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Contents • APRIL 2018 Articles

AdvertiSers

04 This Month’s New & Renewal Members 05 President’s Message 05 Director’s Voice 06 Thoughts from a CCE 07 Card’s Corner 08 $how Me the Money! 10 Association Announcements 11 On Your Marks... Get Set... Go! The 2018 NICA Membership Contest is Off and Running! 12 A Blast from the Past! 13 Never a Dull Moment 14 What is Asset Forfeiture? 16 Preparing for Your Future! The NICA Scholarship Program Deadline Has Been Extended 17 Navigating the New NICA Website 18 Hats off to Sysco Houston 21 Getting to Know Your Regional Council Members

30 Allied Specialty Insurance 02 Coca-Cola 09 Fanestil 28 Fare Foods 27 Hummel Group 29 JKJ Workforce 28 K&K Insurance 29 Morty Pride 17 Mr. G’s 09 Soda Parts Express 19 & 20 Source1 Purchasing

Events 29 Coca-Cola Membership Contest 30 2018 Events Calendar Dedicated to strengthening relationships with the Fair, Festival, and Special Events Industries through effective communication, education, benefits, leadership, and solutions The National Independent Concessionaires Association, Inc. is a Florida Corporation with an Editorial and General Office located at 1043 E. Brandon Blvd., Brandon, FL 33511 • Off ice: (813) 438-8926 • Fax: (813) 803-8460 • Online: www.nicainc.org The information contained in this Publication is based upon sources believed to be reliable. Readers should not act without professional advice. Cover to Cover © 1993-2018 NICA, Inc. All Rights Reserved. Spring has Sprung! April 2018 NICA News

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This Month’s Newest Members! Eric Albro

Katie Greene

Angelo Aldnini

Dennis Haack

Midway Foods Albion, NY Leo’s Lunch LLC Torrington, CT

Michele Anderson Dan’s Fried Dough Somerville, MA

Katie’s Concessions Myakka City, FL Haack’s Concessions Wenona, IL

Doreen Miller

Millers Homemade Soft Pretzels Millersburg, Ohio

Kurt Miller

Michael Hasselman

JAK Concessions / Porky’s Lafayette, IN

Atlantic Concessions LLC Chesterfield, Va

Craig Minnich

Frank Kastl

Airgas, LLC Largo, FL

G & J Concessions Ruskin, FL

Kastl Amusements Casagrande, AZ

Taylor Collazo

Lisa Kellogg

Fairplay Games Ocklawatta, FL

Donna Kramer

O’Briens Food Service Valrico, FL

Brian Linville

Oberst Concessions Franklinville, NY

Frankie Carpenter

Mason’s Food Service Pinckneyville, IL

Randy Drake

The Zaar, LLC Eustis, FL

Donald ‘’Zack’’ Duhé

Sir Windsor Enterprises Stanley, ND

Sharon Duhé

Sir Windsor Enterprises Stanley, ND

Daffy Apple Corp. Denver, CO Floyd’s Enterprizes Reinholds, PA Linville Food Service Wintersville, OH

Katie Linville

Linville Food Service Wintersville, OH

Adriaan & Melissa Erasmus Jason McGrath Lee’s Concessions Faribault, MN

Samantha Fairlie

The Pretzel Lady, Inc Saint Augustine, FL

Doughboy Newington, CT

Dale Negus

Jody O’Brien

Lorie Oberst

Danny Ottaway

Danny’s Rides and Concessions Derby, KS

Ben Pfeffer

Tons of Fun Foods Douglasvill, PA

Laura Porter

Mason Miller

Mason’s Concessions Pinckneyville, IL

Fare Foods DuQuoin, IL

Trampas Porter Fare Foods DuQuoin, IL

Soni Ryan-Hochmuth

K & R Concessions LLC Seaford, DE

DeDe Sattler, Jr.

Sattler’s Leather & Hats Bonita Springs, FL

Thomas Sattler, Jr.

Sattler’s Leather & Hats Bonita Springs, FL

Brian Shenkman

Mickey Shanks, Inc. West Palm Beach, FL

Joseph Sofo

Playland Amusements Auburn, NY

Roberta Sofo

Playland Amusements Auburn, NY

Caitlyn Sullivan

Wilson Concessions Hamburg, NY

Ted Wentz

Big Fun Enterprises LLC Keil, WI

Lora Westphal

Carnival Eats and Treats LLC North Fort Myers, FL

Welcome to all 40 of our Newest Members! See Page 29 for the 2018 Membership Contest Leaderboard.

“Together We Can!”

This Month’s Member Renewals Ron Ames

Rob Barona

Jody Conklin

David Drake

Pat Armstrong

Bess Brinkley

Lindsey Constantine

Leonard Dunford

Bary Bunts

Mark Davis

Wayne Duval

Black Kettle Caldwell, ID (2016) Cornbelt Concessions Bloomington, IL (2011)

Rose Marie ‘Rosie’ Ash Bob’s Concessions Palm Harbor, FL (2010)

Stacey Barona

Giant Ride, Inc. Roseville, MN (2015)

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April 2018 NICA News

Giant Ride, Inc. Roseville, MN (2015) McBride Concessions Walnut Cove, NC (2015) The Apple Cart, LLC Ellsworth,OH (2016)

Moose Joose Slush Mooresville, NC (2014) Red’s Red Apples, Inc Valrico, FL (2014)

Log Cabin Concessions Coarsegold , CA (2014)

Drake Concessions Lancaster, OH (2008) The Eatery Lenox, MI (2001)

The Sundae Factory Green Bay, WI (2013)

Joe Cetor

Forever Concession Trailers Austintown, Ohio (2016)

►► “Renewals” continued on page 8


President’s Message Regional Councils, which is overseen by Rey O’Day (Executive Director of Councils) she has successfully lead the West Council for ten plus As some of you have years. Jessica Gottsche is pulling double duty already hit the road and in leading the Northeast Council and the newly other’s are soon to embark formed Southeast Council. I recently sat in on a on your route for the season, Northeast Council meeting during Florida Week, NICA itself is pulling out the roadmap for its annual journey. and was much impressed by the leadership of the It’s that time of the year to plan group and the free flow of ideas was fantastic! I am optimistic that Jessica will find the passion in the organizations direction our Southeast Members to fill the new Council and with Strategic Planning of Long and Short Term Goals, Fundraising, Industry continue to blaze the trail! It’s important to realize that a majority of our fundraising comes out of Events to name a few. The Board of Directors are divided into several committees, along with many the Councils through the Social Gatherings and Rallies. One of the fastest ways for us to connect Members and multiple Past Presidents. These groups cover our Voice of the Industry, Financial/ to Members is through our Social Media platforms, so if you have a great picture from an event or Budget, Membership, and Benefits Committees. important information that should get out right Each Committee Chair is tasked with pulling away shoot it over to Jessica for review to post. together their panel, scheduling meetings, I encourage all members to get involved with evaluating if goals were met and development of a Fair Communication Committee, volunteer to a new set of tasks and present the ideas of that help with a NICA social event or just reach out to committee on a regular basis to the full Board a new Vendor and tell them the benefits that our to vote on the direction. As President, I, along organization brings to you! with Executive Director Michelle Card, serve as Remember that “Time” is our best investment Ex-Officio on all Committees. Another important ...and “Together We Can!” ▲ avenue of NICA’s grassroots momentum is our

Dan Lusenhop, President

Director’s Voice Daryl Whicheloe, CCE, Director

informative and a lot of fun. A lot of time and effort goes into planning and organizing As I sit here in Southern events that strengthen NICA as an organization Oregon writing this, on one of and also benefit you as members, so please get the first days of Spring, the involved and you will be glad you did. snow is coming down and The NICA Office is also very busy gearing up New York is getting its fourth for the Summer. Under Michelle’s leadership her Nor’easter in as many weeks. team is doing a fantastic job. I want to give a It doesn’t feel much like Spring special thank you to Jesse for his work on the new but I know it is coming. Where NICA website. It has a great new look and is much ever you are, I hope you had a more user friendly with some new tools and ideas good winter and are looking forward to a busy and to better serve you, so please check it out and let productive Spring and Summer. the Office know how you like it. Your NICA Board of Directors and Regional I want to say thank you and welcome to Council Members are busy planning many social Linda, our newest team member. I met her at the activities and fundraising events for the year. I ►► “Message” continued on page 6 hope you all get to attend and enjoy as many of ►► “Voice” continued on page 7 these gatherings as possible. They are always April 2018 NICA News

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Past Presidents’ Council

Paulette Keene, CCE Joe Potillo, Jr. Greg Miller, CCE Tom Sattler, CCE Russ Harrison, CCE Officers Richard Busse, CCE President: Dan Lusenhop Tom Hodson, CCE 1st Vice President: Kathy Ross nd 2 Vice President: Don Delahoyde, CCE Jim Hodson, CCE (Deceased) Tim O’Brien, CCE Secretary: Sandy Class Ron Smith Treasurer: Jennifer Giordano Adam McKinney, CCE Mike Pence, CCE Directors Jack Woods, II, CCE Andrew “Bruno“ Broomfield Bob Hallifax, CCE Carmel Dyer-Pittroff Frank Parnell, CCE Richie George Larry Orme (Deceased) Kevin McGrath, CCE Larry Sivori Vincent Nelson Rich Wright Tim O’Brien, CCE Bill McKinney, CCE Mike Pence, CCE Arthur Pokorny, Jr. Jay “Rocko” Russell Gene O’Brien, CCE (Deceased) Daryl Whicheloe, CCE

Immediate Past President Dominic Palmieri, CCE

OFFICE STAFF

Executive Director: Michelle Card

michelle@nicainc.org

Executive Manager of Councils: Rey O’Day rey@nicainc.org

Communications & Marketing Manager : Jesse Willard communications@nicainc.org Interim Office & Membership Manager : Linda Frisco nica@nicainc.org

Northeast Council

Council & Social Media Coordinator : Jessica Gottsche jessica@nicainc.org

Council Members: Lindsey Constantine Kelly Grout Henry Mitchell Cameron Murray Vinnie Nelson Eddie Porcelli, III Tonio Viscusi

West Council Council Coordinator : Rey O’Day

Council Members: Jeff Ames Kim Barr Stacy Doane Ryan Long Erica Quintero Steve Vartanian Jay Wells Daryl Whicheloe, CCE April Wood

National Representatives Duane Fischer John Harkey David Higginbottom Charles Ivory, CCE Mike McGrath Kevin McGrath, II Etta Pence, CCE David Spann R. Josh Stremmel George Wandrey, Jr. Ted Wentz Nick White

Thoughts from a This month’s Statement of Communications & Management Philosophy is from Mary Wagner, CCE, Treat Truck Inc., who earned her CCE in 2001: “I try and live my personal and professional life by the Golden Rule. ‘Do unto others as you would have them do unto you.’ I try to be there for my fellow Concessionaires. You have to try and understand the different levels in the Fair operations and realize everyone out there is trying to make a good event. Whether we agree or disagree, there are many avenues open to use today that weren’t there a few years ago. I have been very fortunate in running my business by not having to hire outside help. I work with my grandchildren and have the opportunity to help shape their minds on how to treat people and instill good work ethics. I give them a lot of responsibility on managing the trailers and being responsible with the money. They have learned very young that the customer is the most important person out there and we aim to please. We are the Fairs and Festivals to live by the rule and with a little luck, and lots of God’s goodness, we hope to serve you for a long time.” ▲ The Certified Concessionaire Executive Program was developed to recognize the professionalism of Concessionaires. Visit the CCE website at www.nicainc.org/CCE for more details and to apply. 6

April 2018 NICA News


Card’s Corner Michelle Card, Executive Director

In late 2017, NICA successfully re-established our partnership with Pepsi to maintain your current National Pepsi Pricing and Rebate. The agreement extended the 2017 negotiation until December 31, 2018. At the end of 2018, NICA will again represent the membership in efforts to renew our agreement. To maintain our partnership with Pepsi, the National NICA Account must show growth. The only way NICA can show growth is by each NICA Member completing and submitting the Pepsi rebate form. Many NICA Members do not currently take advantage of the rebate program, so we have developed a system to assist you to do so. Here are the steps to complete the Pepsi rebate:

1. Take a photo with your phone or a scan of your Pepsi receipt with your Pepsi Customer Number (COF #) on it and email it

to pepsi@nicainc.org. Linda Frisco, NICA’s Membership Manager, will confidentially maintain your receipts throughout the year. 2. At the end of the year, you will receive an email from the NICA office that will include all of your Pepsi receipts and the details to file for your annual Pepsi Rebate. 3. Use the provided receipts to complete the Pepsi rebate form and send it off via mail. 4. Receive your rebate of .65 cents per gallon and enjoy dinner and a Pepsi!

I respectfully ask that you complete this process. Though to you it may not appear to add up to a lot of dollars, it does make a lot of “cents” to many of your fellow Concessionaires. This process will assist in maintaining the National Pepsi Pricing you currently receive as well as the Rebate. Should you have any questions or need your Pepsi Customer Number (COF #), please contact our office at pepsi@nicainc.org or at (813) 438-8926. Thank you for your time and assistance. ▲

“Together We Can Save!”

“Voice” continued from page 5 ►► NICA Business Expo and found she is a hardworking and dedicated person. I think we have a very energetic team in the NICA Office and look forward to seeing all of their achievements throughout the year. I recently had the opportunity to sit in on one of the Northeast Council meetings. They have been going for two years under the leadership of Jessica Gottsche. I have the pleasure of working with one of the council members, Vincent Nelson, who is also on the NICA Board. They, along with the rest of the dedicated Council members, have a lot of positive energy and are doing great things in that part of the country. I also want to remind everyone that NICA will be awarding $21,000 in scholarships this year. Applications are available online or by calling the Office with an extended deadline of May 31st. Don’t forget that part of the $21,000 is the Gene

O’Brien, CCE Vocational Scholarship in the amount of $2,000 for those attending a trade school. As always your NICA Board is working hard to serve you the Members and save you money. We have some fantastic Member benefits that in my travels and talking to many of you, I find that a lot of us (myself included) are not using as many of the benefits as we could. We as a Board are working on ways to make the benefits easier to use. To learn more about the benefits that are available I encourage you to look in your magazine, use the pull-out benefits guide, go to the website or call the Office at (813) 438-8926. I am sure you will all find a benefit you are not using, but could, quite easily. We all work very hard for our money and I want you to keep as much as possible. I wish you all a great season filled with all the usual enjoyment and challenges we experience in this Industry and hope to see as many of you as I can throughout the Summer. “Together We Can!” ▲ April 2018 NICA News

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$how Me the Money! Kevin McGrath, CCE, Director

One of the early benefits of NICA has always been the Pepsi National Pricing and Annual Rebate. Of the many benefits NICA offers, this one “Shows Me the Money” every year, averaging out to $1000. It is a little bit of work—but well worth it! I enjoy getting that check every year and you should too.

“Renewals” continued from page 4 ►► Carmel Dyer-Pittroff

Elizabeth Owens

Norman Keene

The Original Australian Battered Potatoes, LLC

Paulette’s Food Service Pinckneyville, IL (2003)

Balboa, CA (2007)

Scott Kolassa

Joan Ehlers

McMeen’s State Fair Taffy Webster, FL (2015)

James Elwell

JLT Concessions Clovis, CA (2017)

Kolassa Enterprises, LLC Churchville, NY (1993)

Cumberland Valley Concessions Bedford, PA (2015)

Darin Lusenhop

Jeanne’s Artichokes Camarillo, CA (2013)

Larry Habeck

Faith McGee

TBA Concessions, LLC Gibsonton, FL (2006)

Molnar’s Concessions Austintown, OH (2000)

Ryan Hagy

DeAnna’s Food Concessions Melbourne, Florida (2016)

Todd Hawkins

The Donut Family Inc. White Bear Lake, MN (2003)

Gary Pinkerton

Fred Pittroff

Steve Lepley

Fletcher’s Concessions Riverview, FL (2014)

Paizis Concessions, Inc. Fort Smith, AR (2008)

Jacqueline Leavitt

Brian Fike

Craig Fletcher

Hari Paizis

Fun Time Foods Tampa, FL (2017) Golden Wheel Amusements / The Legacy Group, Inc. Chugiak, AK (2015)

Betty J. Fike’s Food Corydon, IN (2008)

Blue Moon Tavern at the Park, LLC. Tampa, FL (2015)

Gary’s Fun Food Concessions, Inc. Broken Arrow, OK (2014)

Michael Kramer

Betty J. Fike’s Food Corydon, IN (2008)

Betty Fike

To make it easier NICA has devised method to help you keep track of your usage throughout the year (refer to Michelle’s article on the previous page). The old method of self-tracking will still be available if you prefer. Use whatever method is works best for you. The office will be happy to help. The more NICA Members that apply for Annual Rebates through Pepsi, the more ability NICA has to protect our national pricing for all members. Help us, to help you have Pepsi “Show YOU the Money!” ▲

Jim Molnar

Molnar’s Concessions Austintown, OH (2017)

Joshua Nicholson

Dr. Vegetable, Inc. Wanatah, IN (2017)

Giant Ride, Inc. Balboa, CA (1995)

Andi Price

Red Barn Elephant Ears Rochester, IN (2006)

Thornton Rodgers

Almost Heaven Concessions LLC Ronceverte, WV (2016)

Jeff Ross

Ross Concessions Sarasota, FL (1997)

Kathy Ross

Ross Concessions Sarasota, FL (1999)

Andrew Ross

Ross Concessions Sarasota, FL (2017)

Donna Ruhm

Del Mar Fairgrounds Solana Beach, CA (2013)

Jay & Karen Russell

Russell Foods Hughes Springs, TX (2015)

Harley Steiner

Charlie Cheese & Sons LLC DeFuniak Springs, FL (2017)

Nick Strates

Demetri’s Greek Foods Mt. Airy, MD (2009)

Tad Taylor

Taylor’s Doughboys II Mayo, FL (2017)

Keith Tompkins

Keith’s Restaurant & Concession Equipment Rock Falls, IL (2012)

Aaron Vincent

Metro Beverage, LLC New Boston, MI (2015)

Tonio Viscusi

Angela’s International Schenectady, NY (2015)

Angelica Ward

Wheelock Rides / CAC Concessions Syracuse, NY (2015)

Thank you to all 50 of our Renewal Members for your continued support.

“Together We Can!” 8

April 2018 NICA News


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April 2018 NICA News

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Association

Announcements Do you have any news that you would you like to share? Contact us at (813) 438-8926 or nica@nicainc.org

Our Condolences to the Markowitz Family It is with deepest sympathy that we report on the passing of a longtime NICA Member and Concessionaire Michael Markowitz. Our thoughts and prayers are with the Markowitz family during this difficult time. Michael’s family shared the following with us: It is with great sadness that the family of Michael Peter Markowitz announces his passing after a hard fought battle with cancer, at home on March 4, 2018, he was 75. Michael was born in Putnam, CT to Peter and Ida Markowitz. He attended college at the University of Connecticut - Agricultural Studies. For 36 years he and his wife, Michael Markowitz with Stacia, owned and operated Mike’s Concessions. He is survived by his Dan Lusenhop at the 2015 loving wife, Stacia, his mother, Ida Markowitz of Putnam, CT, children NICA Business Expo Steven Markowitz of Rocky Mount, VA, Ginny and son-in-law James Friedman of Brookline, MA, James and daughter-in-law Elizabeth Markowitz of Mechanicsburg, PA, Elizabeth Buzalski, of Thompson, CT and Patrick Markowitz of Rocky Mount, VA; his brothers, Paul and wife Cookie of Boise, ID and Max and wife Janet of Attawaugan, CT, sister, Merrie of Putnam and his brother-in-law Joseph Eber of Brooklyn, CT; eight grandchildren, Brandon, Jeremy, Mia, Hallie, Cayla, Samantha, James and Julia, one great grandson, Dax, and many cousins and nieces and nephews. He is preceded in death by his sister Joyce Eber and father Peter Markowitz. Michael will be remembered as a kind, strong, helpful man. He will be missed by his family and the many friends he made throughout his life. The family would like to thank Dana Farber Center in Boston for their constant, attentive treatment and care, Moffitt Cancer Center in Tampa, and Citrus County Hospice for the excellent work and loving care. At Michael’s request a private memorial service is planned. In lieu of flowers, the family asks that you consider a donation to St. Jude Children’s Research Hospital. ▲

Director Nomination Deadline is June 1st It’s that time again! NICA is accepting nominations for next year’s Board of Directors. Joining NICA’s Board offers many opportunities to have your voice heard, connect with other professionals in the Fair industry, and to further the cause of NICA. If this sounds like something you are interested in, we invite you to participate in the nomination process. To qualify, all that is required is a signed “Statement of Commitment,” an “Election Nomination Form” with 10 signatures supporting the nomination, a biography, and a photograph suitable for publication. The due date to get all materials to the office is June 1, 2018. All forms can be found online at www.nicainc.org/director-nominations and emailed to nominations@nicainc.org, faxed to (813) 803-8460, or mailed to 1043 E. Brandon Blvd. Brandon, FL 33511. This is your chance to be a part of the governing body of this great organization, so don’t delay! Call the NICA Office at (813) 438-8926 if you have any questions or need the forms sent to you. ▲ 10

April 2018 NICA News


On Your Marks... Get Set... Go!

The 2018 NICA Membership Contest is Off and Running in six new members while hosting NICA events. The Carnival Cruise Package was won by Lola NICA is a membership organization founded to Ramirez, J.L.Q. Concessions, for adding Jose serve its Members by strengthening relationships Quintero to NICA’s Membership. Each one had with the Fair, Festival and Special Events their name drawn randomly at this year’s NICA Industries through effective communication, 25th Anniversary Gala in February 2018. education, benefits, leadership, and solutions. Get your name in the game! Ask fellow Growing our membership is what vitalizes Concessionaires and Commercial Vendors “Are “Together We Can!” Inviting new Members and you a NICA Member?” even if you think they renewing continuing Members is something we, are. If they say “Yes,” then engage them in a as Members, should be doing whenever possible. conversation about what Benefits they find useful Coca-Cola Refreshments generously sponsors by looking through your 2018 Member Benefits our NICA Membership Contest with three different Guide with them. If they say “No,” then invite them prizes. Any NICA Member who successfully to join. Applications (both downloadable and refers a new or former Member receives one digital) can be found at www.nicainc.org, on the chance for each one to win $500. Kelly Sanders, inside back cover of each issue of NICA News, or Sanders Concessions, won that award this year possibly even in your stand, where you can carry for bringing in Angelica Escolero-Aguilar, the some of our trifold brochures with an introduction new operator of the Gingerbread House. Jay to NICA and our benefits. Call (813) 428-8926 for Wells, Wells Concessions, won $500 by bringing more information. Good luck! ▲

Rey O’Day, Executive Manager of Councils

Passing of NICA Member Dan Cross, State Fair Foods Daniel Harold Cross, better know as “Cream Puff” “Poppa” or “Dan”, 80, of Salisbury, NC passed away Friday, March 2, 2018 at his home. He was born February 18, 1938 in Syracuse, NY to the late Harold and Grace Wheeler Cross. Dan was a 1956 graduate of Lafayette High School in Upstate New York. He was a Veteran of the United States Army. Dan was the owner and operator of State Fair Foods and Cross Creek Cattle. He was a member of St. Peter’s Lutheran Church, the National Cattlemen’s Association, the Red Angus Association and NICA. Dan loved his cows, checking baby calves, reading, and watching Yankees baseball, Tarheels basketball and Panthers football. He never met a stranger, always had a smile, and made you feel important when you were in his presence. Dan loved his wife, children and grandchildren immensely. In addition to his parents, Daniel was preceded in death by his Brother, William “Bill” Cross. Daniel is survived by his wife of over 38 years, Joyce Ramsing Cross, whom he married October 12, 1979; five daughters, Heather Serrano and husband Frank Gericitano of Naples, FL, Deborah Darby Pringle of Gold Hill, NC, Rebecca Mary Darby of Davidson, NC, Jennifer Joyce Blume and husband Scott of Gold Hill, NC, and Danielle Cross Porter of Gold Hill, NC; son, David Harold Darby of Salisbury, NC; grandsons, Joshua Darby, Keith Pringle, and Daniel Porter; granddaughters, Shelby Pringle, Alexandra Kepley, Chloe Roberson, Abigail Jarem and Dakota Kepley; great-grandchildren, Griffin, Caroline and Noah Darby; brother, Thomas Cross; and a multitude of nieces and nephews. The funeral service was held on Tuesday, March 6, 2018, in the St. Peter’s Lutheran Church, Salisbury, NC, with Rev. Sean Barrett, officiating. Memorials may be made to St. Peter’s Lutheran Church, 2570 St. Peter’s Church Road Salisbury, NC 28146. ▲ April 2018 NICA News

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A Blast from the Past

Each month we will be featuring articles and photos that show a glimpse into the early years of NICA News. The first issue was in April 1993; here it is in all of its one-page, black-and-white glory:

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April 2018 NICA News


25 Years in the Making:

Never A Dull Moment

Linda Comer, Former Executive Director

Twenty-four years ago I interviewed for the position of secretary to a newly formed organization called NICA. I left a decade-long teaching career to accept the position. What a leap of faith! I believed in the mission of the organization and the people who hired me. I started working in my dining room. All of the NICA Office was delivered to me in four cardboard boxes. I was instructed to purchase a computer, printer, fax machine and a beeper. I was high tech and ready for action. In February 1994 I was asked to attend a meeting at the office of David Smith of Allied Insurance with Kevin and Gayle McGrath and Gene and SanDee O’Brien. The O’Briens were late arriving. During the meeting, David asked me a question. After I answered, Gene looked at me and said, “Who the hell are you?” We had spoken on the phone for my job interview but we had never met in person. Boy, did we make a great impression! We had a great laugh and David became someone I called upon many times when NICA needed a sponsor. Over the years I earned the promotion to Assistant Executive Director working under the late great Johnnie Holmes. He taught me many

Linda Comer with Treasurer Art Pokorny, Vice President Larry Orme, President Larry Sivori, 2nd Vice President Frank Parnell, and Secretary Bob Hallifax at the NICA Hospitality Suite during the 1998 IAFE Convention

things as we traveled to fairs, meetings, and conventions. As the organization grew, so did the office. Soon the office overflowed my dining room and we needed to hire an employee. We moved into office space in Cape Coral, FL. One of the first things I wanted was to hang a photograph of each NICA President. NICA News was a four-page publication in 1994. It was the single most time consuming part of my job. Everyone always wanted to see photos. In 1994 I had to wait for members to mail me photos. I loved doing interviews of members, sponsors and advertisers. Eventually Johnnie retired and I was promoted to Executive Director. What an honor. I look back at all that was accomplished during my tenure with NICA. I won’t take credit for any of it. We had very hard working and dedicated volunteers, directors and officers and their spouses. Together we earned respect within the Industry and of that I am most proud. It was my honor to be invited to the IAFE office, or to speak at the IAFE Convention or meetings, to visit fairs and festivals nationwide and represent the over 1000 members of NICA. In 2001 I made the very difficult decision to retire from NICA. I left with some of the fondest memories and greatest friendships which I still cherish. Congratulations NICA on your 25th Linda Comer, NICA Executive Director, with Narb Bartosik, IAFE President, and Bob Johnson, OABA Executive Director, Anniversary. Thanks for letting me be a part of at the 1999 Midwest Fairs Convention your history! ▲ April 2018 NICA News

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What is Civil Asset Forfeiture? Adapted from a resource on FindLaw.com

During this year’s Annual General Membership Meeting, a NICA Member brought up the topic of Civil Asset Forfeiture and suggested that NICA should cover the subject for the benefit of the Membership. We are happy to do so! So what is Civil Asset Forfeiture? The Department of Justice defines this program as encompassing “the seizure and forfeiture of assets that represent the proceeds of, or were used to facilitate” crimes, but could this take place even though someone was never convicted or pled guilty to a criminal offense? We certainly

Asset Forfeiture Statute

Law Enforcement Burden of Proof

Reporting Requirements and/or Where Forfeiture Proceeds Go

Alabama

Alabama Code § 20-2-93(h)

Preponderance of the evidence, Alabama can seize any property, proceeds or instrumentality of any kind if used in commission of a crime

None, 100% of forfeiture proceeds go to law enforcement

Alaska

Alaska Stat. § 17.30.112 (c), Alaska Stat. § 17.30.110

Reasonable suspicion that article being seized is related to a crime

None, 100% of property goes to law enforcement if the property is worth $5,000 or less and something other than money, and up to 75% in all other cases

Arizona

Ariz. Rev. Stat. § 132314.01, et. seq.

Preponderance of the evidence, but this may change due to HB 2477, may change to a “clear and convincing” evidence standard

Law enforcement agencies are required to file quarterly forfeiture reports with the AZ Criminal Justice Commission, which must aggregate those reports and submit them to the Legislature, Law enforcement keeps 100% of forfeiture funds

Preponderance of the evidence, but may change due to SB 727

Law enforcement must submit reports of seizures and final disposition to the Arkansas Drug Director, which maintains the Asset Seizure Tracking System database, 100% of forfeiture proceeds go to law enforcement

State

Arkansas

14

hope not, but since each state has a different policy, it is hard to pin down the specifics. We have outlined each state’s current program to get the conversation started, since many NICA Members travel across state lines in their annual route. We hope you find this as informative as we did.

April 2018 NICA News

Ark. Code Ann. §§ 5-64-505, 10-4-417)


California

Cal. Health & Safety Code § 11495, § 11488.4

A criminal conviction is required prior to forfeiture in any state case where the items seized are cash under $40,000 or other property such as homes and vehicles regardless of value due to SB443 signed by Governor Brown

California Attorney General required to compile annual aggregate forfeiture reports using data provided by counties, 66.25% of forfeiture proceeds go to law enforcement

Colorado

Colo. Rev. Stat. § 1613-701

Clear and convincing evidence, See HB 1313

Prosecutors are required to file annual forfeiture reports with the Department of Local Affairs

Connecticut

Conn. Gen. Stat. § 5436a

A criminal conviction is required prior to forfeiture, see HB 7146 signed by Governor Malloy in 2017

Seizing agencies must maintain an inventory of seized property, 69.5% of forfeiture proceeds go to law enforcement, except in cases of sexual exploitation, prostitution and human trafficking, when 100% of proceeds go to a victims’ compensation fund

Delaware

Del. Code Ann. tit. 11, §§ 4113, 4115

Probable cause, owner can rebut by a preponderance of the evidence

None, law enforcement can keep 100% of the forfeiture funds

District of Columbia

D.C. Code § 41-312

Preponderance of the evidence, but clear and convincing evidence for Motor vehicles, Real property and Up to $1,000 in currency Note: If the property is the primary residence of the owner, owner of the property must be convicted of the offense

Florida

Georgia

Fla. Stat. §§ 932.7061– 932.7062

Ga. Code Ann. § 9-1619

Attorney General and Metropolitan Police Department required to create aggregate forfeiture reports, All currency and proceeds from sales of forfeited property must be deposited in the general fund

Beyond a reasonable doubt that property is linked to a crime, see S B 1044

None, up to 85% of forfeiture proceeds go to law enforcement

Preponderance of the evidence

Up to 100% of forfeiture proceeds go to law enforcement, Required to report to Governing jurisdiction, State agencies, District attorneys with the state auditor, and Carl Vinson Institute of Government at the University of Georgia

►► “Asset Forfeiture” continued on pages 22 - 27 April 2018 NICA News

15


Preparing for Your Future! The NICA Scholarship Program Deadline Has Been Extended In 2018, NICA will award $21,000 in scholarships (up from 2017’s $17,000). We have strengthened the scholarship program with the addition of the Gene O’Brien, CCE Vocational School Scholarship last year and the Scholarship Program will continue to award one scholarship with a donation from Coca-Cola in honor of CCE-designated NICA Members. The remaining scholarships will be provided using donations from fundraising and the NICA Membership. Jacob Elomina, a past recipient, who submitted an application after learning about it from his grandfather reflected on winning a NICA Scholarship, saying “The NICA Scholarship meant more to me than I expected. I worked each summer at Fairs, for my grandfather, from the age of six through 16; the fairs were a really big part of my life, and continue to be.” Jacob, an accounting student at Florida State University has a little advice for you as you finish up your application: “Be yourself when applying. Don’t overthink anything. Be yourself when writing your responses and I’m sure the NICA Board will love it.” Dustin Kenna, a junior studying Supply Change Management and Information Systems at the Kelley School of Business at Indiana University shared how he felt about receiving one of our scholarships: “Winning the NICA Scholarship is one of my accomplishments that I look back on and feel a sense of pride. It confirmed how great the concessions industry is and the organizations that represent it, NICA. Winning this scholarship meant that my hard work in and out of the classroom had really paid off.” Callie Pfile, a pre-nursing student at Bowling Green State University, and 2017 NICA Scholarship recipient, reflected on the meaning of this award: “Winning a NICA Scholarship has meant more than words can describe. The fact that they care enough to help me with my college studies makes me feel extremely thankful and blessed. Going to college is expensive, but this scholarship is a positive way to help me reach my goals. For that, I am very grateful.” 16

April 2018 NICA News

Who can apply? • Any NICA Member in good standing for three years (including the current year) • Child of a new/current member • Grandchild of a new/current member • Employee of a new/current member for six months

What scholarships are available? • 1 Coca-Cola CCE Scholarship at $3,000 • 2 Gene O’Brien, CCE Vocational Scholarships at $2,000 each • 10 NICA Academic Scholarships: 4 at $2,000 each and 6 at $1,000 each

When is the deadline? The deadline is officially extended this year, so applications can now be received in the NICA Office by May 31, 2018 to qualify. Don’t delay, apply today! Start planning the steps for the next chapter in your life by applying for the 2018 Scholarship Program. Visit our new Scholarship Page at www.nicainc.org/scholarship to download a copy or fill it out online. For more information, contact the Office at (813) 438-8926 or scholarship@nicainc.org. Good luck! ▲


Check it Out!

Navigating the New NICA Website As mentioned last issue, this month we tackle some of the “hidden features” of our new website, which make navigating a whole lot easier. One of these features is the search bar, viewable in the header. Type in any topic you are interested in and it will search for relevant parts of our website; for instance, if you type in “transfer of ownership,” it will take you to the results page displaying “Voice in the Industry,” a page that lists NICA’s most recent accomplishments. On this page is a link to the IAFE/NICA Transfer of Ownership white paper that was published in our January/February 2018 issue. Another feature that allows for easier navigation is within your Online Member Account:

Since 1947

Benefits (last menu on the left on desktop; last menu on top on mobile). These links allow for easy access toy our member-only Benefit sign up pages. Last but not least is the Resources section, displayed as a folder icon on the top menu (both desktop and mobile). This section has Industry-related documents, benefit forms, the benefit guide booklet, benefit codes, and more! We hope this brief overview will help navigating the website a bit easier. Stay tuned for more website highlights next month! ▲

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17


Hats Off to Sysco Houston Rey O’Day, Executive Manager of Councils

You know you are in Texas when 10 gallon hats greet you everywhere. Dan Lusenhop, NICA President and Rey O’Day, NICA Executive Manager of Councils visited Houston with several projects in mind. When the floods came to Sysco’s hometown, Houston, they generously provided volunteers and food to numerous shelters. When the largest fair in the country, the Houston Livestock Show and Rodeo (HLSR) kicked off, Sysco was there as a very prominent sponsor. Under the leadership of Jennifer Hubbard, Director of Territory Sales Houston, and the passion and wisdom of Duke Dirksmeir “the famously retired” Premium Protein Manager Houston, Sysco supplies groceries to 90 cook off restaurants, 58 rodeo teams, and many more customers on the Independent Midway and RCS Carnival. The goal was to serve approximately 2,600,000 guests in 20 action packed days. Dan and I invited Mark Contreras, Vice President Contract Sales San Francisco, and Doug Marsh, Marketing Associate, to join us in immersing ourselves in the procedures and deliveries of Sysco to an event the size of Houston. We wanted to learn what we could about ordering, purchasing and delivering so we could bring those lessons back to the West Coast NICA Sysco Marketplace program. They executed procedures we know to be successful: trucks have to get there early, be staged effectively, and unloaded efficiently for groceries to be delivered

Dominic Palmieri, CCE, NICA Past President and Odyssey Foods, Mark Contreras, SF Sysco, Doug Marsh, SF Sysco, and Dan Lusenhop, NICA President, conferring at the HLSR

Rebecca Kelley, Director of National Account Sales at Sysco, Dominic Palmieri, CCE, NICA Past President and Odyssey Foods, and Rey O’Day, NICA Executive Manager of Councils, are out enjoying the night lights of the HLSR

BEFORE the gates open to the public. Orders have to be followed up and followed up on again… it is all about paying careful attention to details. Sysco did it as a team and masterfully. We also know that promoting food through every type of media is the key to keeping grosses up. The Midway Gourmet, Dominic Palmieri, CCE, regularly collected tasty treats and unique food items from many Vendors in order to spend hours with the media (often very early in the morning) promoting Food at the Fair! The favorites this year were Nitro Whip Kettle Korn and any and all items covered Items covered in in crunchy flaming hot crunchy flaming hot Cheetos! The cherry on Cheetos! the sundae is that Biggy’s of Odyssey Foods won the “Gold Buckle Foodie Award” for the Best Classic Fair Food category with their spicy Cholula turkey legs delivered by Sysco. It all worked… food grosses were up!

Rodger Smith, Sysco VP Billie Miclind, Duke Dirksmeir, of Business Development, Sysco (retired), and Ron Travel, Leisure & Retail, and McKinney, McKinney Food his fiancée Tammy grazing Service, placing orders their way through the HLSR


Sales, graciously hosted us for a working lunch where we discussed ideas that will raise the level of service for our NICA Sysco Marketplace customers. These ideas include developing a national order guide focused on the most used consumable items, hosting three pop-up food shows to spotlight deals at OpCo’s located near Fairs (stay tuned for locations), placing high volume items in stock rather than listing them as special order items, and working on ways to transfer this inventory from OpCo to Opco Dan Lusenhop, NICA President, Mike DeMarco, Executive in areas where there are shared routes. We are Director of Operations at the HLSR, and Rey O’Day, NICA also redefining the procedure for credit terms, Executive Manager of Councils discussing topics signing up for the program, and updating the Sysco Playbook full of terrific “how-to’s.” We are To be successful on any Fairgrounds one committed to truly becoming a more national must have a solid working relationship with the program with more consistency by buying larger operations team, so Dan and I went and visited on behalf of more so as to obtain a level of Mike DeMarco, Executive Director of Operations. As an interesting piece of trivia he said they have category management and therefore savings for 758 golf carts operating on the grounds. DeMarco our customers. To that end Mark Contreras is inviting the observed that food and beverage is a significant leadership of Sacramento, Modesto and Ventura revenue generator for the Rodeo. The key to the OpCo’s to join him in San Francisco with Rey and Fair and Vendors being financially successful is for his departments to provide good service at the Dan to engage in honest discussions regarding how to make the purchasing experience for the back door so that the Vendors can provide good NICA Sysco Marketplace more seamless in these service at the front door. He believes we need to territories. break down barriers and build bridges that tie Of course, no visit to a Fair is complete without Fairs and Vendors together; so, together they are visiting our friends and members. Rodger and his able to serve the Guest with high standards of fiancée Tammy and Rebecca joined Rey, Dan and respect and conduct. Dominic in a wonderful afternoon and evening of Rodger Smith, Vice President of Business grazing, celebrating RCS’s 25th year at Houston, Development, Travel, Leisure, and Retail and and learning the music tastes of the McKinneys Rebecca Kelley, Director of National Account and the artistic capabilities of Roger Sharp, Big Bubba’s BBQ and Sharp Concepts. Visiting Houston was another reminder that at Fairs we are all Family creating memories for the Guests all around us! ▲

NICA.Source1Purchasing.com

Visiting with NICA Members that you have never met before is one of the pleasures of visiting Fairs—Dan Lusenhop, NICA President, meets the owner of Saint Lucia Gyros, Alex Simeonidis, at the HLSR April 2018 NICA News

19


Getting to Know Your

Regional Council Members Rey O’Day, Executive Manager of Councils This month, we has the chance to interview the West Council’s very own Stacy Doane, based out of Yreka, California.

What is the name of your business and what do you sell? The official name of our business is SS Doane LLC DBA Pony Espresso.

What is your annual route? We start our year In Arizona and we are there from December to May, then we go into California and Oregon.

How long have you been a NICA Member? I am a brand new to NICA as I started in November Silas and Stacy Doane 2017. I had the privilege of Daryl Whicheloe, CCE recruiting me into NICA. What is your most valuable NICA Membership Benefit? Tell us about your family. Are they active in the I believe the most valuable would be the business? accidental death coverage; it allows us both to I have an awesome husband of 16 years, Silas have some peace of mind. Doane, and we have five children: Nathaniel, Silisha, Tancy, Michael, and Johnathan. We have What inspired you to join the West Council? 12 wonderful grandchildren. They have all been What inspired me the most to join the West active in our business; I love having the time to Regional Council was to be part of an organization travel and we get the chance to see them all grow that represents individual businesses. Being a and take an interest in making this business grow. voice and helping hand in education to improve the image of the Fair.

What do you hope the West Council accomplishes during your tenure? I hope the council accomplishes helping everyone to work together better. I believe one way is getting a communications committee at every event. “Together We Can!”

We appreciate your responses Ryan! What is the best way for a NICA Member to reach you? Pony Espresso serving customers at the Fair

The best way for a NICA Member to get in touch with me is (530) 598-9938. ▲ April 2018 NICA News

21


“Asset Forfeiture” continued from page 14 ►►

22

Hawaii

Haw. Rev. Stat. § 712A-16

Preponderance of the evidence

Office of the Attorney General required to aggregate law enforcement forfeiture reports and submit to the Legislature, 100% of forfeiture proceeds for various law enforcement projects

Idaho

Idaho Code § 37-2744

Preponderance of the evidence

None, 100% of forfeiture proceeds go to law enforcement

Illinois

725 Ill. Comp. Stat. 150/5, 720 Ill. Comp. Stat. 550/12

Probable cause unless property is worth less than $150,000 AND is not real property, the government doesn’t need to make any showing. Forfeiture is automatic in these circumstances unless an owner files a claim and deposits a bond worth the greater of $100 or 10% of the value of the property

Law enforcement must provide an inventory of drug-related seizures to the Director of the Department of State Police and reports of all property seized for forfeiture to the state’s attorney for the county, 90% of forfeiture proceeds go to law enforcement

Indiana

Ind. Code §§ 33-39-85(7), 34-241-4.5

Preponderance of the evidence, but see SB 8

Indiana Prosecuting Attorneys Council required to aggregate forfeiture reports submitted by judicial districts, no forfeiture proceeds go to law enforcement

Iowa

Iowa Code § 809A.13(7)

If a property is valued at under $5,000, the owner must first be convicted in criminal court before their property can be forfeited in civil court. See Senate File 446

None, 100% of forfeiture proceeds go to law enforcement

Kansas

Kan Stat. Ann. § 604117

Preponderance of the evidence

Law enforcement is required to submit forfeiture reports to their budgetary authorities, 100% of forfeiture proceeds go to law enforcement

Kentucky

Ky. Rev. Stat. Ann. §§ 15A.342, 218A.440

Clear and convincing evidence to forfeit real property but need only show “slight evidence of traceability” to a crime for other property

Law enforcement must report their forfeitures to the Office of the State Auditor and to the Secretary of the Justice and Public Safety Cabinet, 100% of forfeiture proceeds go to law enforcement

April 2018 NICA News


“In 2017, Attorney General Jeff Sessions announced a plan to bring back a federal program known as the “Equitable Sharing Program.” Under this program, state and local police agencies can collaborate with federal agencies to seize assets from individuals and then transfer those seizures to federal control. In doing so, local agencies can skirt some state-level regulations limiting forfeitures. The federal government eventually takes all the funds and sends 80 percent back to the state agency itself. This method has been sharply criticized for circumventing state laws in some cases.” - findlaw.com

Louisiana

La. Stat. Ann. § 40:2616

Preponderance of the evidence

Prosecutors required to file annual seizure reports with the state Legislature, 80% goes to law enforcement, remaining 20% goes to the criminal court fund

Maine

Me. Stat. tit. 15, § 5825

Preponderance of the evidence

No forfeiture proceeds go to law enforcement, all forfeiture proceeds go to the general fund with some exceptions

Maryland

Md. Code Ann., Crim. Proc. § 12601–602

Preponderance of the evidence, in most circumstances

None, no forfeiture proceeds go to law enforcement

Massachusetts

Mass. Gen. Laws ch. 94C, § 47

Probable cause

Law enforcement must maintain an inventory of seized property, 100 percent of forfeiture proceeds go to law enforcement

Clear and convincing evidence

Law enforcement required to file annual forfeiture reports with the State Police, which must compile those reports at the county level, submit them to the state Legislature, Up to 100% of forfeiture proceeds go to law enforcement

A criminal conviction is required for civil forfeiture

90% of forfeiture proceeds go to law enforcement, Law enforcement required to report forfeitures to the state auditor on a monthly basis, and the auditor must then make annual reports to the state Legislature

Preponderance of the evidence, See HB 812

None, seizing agencies must report their forfeitures to the Office of the State Auditor and to the secretary of the Justice and Public Safety Cabinet, 80% of forfeiture proceeds go to law enforcement (generally)

Michigan

Minnesota

Mississippi

Mich. Comp. Laws § 28.111– .117

Minn. Stat. § 609.5315

Miss. Code Ann. § 4129-179(2)

April 2018 NICA News

23


Missouri

Mo. Rev. Stat. § 513.607

Preponderance of the evidence and a criminal conviction or guilty plea

Agencies are required to report seizures to the prosecuting attorney or attorney general, who must then create annual aggregate reports and submit them to the state auditor, no forfeiture proceeds go to law enforcement, all go to fund schools

Montana

Mont. Code Ann. § 4412-207(1)

Criminal conviction required first, then a showing of clear and convincing evidence to forfeit property

None, up to 100% to law enforcement with some exceptions

Neb. Rev. Stat. § 28431

Beyond a reasonable doubt, unless the seizure is gambling-related, in which case the government’s burden is preponderance of the evidence, See LB 106

Agencies to provide detailed reports to the state auditor on assets they seize, 50% of forfeiture proceeds go to law enforcement

Nev. Rev. Stat. §§ 179.119, 179.1205

Clear and convincing evidence and a criminal conviction

Agencies must submit annual forfeiture reports to the Office of the Attorney General, and the attorney general must then aggregate those reports, up to 100% of forfeiture proceeds go to law enforcement, with some exceptions

New Hampshire

N.H. Rev. Stat. Ann. § 318-B:17-f

Criminal conviction as a prerequisite to civil forfeiture proceedings, clear and convincing evidence in civil proceedings, See SB 522

The attorney general must submit aggregate forfeiture reports to the state Legislature, up to 90% of forfeiture proceeds go to law enforcement divided in various ways

New Jersey

N.J.S.A. 2C:64-1

Preponderance of the evidence

None, up to 100% of forfeiture proceeds go to law enforcement

Clear and convincing evidence and a criminal conviction are required to forfeit property, see SB 202

Law enforcement is required to submit annual seizure and forfeiture reports to the Department of Public Safety, which must aggregate the reports, no forfeiture proceeds go to law enforcement, 100% goes to general fund

Nebraska

Nevada

New Mexico

24

April 2018 NICA News

N.M. Stat. Ann. § 3127-9


New York

N.Y. C.P.L.R. § 1349(4),N.Y. Exec. § 837a(6)

Most forfeiture actions must be based on a criminal conviction, drug crimes need only establish that a drug crime has occurred by clear and convincing evidence and then connect property to that crime by a preponderance of the evidence in order to forfeit it

Police are required to make annual forfeiture reports to the Division of Criminal Justice Services, which must provide aggregate annual reports to the Legislature, 60% of forfeiture proceeds go to law enforcement

North Carolina

N.C. Gen. Stat. §§ 75D-5, 90112

Forfeiture requires criminal conviction, civil forfeiture available in racketeering cases (preponderance of the evidence standard)

None, all forfeiture proceeds must go to public schools

North Dakota

N.D. Cent. Code § 1903.1-36.6

Probable cause

No, law enforcement up to 100% in most cases

Ohio

Ohio Rev. Code Ann. §§ 2981.03 (G), 2981.11 (B), 2981. 13(C)(3)

Preponderance of the evidence

Agencies must maintain an inventory of seized property, Up to100% of forfeiture proceeds go to law enforcement

Oklahoma

Okla. Stat. tit. 63, § 2-503(G)

Preponderance of the evidence

Agencies must maintain an inventory of seized and forfeited property, up to 100% of forfeiture proceeds go to law enforcement

Or. Rev. Stat. §§ 131A.450, 131A.455 (5), 131.600

Criminal conviction is required for all civil forfeitures, preponderance of the evidence for personal property; clear and convincing evidence for real property

Agencies are required to report forfeiture information to the forfeiture counsel, which is required to report every seizure and its final disposition to the Asset Forfeiture Oversight Advisory Committee, up to 62.5% of forfeiture proceeds go to law enforcement

Preponderance of the evidence

Counties are required to submit annual forfeiture reports to the Office of the Attorney General, which must aggregate the reports and provide them to the Legislature, 100% of forfeiture proceeds go to law enforcement

Oregon

Pennsylvania

42 Pa. Cons. Stat. § 6801(i)– (j)

April 2018 NICA News

25


Rhode Island

R.I. Gen. Laws §§ 7-15-4.1(e), 21-285.04(d)

Probable cause

Agencies required to provide annual forfeiture reports to the state treasurer, and the treasurer and attorney general must submit aggregate annual forfeiture reports to the state Legislature, up to 90% of forfeiture proceeds go to law enforcement

South Carolina

S.C. Code Ann. §4453-520–530

Probable cause

Agencies are required to maintain an inventory of seized property and submit those inventories to the appropriate prosecution agency, 95% goes to law enforcement agencies

South Dakota

S.D. Codified Laws § 3420B-70

Preponderance of the evidence

None, 100% of forfeiture proceeds go to law enforcement

Tennessee

Tex. Code Crim. Proc. Ann. art. 59.06

Preponderance of the evidence

None, law enforcement can keep up to 100% of forfeiture proceeds

26

Texas

Tenn. Code Ann. § 4033-211

Preponderance of the evidence

The Office of the Attorney General is required to create annual aggregate forfeiture reports from reports submitted by law enforcement, up to 70% goes to law enforcement

Utah

Utah Code Ann. § 24-4118

Clear and convincing evidence

Law enforcement required to maintain an inventory of seized property, 100% of forfeiture proceeds go to law enforcement

Vermont

Vt. Stat. Ann. tit. 18, § 4241 et. seq.

Clear and convincing evidence and a criminal conviction

Law enforcement required to submit reports of drug-related forfeitures to the state treasurer, 45% of forfeiture proceeds go to law enforcement

Virginia

Va. Code Ann. § 19.2386.4 et. seq.

Preponderance of the evidence

Agencies must report seizures and forfeitures to the Department of Criminal Justice Services, 100% of forfeiture proceeds go to law enforcement

April 2018 NICA News


Preponderance of the evidence

Seizing agencies are required to file quarterly reports of forfeited property with the state treasurer, 90% of forfeiture proceeds go to law enforcement

W. Va. Code § 60A-7-707

Preponderance of the evidence

Police departments are required to submit annual forfeiture reports to their local budgetary authorities.100% goes to law enforcement

Wisconsin

Wis. Stat. § 961.555(3)

The state shall have the burden of satisfying or convincing to a reasonable certainty by the greater weight of the credible evidence

None, no forfeiture proceeds go to law enforcement

Wyoming

Wyo. Stat. Ann. § 35-71049(y)–(z)

Preponderance of the evidence

None, Up to 100% of forfeiture proceeds can go to law enforcement

Washington

West Virginia

Wash. Rev. Code Ann. § 69.50.505

Do you have any topics you would like us to discuss in future issues? Contact us at nica@nicainc.org ▲

focused on

CONCESSIONAIRES Phil Teague, CIC

“One of the cool things that Phil Teague did was, he came out and actually worked in our business...” -Ryan Kuzma, Linn Enterprises Inc.

Property

Fleet

Liability

Workers’ Compensation April 2018 NICA News

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April 2018 NICA News


2018 Membership Contest Leaderboard* General Membership Connie Featherston...............................................................2 Doug Guinsler........................................................................2 Ron Porter..............................................................................2 Kelly Butler.............................................................................1 Lenny Dunford.......................................................................1 Nancy Miller...........................................................................1 Randy Reichert, CCE..............................................................1 Dale Smith, CCE.....................................................................1 Ted Wentz..............................................................................1

Councils Jeff Ames...............................................................................3 Jay Wells................................................................................3 Lindsey Constantine.............................................................3 Stacy Doane..........................................................................2 Henry Mitchell.......................................................................2 Ryan Long..............................................................................1 Cameron Murray....................................................................1 Erica Quintero........................................................................1 Tonio Viscusi.........................................................................1

Board of Directors Dominic Palmieri, CCE..........................................................3 Jennifer Giordano..................................................................2 Kathy Ross............................................................................2 Carmel Dyer-Pittroff..............................................................1 Richie George........................................................................1 Vincent Nelson......................................................................1 Tim O’Brien, CCE...................................................................1 Jay “Rocko” Russell..............................................................1

Administration Office....................................................................................24

*Every new member referred gets you one entry into the contest. See the back cover for rules and prizes.

Mickey G. Hudson 910-483-6004

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Advertise Your Business in Contact us at (813) 438-8926, communications@nicainc.org, or www.nicainc.org/advertising for more information April 2018 NICA News

29


2018 Events Calendar

Representing NICA & Its Industry Partners

April 1: Easter Sunday 5: Yuma County Fair Service Member Meeting • Yuma, AZ 7–10: 50th Annual IAFE Management Conference • Minneapolis, MN 19-21: State & Provincial Associations Summit • Minneapolis, MN 26: Pima County Fair Service Member Meeting • Tucson, AZ 26-28: Mid-West Fairs Association Meeting • Tucson, AZ 27-28: Kentucky Association of Fairs & Horse Shows Spring Board Meeting • Danville, KY

27-28: Kentucky Association of Fairs & Horse Shows Spring Board Meeting • Danville, KY

June

May

1: Director Nominations due in the Office

3-5: IAFE Zone 1 Meeting • Glens Falls, NY 3-5: Oregon Fairs Association Spring Leadership Conference • Hermiston, OR

18: 12th Annual Mark Neagles NICA West Invitational • Solana Beach, CA

13: Mother’s Day

21: San Diego County Fair Open House • Del Mar, CA

17-19: Florida Federation of Fairs Convention & Zone 2 Meeting • Orlando, FL 28: Memorial Day (Office Closed) 31: NICA Scholarship Applications Due in the Office

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30

April 2018 NICA News

8: Merced County Fair Service Member Meeting • Merced, CA

Although these dates are based on sources believed to be reliable and true, they are subject to changes throughout the year. Additional or revised dates will be announced in NICA News or at www.nicainc.org


National Independent Concessionaires Association, Inc. 1043 E. Brandon Blvd., Brandon, FL 33511 Phone: (813) 438-8926 • Fax: (813) 803-8460 Email: nica@nicainc.org • Website: www.nicainc.org

For Off ice Use Only

Date: #:

MEMBERSHIP APPLICATION q Mr. q Mrs.

q Ms.

First:

Last:

Name of business: Physical address: Mailing address:

City :

City :

Primary Phone Number :

State:

Zip:

State:

Zip:

Alternate / Cell phone number :

Email:

Website:

Age Range: q 20-35 q 35-50 q 51-70 q 70+ q Other :

NICA News Preference: q Mail q Email

Referred by :

Annual Membership Fees Independent Concession Membership

Associate Membership

q Independent Concessionaire............................................$125 q Additional Member...............................................................$75

q q q q q

A person or entity who provides services to the concession industry.

Voting:

Non-Voting:

q Employee................................................................................$50 q Retired....................................................................................$50 five Year independent Concession Membership

Pay for five years up front and save $50.

q

Independent Concessionaire............................................$575

Concession Business / Group Membership

Includes five memberships in one: one Independent Concessionaire, one Additional Member, and three Employee Members ($350 value).

q Concession Business / Group..........................................$300 Additional Member : _________________________________________ Employee Member 1: ________________________________________ Employee Member 2: ________________________________________ Employee Member 3: ________________________________________ Check a category below and provide a detailed description of your company’s services below:

q q q

Commercial Exhibitors / Retail Attractions / Entertainment Services

q q

Fair / Festival over 75,000 attendance.......................... $125 Fair / Festival under 75,000 attendance...........................$75 Manufacturer / Distributor / Supplier............................ $125 Carnival / Circus Operator................................................ $125 Special Services................................................................ $125

Business Description

Provide a detailed description of your business, products, and/or services below. This information will be used for your entry in the annual NICA Membership Directory and as keywords to search for your business on the NICA website.

________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________

Food Games

Mail Check or Money Order to NICA’s Office at 1043 E. Brandon Blvd. Brandon, FL 33511

Concessionaire General Routing Information

q Visa q Mastercard q American Express q Discover

_____________________________________________________________ _____________________________________________________________

Credit Card #:

List all states / provinces where you conduct your concession business:

Fairs and Festivals

List three Fairs or Festivals worked in the past year :

1. __________________________________________________________ 2. __________________________________________________________ 3. __________________________________________________________

If accepted for membership in NICA, I hereby agree to abide by its by-laws and rules.

Security Code:

Expiration Date:

TOTAL:

Signature of Credit Card Holder I authorize NICA to charge the agreed amount listed above to my credit card provided herein. I agree I will pay for this purchase in accordance with the issuing bank cardholder agreement. The NICA sponsored $10,000 Accidental Death and Dismemberment Insurance Policy is automatically provided to all Independent Concessionaire Members.

Applicant’s signature

Date

Beneficiary ________________________________________ Phone ___________________


National Independent Concessionaires Association, Inc. 1043 E. Brandon Blvd., Brandon, FL 33511 Time Sensitive Mail • April 2018 Issue

PRSRT STD U. S. POSTAGE PAID STEVENS POINT WI PERMIT NO. 272

April 2018 NICA News  
April 2018 NICA News  
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