of Your Storm Water Runoff 20 U.S. House Votes To Legalize Marijuana 21 California Legislative Update 22 California 2020 Propositions Result 23 Supplier Membership Application 24 Retailer Membership Application
HOPE, PEACE, UNITY
T
his year, we have faced and overcame many personal and professional difficulties that challenged every aspect of our lives. Covid-19 has reshaped our world. Many lives were lost and many others will be changed forever. Hoping to see the light at the end of the tunnel, has kept us all moving forward and, adapting to the new norm. Family-Owned Businesses were already under pressure prior to the pandemic, struggling to compete with the ever-growing online world and facing lower profit margins. Although the government has now lifted some lockdown restrictions, challenges remain when it comes to vacationing abroad, attending cultural events, and most people are still being encouraged to work from home. Shopping has become one of the few socializing options available. The future of family-owned businesses more accurately satisfies the desires of all consumers with a fragmented, changing sense of identity. NMA members are rewriting history for the industry, a success story for retailers with a very loyal and culturally unaffected customer base. The NMA applaud the family-owned businesses who continue to stock shelves and serve customers, all while maintaining a safe and healthy shopping experience. We not only have come up with innovative ways to keep our customers safe and healthy despite the tragedies of covid-19, but we have also found ways to keep our businesses open successfully and continue to provide the necessities for our everyday lives. Peace in our community will make this holiday season all the more special and being with our families and loved ones will fill our lives with that peace. We will hold each other closer in unity and appreciate our lives and diversity. This is the everlasting strength that will keep our community and country united despite all the challenges. May the God of hope fill you and your families with joy and peace as you trust in a brighter
future for our great country. With gratitude and appreciation and on behalf of every NMA member we wish you a merry Christmas, happy holidays and a healthy and prosperous New Year.
Samir Salem Executive Chairman
| 2 |
OPTIMISM DESPITE NEW RESTRICTIONS
2
020 is coming to an end and before we could celebrate, California has been put under yet another lockdown. The additional restrictions and protocols on residents and businesses has been due to the recent rise of Covid-19 cases spiking numbers of those in need of critical care. While being mindful of this, the Neighborhood Market Association also urges government representatives on all levels not to ignore the repercussions this has caused for our thousands of family-owned businesses. It is an economic crisis that we’ll continue to advocate on behalf of our members to fight to keep your businesses open. Also, we must get people back to work and kids back to school. The approved vaccine will be delivered to First Responders and those most vulnerable to the virus, a historical accomplishment in medicine. This is the hope America brings to us yet again in the darkest of times to help us back up and it is a great honor to be a part of such a great nation. We are just a few weeks out from the 2020 Presidential Election and there are still millions of Americans unhappy. We must remember this happens every election despite this year feeling substantially more divisive. We must acknowledge that despite such, we always come together as a nation and 2021 will be no different. Putting aside political differences, there has been a proposed relief package that will include federal unemployment benefits, state and local government funding for small businesses, billions in vaccine development and distribution and more. Specifically, it will also include a temporary moratorium on coronavirus-related lawsuits filed against companies in which the NMA and other business associations are urging Congress to put into law to protect small businesses from frivolous lawsuits. We must work together to protect the goodness of America in every sense and every way. The latest issue of The VOICE will be released soon to speak in more depth about the current standing of relevant issues to our members, events and much more. God Bless and stay safe this holiday season.
Arkan Somo President
| 3 |
WHY INCORPORATE? BY DAVE JARVIS, NMA GENERAL COUNSEL
I
f you have been a retailer long enough, particularly one that employs people, you have probably had some experience with the legal system. Whether it be an ADA lawsuit, a labor board complaint filed by an employee, a customer injury at the retail location, or any number of other situations involving attorneys and courts, or worse, involving the government. These “what if” situations are a big reason why people incorporate their business. In brief summary, incorporating a business is when you form a corporation that you own, and then transfer your retail business to the corporation. At the end of the process, the corporation is the legal owner of the retail business, and it is managed by you as the president of the corporation. Incorporation does not solve all problems, though. It doesn’t protect the business from its liabilities, but it would protect you from those business liabilities. It further costs money to have your retail business owned by corporation. While there are initial incorporation fees that attorneys charge, more relevant is the annual accounting fees, FTB fees, and other expenses associated with maintaining a corporation which usually run about $1,500-$2,000 per year. So, the big question is “why incorporate?” The benefits include: 1) Keeping the liability target off your back. The corporate-owned retail business is always still a target for potential liabilities, but you personally are no longer the target. Combined with good insurance policies, this provides many of my client’s comfort. This is particularly true with retail businesses that hire employees. 2) The corporation is liable for the activities of the retail business, not your other assets. Many of my clients own numerous assets each within a corporation or other limited liability entity. While this structure comes at a cost, such structure further prevents a liability from affecting all other assets. 3) Tax planning options. I always recommend clients discuss incorporation with their CPA prior to incorporating. As part of that discussion, I
recommend they discuss any potential tax benefits to operating a retail business in a corporation. 4) Future gifting opportunities to family members. As my clients get closer to retirement, corporations can be a good vehicle to gift ownership interests to kids without losing control of business operations. 5) Stock ownership plans for key employees. Many clients want to give equity interests to long-time employees/managers. Corporations are a fantastic way to accomplish this while also maintaining control of business operations (and getting back ownership if needed!). 6) Provides a clear structure for operations when there are multiple owners. Operating as a partnership, particularly without anything in writing, between business partners is fine…. until it isn’t fine. This is particularly true when your business partners are family members. Incorporations provide clarity not just on ownership percentages, but also management and operational matters that are frequent sources of disputes between co-owners. There are many other considerations involved with incorporating but these are the most common considerations I see. While starting and maintaining your corporation can be a bit of a pain, if the process is well-explained by your legal professional it’s pretty straightforward. There is quite a bit of paperwork, which I know many clients dread, but again it’s pretty straightforward and much of it is handled by your attorney. And once the corporation is set up and established, it is largely just to business as usual. A good business attorney and CPA in your corner makes a big difference, too. Have a happy holiday. __________________________________________________________
In his 22-year career, Dave Jarvis has formed many nonprofit organizations, including charitable organizations, churches, educational nonprofits, homeowners’ associations, and trade organizations. He also serves as a board member for the Boys & Girls Club of Greater San Diego.
| 4 |
| 5 |
| 6 |
FLAVOR BAN SUSPENDED A MILLION SIGNATURES SUBMITTED
T
he State of California Flavored Tobacco Ban will no longer go into effect on January 1, 2021. SB 793 was signed into law earlier in 2020 banning flavored tobacco products and it was going into effect on January 1, 2021. The California Attorney General’s office has agreed that the CA Flavor Ban is now suspended because of the referendum filed with the California court. The California Coalition for Fairness published a statement announcing the submission of more than a million signatures from registered voters, which exceeded the required 623,312, to place the referendum on the 2022 ballot. If the referendum qualifies as expected, the CA Flavor Ban will remain suspended until
the issue is decided by California voters at the next statewide election. Please Note: This CA ban does not override the local tobacco bans that might be in place. Please ensure you understand and follow your specific municipality regulations.
| 7 |
O
SAN DIEGO COUNTY APPROVED TOBACCO RETAIL LICENSE ORDINANCE
n November 17, the San Diego County Board of Supervisors had the second consideration and adoption of the Tobacco Retailing Licensing (TRL) ordinance: an ordinance adding and repealing provisions in the San Diego county code regarding the sale of tobacco products in unincorporated areas of San Diego County. NMA worked tirelessly with the County Board of Supervisors and was successful in modifying two important provisions in the ordinance. The ordinance no longer mandates the age of clerks to be 21 years old to sell tobacco products. The ordinance will allow the transfer of a tobacco retail license from the owner to immediate family members, which it didn’t allow in the initial proposal and establishing licensing fees. The Neighborhood Market Association supports some of the provisions of the TRL Ordinance because the NMA believes that retailers should play a positive role in helping to eliminate youth access to tobacco products. At the same time, the NMA is deeply concerned with some of the provisions in this
T
ordinance that will have a devastating effect on every family-owned business who engages in selling tobacco products in the unincorporated areas of San Diego County. These provisions go beyond the original proposal of TRL and the direction given by the county board of supervisors to the county staff on October 15, 2019. The board voted 4-1 with Kristin Gaspar opposing the ordinance. During the board’s October 27th meeting supervisors voted 3-2, with Jim Desmond and Gaspar opposing on the first reading of the ordinance. Like any ordinance approved by Board of Supervisors, it would only apply to unincorporated areas of San Diego County. For more information, visit https://www.sandiegocounty.gov/hhsa/tobacco/
CALIFORNIA PROVIDING $500M IN VIRUS AID FOR SMALL BUSINESSES
he COVID-19 pandemic has hit small businesses significantly this year, presenting challenges to the businesses, employees and owners. According to an August Small Business Majority survey, data found that 44% of small businesses are at risk of shutting down. To assist those businesses, Gov. Gavin Newsom announced November 30, the state will offer temporary tax relief and $500 million in aid to small businesses impacted by COVID-19 restrictions. The governor's office says the total tax relief, if fully utilized, is estimated to have billions in impact. The tax measures include a three-month automatic extension of the income tax payment deadline for those paying less than $1 million in sales tax and expansion of a program allowing businesses with up to $5 million in sales to reach agreements on interest-free tax payments. Interest-free payment options also will be expanded for larger businesses, Newsom said. “California’s small businesses embody the best of the California Dream and we can’t let this pandemic take that away,” Newsom said in a statement. “By
providing potentially billions in immediate relief and support, our small businesses can weather the next month.” The tax relief and grants are designed to provide aid until the Legislature can meet in the new year and work with the governor to provide more relief, Newsom said. “This is not the end,” Newsom said at a news conference. “This is just the beginning of a bridge.” Many small businesses are struggling to stay afloat after months of restrictions and lower sales because of the COVID-19 pandemic, which in recent weeks has surged to record levels, prompting a nearly statewide nighttime curfew on nonessential work, movement and gatherings. Learn more: https://www.gov.ca.gov/2020/11/30/governornewsom-announces-immediate-assistance-forbusinesses-impacted-by-covid-19-including-temporarytax-relief-and-500-million-in-grants/
| 8 |
NMA LETTERS TO GOVERNOR GAVIN NEWSOM NMA REQUESTED RECOGNITION OF ITS MEMBERS AS ESSENTIAL BUSINESSES
T
he Neighborhood Market Association sent letter to Governor Gavin Newsom, requesting the continued recognition of family-owned businesses such as convenience stores, gas stations, retail stores and their suppliers as essential businesses during the COVID-19 public health emergency. As COVID-19 cases increase around the country and as we head into the winter season, some Governors are issuing executive orders to limit hours of operations at some businesses.
The NMA believes that it is important to remind executive offices that family-owned businesses play a critical role in providing fuel, food and other household necessities as well as offering critical access to services and goods that are essential for the ongoing function in their communities. Family-Owned Businesses offer unique access to these goods and services based on their proximity and non-traditional hours of service, as well as offering a safe and quick transaction with the average time in a store being under 4 minutes.
The NMA works closely with executive offices to ensure its members are protected.
FAMILY-OWNED BUSINESSES NEED COVID-19 VACCINE ACCESS
T
he NMA joined other industry trade groups to seek second priority for employees of essential businesses for a COVID-19 vaccine when it becomes available— once health-care workers are vaccinated for the disease. In a letter sent to Governor Gavin Newsom, the NMA appreciates the Centers for Disease Control, (CDC), for its playbook guiding state and local health
departments in planning how the vaccination will be distributed. The playbook states that Health-care professionals will get first priority in Phase 1-A, followed by Phase 1-B— distribution to essential workers of businesses that are part of the critical infrastructure’s workforce. That priority group would include frontline workers in the convenience and fuel retailing industry and related food and fuel distribution sectors.
| 9 |
The NMA urged the governor to recognize the significance employees of family-owned businesses provide working in convenience and fuel retail businesses to ensure our economy flows efficiently and productively. Thus, we asked to make NMA members an essential business and to qualifying to receive distribution of the vaccine in Phase 1B.
CARE AND COMMUNICATION ARE KEY
M
TO MANAGING LABOR IN THE COVID-19 ERA
aintaining staffing and keeping everyone safe and healthy in the throes of a pandemic is no easy feat. As essential businesses, convenience store operators had to address several challenges all at once, from securing personal protection equipment (PPE) to establishing health screening protocols to coping with employees fearful of showing up for work. As the pandemic continues, convenience store operators are relying on care, communication and creativity to attract, retain and protect their workforces amid the ongoing uncertainty. ENSURING SAFETY Safety is the top priority for both employees and customers. Workers not only have to be safe; they must also feel safe. SAFETY SUPPLIES: Despite early uncertainty about the nature of the virus, c-store operators jumped in quickly to secure PPE and safety equipment such as hand sanitizer, cleaning supplies, signage, and plexiglass. Some operators discontinued high-touch services like self-serve hot foods to reduce exposure. Safety isn’t just good business practice; it’s also the law. Some c-store operators have already received state labor department citations for failing to train, screen, record and enforce safety requirements related to COVID-19. HEALTH SCREENINGS: One major task has been establishing a process to ensure every employee reporting to work is healthy. While some retailers use thermometers and apps for this purpose, others rely on the trust they have developed with their staffs and simply run through a checklist with a manager at the start of each shift. CLEANING AND SANITIZATION: Most locations have also increased the frequency of their cleaning, and made sure this was visible to customers to make them feel more comfortable shopping in their stores. In fact, the International Council of Shopping Centers found 66 percent of consumers want to see frequent cleaning/sanitizing to feel comfortable shopping. COMMUNICATION: Perhaps most important has been two-way communication with staff. C-store managers are not only keeping staff informed about all of
the safety-related changes to their jobs and workplaces, but also listening and responding to the concerns and feedback of those executing these processes in stores every day. ATTRACTING AND RETAINING STAFF Maintaining staffing in a convenience store, which may have a handful of employees or even a single employee working a shift, becomes even more challenging when a COVID-19 exposure can take someone out of commission at any moment. C-stores have had to deal with turnover challenges, including staff choosing not to work, staying home to collect federal benefits, or leaving for other industries offering higher wages. Operators have had to get creative to ensure they can cover all shifts and continue delivering the customer experience they promise. These strategies include: Raising wages, temporarily or permanently, or offering COVID-19 bonuses. Both approaches work to attract and retain workers so c-stores don’t lose them to competing employers such as Amazon and grocers: Amazon has boosted pay and hired 175,000 additional workers since the start of the pandemic. Increasing scheduling flexibility. Working closely with employees to accommodate their personal needs in scheduling can help increase job satisfaction and retention. More aggressive recruitment. Operators report that the end of federal unemployment benefits eased some of their hiring challenges, but ensuring a full workforce is an ongoing challenge. Boosting productivity. Another approach is to identify strategies to make each worker more productive: eliminating paperwork, modifying processes, and leveraging new technology such as automated scheduling or self-checkout. The pandemic has brought new challenges to an already competitive labor market for convenience stores. This has forced c-store executives to be creative and innovative to successfully pivot their businesses, including the way they manage their workforces. Authentic communication, smart use of labor and a caring, community-centric culture are all key to weathering the effects of COVID-19 and whatever the future brings.
| 10 |
| 11 |
2020 NMA GOLF TOURNAMENT Title Sponsor
Crest Beverage
Corporate Sponsors
Anheuser- Busch Longest Drive: Alex Niestrom
Southern Glazer's Wine & Spirits
Trepco West
Closest to Pin: Sam Cholugh
Sycuan Casino & Resorts
Winner: Team Western Pump
| 12 |
2020 NMA’s Golf Tournament Title Sponsor
Crest Beverage Our Tournament Corporate Sponsors Anheuser-Busch, Southern Wine & Spirits, Sycuan Casino Resort, TrepcoWest Our Foursome & Hole Sponsors Allison-McCloskey Escrow, Beam Suntory, Boston Beer Company, Casamigos, Chatham Imports, Clase Azul, Constellation Brands, Coronado Brewing Company, El Monte, Four Roses, Gallo Wine, Heaven Hill, Heineken, Infinium Spirits, Jägermeister, LiMandri & Jonna, Luxco, Mark Anthony Brands, Moolson Coors, Neighborhood National Bank, Nickie Heath Insurance, OAP Packaging, Pacific Wine & Spirits, Pepsi Co, Phusion Projects, R. J. Reynolds, United Beverage, Reyes Coca-Cola, Vamonos Riendo, Western Pump, Young’s Market Company and the entire NMA Executive Board
Our Contributors Blue Bunny, Certified Access, Copy 2 Copy Signs, DaVinci's Fine Foods, Haisha Insurance, Hempacco, Michael Kennedy Insurance, Paul Diaz Insurance, San Diego Cash & Carry, San Diego Ice Company and Soapy Joe.
| 13 |
| 14 |
NMA WORKS CLOSELY WITH INDUSTRY PARTNERS TO ADVANCE ITS MEMBERS INTERESTS
N
MA President, Arkan Somo, attended the Food Industry Association Executives (FIAE) 93rd Annual Convention, which is the hallmark event of the Association. The FIAE is a national professional association representing local, state and regional food association executives since 1927, who in turn represent over 95 percent of the grocery retail industry. The Convention Committee planned an interactive virtual event with similar programming to
the in-person convention. The two-day meetings event focused on networking between association executives and sharing important information for the professional growth of their prospective associations. FIAE members and their employees interchanged ideas and advanced the agenda of the food and beverage industry to serve as a vehicle for retailers. NMA will be working closely with other partners to secure a health insurance program for association members.
AMAZON LOCKERS AT C-STORES DRAW IN CUSTOMERS More retailers are installing the package retrieval system in their stores. In Fresno, California the owner of Johnny Quik Food Stores placed Amazon Lockers at his stores. “I think the neighborhood appreciates it, and I think the neighborhood really welcomed us when we opened,” George Beal told the Business Journal. “The lockers are a convenience to the neighborhood.” Other convenience stores have recently added Amazon Lockers, too. Quic Shop Manager Bob Smith said the process was relatively painless, given that Amazon itself initiated the installation
and provided security cameras for surveilling the lockers. “The only thing it needs me for is just power,” Smith said, adding that already he’s seen an uptick in traffic because of the lockers. Miguel Arias, Fresno City Council president, strongly recommended retailers have lockers inside their stores. “It’s normally not safe to operate them outside,” Arias said. “We’ve had zero vandalisms and issues with the ones that are in interior businesses. … They can be a benefit to the neighborhood if they’re secure.
| 15 |
ANNUAL TURKEY DRIVE BY NMA MEMBERS
T
he annual tradition of giving out hundreds of Turkeys to the communities NMA Members serve gets bigger in the mist of COVID-19 pandemic. The health crises have left many families without a job, struggling to pay bills and worrying about putting food on the table. Due to these hardships, many of the NMA members doubled their turkey drive this year. During the Thanksgiving, hundreds of families lined up in front of NMA members markets to
receive a free turkey. Appropriate measures were taken to ensure the health and safety of attendees during the distribution. Earlier this year NMA members stepped up by distributing thousands of COVID-19 safety kits that included masks, sanitizers, and gloves. We are proud of our members who have always found ways to give back to our communities, especially, this holiday season.
| 16 |
SEXUAL HARASSMENT PREVENTION TRAINING
C
MANDATED JANUARY 1, 2021
alifornia employers with 5 or more employees, (including those located out of state), are required to provide this training to all employees before Jan. 1, 2021. This includes seasonal, migrant, and temporary workers that have worked one day for the employer. At least two hours of effective training to all supervisory employees on the prevention of sexual harassment, discrimination and retaliation must be completed every two years. All new supervisors must be trained within six months of hire or 100 hours worked. Supervisor Employees are required to take at least a two-hour
course, while nonsupervisory employees must take at least a one-hour course. California considers a supervisor to be anyone with the authority to hire, fire, assign, transfer, discipline, or reward other employees. A supervisor can also be anyone who can recommend these actions. Online sexual harassment training courses: https://www.dfeh.ca.gov/shpt/
RENEWED HOPES FOR A COVID-19 STIMULUS PACKAGE
C
ongress is finally realizing they cannot go home for the holidays without providing some kind of aid to the citizens of this nation and their families. The NMA is anticipating by the time this issue is published, Congress will pass a stimulus package to bring relief to families and small businesses everywhere during this holiday season. Congress faces mounting pressure to act before Dec. 31 on a new stimulus measure. Though an agreement has not been concluded as of yet, Congress and the White House are still trying to negotiate terms of a stimulus which has not been done since spring. The stimulus plan
is focused on providing aid to jobless Americans, small businesses, health-care and vaccine-related funds and short-term federal protection from COVID-19 related lawsuits. As coronavirus cases surge nationwide and states are reinstating restrictions aimed at limiting the public’s exposure to the virus, economic experts agree the economy needs additional government support. Congress has just a few weeks left on the legislative calendar and the details of a stimulus package have yet to be passed, however, this brings us hope that families everywhere will have the help they need during the holidays.
| 17 |
LIMIT COVID-19 LIABILITY FOR BUSINESSES
T
NMA joined NACS and 37 associations in a coalition letter asking Congress to address liability in the next coronavirus relief bill.
he Neighborhood Market Association is part of a broad coalition of 37 industry associations who are seeking a legislative fix for liability. Congress must act soon to protect businesses that have taken necessary precautions to protect employees and customers from COVID-19 while providing goods and services. In a letter sent to Senate Majority Leader Mitch McConnell (R-KY), Senate Minority Leader Charles Schumer (D-NY), House Speaker Nancy Pelosi (D-CA) and House Minority Leader Kevin McCarthy (R-CA), NMA along with other associations asked Congress to address the issue of liability during the pandemic in the next piece of COVID-19 legislation. “Throughout this public health crisis, these companies and their employees have strived to support their fellow Americans by providing them with many necessities of life: food, water and beverages, medication, fuel, and other goods and services, including financial services,” the letter states. “Businesses have worked hard
to serve their communities, overcoming numerous hurdles, such as constantly changing health guidelines and supply shortages, in order to do so. These businesses that have taken responsible steps to mitigate the spread of the virus should not face costly and harmful litigation simply because they are open to the public during a time when we all face a highly contagious virus.” NMA and the signatories support the SAFE TO WORK Act in the Senate and the Get America Back to Work Act in the House, both of which shield all businesses that make an effort to protect customers and workers from the coronavirus lawsuits. “We are not asking lawmakers to shield bad actors. Liability protection should not be given to any business that willfully ignored the risks of the spread of COVID-19 and committed gross negligence,” the letter continues. “Rather, businesses that made reasonable, good faith efforts, to keep their doors open in a way that was safe for their communities should be protected from liability.”
| 18 |
C
BE AWARE OF YOUR STORM WATER RUNOFF
ities and Counties around the state have many regulations and protocols they enforce on a daily basis. Whether at home or in our cases, neighborhood markets or gas stations; whatever the case may be, no one is exempt from these regulations. One regulation that could easily be overlooked and possibly violated is Stormwater Compliance. If Best Management Practices, as these local municipalities refers to it, are not being followed by businesses or an individual, they could be subjected to Stormwater Compliance Inspections which may also result of fines. All areas of industrial or commercial activities occur are required to be inspected at least once every 5 years. However, frequent inspections may occur based on past inspection results, or at the City’s discretion. Inspections may occur for residences or businesses when the city deems it necessary and may also be complaint driven. Here is a list of possible violation reasons if BMP is not being followed: Wash water, leaks and spills, or solid materials from activities observed by storm drains or in the street Dirty grease bins or trash areas; pet waste Broken or inoperable dumpster lids Uncovered and/or uncontained hazardous materials or liquids Vehicle leaks that could potentially lead down to storm drains
HERE ARE SOME TIPS YOU CAN USE FOR BEST MANAGEMENT PRACTICES: Ensure there are no leaks or spills going into storm water drains Practice good housekeeping outdoors Sweep driveways or parking lots so there’s no debris that could lead down to drains Do not have garbage bins overflowing Keep areas around storm drains clean Do not wash down driveways or parking lot areas where oil can possibly flow down into drains As our members, we want you to be cognizant of inspections conducted by the City. However, keep in mind inspections may vary depending on local regulations and permits so contact your city to inquire about the regulations in your area.
| 19 |
T
U.S. HOUSE VOTES TO LEGALIZE MARIJUANA
he Democrat-controlled U.S. House of Representatives voted 228 to 164 to remove marijuana from the federal list of controlled substances, marking the first time either chamber of Congress has voted to ease restrictions on marijuana since a ban was imposed in 1970, the Washington Post reports. Although passage in the Senate appears unlikely, it’s a step toward lifting the barrier to nationwide sales of cannabis and providing a framework for its taxation. The Marijuana Opportunity Reinvestment and Expungement (MORE) Act, sponsored by Rep. Jerry Nadler (D-N.Y.) who introduced it in July 2019, would regulate and tax cannabis production and create grant programs for people or communities affected by the federal crackdown on illegal drug use. It also would expunge some federal marijuana convictions dating back to 1971. Fifteen states already allow use and sales of marijuana by adults for recreational purposes, and medical marijuana is legal in 36 states. If cannabis is legalized at the federal level, states would still decide how to regulate cannabis commerce within their borders. For convenience and other retailers who sell CBD products, legalizing marijuana at the federal level would
eliminate the gray area that many have been operating in for years. It could also open the door for state regulators to allow marijuana sales in convenience stores and would ease commerce for the multibillion-dollar cannabis industry that faces a patchwork of state and local laws in the states that have legalized marijuana. “It’s reached a critical tipping point where the basics of letting someone work and do their job consistent with state law and state licenses runs against the federal prohibitionist stance of Republicans,” according to Randal John Meyer, executive director of the Global Alliance for Cannabis Commerce, the Washington Post reports. “That tension can’t hold; it’s reaching past the breaking point.” In December 2018, the Farm Bill’s passage legalized the sale and use of hemp-based CBD products, but not food and beverages containing the substance. Ingestible products are regulated by the U.S. Food and Drug Administration, which FDA has sent numerous warning letters to manufacturers selling CBD products in ways that allegedly violate the Federal Food, Drug and Cosmetic Act. (Hemp seed-derived food ingredients don’t require FDA approval.)
| 20 |
CALIFORNIA LEGISLATIVE UPDATE CALIFORNIA MINIMUM WAGE INCREASES On January 1, 2021, California minimum hourly wage will go up to $13.00 for 25 or fewer employees and $14.00 for 26 or more employees.
COVID-19 SUPPLEMENTAL PAID SICK LEAVE On September 9, 2020, the state of California extended paid sick days to employees exposed or testing positive to COVID-19 and not previously covered under the federal FFCRA. For additional guidance related to COVID-19 for employers and workers, please visit: https://www.labor.ca.gov/coronavirus2019/
FAMILIES FIRST CORONAVIRUS RESPONSE ACT The Families First Coronavirus Response Act (FFCRA) requires certain employers to provide eligible employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19. The U.S. Department of Labor has additional information on the FFCRA requirements and eligibility
FAILURE TO PAY WAGES - SENATE BILL 688 Failure to pay wages: penalties. Existing law makes an employer or other person acting individually or as an officer, agent, or employee of another person who fails to pay or causes a failure to pay an employee a wage less than the minimum wage subject to citation by the Labor Commissioner, a civil penalty, restitution of wages, liquidated damages, and certain other applicable penalties. This bill would also provide that if the Labor Commissioner determines that an employer has paid a wage less than the wage set by contract in excess of minimum wage, the Labor Commissioner may issue a citation to the employer to recover restitution of the amounts owed.
EMPLOYEE SICK LEAVE - ASSEMLY BILL 2017 Employee: sick leave: kin care. Existing law requires an employer who provides sick leave for employees to permit an employee to use the employee’s accrued and available sick leave entitlement to attend to the illness of a family member and prohibits an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave to attend to such an illness. This bill would provide that the designation of the sick leave taken under these provisions is at the sole discretion of the employee.
EXPANDING TIME OFF - ASSEMLY BILL 2992 Employment practices: leave time. (2) Existing law also prohibits an employer with 25 or more employees from discharging, or discriminating or retaliating against, an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work for any of specified purposes, including seeking medical attention for injuries caused by domestic violence, sexual assault, or stalking. This bill would prohibit the discharge of, or discrimination or retaliation against, an employee who is a victim, as defined, for taking off work, as specified.
EXPAND CA FAMILY RIGHTS ACT - SB 1383 Unlawful employment practice: California Family Rights Act. This bill would expand the California Family Rights Act to make it an unlawful employment practice for any employer with 5 or more employees to refuse to grant a request by an employee to take up to 12 work-weeks of unpaid protected leave during any 12-month period to bond with a new child of the employee or to care for themselves or a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as specified. The bill would define employee for these purposes as an individual who has at least 1,250 hours of service with the employer during the previous 12-month period, unless otherwise provided.
EXEMPTION FOR MEAL OR REST PERIOD AB 2479 Rest periods: petroleum facilities: safety-sensitive positions. Existing law prohibits an employer from requiring an employee to work during a mandated meal or rest or recovery period, as specified. Existing law requires an employer who fails to provide an employee a mandated meal or rest or recovery period to pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest or recovery period was not provided. Existing law provides certain exemptions from these requirements. Existing law provides, until January 1, 2021, an exemption from the rest period requirements for specified employees who hold a safety-sensitive position at a petroleum facility, as defined, to the extent that the employee is required to carry and monitor a communication device and to respond to emergencies, or is required to remain on employer premises to monitor the premises and respond to emergencies. Existing law requires another rest period to be authorized in the case of an interrupted rest period, as prescribed, and, if circumstances do not allow for the employee to take a rest period, requires the employer to pay the employee one hour of pay at the employee’s regular rate of pay for the rest period that was not provided. This bill would extend that exemption until January 1, 2026.
| 21 |
C A L I F O R N I A 2020 P R O P O S I T I O N S R E S U L T S NMA ENDORSED PROPOSITIONS The NO on PROP 15 campaign was successful to prevent massive increase in annual property taxes resulting in higher cost of living. The NO on PROP 16 campaign was successful to allow diversity as a factor in public decisions. The YES on PROP 22 campaign was successful to allow App-Based Drivers to be considered independent contractors.
OTHER PROPOSITIONS PROP 14 Bonds to continue stem cell research PROP 17 Restores the right to vote after prison term PROP 18 Gives 17-year-old primary voting rights. Prop 19 Changes certain property tax rules PROP 20 Parole restrictions for certain offenses PROP 21 Expands governments’ authority to rent control PROP 23 State requirements for Kidney dialysis clinics PROP 24 Amends consumer privacy laws PROP 25 Eliminates money bail system | 22 |
PASSED PASSED FAILED PASSED FAILED FAILED FAILED PASSED FAILED
NEIGHBORHOOD MARKET ASSOCIATION “Empowering Family-Owned Businesses”
SUPPLIER MEMBERSHIP APPLICATION Three Levels of Annual Membership Fees* Memberships are based on Twelve Months (12) from this date _____/_____/________ BUSINESS INFORMATION
__Wholesales/
___Manufacturer
Distributor
___Service
___Broker
___Other (specify)
Bank________________
Provider
Business Name: Business Address: Street: ___________________________________________________ City:
County:
Business #
State:
Zip Code:
Fax #
Billing Address: Street: ____________________________________________________ City:
County:
State:
Zip Code:
Contact Person #1:
___________________ (Last)
___________________ (First)
________________ Title
Email:
Mobile # (_____) _____-___________
Contact Person #2:
___________________ (Last)
Email:
___________________ (First)
________________ Title
Mobile # (_____) _____-___________ PAYMENT INFORMATION
_____$500 Annual Membership for companies with 1-10 employees _____$1000 Annual Membership for companies with 11-25 employees _____$1500 Annual Membership for companies with 26 or more employees _____ Check here if you do not want $50 of your membership fee to go towards the NMA Political Action Committee
□ Please check the appropriate box(s) if you are interested in participating in the following: □ NMA Annual Banquet □ NMA Annual Golf Tournament □ NMA Annual Buying Trade Show □ Advertising in the NMA Publications Donation Type
NMA Political Action Committee Law Enforcement Reward Fund Membership Legal Defense Fund
$50
$100
$500
$1000
Other
____ ____ ____
____ ____ ____
_____ _____ _____
______ ______ ______
______ ______ ______
Please make check payable to Neighborhood Market Association or NMA Office Use Only: _____/___________QB
___/_______________PKT ___/_____________
Mail Application and Payment Dues to: Neighborhood Market Association 6367 Alvarado Court Suite 204, San Diego, CA 92120 For additional information call NMA staff at 619-313-4400 Or email at NMA@neighborhoodmarket.org
| 23 |
NEIGHBORHOOD MARKET ASSOCIATION “Empowering Family-Owned Businesses”
RETAILER MEMBERSHIP APPLICATION Reduced Annual Membership Fee* $250 per location Memberships are based on Twelve Months (12) from this date _____/_____/________ BUSINESS INFORMATION
Business Name_____________________________________________________________________ Address___________________________________________________________________________ City_________________
County_____________
Business # (____) _____________ Corporation:
□ Yes
□ No
State________________
Mobile # (____) ______________
Zip Code____________
Fax # (____) _______________
Corp. Name _____________________________________________________
Billing Address _______________________________________________________________________ City_____________________ County __________________State __________________Zip________________ Contact Person _________________________________ Title (owner, mgr., etc.) ______________________________ (Last)
(First)
Email: _____________________________________________________ How many other retail businesses you own directly or indirectly? _____________________________ REFERRED BY: _______________________________________________________________ PAYMENT INFORMATION Annual Membership ____
*$250 per location (separate applications must be submitted for each location)
□
Check box if you do not want $50 of your membership fee to go towards the NMA Political Action Committee.
□
Please, check box if you are interested in joining the NEW NMA Buying Group so we can send you additional information. Donation Type
$50
$100
$500
$1000
Other
NMA Political Action Committee Law Enforcement Reward Fund
____ ____
____ ____
_____ _____
______ ______
______ ______
Membership Legal Defense Fund
____
____
_____
______
______
Please make check payable to Neighborhood Market Association or NMA
Office Use Only: _____/___________QB
___/_______________PKT ___/_____________
Mail Application and Payment Dues to: Neighborhood Market Association 6367 Alvarado Court Suite 204, San Diego, CA 92120 For additional information call NMA staff at 619-313-4400 Or email at NMA@neighborhoodmarket.org
| 24 |
Supplier Directory BANKING Bank of America Merchant Services Hanmi Bank Neighborhood National Bank
Evian Anguis Nizar Dahdouh Nora Seiba
(619) 241-3583 (858) 467-4815 (619) 592-6268
Evian.Anguis@bankofamericamerchant.com nizar.dahdouh@hanmi.com nseiba@mynnb.com
BOOKKEEPING/ACCOUNTING SERVICES San Diego Business Advisors Sontera Group
Steven Leibold Irina Tatarenko
(619) 294-4286 (760) 672-7416
sleibold@sdbizadv.com irina@sonteragroup.com
CHIPS & SNACKS Frito-Lay
Melanie McCurdy
(310 497-9147
melanie.mccurdy@pepsico.com
GRAPHIC DESIGNER Coyote Press Graphics
Victoria Vinton
(520) 818-6495
victoria@coyotepressgraphics.com
HOUSING SERVICES Newland Co
Rita Brandin
(858) 875-8219
rbrandin@newlandco.com
ICE CREAM & ICE SUPPLIERS Blue Bunny San Diego ICE Company
Thomas Kazemeini Anthony Toma
(619) 919-3920 (619) 688-1999
info@rockicecream.com anthonyt@sandiegoiceco.com
INSURANCE SERVICES Falcon West Insurance Brokers Nickie Heath Insurance Agency Paul Diaz Insurance Agency
Matthew Portillo Nickie Heath Paul Diaz
(619) 890-3220 (858) 487-3737 (310) 213-2217
matthew@falconwest.com nickie@nickieheath.com paul@pauldiazins.com
LEGAL SERVICES Law Offices of Gloria, Weber & Jarvis STratege Law
David Jarvis Scott Scheper
Continental Express Money Order Co
Mark Gorney
(619) 322-3144 (619) 677-5800
davejarvisii@yahoo.com Scheper@scheperlaw.com
MONEY ORDERS (714) 667-8440
mgorney@ccurr.com
RESTAURANTS & RESORTS Royal Palace Sycuan Casino Town & Country
Namir Mattia Lauren Morrow Alex Nath
(619) 442-9900 (619) 445-6002 (858) 877-1409
Royalpalace05@yahoo.com lmorrow@sycuan.com anath@towncountry.com
PRINTING & PUBLISHING PIP Printing
(619) 528-8000
Jay Levine
jlevinepip@sbcglobal.net
SOFT DRINKS Pepsi Co
Robert Wolf
(949) 279-7924
robert.wolf@pepsico.com
TOWING SERVICES USA Towing & Recovery
Basil Raffo
(619) 444-1800
basilraffo@yahoo.com
UNIFORMS SERVICES UniFirst
Jesse Dagget
(800) 225-3364
Jesse_Daggett@unifirst.com
WHOLESALERS FOR GROCERIES, MERCHANDISE & TOBACCO PRODUCTS Altria Hempacco Packaging San Diego Cash & Carry Trepco West West Coast Hookah & Glass
Miguel Lopez-Vergara Sandro Piancone Jeff Mansour Al Paulus Remon Mansour
(804) 484-8394 (775) 473-1201 (619) 441-9842 (619) 690-7999 (619) 444-1053
miguel.r.lopez-vergara@altria.com spiancone@hempaccopackaging.com jeff@mysdcc.com al@trepco.com info@westcoasthookah.com
WINE & SPIRITS SUPPLIERS Anheuser-Busch BuZZ Box Gallo Wine Sazerac Southern Glazers Wine & Spirits Young’s Market Company
Jason Rowe Bob Lienhard Steve Kozar Sherri Haupt Neil Sorensen Scott Blackburn
(619)392-3596 (760) 578-4111 (858) 547-0204 (619) 922-2326 (714) 724-7929 (858) 537-2808
jason.Rowe@anheuser-busch.com bob@buzzbox.com stephen.kozar@gallowineco.com shaupt@sazerac.com neilsorensen@sgws.com swblackb@youngsmarket.com
We are very grateful to our Suppliers for their Sponsorship and Participation in the NMA and its Events.