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Contents • August 2017 FEATURES
Activities & Events
10 Thoughts from a CCE
07 Hidden Object Contest 12 Save the Dates! 33 Coca-Cola Membership Contest Leaderboard 34 2017 Events Calendar
Russ Harrison, CCE, Rudy’s Inc.
16 Ask the Candidates
Andrew Broomfield, Creamy Rich; Jan Gary, Leap of Faith Adventures; Kevin McGrath, CCE, The Best Around; Vinnie Nelson, Vinnie’s Fine Foods; Jay Russell, Russell Concessions
20 Concessionaire Spotlight Jeff Beaver, Old Style Foods
News & Articles 04 This Month’s Newest & Renewal Members 05 President’s Message Dominic R. Palmieri, III, CCE
05 Director’s Voice
Daryl Whicheloe, CCE
07 Card’s Corner Michelle Card
09 Member Benefits Spotlight 13 An Update from the Northeast Council 14 What’s Ag Got To Do With It? 24 Getting to Know Your Northeast Council Members 22 Electronic Logging Devices: FAQ
AdvertiSers 25 Allied Specialty Insurance 10 Alpha Baking 32 Berk Concession Supply 21 Cusumano & Sons 31 Dawn 21 Fanestil 15 Fare Foods 11 Fontanini 33 Haas & Wilkerson Insurance 23 Heinkel’s 34 K&K Insurance 25 Lasco
31 Leon’s Texas Cuisine 29 Mr. G’s Quality Meats 02 Pepsi 32 Rio Syrup 25 RJ Schinner 31 Source1 Purchasing 12 Swanel Beverage 29 Tastemaker 21 Teti Bakery 13 & 28 WhirleyDrinkworks! 11 WNA
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) 438-8928 • 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 © 1993-2017 NICA, Inc. All Rights Reserved. Hope your season is going great! August 2017 NICA News
This Month’s Newest Members! Zachary Corson The Original Australian Battered Potatoes, LLC Fontana, CA
Laurie Keough North Country Specialty Foods, Inc. Colchester, VT
Michael Miller, Jr. Miller Food Concessions, LLC Mauckport, IN
Wayne Decker Future Vision Malabar, FL
Rene Lerma Ormic Concessions Inc. Brownsville, TX
Marybeth Mize Fat Fanny’s Funnel Cakes Ashland, OR
Dan Keough North Country Specialty Foods, Inc. Colchester, VT
Bryan McGowen Bryan’s Concessions Argos, IN
Ron Mize Fat Fanny’s Funnel Cakes Ashland, OR
David Purdy Dimitria Delights, Inc. North Grafton, MA Matt Stone Southern Oregon Concessions Cave Junction, OR
We wish a warm welcome to all 11 of our newest members! Remember, each new member who you refer is an entry into the Coca-Cola Membership Contest for a chance to win cash prizes or even a cruise. The current leaderboard is on page 33 and more information can be found on the back cover of this issue. “Together We Can!”
This Month’s Member Renewals Charles Atkinson Kansas Fairs & Festivals Association Gardner, KS (1998)
Jose De La Cruz Backyard BBQ Village, Inc. Las Vegas, NV (2013)
Ronald Hull Volusia County Fair Association, Inc. Deland, FL (1999)
Mark Nichols Uncle Buck’s Concessions Central Point, OR (2004)
Wesley Boyd Bierwirth Wesley Stevens Concessions Oklahoma City, OK (2013)
Michael Dill Dill’s Deli Redding, CA (2015)
Bill Lauther Griff’s Catering Gibsonton, FL (2006)
James Otterbacher Otterbacher Enterprises Riverview, FL (2016)
Craig Doege Harvell Concessions Pensacola, FL (2014)
William Madaus Country Fair Cinnamon Rolls Ahwahnee, CA (2014)
Jeremy Parsons Clay County Fair Spencer, IA (2014)
Brian Bradbury Sweet Cheeks, LLC Maricopa, AZ (2013) Jacqueline Bradbury Sweet Cheeks, LLC Maricopa, AZ (2013) Matt Bribiesca Bribiesca Concessions Holcomb, KS (1993) Andrew Broomfield Creamy Rich Bryan, OH (1993) Michael Chow Egg Roll on a Stick, Inc. San Francisco, CA (2016) Tom Craft Maggie May’s Concessions Montezuma, IN (2014)
August 2017 NICA News
Tina Doolan Doolan Amusement Co. Stuart, FL (2002) James Fraser Big Jim’s Concessions Firebaugh, CA (2007) Gary Goodman, CFE South Carolina State Fair Columbia, SC (1993) Teddy Gross C S Concessions Craigsville, WV (2003) J. Keith Hoover Pork Chop Express White House, TN (2013)
James Malmquist Key’s Koncessions Marathon, FL (2014) Molly Mogge Mr. M’s Foods Walton, KY (2000) Jennifer Mitchell InnoSeal Systems Charlotte, NC (2015) Mary Motsinger M & M Concession Benton, IL (2014)
Leslie Pence Pence’s LLC Bryan, OH (2011) Teri Runte Out of the Ordinary Art Freeport, IL (2010) Jay Russell Russell Foods Hughes Springs, TX (2015) Karen Russell Russell Foods Hughes Springs, TX (2015)
►► “Renewals” continued on page 6
President’s Message Dominic R. Palmieri, III, CCE, President
As all of you are busy doing what you do, YOUR NICA is busy working hard for you as well. There are several milestone projects for the NICA office and the Board that are in full swing. First, by the time you read this article, we will have mailed out election ballots. This is a very important time of year for our candidates to reach out and let you know why they’re running for the Board. It is important to keep in mind that serving an association MUST be a selfless act of service and that those representing YOU will be looking out for the best interest of ALL NICA members. I have been steadfast in my position that building new leadership strategically through Councils and geographically through elections will help our growth organically. Having members who participate in State Fairs’ Conventions, Florida
“From Sea to Shining Sea” Fed, IAFE, OABA, and WFA all build our sphere of influence in the Industry. I see our organization as a more nationally recognized machine that is thoughtful, progressive, influential, and growing. To continue this trend, I have asked your NICA Board to consider moving the election ballot counting process each year depending on the location of the President. For many years it has been hosted in Perry, GA. I feel this was the best location for the purpose it served when the organization was very Southeast-centric. Now that we have as many members on the West Coast and a tremendous amount in the Heartland, I feel it will bring more energy and excitement to the election process. It will be inclusive and allow members to participate in the process, see the process, get to know more about what we do and
►► “Message” continued on page 8
Director’s Voice Daryl Whicheloe, CCE, Director
government channels, church groups, youth programs, sports, school, or other organizations Hello Fair family and please let our NICA Office know so they can share friends. I hope you are all your story in order to help us all with this issue. having a great summer. This, NICA as an organization is thriving and for me, is always the beginning growing thanks to a great staff, Board, Regional of CRAZY. The next three Councils, and all of you dedicated members. We months of constant moving, have the Board of Directors elections coming setting up, selling, tearing down up and I strongly urge you all to vote for the and onto to the next event is candidates you think will be the best choices quite an overwhelming task, for the Board of Directors. I look forward to but we always make it through year after year. working with your choice to continue this positive In my conversations with many of you, the momentum of success and further strengthen our same problems seem to continue: food costs, organization. Fair fees, rent, and LABOR. For those of us on the In staying strong I know a lot of you are West Coast it is especially labor, with minimum busy helping organize and holding fundraising wage increases and difficulty in finding good and social events for NICA at your local Fairs employees. I encourage all of you to talk with and Festivals keeping the Concession Industry your local state politicians and let them know of your concerns. If any of you have a success story ►► “Voice” continued on page 6 about labor issues from your area, either through August 2017 NICA News
President: Dominic R. Palmieri, III, CCE 1st Vice President: Dan Lusenhop 2nd Vice President: Kathy Ross Secretary: Sandy Class Treasurer: Jennifer Giordano
Don Delahoyde, CCE Carmel Dyer-Pittroff Richie George Tim O’Brien, CCE Mike Pence, CCE Daryl Whicheloe, CCE
Immediate Past President Paulette Keene
Past Presidents’ Council Joe Potillo, Jr. Greg Miller, CCE Tom Sattler, CCE Russ Harrison, CCE
Scot Sanders B & J Concessions Peoria, AZ (2016)
Coordinator : Jessica Gottsche
Council Members: Lindsey Constantine Kelly Grout Russ Harrison, CCE Cameron Murray Vinnie Nelson Eddie Porcelli, III Tonio Viscusi
Coordinator : Rey O’Day
Executive Director: Michelle Card
Executive Manager of Councils: Rey O’Day firstname.lastname@example.org
Business Manager : Christina Arriaga email@example.com
Communications, Marketing & Design: Jesse Willard firstname.lastname@example.org
“Renewals” continued from page 4 ►► Jay Russell Russell Foods Hughes Springs, TX (2015)
Richard Busse, CCE Tom Hodson, CCE Jim Hodson, CCE (Deceased) Tim O’Brien, CCE Ron Smith Adam McKinney, CCE Mike Pence, CCE Jack Woods, II, CCE Bob Hallifax, CCE Frank Parnell, CCE Larry Orme (Deceased) Larry Sivori Rich Wright Bill McKinney, CCE Arthur Pokorny, Jr. Gene O’Brien, CCE (Deceased)
Deborah Shepherd D2 Concessions Terre Haute, IN. (2016) Phil Teague Hummel Group, Inc. Wadsworth, OH (2013)
Council Members: Kim Barr Nate Janousek Ryan Long Ashley Murray Mike Newman Lisa Thompson-Baker Jay Wells Daryl Whicheloe, CCE April Wood
Jeff Thornberry, CCE Pristine Systems, Inc. DBA Gadgets and Neat Stuff St. George, UT (2012) Aaron Vincent Metro Beverage, LLC New Boston, MI (2015)
National Representatives Duane Fischer John Harkey David Higginbottom Charles Ivory, CCE Mike Markowitz Mike McGrath Kevin McGrath, II Etta Pence, CCE David Spann R. Josh Stremmel George Wandrey, Jr. Ted Wentz Nick White
Are you Interested in becoming a National Representative or Council Member, starting a Communications Committee, or learning more about NICA? Contact the NICA Office by phone at (813) 438-8926 or via email at email@example.com
Kristi Worm-Hunter Indiana Ribeye Carmel, IN (1997) David Yonan Space Age Food Concessions Pine Grove, CA (2008)
Thanks goes out to all 38 Renewing Members for your support. “Together We Can!”
“Voice” continued from page 5 ►► informed and up to date on what NICA is doing to help our Industry. Congratulations and thanks to all of you for this hard work during this busy time. It seems a long way away but Convention Time will be upon us soon. There are a lot of Fair Organizations across the country looking for help on many Committees and Boards that aim to keep our Industry relevant. If you have any time, please become involved and contact your local 6
August 2017 NICA News
Fair Organizations to ask if they need help and what they are working on. “Together We Can!” is our slogan and it truly works, so give them a call and be pleasantly surprised how much our voice is heard and acted on in the Industry. I hope you all have a great summer, make money, work hard and work well with your fellow Concessionaires, but please don’t forget to spend time with friends and family whenever possible. I look forward to seeing all of you on the road or at the Convention later this year. ▲
Card’s Corner Michelle Card, Executive Director
NICA launched DOT education during the 2017 Business Expo in Brandon, Florida to provide as much information as possible to you Our Fair Industry has so that you had adequate time to prepare for the been no stranger to the hot new regulations. As the December compliance political and social climate deadline nears, we have provided many facts our country is experiencing. regarding the impending DOT regulations set for From H-2B to DOT to animal implementation in this issue of NICA News on activists—Concessionaires, page 22. Fairs, and Ride Owners are Additionally, there are two “Hail Mary” Bills negatively affected by some or all of these topics, and NICA is in the House that may circumvent or delay these striving to keep you informed. The stories regulations and NICA is on top of their of Concessionaires pulling from Fairs progress. The NICA Office has been because they lack H-2B workers sending you emails regarding these NICA is and calls from many of you bills and will continue to keep you consistently and regarding new DOT regulations informed. are literally pouring in. Animal Animal activists continue diligently working rights activists are contacting to make an impact with to keep you informed the NICA Office and fishing for governmental agencies, political and encourages information that could affect representatives and live protests you to share your the Fairs on your route. in your communities and at your experiences with The OABA has made great Fairs. NICA is working with IAFE to strides with H-2B in recent provide you information so that you the office weeks and many Concessionaires too are aware of the organizations are soon expecting to feel labor and movements that threaten AG, 4H, relief. Though this comes late in the year, exotic animal displays, and the threatened it is much welcomed. NICA is a financial supporter educational impact to our nation’s youth. of OABA’s movement to keep our Congressional NICA is consistently and diligently working to members in the know of our Industry’s needs. keep you informed and encourages you to share This effort must continue as each year presents your experiences with us. Please contact the NICA new obstacles to obtain foreign skilled labor Office should you need additional information or which ultimately effects the Concessionaire, the have information to share. Fair, and the community. “Together We Can!” ▲
Are you selling your equipment, business, or need assistance running it? Contact the NICA Office today at (813) 438-8926 or firstname.lastname@example.org and we will do our best to get the word out. We have many options available to help!
Find the Lost Swim Fin
In these last days of summer, we have lost one of our swim fins in this issue of NICA News. If you locate it, you can win a Gift Card!
So... What if you Find it?
Well, lucky reader, tell us where you found it by entering online at www.nicainc.org/pages/hiddenobject You may also call the NICA Office at (813) 438-8926 or send us a letter with the page number, and page location to NICA, Hidden Object Contest, 1043 E. Brandon Blvd., Brandon, FL 33511. Member entries must be sent in by August 31, 2017. August 2017 NICA News
“Message” continued from page 5 ►► the honor and tradition involved in our elections. We should always have an air of excitement and make the most of members coming together to embrace and welcome new leadership. A great example would be this year, 2017 elections will be at my hometown Fair, the Arizona State Fair in Phoenix. This event has not only “Yours Truly” (your NICA President) but has our Treasurer and three NICA West Council Members all playing this event. What is also important is the Arizona State Fair is very supportive of NICA and always helps out with fundraisers, helps us host meetings, has an active Concessions Committee, and the Fair Manager is a NICA member. We have a lot of NICA members here as well and this is a great opportunity to include them in the process and the pre-election energy. Another example would be next year Dan Lusenhop (your 1st VP) is in Northern California where there is a large NICA presence and then followed by Kathy Ross (your 2nd VP) in Pennsylvania. They could choose to host election counting in locations they work as well as locations which would include other members and Fairs that would want to support us. This allows elections to move across the country, give Fairs the opportunity to support us and hopefully see a surge in new membership of Fairs and new member participation. We would have a schedule several months in advance so plans can be booked well in advance taking advantage of all discounts and best rates for travel. I think there needs to be a process of including a Past President, a Past Director, and/or a member who has participated in an election ballot count in a prior election. We want consistency and credibility to be our mission. We will always have our Executive Director present because there is the need to verify that all systems in place are correct. This is how we can continue to move towards a National Organization with representation across the country. So with all this election talk and new ideas on the horizon, be sure you get your ballot sent in ASAP. Other projects include wrapping up planning for IAFE and WFA Conventions. This includes NICA-inspired content and big social events to 8
August 2017 NICA News
celebrate our upcoming NICA 25th Anniversary and our Business Expo. A Northeast Council meeting is scheduled for September. Sandy Class and NICA members are hosting a NICA Benefits session at the Wisconsin State Fair, Northeast Council meeting at The Big E and hopefully a few NICA fundraisers around the country. All these are important in building leadership, connecting NICA members and including our Fairs in the process. The continuing drama with H-2B and the affect on many of our members continues. The US Government is finally letting up a bit and some of our members are getting their workers. But it is very late in the season for many and not soon enough. NICA has supported the H-2B cause by helping with $10,000.00 donated to the OABA H-2B legal fund. We initially set a budget aside to help with lobbying efforts and hopefully incorporating fundraising to keep it going. We really need to support their efforts through letter writing to your congressmen/women, participating in online surveys, and helping raise money at NICA and OABA events to continue to help the cause. We MUST stay vigilant in our support to being part of the solution. If you have an idea for a fundraiser that can help raise money for H-2B advocacy, please let us know ASAP. We would want to coordinate that through the NICA Office to keep track of donations and the best way to make those donations. There are several rules when donating to a cause and we want to be sure we are guiding in the right direction. Last I want to let all of you know I will be taking a trip to the Wisconsin State Fair August 7-8, then racing down to Boone County Fair, and following that with a quick visit to Lake County Fair in Indiana. If you or any other NICA members are at any of these events, please let me know. I want to connect with them and we will be having NICA-sponsored events at Wisconsin State and Boone County Fairs. Travel will also take me to The Big E in September and I will try and conclude with a trip to the Northwest to Puyallup, WA and or another NICA presence Fair possibly in Louisiana late October. The mission will be simple. The message to our Fairs is that we are asking for their support in encouraging all their Concessionaires to become NICA members. Growing our member driven Organization is key. Fairs will hopefully support
NICA’s efforts through starting Communication Committees and discussing escalating problems with H-2B (the dramatic increase in wages and lack of workers) and how they can help support our cause through their influence with their representatives and Government officials. I’ll be looking for opportunities that Fairs play a role in thoughtful discussion with NICA and Concessionaires about accepting different forms of payment. This will be the next challenge our Industry will face and NICA should be at the table leading those conversations. My phone has been blowing up over the Miami-Dade decision to go to a cashless system and next Iowa State Fair looking to do the same. There are many unanswered questions and certainly many ideas on how to get this right. To pay or how to pay is the question? Will we be able to accept credit cards, cash, and cashless all together? Who will pay for systems and devices needed to operate different cashless systems? As Fairs figure out how to do this, will there be consistency or will there be a train wreck of different systems that don’t interface with our POS from Fair to Fair that you have all just re-invested in for new equipment? Many are expecting the Fairs to pay the expense of scanners rental, equipment and internet if systems are implemented. These are all good questions and the best one of all is, “Is this costing the customer too?” Convenience,
surcharges for bands or cards, ATM fees, etc. All this is important to explore and be sure whatever direction the Industry moves, we are all moving in similar directions. A push-pull scenario is not the best solution. Let’s try to get conversations moving in the right direction. Most important we need to be sure that our industry respects the needs of the customer and exceeds their expectations of convenience to pay for food, rides, and games. The customer and the Concessionaires (who are also Fair customers) should not be the ones bearing the cost of new forms of payment. Remember our mission statement? It could be more important now than ever. We are dedicated to strengthening relationships with the Fair, Festival, and Special Events Industries through effective communication, benefits, education, leadership, and solutions. On a personal side note, I wanted to take a moment to thank all of you who called, prayed, and or sent get well wishes to our son Enzo. He is recovering from his broken femur and anxious to get off crutches. The outpouring from many of you was tremendous. Kim and I are Blessed to have so many friends that care in our lives. Wishing safe travels and great weather to all. Keep that balance of family and business while traveling and I look forward to seeing many of you over the next few months. ▲
Member Benefits Spotlight One of the most important features of NICA Membership is the cost saving benefits that is offered. Each month we will be taking a look at one of our Member Benefits to give you some background on what you can save as a part of NICA. This month we focus on Arrow. In 1980, Arrow Distributing began selling RV and MH parts out of one location in Omaha, NE. Today, Arrow has nine warehouses and still grows and maintains the strong Midwestern values that we were built on. To view the large variety of products that can be applied for many uses—from electrical, lighting, and appliances to awnings, hardware, and accessories—visit www.arrowdist.com for Arrow’s
huge 700 page online catalog; a hard copy catalog can also be requested. Call the NICA Office today at (813) 438-8926 to get your required Arrow Purchase Order number and the main contact number for ordering. ▲ August 2017 NICA News
Thoughts from a This month’s Statement of Communications & Management Philosophy is from Past President Russ Harrison, CCE, Rudy’s Inc., who earned his CCE in 2007: “Communication with event management, purveyors, and staff is key to a successful business. I believe everything in business comes down to management, whether it be good or bad. As a business leader you must first recruit team members and provide clear job description. Then you must delegate responsibility, let staff help in making decisions, and provide the opportunity to learn from mistakes. Inspire the and appraise the for good work. It is very important to stay connected to current industry news, events and changes in regulations. A great way to do this is by being a member of industry organizations. I believe the successful event is where the independent concessionaires, carnivals and fairs work together for the best customer experience. Traveling, meeting people, learning and understanding the business and over coming the challenges, my wife Dede and I thoroughly enjoy every aspect of this unique business. I truly believe in this association and what it stands for.” ▲ Would you like to apply for your CCE designation? Applications are available at goo.gl/H3VKUf ▲
August 2017 NICA News
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August 2017 NICA News
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August 2017 NICA News
An Update from the Northeast Council Jessica Gottsche, Northeast Council Coordinator As the Northeast Fair season kicked off, so did activities for the NICA Northeast Council. On June 20th, a bus full of NICA members travelled from the State Fair Meadowlands to Yankee Stadium to watch the New York Yankees take on the Los Angeles Angels of Anaheim. A great time was had by each of the 45 members that joined us and plans are in the works to make a trip to The Big Apple an annual event. 45 members eager to watch the Yankees battle the Angels!
Plans are well underway for the Northeast Council’s second annual rally to be held in West Springfield, MA on Tuesday, September 12 from 6:30-10:00 PM at Lattitude Restaurant. If you would like information on sponsorship, please contact Jessica Gottsche at email@example.com. Last year’s event was a fun, casual, and successful evening and we look forward to recreating again 2017 NICA Quarter Page Ad.pdf 1 3/10/2017 2:20:45 PM this year. We hope you can join us! ▲
The great view from the stands
The Northeast Council also hosted our first opportunity sale of the season, at the Saratoga County Fair. Congratulations go out to Michael Ross, of Candyland Concessions of Oneonta, the lucky winner of an American Express Gift Card, and we also welcome him to NICA, as he joined the Association during the Fair!
32 oz. Shaker Cup
100 oz. Tanker 32 oz. Snack ‘N Sip
Vinnie Nelson, Northeast Council Member, Michael Ross, Candyland Concessions, and Tonio Viscusi, Northeast Council Member
A NICA member luncheon will be held at the Erie County Fair on Tuesday, August 15, hosted by Kelly Grout and the Northeast Council. All members are welcome to attend—stay tuned for more information.
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Call Fare Foods at 1-800-651-6101 to place orders & arrange deliveries
Call Joe Betras at 1-864-542-4345 for blanket & large order information
Visit our Fairs page at: WhirleyDrinkWorks.com
August 2017 NICA News
ANIMAL RIGHTS ACTIVISTS AT FAIRS
What’s Ag Got to Do With It Marla Calico, President, IAFE
have changed over time as a necessity of the changes within the community, but in all likelihood when some aspect of ag ceases to exist, then I just finished yet another so will the Fair. Read the purpose, the by-laws call with a reporter, this and/or the articles of any IAFE member Fair and one working for a big city newspaper as part of a college you’ll find multiple references to agriculture, and probably specific references to livestock and fellowship. As the case with every other media interview I’ve horticulture. So, an organization like PETA (whose tag line ever done this year, last year or in more than 10 years at the is “Animals are NOT ours to eat, wear, experiment on, use for entertainment or abuse in any other IAFE, I spent several minutes way) would be opposed to the inherent reason for explaining Fairs—their uniqueness, the diverse Fairs to exist in the first place—agriculture. Their nature of their operations, how there is no “apple campaigns now target 4-H and FFA youngsters to apple” comparison possible. And, as always, circling back to the one thing that is common, that (“they don’t know that the animals they love will be slaughtered”)—and they’re succeeding ties our members together—agriculture. in changing opinions by their savvy marketing To qualify as an “active” member of the techniques. IAFE, as defined by our by-laws, the Fair (show, Relatively new to the “Fair” scene is Direct exhibition, exposition) must be “an annual event Action Everywhere, aka DxE, whose goals (as that incorporates agricultural exhibits, shows stated very clearly on their website) include or competitions...” as well as at least two other restricted consumption of meat in certain cities by defined program areas from a list of four. It is 2025, the first statute for animal liberation (with then, agriculture, which sets our membership a robust enforcement agency) by 2040, and by apart. As a NICA member, you are very likely involved 2055, a “Species Equality Amendment” passed in one or more states. In less than a one-week in all types of events in addition to Fairs. But if span in June, our IAFE staff found evidence of participating in the County, Regional, and State three planned DxE protests against member Fairs, Fairs (expositions, shows, exhibitions) is part of specifically targeting the youth market animal your business, then “ag” has a LOT to do with it. shows. The agriculture aspect of the Fairs you play may 14
August 2017 NICA News
These are just two of an alphabet-soup of organizations, many interlinked, whose ultimate goal is for a vegan society. In virtually every aspect of life today, there are people who are firmly entrenched in what they believe, to the extent they will deny and refute scientific proof. One proof is someone else’s “fake news!” Discussions, theories, and opinions about agriculture run the gamut. And as the population gets farther and farther away from understanding the facts of producing food of any type, IAFE member Fairs find they have the opportunity (or an obligation) to help connect Fair guests with the truth of agriculture and the faces of agriculture. The Fairs on your route have most likely created any number of agriculture education programs at their events. Some have invested millions in creating state-of-the-art facilities used for year-round education of children and adults. From the smallest Fair on a shoestring budget, run totally by volunteers, to the largest with trained educators on staff, these Fairs are doing their part to ensure that agriculture is kept at the heart of the Fair. Does all this matter to you? If you care about
the ultimate success of the Fair, if you care about that Fair being in business a couple of decades down the road, then yes, it matters to you. Ag matters to you even more if you sell food at Fairs (after all, even the craziest concoctions are made from real food, which means ag was involved somewhere along the road). You may have already seen the impact animal rights activist organizations (under the guise of animal welfare) have had on the pricing of your products, especially eggs and poultry. You, too, can play a role in “agriculture education” at the Fairs. Look for posters, stickers, infographics, decals or other print products from commodity groups (i.e. corn, beef, dairy, pork, rice, wheat, etc.) that support the items you are selling to display in your unit. If the Fair is engaging in a positive social media post about some aspect of agriculture or ag at the Fair, do your part and help make it a bit more viral by reposting, using hashtags, etc. Check out opportunities to assist the Fair in any ag education activities with product support or discounts on food. You’ve heard me say it before, “we’re all in this together!” ▲
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Custom Printed Cups August 2017 NICA News
Ask the Candidates August is here, which means that it is at the peak of the election season for NICA’s Board of Directors. Ballots have been sent out to Voting Members on July 15th, so you should have them in hand by now. If you have not received your ballot for any reason, please contact the NICA Office at (813) 438-8926 or firstname.lastname@example.org. All votes must be sent in no later than September 30, 2017. This year there are five candidates for next year’s Board: Andrew “Bruno” Broomfield, Creamy Rich, Jan Gary, Leap of Faith Adventures, Inc. dba JK Dots, Kevin McGrath, CCE, The Best Around, LLC, Vinnie Nelson, Vinnie’s Fine Foods, and Jay “Rocco” Russell, Russell Concessions. We asked them each a few questions about challenges facing Concessionaires, their solutions to these challenges, and NICA’s future.
Andrew “Bruno” Broomfield Creamy Rich
What is the single most important challenge facing Concessionaires today? “One of the most challenging aspects of the Concession Business today is labor. We can’t live without them! The challenge of maintaining enough workers seems to be a common conern for a lot of my fellow Concessionaires, whether that involves permanent or temporary employees. With the ever tougher DOT and health department regulations, we need full time employees with good driving records that can meet CDL requirements as well as being clean and knowledgeable no health codes. Hiring temporary or local help brings a completely different set of challenges. We’ve all had problems with temporary employees showing up for their passes then leaving on the first break, showing up late or not at all. Remember the days when we couldn’t find enough work for all the people that asked for a job?”
As a Board Member, how would you help overcome this challenge? “As a Board Member, I believe we need to look into other avenues of recruitment. That could involve developing relationships with employment agencies on a national level where they would have a clearer description of our needs and requirements. As an organization, we should be able to negotiate a better more affordable rate. Non-profit organizations would also be an avenue of exploration. We all know that a lot of these groups are constantly looking for fundraising opportunities. They need money! We need help! Outside of the above mentioned ideas, we need to have the ability to cost effectively run background and license checks. This would help in eliminating quite a few hiring mistakes.”
Where do you see NICA in five years? “In the next five years, I see NICA continuing to become an even stronger organization in the Fair Industry than it is already. We can do this by strengthening the relationships already forged and creating new relationships within the fair and festival industry.”
What would you plan to help NICA get there? “I will continue to address the new and ever changing obstacles that continue to challenge the Independent Concessionaire.” 16
August 2017 NICA News
Leap of Faith Adventures, Inc. dba JK Dots What is the single most important challenge facing Concessionaires today? “There are several areas of concern for NICA members that are currently facing each and every one of us. Rising permit, transportation, product, and labor costs, as well as the additional percentage increases and ‘fees’ are a few. The additional requirements to go to ‘electronic’ data capture with the operational monthly costs are also concerns. And add to these the ‘all inclusive price with tax’ or the ‘net price tax not included,’ with a different tax base in different counties, cities, and states, how do we manage our menu boards. In the time management of our businesses how can we reduce the duplication and redundancy that is required by the current methods of filling out applications and sending all the pictures, etc. required with each application even when the set-up remains the same.”
As a Board Member, how would you help overcome this challenge? “These concerns have been growing and will continue to grow in number as more government agencies get involved and regulate the Fair Industry; what we do and how we do it. We must define our concerns, divide them into what we control and what we don’t, and work on those over which we have the most control, consider them opportunities, because tomorrow will bring a new set of concerns to deal with.”
Where do you see NICA in five years? “Within the next five years one of the biggest issues members will face is the misconception, by the fair side of the business, that all Food Concessionaires are making huge profits and we have resources that have not been tapped yet. Some may, but they are few. This perception is dangerous to the continued success of our industry. As more concessionaires recognize they are not alone in their concerns they will be looking for representation and find it as members of NICA, the Organization that is exclusively for Concession Operators, working on issues that effect us in the fair industry, as well as working for benefits for our membership.”
What would you plan to help NICA get there? “Security in numbers with the same concerns creates an awareness within the industry of issues that must be addressed. NICA over the last ten years has been a proven source of understanding needs and addressing them. As well, our growth will be enhanced with the benefits provided to our members. Being part of an Organization that has the same needs, working for the same results, gives purpose to membership. NICA’s growth and the opportunities within our industry will challenge us all to discuss and come to agreement on how we can present a united front as we address issues with our Fair partners. When elected I will work with fellow Concessionaires to resolve all we can, and develop constructive, efficient procedures for the future.”
►► “Nominees” continued on page 18
August 2017 NICA News
“Nominees” continued from page 17 ►►
Kevin McGrath, CCE The Best Around
What is the single most important challenge facing Concessionaires today? “The single most important challenge facing Concessionaires today is the overall cost of operation. Operating expenses have skyrocketed over the past 20 years. Increases have come from a variety of directions—government regulation (DOT, payroll compliance, etc.), in addition to increasing rent, insurance costs, POS expense, etc.”
As a Board Member, how would you help overcome this challenge? “We need to identify which issues we can actually have an effect on and work toward that goal. Having ongoing open communication with Fairs and Festivals on causes and possible solutions to avoid higher costs would be my approach. If rent dollars increase, it is important they be balanced with increasing attendance to support the bottom line. Events are also dealing with expense issues. It is important to find areas we can work together to maintain a profit margin that will be successful for both, without pricing ourselves out of the market. Increased prices chases attendance away. Dwindling profits are a death spiral for all size businesses. Sometimes the small ‘mom and pop’ are the first to feel the pinch. NICA and our industry consist of mostly small entrepreneurs. I want to be continued from page 16 ►► able “Preparedness” to champion their concerns. My business started out as a small ‘mom and pop’ enterprise and I understand how difficult it can be. Today our business has grown. I want to see that same opportunity for other Concessionaires. Focusing on what works to help improve the business climate for the Concessionaire and the events they attend will be my goal. Addressing member concerns is far more important a priority for me than establishing sponsorships from large corporations.”
Where do you see NICA in five years? “I see representation for NICA members being its PRIMARY FOCUS. In the next five years I would like NICA to double its representation at all the local, state, and national Fair Association meetings. I see our membership growing and membership taking a more active role in that representation. I hope the Regional Council program will play a big part in the representation.”
What would you plan to help NICA get there? “Some of my planning would start in the Board Room. I plan to work with the current Board to make representation the priority and help in developing programs that the Board and Office would implement, putting the member and their concerns first. The current Board has done a great job in developing corporate sponsorships and reorganizing NICA. Corporate sponsorships are important and have their place. They would not be my primary goal. I have spoken to many members that have expressed their concern that NICA is more focused on corporate sponsorship than representing member concerns. I hope to bring this discussion to our current Board.”
August 2017 NICA News
Vinnie’s Fine Foods What is the single most important challenge facing Concessionaires today? “I think DOT is one of our biggest concerns due to the fact we All put very few miles on compared to over the road truck drivers and have all the same regulations and fees. I’m all about the safety part of it but feel singled out when I pull in a weigh station. I’ve had DOT officers tell me I pulled you in because of the (carnival) type of trailer.”
As a Board Member, how would you help overcome this challenge? “As a Board Member I would work on education and awareness for DOT. I work in the northeast and have met with DOT in New York trying to educate them as well, so that we help them understand our business. A few bad apples seem to ruin for all of us.”
Where do you see NICA in five years? “In next five years I see NICA working harder with fairs in hopes to protect us with a bigger voice. The Fair Industry is changing everyday and we need to work hard at communication between ourselves and the fair boards and be one voice. Trust me, I’m all about changing with the times but we still need to keep in mind that what makes the Fairs and Festivals great is diversity in our products. We can not be all the same.”
What would you plan to help NICA get there? “I’m willing to work hard for NICA and it’s members listening to what everyone has to say and working together to build strong relationships with Fairs and our members. We need to bridge the gap for all of us to work together.”
Jay “Rocco” Russell Russell Concessions
What is the single most important challenge facing Concessionaires today? “While there are several issues that are important, I feel that the Department of Transportation’s upcoming changes regarding electronic log books and other regulations and how they relate to our Industry.”
As a Board Member, how would you help overcome this challenge? “Educating business owners regarding current and changing regulations will be our best course of action.”
Where do you see NICA in five years? “I would like to see a NICA that continues to grow through expanded memberships and a strong voice to help with national issues that affect all concessionaires.”
What would you plan to help NICA get there? “I will continue to try to create a positive image for my company with honest and fair dealings with all people either in the business or local merchants and fair supporters. I would like to carry that forward with NICA in whatever capacity I can help the most.” August 2017 NICA News
Concessionaire Spotlight Jeff Beaver
Old Style Foods Salisbury, NC - Jeff Beaver operates under the name Old Style Foods and specializes in corn roast, deep fried candy bars. NICA News: Thank you for being able to speak to us! How long have you been a member of NICA? Jeff Beaver: I’ve been a NICA member on and off since the beginning. NN: How did you get in to the business? JB: I started my own Concession company in 1988 after growing up around the Fair business. My grandfather was in the business and I have been working since I could load cotton candy in the trucks for their daily routes. Then going on the summer route with my dad. NN: What do you like most about being a Concessionaire? JB: Primarily the work dress; it’s hard to beat shorts and a t-shirt. I also like going to different places as you are always on the go. I’ve also made a lot of great friends over the years. NN: What’s your best selling food item? JB: My best selling food is roast corn. So far we were sticking to the same menu as last year as it seems to have worked. NN: What’s your route like? JB: We work on the East Coast with a trip out to
Jeff Beaver and his family
Minnesota to do the State Fair. I like all the spots on my route. The time of year you’re down south in the spring or up north in the summer gives you some good weather to be in. NN: How has the business changed since you first started out? JB: Since I started, the biggest changes have been office type work: insurance, taxes, licenses, and such. One thing that would be nice for the new people coming into the business would be a guideline on finances. The end game is important. NN: What’s been the highlight of your career? JB: Many career highlights are new spots that work out or new items. And especially making my customers happy. Being willing to help out others has become more important to me in recent years. NN: What do you like to do in your free time? JB: Freetime? I never have any between the work, fishing, hunting, and playing guitar. NN: What do you like best about NICA? JB: I like the fact that NICA is a platform that brings us all the possibility of making things better for us Concessionaires. NN: What are you looking forward to this year? JB: This year I’m looking forward to making more customers smile! NN: What’s been most influential to your personal or business success? JB: One thing that makes it all work for me is a strong and loving wife and two great kids we have raised. I’ve been blessed! ▲
August 2017 NICA News
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Electronic Logging Devices:
Frequently Asked Questions Federal Motor Carrier Safety Administration & Department of Transportation
The electronic logging device (ELD) rule is intended to help create a safer work environment for drivers, and make it easier, faster to accurately track, manage, and share records of duty status (RODS) data. For carriers using AOBRDs (automatic onboard recording devices) before the rule compliance date December 18, 2017, the rule will replace AOBRDs with ELDs over a four-year implementation period. An ELD synchronizes with a vehicle engine to automatically record driving time, for easier, more accurate hours of service (HOS) recording. The rule applies to most carriers and drivers who are required to maintain RODS. Frequently asked questions on this topic follow:
General Information about the ELD Rule
drivers who are currently required to maintain records of duty status (RODS) per Part 395, 49 1. What are the key requirements of the ELD rule? CFR 395.8(a). The rule applies to commercial buses as well as trucks, and to Canada- and The ELD rule: Mexico-domiciled drivers. • Requires ELD use by commercial drivers who are required to prepare hours-of-service The ELD rule allows limited exceptions to the ELD (HOS) records of duty status (RODS). mandate, including: • Sets ELD performance and design standards, and requires ELDs to be certified and • Drivers who operate under the short-haul registered with FMCSA. exceptions may continue using timecards; • Establishes what supporting documents they are not required to keep RODS and will drivers and carriers are required to keep. not be required to use ELDs. • Prohibits harassment of drivers based on ELD • Drivers who use paper RODS for not more data or connected technology (such as fleet than 8 days out of every 30-day period. management system). The rule also provides • Drivers who conduct drive-away-tow-away recourse for drivers who believe they have operations, in which the vehicle being driven been harassed. is the commodity being delivered. • Drivers of vehicles manufactured before 2000. 2. What is the mandate in the Moving Ahead for Progress in the 21st Century Act (MAP-21) 4. What ELD user documentation must be for the ELD rule? onboard a driver’s commercial motor vehicle? Section 32301(b) of the Commercial Motor Vehicle Safety Enhancement Act, enacted as part of MAP-21, (Pub. L. 112-141, 126 Stat. 405, 786-788, July 6, 2012), mandates the ELD rule. It calls for the Secretary of Transportation to adopt regulations requiring ELD use in commercial motor vehicles (CMVs) involved in interstate commerce, when operated by drivers who are required to keep records of duty status (RODS). 3. Who must comply with the ELD rule? The ELD rule applies to most motor carriers and 22
August 2017 NICA News
Beginning on December 18, 2017, a driver using an ELD must have an ELD information packet onboard the commercial motor vehicle (CMV) containing the following items: • A user’s manual for the driver describing how to operate the ELD; • An instruction sheet describing the data transfer mechanisms supported by the ELD and step-by-step instructions to produce and transfer the driver’s hours-of-service records to an authorized safety official;
• An instruction sheet for the driver describing ELD malfunction reporting requirements and recordkeeping procedures during ELD malfunctions; and • A supply of blank driver’s records of duty status (RODS) graph-grids sufficient to record the driver’s duty status and other related information for a minimum of 8 days.
Yes. An ELD can be on a smartphone or other wireless device if the device meets the ELD rule’s technical specifications.
5. Can the ELD information packet be in electronic form?
8. How long must a motor carrier retain electronic logging device (ELD) record of duty status (RODS) data?
7. Can a driver use a portable ELD?
Yes. A driver may use a portable ELD. A portable ELD must be mounted in a fixed position during commercial motor vehicle (CMV) operation Prior to December 18, 2017, FMCSA recommends (CMV) and visible to the driver from a normal that drivers have the user’s manual, malfunction seated driving position. This information can be found in the ELD Rule section 395.22(g). instruction sheet, and graph-grids.
Yes. The user’s manual, instruction sheet, and malfunction instruction sheet can be in electronic form. This is in accordance with the federal register titled “Regulatory Guidance Concerning Electronic Signatures and Documents” (76 FR 411). 6. Can an ELD be on a smartphone or other wireless device?
For six months, a motor carrier must keep both the ELD RODS data, and a back-up copy of that data on a separate device. The carrier must ensure that these records are stored securely to protect driver privacy. ►► “ELD” continued on page 26
August 2017 NICA News
Getting to Know Your Northeast Council Members Jessica Gottsche, Northeast Council Coordinator This month’s installment focuses on the Northeast Council’s own Cameron Murray, based out of Raleigh, NC. Jessica Gottsche: What is the name of your business and what do you sell? Cameron Murray: Chester’s Gators & Taters, named after my great dane/lab mix “Chester” who does travel with me. We sell kabobs including gator, shark, chicken, and shrimp. We also have fries, corn dogs, and mac and cheese. JG: What is your route? CM: East Coast route from New York to Florida. JG: How long have you been a NICA Member? CM: I have been a NICA member for five years.
Cameron Murray in front of his food stand
JG: What is your most valuable NICA benefit? JG: Tell us about your family. Are they active in the CM: I’d say the benefit I use the most often would be the National Pepsi Program. I also gain a lot business? of knowledge each year at the classes in Tampa CM: My family is not active in the Concession business but they do come out to certain Fairs to such as ServSafe and the DOT classes. visit each year. My father is active in a commercial JG: What inspired you to join the Northeast landscaping business I own back home. My Regional Council? brother is a professional golfer on the PGA Tour CM: Rey O’Day and I were chatting in Tampa and travels more than I do! this year about issues in the business and she mentioned the Northeast Council. I did a little JG: Do you remember who recruited you to be a research and found out that many of the Council member? Members are folks who I see all summer and who CM: Several people asked me to join before becoming a member but Robin Smith with Gobblin share the same concerns and long-term goals in Gourmet was my deciding factor. Robin is a great the business. friend and I value her recommendations.
Chester’s Gators & Tators in it’s full glory
August 2017 NICA News
JG: What do you hope the Northeast Council accomplishes during your tenure? CM: I hope the Council can work on trust issues between Concessionaires and Fairs and professionalism of all Concessionaires in the Industry from appearance to product. JG: We appreciate your responses Cameron! What is the best way for a NICA Member to reach you? CM: By email at email@example.com, by phone or text at (919) 723-6740, or at any of the Fairs I play during the year. ▲
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Yes, a motor carrier operating a vehicle with a manufactured model year of 2000 and newer and without an ECM is subject to the ELD 9. What electronically transferred data from rule. If the currently installed engine does not ELDs will be retained by Federal Motor Carrier support an ECM and is unable to obtain or Safety Administration (FMCSA) and other estimate the required vehicle parameters, then authorized safety officials? the operator must use an ELD that does not rely FMCSA will not retain any ELD data unless there on ECM connectivity, but nevertheless meets the accuracy requirements of the final rule. See is a violation. Appendix A to Subpart B of Part 395 sections 10. What is the carrier’s responsibility in ensuring 4.2 and 4.3.1 of the ELD rule for accuracy that they are using a registered device? requirements.
“ELD” continued from page 23 ►►
The motor carrier is responsible for checking that their device is registered. This includes checking both the registration and revocation list periodically. The list of registered and revoked ELDs can be found on the following link: https://3pdp.fmcsa.dot.gov/ELD/ELDList.aspx. In the event that an ELD is removed from the registration list, FMCSA will make efforts to notify the public and affected users. Motor carriers and drivers are encouraged to sign-up for ELD Updates to receive notifications on when an ELD has been listed on the Revocation List.
13. How are motor carriers required to present records of duty status (RODS) from December 11-17, 2017? Will drivers be required to present their records of duty status on ELDs? No, drivers will not be required to present RODS on ELDs from December 11, 2017, to December 17, 2017. Drivers can present their previous 7 days of RODS through any of the following:
• Paper records, • A printout from an electronic logging device, • A display from a device installed with logging software and electronic signature capabilities, 11. How will the ELD display screen or printout • Having the records available by entering them reflect special driving categories; yard moves into an ELD, or and personal conveyance? • Continued use of a grandfathered automatic on-board recording device. While not required, if the motor carrier configured the driver user account to authorize a special ELD Exemptions driving category, then the graph-grid will overlay periods using a different style line (such as 1. Who is exempt from the ELD rule? dashed, dotted line, or shading) in accordance Drivers who use the timecard exception are not with section 220.127.116.11(c)(1) of the ELD Functional required to keep records of duty status (RODS) Specifications. The appropriate abbreviation or use ELDs. Additionally, the following drivers must also be indicated on the graph-grid. are not required to use ELDs; however, they are If the motor carrier does not configure the still bound by the RODS requirements in 49 CFR driver user account to authorize special driving 395 and must prepare logs on paper, using an categories, then the driver must annotate the Automatic On-Board Recording Device (AOBRD), beginning and end of the applicable special or with a logging software program when driving category. required: 12. If the vehicle registration for a commercial motor vehicle reflects a model year of 2000 or newer, but the vehicle was manufactured without an engine control module (ECM), is the carrier required to comply with the ELD rule? 26
August 2017 NICA News
• Drivers who use paper RODS for not more than 8 days out of every 30-day period. • Drivers who conduct drive-away-tow-away operations, where the vehicle being driven is the commodity being delivered. • Drivers of vehicles manufactured before 2000.
• Drivers who are required to keep RODS not more than 8 days within any 30-day period. • Drivers who conduct drive-away-tow-away operations, where the vehicle being driven is the commodity being delivered, or the vehicle being transported is a motor home or a recreation vehicle trailer with one or more sets of wheels on the surface of the roadway. • Drivers of vehicles manufactured before the model year 2000. (As reflected on the vehicle registration)
required to possess documentation that confirms the vehicle engine model year. 49 CFR Part 379 Appendix A, requires motor carriers to maintain all documentation on motor and engine changes at the principle place of business. If a determination cannot be made at the roadside, Law Enforcement should refer the case for further investigation.
2. What time periods can be used to determine the 8 days in any 30-day period?
Yes. Motor carriers with operations that are exempt from the requirements of 395.8 are exempt from the ELD rule.
The 30-day period is not restricted to a single month, but applies to any 30-day period. For example, June 15 to July 15 is considered a 30day period. 3. What information may be requested to support the exemption for drivers not required to use RODS more than 8 days in any 30-day period? Authorized safety officials may inspect and copy motor carrier records and request any records needed to perform their duties.
5. If a motor carrier’s operation is exempt from the requirements of 395.8, is the motor carrier also exempt from the ELD rule?
6. Are Canada- and Mexico-domiciled drivers required to use ELDs when they are operating in the United States? Yes. Canada- and Mexico-domiciled drivers must comply with the Federal hours of service rules while operating in the United States. This includes using ELDs complaint with 49 CFR Part 395, unless they qualify for one of the exceptions. A driver operating in multiple jurisdictions will be able to annotate the driver’s record of duty status on the ELD with information on periods of operation outside the United States.
4. If the vehicle registration for a commercial motor vehicle reflects a model year of 2000 or 7. How should an ELD record a driver’s hours newer, but the connections and motor vehicle of service when operating in another country components (such as the engine) are older such as Canada? than model year 2000, is the vehicle exempt The ELD provider may tailor the device to its from the ELD rule? customers’ needs/operations to assist them in Yes. When a vehicle is registered, the model accurately monitoring drivers’ hours of service year should follow the criteria established by the compliance in accordance with the hours of National Highway Traffic Safety Administration service standards of the country operated in, such (NHTSA). There may be instances where the as cross-border operations. model year reflected on the vehicle registration 8. Can drivers operate commercial motor vehicles is not the same as the engine model year, most (CMVs) equipped with ELDs, if they are not commonly when a vehicle is rebuilt using a required to use them due to an exception? “glider kit.” In this circumstance, an inspector/ investigator should use the model year on the Yes. Drivers can drive CMVs equipped with ELDs engine to determine if the driver is exempt from and still use their exception. A motor carrier the ELD requirements. If the engine model year may configure an ELD to show the exception for is older than 2000, the driver is not subject to the drivers exempt from using the ELD, or use the ELD ELD rule. In instances in which the engine model annotation to record the status. year is 2000 or newer, and the vehicle registration reflects a model year older than 2000, the driver ►► “ELD” concluded on page 30 is subject to the ELD rule. While the driver is not August 2017 NICA News
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“ELD” continued from page 27 ►► 9. Can a driver use an ELD on a CMV with a model year older than 2000?
motor carrier installed and required its drivers to use before the ELD rule compliance date of December 18, 2017. The device must meet the requirements of 49 CFR 395.15. A motor carrier may continue to use grandfathered AOBRDs no later than December 16, 2019. After that, the motor carrier and its drivers must use ELDs. See Section 395.15 (a) of the ELD final rule.
Yes. However, the ELD must comply with the ELD rule’s technical specifications. The ELD may use alternative sources to obtain or estimate the required vehicle parameters, in accordance with 5. When are drivers subject to the ELD rule the accuracy requirements in Section 4.3.1 of the required to start using ELDs? ELD rule. Motor carriers and drivers subject to the ELD rule must start using ELDs by the compliance date Voluntary Usage and Compliance Phases of December 18, 2017, unless they are using a grandfathered Automatic On-board Recording 1. How soon can ELDs be installed and used in Device (AOBRD). CMVs? 6. What will be the enforcement procedures for Since February 16, 2016, ELD manufacturers “grandfathered” AOBRDs and ELD during the have been able to register and self-certify their two-year period following the compliance ELDs with FMCSA, and motor carriers have been date of the ELD rule? able to elect to use ELDs listed on the website. All motor carriers and drivers subject to the During the period when both “grandfathered” requirements in the ELD rule must begin using an AOBRDs and ELDs will be used (December 18, ELD or “grandfathered AOBRD” on December 18, 2017 to December 16, 2019), authorized safety 2017, the compliance date of the ELD rule. officials will enforce ELD rule requirements for ELDs and the requirements in 49 CFR 395.15 2. What are the enforcement procedures for for “grandfathered” AOBRDs. The supporting registered ELDs installed and used in CMVs document requirements for drivers and motor prior to the compliance date of the ELD rule? carriers using either device will take effect on the ELD rule compliance date of December 18, 2017. Prior to the compliance date of December 18, 2017, ELD use is voluntary. Safety officials will 7. According to § 395.8, if a motor carrier review ELD information to determine compliance “installs and requires a driver to use an with the hours of service regulations and to AOBRD…before December 18, 2017 they may detect falsifications. continue to use the AOBRD until December 16, 2019.” Does this mean I can move an 3. What are the options for carriers and drivers AOBRD from one vehicle to another after to complete RODs prior to the ELD rule December 18, 2017? compliance date? Prior to December 18, 2017 drivers and motor carriers can use: • Automatic onboard recording device (AOBRDs), • ELDs, • Paper logs or • Devices with logging software programs. 4. What is a “grandfathered” AOBRD? A “grandfathered” AOBRD is a device that a 30
August 2017 NICA News
If your operation uses AOBRDs before December 18, 2017, and you *replace vehicles in your fleet you can install an AOBRD that was used in the previous CMV. However, you may not purchase and install a new AOBRD in a vehicle after December 18, 2017. ▲ Check out September’s issue for more frequently asked questions on Electronic Logging Devices! For more information, contact Tracey McQuilken, Ion DOT Compliance, at email@example.com.
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August 2017 NICA News
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August 2017 NICA News
2017 Membership Contest Leaderboard* General Membership Jennifer Allison......................................................................2 Robert Hutchins....................................................................2 Etta Pence, CCE.....................................................................3 Robert Santorelli...................................................................2 Lee Amos...............................................................................1 Mike Knott.............................................................................1 Andi Price..............................................................................1 Phil Teague............................................................................1
Councils Jay Wells................................................................................5 Russ Harrison, CCE...............................................................1
Board of Directors Sandy Class...........................................................................3 Don Delahoyde, CCE..............................................................2 Carmel Dyer-Pittroff..............................................................1 Richie George........................................................................1 Dominic Palmieri, III, CCE......................................................1 Kathy Ross............................................................................1 Daryl Whicheloe, CCE............................................................1
*See the back cover for rules and prizes
Advertise Your Business in
by calling the NICA Office today at (813) 438-8926 emailing firstname.lastname@example.org, or by downloading the online Insertion Order at www.nicainc.org/pages/advertising. Contact us today to reserve your spot! August 2017 NICA News
2017 Events Calendar
Representing NICA & Its Industry Partners August 15: Directory Updates go out to membership
September 4: Labor Day (Office Closed) 12: Northeast Council Rally at the Big E • West Springfield, MA TBA: NICA West / Fairplex CDC Golf Tournament • La Verne, CA 14-16: IFEA Annual Convention, Expo & Retreat • Tucson, AZ 30: Board of Directors election ballots due in the Office
October 1: CCE Applications due in the office 14: Kentucky Association of Fairs Annual Fall Meeting • Louisville, KY 19–21: British Columbia Assoc. of Agricultural Fairs & Exhibitions Annual Convention • Victoria, BC 19–21: Washington State Fairs Assoc. Annual Convention • Vancouver, WA
21–23: MAAS Annual Convention • Brandon, MB 26–28: Oregon Fairs Association Annual Convention • Albany, OR
November 13–17: IAAPA Attractions Expo • Orlando, FL 15–17: CAFE Annual Convention • Montreal, QC 23: Thanksgiving (Office Closed) 26–29: 127th IAFE Convention & Trade Show • Las Vegas, NV
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 may be announced in future issues of NICA News or at www.nicainc.org on our calendar.
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August 2017 NICA News
National Independent Concessionaires Association, Inc. 1043 E. Brandon Blvd., Brandon, FL 33511 Phone: 813-438-8926 • Fax: (813)438-8928 Email: email@example.com • Website: www.nicainc.org
For Off ice Use Only
MEMBERSHIP APPLICATION q Mr. q Mrs.
Name of business: Physical address: Mailing address:
Primary Phone Number :
Alternate / Cell phone number :
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
q Independent Concessionaire............................................$125 q Additional Member...............................................................$75
q q q q q
A person or entity who provides services to the concession industry.
q Employee................................................................................$50 q Retired....................................................................................$50 five Year independent Concession Membership
Pay for five years up front and save $50.
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
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
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.
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________
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. __________________________________________________________ I understand that my application is subject to final approval by the NICA Board of Directors. I also understand that if my application is not accepted, the amount paid will be refunded to me. If accepted for membership in NICA, I hereby agree to abide by its by-laws and rules.
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.
Beneficiary ________________________________________ Phone ___________________
National Independent Concessionaires Association, Inc. 1043 E. Brandon Blvd., Brandon, FL 33511 Time Sensitive Mail â&#x20AC;¢ August 2017 Issue
PRSRT STD U. S. POSTAGE PAID STEVENS POINT WI PERMIT NO. 272