November 2017 NICA News

WE DELIVER!

With our warehouses centrally located in Tampa, Florida and the Midwest, Fare Foods is able to deliver to events on site in 44 different states.

Our customers value our friendly customer service and appreciate consistent delivery of product to their events throughout the year.

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For more information call and speak with a Customer Service Representative today!

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• Meats • Produce • Frozen Items • Dry Goods • Canned Goods • Paper Products • Fun Foods • Custom Printed Cups

COMPLETE SUPPLY OF ALL CONCESSION PRODUCTS! Meat

Produce

Frozen Items

Paper Products

Fun Food

Dry Goods

Canned Goods

Custom Printed Cups

Contents • November 2017 FEATURES

Activities & Events

12 Thoughts from a CCE

07 Hidden Object Contest 24 Industry Appreciation Night 25 Don’t Miss These Great Workshops 37 Coca-Cola Membership Contest Leaderboard 38 2017 Events Calendar

Don Long, CCE, L&L Concessions

14 NICA Business Expo & Fare Foods 2018 Food Show Information

News & Articles 04 This Month’s New & Renewal Members 05 President’s Message Dominic R. Palmieri, III, CCE

05 Director’s Voice Mike Pence, CCE

07 Card’s Corner Michelle Card

10 Association Announcements 13 Outside the Fair 19 NICA in the Northeast 20 The Perfect Day for Playing 22 Guidelines for Preparing to Sell Your Business 26 Electronic Logging Devices: Frequently Asked Questions Part 4 28 Getting to Know Your Regional Council Members 29 Fair Faces of North Carolina 34 Fair Time is Gathering Time!

AdvertiSers 38 Allied Specialty Insurance 23 Brakebush Brothers 09 Coca-Cola 31 Fanestil Meats 02 Fare Foods 32 First Data 37 Haas & Wilkerson Insurance

06 Hummel Group Insurance 23 JKJ Workforce 33 K & K Insurance 08 Soda Parts Express 33 Source1 Purchasing 11 Tastemaker Foods 12 The Best Around 36 Whirley DrinkWorks!

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 © 1993-2017 NICA, Inc. All Rights Reserved. Happy Thanksgiving!

November 2017 NICA News

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This Month’s Newest Members!

Mary Anderson Route 66 Pizza Puyallup, WA

Denise Dyson Big Reds Cajuns Unlimited Merryville, LA

Randy Anderson Route 66 Pizza Puyallup, WA Jenifer Bachelder CTS Wholesale LLC Salem, OR Kirk Bachelder CTS Wholesale LLC Salem, OR Michael Christensen Sales Lunch, Inc. Puyallup, WA

Pamela Horton P.C. Concessions LLC Fairland, OK Tony Judah Paella Pro LLC Olympia, WA James Judkins JKJ Workforce Agency, Inc. Harlingen, TX

Fred O’Neil O’Neil Amusements LLC St. Paul, MN

Felicia Ortega Fry Factory Albuquerque, NM

Leah O’Neil O’Neil Amusements LLC St. Paul, MN

John Ortega Fry Factory Albuquerque, NM

Richie O’Neil O’Neil Amusements LLC St. Paul, MN

Doug Roth American Fries White Plains, NY

Rob O’Neil O’Neil Amusements LLC St. Paul, MN

David Teig Fairplex Pomona, CA

Teri O’Neil O’Neil Amusements LLC St. Paul, MN

Ben Vrieze Vrieze’s Fleischkuechle Buckley, WA

We wish a warm welcome to all 19 of our newest members! “Together We Can!”

This Month’s Member Renewals Dane Baldwin D & D County Fair Cinnamon Rolls Oakhurst, CA (2009)

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Patty Dee Miami-Dade County Youth Fair & Exposition Miami, FL (1993)

Chris Huston Huston Enterprises / Huston Family Foods Dubuque, IA (2006)

Jay Beck Jackie DeRamus Beck’s Taffy & Concessions Lakeside Concession Melvin, IL (2015) Shawnee, OK (2006)

Stephanie Janousek Fun Biz Concessions, Inc. New Braunfels, TX (2009)

Arnold Blewer Arnold’s Concessions Springfield, MO (2003)

Patrick Dunham Cousins Confections Inc. Raleigh, NC (2011)

Kara Moederndorfer The Sleek Greek Glendale, AZ (2016)

Michael Bliss The Sleek Greek Glendale, AZ (2016)

Connie Featherston Lee’s Concessions, Inc. Faribault, MN (2010)

John O’Gee O’Gee Donuts Yelm, WA (2016)

Connie Boesen Applishus Inc. Des Moines, IA (2015)

Bev Fisher, CFE Canfield Fair Canfield, OH (2003)

Brett Rubert Parnell Foods, Inc. Belvidere, IL (1996)

Vickie Bragg The Donut Diner Chatham, MI (2006)

Joseph Hendricks Hendricks Concessions Torrington, CT (2016)

Lee Stevens Julees, LLC Gibsonton, FL (2014)

Rich Brander Brander Enterprises, Inc. Sta. Margarita, CA (2007)

Bev Fisher, CFE Canfield Fair Canfield, OH (2003)

Jack Sturgeon Jack’s Shack N. Ft. Myers, FL (2000)

Jan Cates The Cates Company Perrysville, OH (2009)

Lucky Henner Capital Cookery, Inc. Wolfforth, TX (2004)

November 2017 NICA News

John Traxler Captain Ken’s Foods Saint Paul, MN (2016) John Uhl Century Industries, LLC Sellersburg, IN (1993) Julie Ukmar R & J Concessions, LLC DBA Rick’s Concessions Sarasota, FL (2012) Rick Ukmar R & J Concessions, LLC DBA Rick’s Concessions Sarasota, FL (2012) Steve Vandervorste Pat’s Concessions New Braunfels, TX (2015) Stephen Vartanian Vartanian Concessions Management Murrieta, CA (2016)

Thank you to all 29 Renewing Members for your continued support! “Together We Can!”

President’s Message Dominic R. Palmieri, III, CCE, President

As most of you are headed home and ready to park the equipment, send your employees home to their families and finally get a bit of rest, I say “Hold your horses because NOW we’re just getting started!” It’s convention season again and actually one of the most important times of the year for your business.

Convention season is the right time to reconnect with partners. Fairs, Concessionaires, and Commercial Exhibitors all discussing new ideas, collaborating amongst concessions committees, developing new promotions and discussing new food and commercial options are the kick off to new beginnings. New and exciting is what the guest is looking for and innovation and brainstorming are the preparations to achieve guest Zen. Remember we ALL MUST KEEP the Guest in mind as we move forward in all our endeavors. They are whom we really work for.

Future proofing your company, Fair, or

“Convention Season is Upon Us” organization is paramount to continued success.

I encourage all of you to attend Future-Proofing Your Event or Business with Jim Teece, Jackson County Fair, at this year’s IAFE Convention. This is an exciting documentary from a Fair Volunteer turned Fair Director about taking a Fair that was failing miserably to a Fair where they can’t park any more cars in the lots or line up the customers at food stands any further. I encourage everyone to listen to what many of us have in all our organizations—complacency and how to get out of that mold.

Your NICA Board has been preparing for five major conventions with representation at all of them. IAFE, IAAPA, WFA, NICA Business Expo, and Florida Fed. We will also have NICA members present at several State Fair Association meetings. Being part of the planning, innovating, and solutions to many different issues is what we do best. In any given room at any given time

►► “Message” continued on page 8

Director’s Voice Mike Pence, CCE, Director

The past twenty five years we have seen much change.

Four United States Presidents, wars, attacks on our Homeland, and many other incidents that we may or may not want to remember as we go about our everyday lives.

NICA has changed too!

The Board changes with annual regularity as we attempt to keep communication open with our colleagues in the Fair Industry.

But some issues that we as Concessionaires have to deal with are not necessarily new. For example, bottled vs. fountain soda, flat rate vs. percentage, exclusives, and cashless systems.

“Twenty Five Years!”

Some of these issues just keep recycling through time.

As NICA matures it is still our responsibility to keep addressing these concerns to help make the FAIR EXPERIENCE the best it can be for the customer. That is why we are all involved in this business. Yes, of course, we want to make a profit but let’s make it a good experience for those who are being entertained—our customers.

Change can be a good thing as long as it’s not “Change for the Sake of Change” alone.

Congratulations to NICA’s most recent change: Bruno, Kevin, and Rocco. Welcome to the Board!

Remember: “Together We Can!” ▲ November 2017 NICA News

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Officers

President: Dominic R. Palmieri, III, CCE 1st Vice President: Dan Lusenhop 2nd Vice President: Kathy Ross Secretary: Sandy Class Treasurer: Jennifer Giordano

Directors

Don Delahoyde, CCE Carmel Dyer-Pittroff Richie George Tim O’Brien, CCE Mike Pence, CCE Daryl Whicheloe, CCE

Immediate Past President Paulette Keene, CCE

Past Presidents’ Council Joe Potillo, Jr. Greg Miller, CCE Tom Sattler, CCE Russ Harrison, CCE

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)

OFFICE STAFF

Executive Director: Michelle Card

michelle@nicainc.org

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

Business Manager : Jack Turner jack@nicainc.org

Communications, Marketing & Design: Jesse Willard communications@nicainc.org

Northeast Council

National Representatives

Coordinator : Jessica Gottsche

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

jessica@nicainc.org

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

West Council

Coordinator : Rey O’Day

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 nica@nicainc.org

rey@nicainc.org

Council Members: Kim Barr Nate Janousek Ryan Long Ashley Murray Mike Newman Lisa Thompson-Baker Jay Wells Daryl Whicheloe, CCE April Wood

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 6

November 2017 NICA News

Fleet

Liability

Workers’ Compensation

Card’s Corner Michelle Card, Executive Director

Anniversaries are often a time for cheers, applause, reflection, and change.

As NICA approaches its 25th Anniversary and your year is coming to an end, I ask you to reflect on your customers’ experience at each Fair. Your stories and reflections will be considered for NICA’s “25 Years of Best Practices.” What worked? What didn’t? What would you change? Please share your customer experience impact stories with the NICA office by calling (813) 438-8926 or emailing communications@nicainc.org.

As your season is winding down, the NICA office’s convention season is winding up. The office has been working with many of you in preparation for the IAFE Annual Convention* in Las Vegas, NV, the WFA Convention and Trade Show in Anaheim, CA, various State Association Conventions nationwide, and, of course, the NICA Business Expo and Fare Foods 2018 Food Show** in Tampa, FL that will spotlight our 25th Anniversary! I appreciate all of the continued member support and can honestly say, “We couldn’t do it without you!”

When you see me at the upcoming conventions, be sure to come by and say “Hello.”

I have traveled extensively this past year and a half to meet new members, yet there are so many of you that I have not had the pleasure of meeting face-to-face. Please introduce yourself. I would love to put faces to the names and the companies that I work with each day.

HIDDEN OBJECT

Contest!

Find the Turkey Leg

Don’t forget to register for the NICA Business Expo and Fare Foods 2018 Food Show at www.eventleaf.com/2018expofoodshow. There are also links available from the NICA website.

The 2018 Expo is poised to be one of our best yet.

We look forward to celebrating 25 years with each of you! “Together We Can Convention!” ▲ * If you plan on attending this year’s IAFE Convention, make sure to visit our Industry Appreciation Night on Monday, November 27th; turn to page 24 in this issue for more details. ** For registration, sponsorship, and other information for the NICA Business Expo and Fare Foods 2018 Food Show, turn to page 14.

Somewhere in this issue we have lost a turkey leg from Thanksgiving.

Do you think you’ve seen it? 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 November 30, 2017.

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who has worked so hard all summer, not only running their businesses and families, but dedicating themselves to ALL NICA members we usually have a few hundred years of total through their hard work and efforts. Let’s also combined experience. We welcome all members be grateful to the many members who support to reach out to the NICA office if you are planning and attend Fair events, fundraisers, or coffee to attend any State Fair Conventions. We have clutches. What they have done for “YOU,” our NICA talking points to help you with many different organization, has been positive for the Industry. subject matters and can help sign you up as part We have Directors, Past Presidents, and members of the solutions and planning that takes place working on Industry issues including Transfer of during convention season. Being part of the Ownership, Committees on Cashless Systems, festivities is important to us and we want to be Concessions Communication Committees, there to support our sister organizations.

Member Benefits, Purchasing Commissaries on In continuing with the important year-end Fairgrounds, and Fundraising. I thank everyone for festivities, I’m pleased to announce that NICA their selfless service to the Industry. has elected three new Board Members to the For everyone traveling to the many Industry organization. We welcome Andrew “Bruno” events, please travel safely and enjoy the fruits Broomfield, Kevin McGrath, CCE, and Jay “Rocco” of a season well done. This is the time we all Russell and look forward to their efforts and should be with family; yet, the show must go on. guidance. Please say hello to them and all the So during this hectic travel time of the convention NICA Board as you run into the dashingly beautiful year, remember those who have been and are still and handsome group wearing the Electric Royal waiting for you to come home.

Blue Coats. You will know when NICA is in the I wish you all a great start to the holiday house! season and “Welcome home!” Well, at least for a I wanted to give thanks to your NICA Board little while. ▲

“Message” continued from page 5 ►►

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November 2017 NICA News

November 2017 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

NICA Members Were Serving the Route 91 Harvest Music Festival Many of the Food and Beverage Concessionaires present at the Route 91 Harvest Country Music Festival in Las Vegas were NICA members. They witnessed the carnage. It was under their counters that guests sought shelter from flying bullets. Thankfully, their employees survived. All of their equipment and product has been impounded by the authorities investigating the crime scene. Many have had to borrow equipment for their next event and ask for help transporting equipment at other events.

NICA is grateful that Jose De La Cruz, Backyard BBQ Photo © REUTERS/Chris Wattie Village, Inc.; Ryan Needham, Needham Concessions; Nathan Marcus, West Coast Weenies; Neil Dorfman, Popcorn Neal, Inc.; Connie Everett, PHD & Me; and Blake and Eva Bishop, Bishop Concessions, and their families, their employees, and their employees’ families are all safe. Traumatic events like this have many unintended personal and professional consequences. We are thinking about and praying for everyone involved.

This is a reminder to all of us to be very aware of our surrounding circumstances. We are proud that our members support their families, participate in their communities, and are committed to serve their Festival and Fair guests with high regard for quality and safety. “Together We Can!” ▲

Call for Stories and Photos from the last 25 Years To prepare for our 25th year coming in 2018, we want to focus on our members’ experiences during this period of history. Were you here since the very beginning? Were you part of NICA’s leadership during these years? Did you just join but want to share your story? We want to hear from you! Send your stories, photos, etc. to communications@nicainc.org today. ▲

Passing of Mark Neagles, Good Source Solutions It is with great sorrow that NICA shares with you the passing this morning of Mark Neagles, International Sales Manager, Good Source Solutions, from a staph infection following back surgery. He was truly a good, kind, honest, and ethical person who was enormously resourceful in so many ways. He knew how to think, find things, discuss ideas, and find solutions. His passing will change the paradigms of how we do business—his tenacity, proactivity, caring and energy role model a very positive way to do our work and live our lives.

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November 2017 NICA News

NICA members Teresa Brander, Brander Enterprises, and Lisa Thompson-Baker, Lisa’s Concessions, with Mark Neagles, Good Source Solutions, at the WFA Convention

He supported NICA projects enthusiastically and generously; most recently, playing in the 11th Annual San Diego Golf Tournament. Many are grateful for the honor of knowing him and working with him. Pray for him, pray for his family, pray for his dear friends, pray for all of us that will miss his presence, and pray for a world that sincerely needs men like him in it. In lieu of flowers please make donations to The Boys and Girls Club of South County, 847 Encina Avenue, Imperial Beach, CA 91932. ▲

Congratulations to This Year’s Election Winners!

This year’s election has been a very exciting race, with five Nominees vying for the three open spots on next year’s Board of Directors. This year’s ballots were counted in early October at the Arizona State Fair in Phoenix, AZ by NICA’s 2017 Election Committee.

The Election Winners are: Andrew “Bruno” Broomfield, Creamy Rich Kevin McGrath, CCE, The Best Around Jay “Rocco” Russell, Russell Concessions Each newly elected Board Member will start their term beginning in February 2018. We thank all Voting Members and Board Nominees for their participation in this year’s election. ▲

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Proudly Distributed Through Fare Foods • Call 800-651-1601 For More Information • www.farefoods.com November 2017 NICA News

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Thoughts from a This month’s Statement of Communications & Management Philosophy is from Don Long, CCE, L&L Concessions, who earned his CCE in 2009: “Since the idea or concept of starting a concession business in 1981, my philosophy for the managment and communications within L&L Concessions, Inc. has not changed. I have always felt that if you supply a good product by using quality food and providing a safe and good working environment for your employees that you will have a successful Concession company.

I have surrounded myself with a very efficient management team, consisting of my wife, Shelley, who runs the personnel department of this company while my son, Ryan, has helped me with the set up and running of the shows and making sure the operation runs smoothly and all three of us work on placing orders for product to be used.

This all works only if you have good communication, not only within management but with employees too. I have always had an ‘open-door policy’ for any employee who needs to or wants to discuss anything with regards to working for L&L Concessions. Good management and communications are key elements for a successful business.“ ▲ The CCE Program was developed to recognize the professionalism of Concessionaires.

The title of CCE represents a deep understanding and respect for the Fair and Festival business and indicates that the titleholder will perform with the highest level of professionalism. The applicant must have a minimum of seven years as a full-time chief operating manager of an independent concession business and be a current member of NICA, at least one State Association, and of one of the following associations: IAFE, IFEA, or the WFA. The applicant must then complete a questionnaire and a 150-200 word personal philosophy of communication and management as it relates to the fair industry.

Applications are accepted until October 1st of each year, but applications submitted after the deadline are still reviewed for the following year’s program.

Visit the CCE website for more details: goo.gl/H3VKUf 12

November 2017 NICA News

Outside the Fair This is a new segment bringing national news stories to the world of the NICA News. If you have a topic that you’d like covered in the future, reach out to the NICA Office at (813) 438-8926 or communications@nicainc.org.

This Year’s H-2B Developments The current status of H-2B visa workers, also known as non-agricultural seasonal workers, is very important to many employers nationwide.

According to the H-2B Workforce Coalition, the H-2B program is “essential to employers who cannot find local temporary workers to fill jobs” that are essential to their seasonal businesses.

“Most of these seasonal businesses need H-2B workers to supplement their American workforce.

Many of these businesses, however, will not be able to hire H-2B workers in fiscal 2018 because the program’s annual 66,000 cap (33,000 for each half of the fiscal year) fails to meet the demands of a growing economy.”

According to the USCIS, after September 15th, they were “no longer accepting petitions filed under the joint final rule that increased the H-2B cap limit for fiscal year 2017.” This rule was published in July by the Departments of Homeland Security and Labor, increasing the annual cap by 15,000 visas to 81,000 total.

The lasting benefits of this temporary cap relief may not be felt now, but its effects will certainly inform next year’s business and legislative cycle in response. Unfortunately, businesses who are currently struggling to find adequate workforce for upcoming seasonal opportunities could be left in the lurch. ▲

a member of the U.S. House Transportation and Infrastructure Committee and the Highways and Transit Subcommittee, announced that he had introduced H.R. 3282, the ELD Extension Act of 2017, legislation that would provide for an additional two year delay before mandatory implementation of Electronic Logging Devices on all American freight trucks. “While technology like ELD’s have great promise, I didn’t come to Washington to force those ideas on small businesses,” said Representative Babin.

“If trucking companies want to continue implementing and using ELD’s, they should go right ahead. But for those who don’t want the burden, expense and uncertainty of putting one of these devices into every truck they own by the end of the year, we can and should offer relief.”

A separate amendment that would have stalled funding to implement, administer or enforce the mandate until next September was defeated by a vote of 173 (in favor) to 246 (opposed), leaving the current compliance date of December 18, 2017 in place. The Federal Motor Carrier Safety Administration (FMCSA) made clear its position on a delay: “Any delay in implementation will diminish rather than enhance highway safety.” ▲

California’s Minimum Wage Increasing

According to the state of California’s Department of Industrial Relations, the minimum wage for all industries will be increased yearly ELD Compliance Date Still In Effect within the state.

ELDs, or Electronic Logging Devices, have been From January 1, 2017, to January 1, 2022, a hot topic as of late among the transportation the minimum wage will increase for employers and travel community, and for good reason. For employing 26 or more employees, raising from some, the ease of electronically documenting $10.00/hour annually to $10.50, $11, $12, $13, important route-based information saves workers $14, and $15/hour. This increase will be delayed a ton of time filling out paper log books by hand, one year for employers employing 25 or fewer but others feel that the requirements are coming employees, from January 1, 2018, to January 1, too quickly and may prove disastrous and costly 2023, with the same increments in effect. for those who aren’t able to adapt in time.

This will not affect the current Federal In July, a House of Representatives press minimum wage, but it does echo similar wage release revealed that Representative Brian Babin, increases in pockets all across the country. ▲ November 2017 NICA News

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Join us aΩ ¹e

SHERATON TAMPA EAST 10221 Princess Palm Ave. Tampa, FL The NICA Business Expo will provide Workshops and Discussion Groups which will cover the issues and the daily challenges our industry is faced with today.

The Workshops will be facilitated by experts in their fields. This year also marks NICA’s 25th Anniversary, join us in helping them celebrate this momentous feat.

The Fare Foods 2018 Food Show will feature exhibitors showcasing the latest food trends and technology that will define the 2018 Fair Season.

FEBRUARY 5TH & 6TH, 2018 NICA Workshops and Discussion Groups Fare Foods Food Show: 5 pm - 9 pm (Vendor Setup: Feb. 5th, Noon - 4 pm)

FEBRUARY 7TH, 2018 NICA Membership Meeting and Evening Entertainment

Wc look forward to sccing you in Tampa 14

November 2017 NICA News

Exhibit Space Application FEBRUARY 5TH, 6TH & 7TH, 2018 Food Show: 5:00 pm - 9:00 pm - Vendor Setup: Feb. 6th, Noon - 4:00 pm

Please Select a Sponsorship Level  Platinum .......... $7,500  Gold .................... $5,000

 Silver .................. $3,000  Bronze ............... $2,000

Return completed form by November 15, 2016 to: Fare Foods, P.O. Box 407, Du Quoin, IL 62832 Phone: (618) 542-2155 • Fax: (618) 542-4798 E-mail: apoole@farefoods.com All payments must be made in full by December 30, 2017 or booth space will be forfeited.

Company Name _____________________________________

List products/services to be exhibited:

Contact Person ______________________________________

_____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________

Phone ____________________ Cell ____________________ Address ____________________________________________ __________________________ City _____________________State ______ Zip __________ E-mail: _____________________________________________ ☐ Master Card

☐ Visa

Credit Card No. ______________________________________ Expiration Date: _____________________________________ Signature ___________________________________________

Name Badges: Please print first and last name of individuals working your booth

_____________________________ _____________________________ _____________________________ _____________________________ _____________________________ _____________________________

Credit card payments accepted, *3% Processing Fee Applies

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Hotel Reservations To reserve hotel accommodations at the

Sheraton Tampa East you must visit the online reservation site at

https://www.starwoodmeeting.com/Book/FFOABANICA2018

2018 SPECIAL REDUCED RATES! FEBRUARY 5TH, 6TH & 7TH, 2018

King Single / Double Bed Room.......................................$133.00 Breakfast vouchers available for $13 per person, per day (including tax) for each guest in room.

You will only be charged when voucher is redeemed.

Vouchers provided at check-in. (Redeemable at Panfilo’s Restaurant) *For Junior Suite Upgrade, please contact Audrey Poole at Fare Foods prior to reserving your room.

Limited availability.

If you have questions about the reservation process for 2018 please call or email Audrey Poole: (618) 542-2155 • apoole@farefoods.com *Limited number of rooms available!

RESERVATIONS MUST BE MADE NO LATER THAN JANUARY 5, 2018 to receive these special reduced rates. Credit card required to reserve room.

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November 2017 NICA News

Sponsorship Opportunities q 25th Anniversary Gala Entertainment.................................................................$1500 q Opening Ceremony Champagne Toast.................................................................$1500 X 25th Anniversary Gala Open Bar / Cocktail Hour.................... Sponsored by OABA q q 25th Anniversary Gala Photographer..................................................................$1000 q Food Show Refreshments......................................................................................$1000 X Food Show Ribbon Cutting................... Sponsored by Australian Battered Potatoes q q Board Luncheon.......................................................................................................$800 X Past Presidents Luncheon..................................... Sponsored by Odyssey Foods LLC q X 25th Anniversary Lapel Pins (2 More Available).............. Sponsored by Rudy's Inc. q q New Member Goodie Bag........................................................................................$500 q Welcome / Registration Refreshments (2 Available).............................................$500 X 25th Anniversary Gala Decorations.................... Sponsored by Odyssey Foods LLC q q Educational Workshops (No Limit)........................................................................$250 First Name: ___________________ Last Name: _____________________ Company: ____________________________________________________ Phone: _____________________________ Email: ___________________ Address: _____________________________________________________ Payment Type: q Cash q Check q Credit Card CC #:________________________ Exp: ___ /___ Code: ______ Signature: ________________________________________ All Sponsors will receive company name and/or logo on the NICA Website, in the Convention Schedule booklet and General Membership Meeting program, and on the signage at the Registration Desk, Food Show Lobby, General Membership Meeting, and Hospitality Night.

You can submit your sponsorship application online to nica@nicainc.org, by fax to (813) 803-8460, or by mail to NICA, 1043 E Brandon Blvd. Brandon, FL 33511. Call (813) 438-8926 if you have any questions.

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Don’t Miss Out! This will be the biggest Business Expo and Food Show we have had in the last 25 years. Register online today at www.eventleaf.com/2018expofoodshow

Educational Workshops Topics include Member Benefits, Property and Health Insurance, Point of Sale Options, DOT Updates, Electronic Logging Devices, Concession Trends, Transfer of Ownership, Human Resources, Risk Management, and more!

Annual Auction Items include “His and Her” Diamond Rings with 25 beautifully arranged diamonds to celebrate NICA’s 25 Years, Sniper School, Gift Baskets, Guns, and more!

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November 2017 NICA News

NICA in the Northeast Vinnie Nelson, Northeast Council Member

On September 12th, the Northeast Council held their second annual Rally at Latitude, just outside The Big E fairgrounds in West Springfield, MA. I believe a great time was had by all!

We couldn’t host this event without our sponsors, and your continued support. On behalf of NICA and the Northeast Council, “Thank You!” to Jack’s Fries, Eastern States Exposition, Lattitude, Vinnie’s Fine Foods, Chester’s Gators & Tators, Osterman Propane, T&R Wholesale Foods,

and Potillo’s Sanitation Services. We look forward to our continued partnership in the future.

We had a few raffles: a 50/50 where the winning ticket was pulled by Gillian Palmer of The Big E, among a few other raffles that had prizes donated from members of the Northeast Council. We signed up four new members and Dominic Palmieri, CCE, NICA President, raffled off a membership to NICA. Overall, it was a wonderful event! Take a look at the pictures below for a good representation of the festivities. Hope to see you again next year! ▲

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The Perfect Day

for Playing Rey O’Day, Executive Manager of Councils On September 18th, the 11th Annual NICA West/Fairplex CDC Golf Tournament took place at Mountain Meadows Golf Course in Pomona, CA. This event has been cancelled because of 109 degree weather and pouring rain. This time it was a drop-deadThe O’Ryan Hat Company gorgeous Fall day of brought their game face and arrived with lots of spirit! Justin 82 degrees.

Murray, Steve Vartanian, Chris 44 players Swanson, and Damon Bartolone arrived, representing a mix of LA County Fair Vendor companies like Mojo Sports, C&C Concessions, Brander Enterprises, Vista Mobility, Spectra, Timbo’s II, Odyssey Foods, Olde Tyme Ice Cream, Foote Photo, M&M Marketing, Pink’s Hot Dogs, and O’Ryan Hat Company; and The Spectra team gathers: Gilbert Aguiano, Mark Hill, suppliers like Shawn Gilpin, and Sherry Flores Anheuser Busch (two teams), Classic (Coors), Southern Wine and Spirits, Cold Star Ice, and, of course, a team from Fairplex. 31 companies provided golf hole sponsorships. In addition, Fun Biz (chap stick and balls), Sysco (chips and cookies), Timbo’s (beef jerky), Jenn Stout (left), Anheuser Touch of Purple Busch and Kim Ehmke (right), Southern Wine and Spirits have (jewelry cleaner), Brander Enterprises been bringing teams, prizes (bottled water), and goodie bag items to this tournament since its inception Anheuser Busch 20

November 2017 NICA News

All the golf carts and players ready to go hit the links

(aluminum cups and golf tee sets), and O’Ryan Hat Company (classy bags) all added to the goodie bags.

Gary Barham, Hot Dog on a Stick; graciously provided the The event’s fabulous volunteer worker bees: Hole in One insurance for the 11th NICA West Pamela Hill, Pinks Hot Dogs, with Jan and Karen Gary, JK Tournament (he does Dots Del Mar too). Ryan Long, L&L Concessions and West Council; was the “official Hole Watcher.” Some came close, but no winner. The registration volunteers and prize “setter-uppers” were Pamela Hill, Pink’s; and Jan and Karen A multitude of prizes ready to be won! Gary, JK Dots.

Rey O’Day, NICA’s Executive Manager of Councils, coordinated the event.

The amazing thing about this day was the

Great day playing! Now it’s time to enjoy lunch before the opportunity drawings and winner announcements

Joe Lewis set his sights on wining the bicycle from the moment he saw it and he did!

Happy Winner: Damon Bartolone On a Happy Day!

receiving $75 each. M&M Marketing Products Team placed second, with players Ashley Murray, John Giordano, Dale Smith, CCE, and Gary Huber receiving prizes of $100 each. For a 13-underpar score, Classic Distributing and Beverage Group won first place, with players Henry, Phil, Robert, and Chris receiving prizes of $125 each.

Congratulations to all of our winners and a big “Thank You!” to all of our players, volunteers, and sponsors.

This event raised $1000 for the Fairplex Child Development Center and netted $6,000 for NICA Scholarships and other projects. It was indeed the “Perfect Day for Playing!” ▲

number and quality of donated opportunity drawing prizes. Spectra provided a 50” TV; there was a bright orange beach bicycle; Budweiser refrigerator that counts the bottles; Coca-Cola refrigerator, fine liqueurs, neon signs, logo mirrors, and golf for four at Mountain Meadows to name a few.

According to Ashley Rey O’Day with the First Place Team: Henry, Phil, Robert, Murray, M&M Marketing Lots and lots of tickets and putting contest and Chris with Classic Distributing and Beverage means lots of winners! organizer, John Giordano, C&C Concessions, won $110 as the Putting Contest winner. Damon Bartolone, who played on the O’Ryan Hat Company team, won a three pack of award winning wine for “Closest to The Pin” and Dominic Palmieri, CCE won a Nike golf bag for “Longest Drive.” The opportunity drawing provided many additional prizes for the rest of the players and guests alike, which created a fun and exciting atmosphere.

Second Place Team: Gary Huber, Family A Fair; Dale Smith, CCE, Family A Fair; Ashley Murray, M&M Marketing; and Now for the golf tournament winners!

John Giordano, C&C Concessions MoJo’s Team won third place, with players Joe Lewis, Erwin Gordillo, Tony Linyard, Pete Brown

Dann Ades, Cold Star; Dominic Palmieri, CCE, Odyssey Foods and NICA President; Ronnie Walk, RCS; and Mike Coffee, Timbo’s II enjoying the festivities

Third Place Team: Tony Linyard, Coors; Joe Lewis, Mojo Sports; Erwin Gordillo, Mojo Sports; and Pete Brown, Sparkletts November 2017 NICA News

21

Guidelines for Preparing to Sell Your Business Carli Ann Castro, CPA, Seasons of Change

be filed for all years, as well as paid. If it hasn’t been a priority, these financial steps can seem Businesses often stay focused on their current overwhelming; but, trust me, it will be worth it. operations and don’t take the time to plan for the • For those of you that do your own books and future. This is because running a small business taxes, hire the CPA to review your past work. It is more than a full-time job for its owners. The is imperative for your financials to be credible. good news is there are professionals that can help you focus on the future. Here is some initial guidance that is focused on how to prepare your company for the possible, future sale of your Next, you should hire an attorney to ensure business. That way, if at some point it makes that you have the right legal entities in place. sense; you will be ready.

Depending on the assets you have in your As a strategy consultant in the mobile event business and the various operations, you may industry, I have come to understand how the dynamics of the industry work. The ability to move need multiple legal entities. That would then give you the option to sell off a portion of the business, the business from one generation to another or without giving away the entire enchilada. It also from one owner to another is critical to keep the provides you asset protection in the interim. And operation alive. I have been told that sometimes while we are on the topic, if you don’t have a will owners work far beyond the time that may make sense. The good news is that by planning, this can and trust, make sure you discuss this with the attorney. It can be a simple process but priceless be avoidable. Below are a handful of guidelines for each of you to consider as you prepare for the for your loved ones. possible sale of your business.

Begin by building your external team. Do you have the right consultants in place to ensure your Once you have the financial and legal matters success, not only now, but through your future? addressed, I would recommend getting a valuation on your business. A business consultant or your CPA or Attorney can probably provide an estimate for you. Knowing what your business is worth A good start is with a smart CPA that understands your business. Having your financial can provide more insight into your retirement or potential for other opportunities upon sale. situation in a good position is the most critical Note: A formal valuation can be fairly pricey and way to prepare for the future. Your books and may not need to be completed until the actual records, i.e. financial statements, need to be in transaction of the business sale. order.

Legal Team

Obtain Business Valuation

Financial Team

Financial Advisor

• Have three years of a profit and loss statement (income statement) and statement of financial position (balance sheet) available.

Seek out a financial advisor to look at any • Have your taxes current; therefore they should investments you have in addition to the business 22

November 2017 NICA News

This will never be the ground up project that you started. You need to work with a Business Retirement Advisor to help you see that, so you can be emotional ready to move your life past that of being responsible for the business. Making this leap will be extremely helpful when you begin transitioning to your life beyond ownership of your business.

To sum it up: put your financial and legal matters in place, know what your business is In addition to the business side of preparation, worth, consider investment options, and try to often the most difficult piece is the emotional accept the thought of someone else owning preparation for selling your business. As an your business. Lastly, listen more than you entrepreneur and business owner myself, I can speak. Show gratitude to those that help you. completely appreciate how difficult this piece is.

When you build a business and put your heart and Surround yourself with the support you need, both professionally and personally. It will give you the soul into it, parting with it, or even the thought courage to ask for what you want. â–˛ of that, can be a lot to accept. Also emotionally challenging is getting to the point where you Carli Ann Castro, CPA, Seasons of Change, works as a realize, acknowledge, and accept that no one Professional Strategy Coach & Consultant. She can be will ever care about this business like you do. reached at coach@4soc.net or (480) 231-2320 No one will ever work in it or for it like you have. or the potential to invest a portion of dollars post the sale to supplement future retirement needs.

Diversification of wealth may have not been an option up to this point in your life; however, it is likely essential going forward to maximize potential retirement dollars.

Business Retirement Advisor

Are you selling your equipment, business, or need assistance running it? Contact the NICA Office today at (813) 438-8926 or communications@nicainc.org and we will do our best to get the word out.

Proudly ugh o ted thr ib r dist u Foods e Far 1-1601 800-65

November 2017 NICA News

23

Don’t Miss These Great Workshops Sunday, November 26th

Tuesday, November 28th

Transfer of Ownership and Business Continuity White Paper 3:45 p.m. - 4:30 p.m.

Principles of Food & Beverage 10:30 a.m. – 12:45 p.m.

The topic of succession planning and transfer of ownership has long been discussed among our peers. A group of industry leaders gathered to develop a white paper on succession planning. Hear their points and ask your own questions in this open dialogue to continue the discussion.

Facilitated by Marlene Pierson-Jolliffe, CFE, State Fair of Virginia. Panelists to include Vicki Chouris, CFE, South Florida Fair & Palm Beach County Expositions; Randy Reichert, CCE, Meggers Road Concessions; Wanell Costello, Arizona State Fair; and Greg Chiecko, CFE, Eastern States Exposition

Monday, November 27th Insurance Basics 9:00 a.m. – 10:30 a.m.

Per incident, errors and omissions, excluded, C&O, property damage, general liability per claim” – If you’re fuzzy on the terms, this workshop on insurance basics will help you sort through it all. This course is especially designed for new board or staff members to help them understand the particular insurance needs and terms related to fair business, and is a good refresher course for anyone working within the fair industry.

Presented by Ryan Wilkerson, Haas and Wilkerson Insurance

An introduction to the principles and role of food and beverage service at fairs and fairground facilities that suggests ways to create a successful environment for the fair and the concessionaires. Learn to work together for a high level of guest satisfaction and financial return.

Presented by Rey O’Day, NICA Executive Manager of Councils and Wings of Fame Productions

Wednesday, November 29th Expecting the Unexpected 2:00 p.m. - 2:45 p.m.

Hear from industry leaders on how they have handled disruptions at their facilities, including what preparations can be taken to help alleviate the effects and continue operations.

Panelists to include Jennifer Giesike, CFE, Washington Town & Country Fair, and Marlene Pierson-Jolliffe, CFE, State Fair of Virginia Future-Proofing Your Event or Business 3:15 p.m. - 4:00 p.m.

Future-proofing fairs and businesses involves a commitment to continuously improving, trying again, listening, adding value, and knowing who you are today. When all is said and done, bringing more people through the gate each day “fixes” almost everything.

Presented by Jim Teece, Jackson County Fair November 2017 NICA News

25

Electronic Logging Devices:

Frequently Asked Questions, Part 4 Federal Motor Carrier Safety Administration & Department of Transportation Picking up where we left off last month, we are continuing the overview of Electronic Logging Device (ELD) compliance-related frequently asked questions. We previously covered the topics “Harassment,” “ELD Functions,” and “ELD Data Transfer.” This month we are covering “ELD Malfunctions & Data Diagnostic Events,” “ELD Accounts,” and “ELD Registration & Certification.”

ELD Malfunctions & Data Diagnostic Events 1. Is an ELD required to monitor its compliance with the ELD technical requirements?

Yes. An ELD must monitor its compliance with the ELD technical requirements and detect malfunctions and data inconsistencies related to power, data synchronization, missing data, timing, positioning, data recording, data transfer, and unidentified driver records requirements. The ELD output will identify these data diagnostic and malfunction events and their status as either “detected” or “cleared.” Typically, a driver can follow the ELD provider’s and the motor carrier’s recommendations to resolve the data inconsistencies that generate an ELD data diagnostic event, while a motor carrier must correct a malfunction.

2. When do ELD “power data diagnostic events” and “power compliance malfunctions” occur?

“Power data diagnostic events” occur when an ELD is not powered and fully functional within one minute of the vehicle’s engine receiving power and does not remain powered for as long as the vehicle’s engine stays powered. “Power compliance malfunctions” occur when an ELD is not powered for an aggregated in-motion driving time of 30 minutes or more over a 24-hour period across all driver profiles.

3. When do ELD “engine synchronization data diagnostic events” and “engine synchronization compliance malfunctions” occur?

“Engine synchronization data diagnostic events” occur when an ELD loses ECM connectivity to any of the required data sources 26

November 2017 NICA News

(engine power status, vehicle motion status, miles driven, and engine hours) and can no longer acquire updated values for the required ELD parameters within five seconds of the need. “Engine synchronization compliance malfunctions” occur when ECM connectivity to any of the required data sources (engine power status, vehicle motion status, miles driven, and engine hours) is lost for more than 30 minutes during a 24-hour period aggregated across all driver profiles.

4. When does an ELD “timing compliance malfunction” occur?

A “timing compliance malfunction” occurs when the ELD can no longer meet the underlying compliance requirement to record Coordinated Universal Time (UTC), where ELD time must be synchronized with UTC, not to exceed an absolute deviation of 10 minutes at any time.

5. When does an ELD “positioning compliance malfunction” occur?

When an ELD fails to acquire a valid position measurement within 5 miles of the commercial motor vehicle moving and 60 minutes has passed, a “position compliance malfunction” will be recorded in the data diagnostic.

6. When does an ELD “data recording compliance malfunction” occur?

A “data recording compliance malfunction” on a paper log beyond 8 days risk being placed occurs when an ELD can no longer record or retain out of service. required events or retrieve recorded logs that are 11. What must a motor carrier do if there is an not kept remotely by the motor carrier.

ELD malfunction?

7. When does an ELD “missing required data If an ELD malfunctions, a motor carrier must: elements data diagnostic event” occur?

A “missing required data elements data diagnostic event” occurs when any required data field is missing at the time of its recording.

8. When do ELD “data transfer data diagnostic events” and “data transfer compliance malfunctions” occur?

A “data transfer data diagnostic event” occurs when the operation of the data transfer mechanism(s) is not confirmed. A “data transfer compliance” malfunction occurs when the ELD stays in the unconfirmed data transfer mode following the next three consecutive monitoring checks.

9. When does an ELD “unidentified driving records data diagnostic event” occur?

• Correct, repair, replace, or service the malfunctioning ELD within eight days of discovering the condition or a driver’s notification to the motor carrier, whichever occurs first; and • Require the driver to maintain paper record of duty status (RODS) until the ELD is back in service.

12. When should a driver certify his or her RODS on the ELD to avoid malfunction codes?

FMCSA recommends that drivers first certify their RODS before logging off the ELDs and then shutting down their CMVs’ engines. If drivers don’t follow this recommendation, malfunction codes may occur, such as indicating unaccounted odometer changes and suspicious driving activity.

13. What types of visual indicators must be An “unidentified driving records data displayed by an ELD? diagnostic event” occurs when more than 30 minutes of driving time for an unidentified driver is An ELD must display a single visual recorded within a 24-hour period. malfunction indicator on the ELD’s display or on a stand-alone indicator for all drivers using the 10. What must a driver do if there is an ELD ELD. The visual signal must be visible to the driver, malfunction? be continuously communicated to the driver If an ELD malfunctions, a driver must: when the ELD is powered, and clearly illuminate an active malfunction. An ELD must also display • Note the malfunction of the ELD and provide a single visual data diagnostics indicator, apart written notice of the malfunction to the motor from the malfunction indicator, for active data carrier within 24 hours; diagnostics events. The ELD may also provide an • Reconstruct the record of duty status (RODS) audible signal for the data diagnostics indicator.A for the current 24-hour period and the previous malfunction is a situation in which an ELD is 7 consecutive days, and record the records not working properly. A malfunction affects the of duty status on graph-grid paper logs that integrity of the device and its compliance, and comply with 49 CFR 395.8, unless the driver requires the motor carrier to repair, replace, or already has the records or retrieves them from service the ELD. the ELD; and An ELD must display a malfunction signal (or • Continue to manually prepare RODS in indicator) such as a light, symbol, or text on the accordance with 49 CFR 395.8 until the ELD ELD or on a stand-alone display. The malfunction is serviced and back in compliance. The signal must be visible to the driver and display recording of the driver’s hours of service on function status whenever the ELD is powered on. a paper log cannot continue for more than 8 days after the malfunction; a driver that ►► “ELD” continued on page 30 continues to record his or her hours of service November 2017 NICA News

27

Getting to Know Your

Regional Council Members Rey O’Day, Executive Manager of Councils This month, we are focusing on the West Council’s very own Jay Wells, based out of Wichita, KS. What is the name of your business and what do you sell?

Wells Concessions began 35 years ago with one little Funnel Cake trailer. Neither mine nor my wife’s parents were in the business. I graduated Wichita State University with a degree in Business Administration and my wife had a BSN in Nursing.

I was still trying to decide my career path for several years after college. My father passed and to keep my mother busy we purchases a funnel cake trailer together. We worked small Fairs in the Midwest while my wife worked as an RN for the first ten years of our marriage. I observed and learned a lot while at those Fairs so I purchased a floss trailer and then later added a soft serve trailer that had been wrecked and had it rebuilt by Waymatic. My wife joined me full time after the death of my mother in 1985. We have worked independently and with Carnivals and have worked all kinds of events: rodeos, golf tournaments, concerts, boat races, as well as Fairs. We now operate Floss stands, various types of Ice Cream stands (i.e. Soft Serve, Hard Dip, Wonder/Ice Cream Bars, Mini Melts), and Sausage grab stands.

What is your route?

Arizona, California, Iowa, Kansas, Minnesota, Oklahoma, and Texas.

Jay and Carol Wells, Wells Concessions

Morgan Stremmel who married Josh Stremmel.

They own and operate Top Notch Concessions and help us out throughout the year. My sister Mary Isbell also got into the business and operates mainly in Kansas.

What is your most valuable NICA benefit?

I use several valuable benefits: the Source1/ Sysco relationship (NICA Sysco Marketplace), the Corporate Lodging Card, the Coca Cola pricing, and Graybar.

What inspired you to join the West Council?

I was asked by several people to bring my experience and knowledge to the Council.

How long have you been a NICA member?

I originally joined in 1996-97, I believe; Linda Comer got me to sign up. I was out for a few years when Connie Shisler convinced me to rejoin in 2002 and I have been a member ever since.

What do you hope the West Council accomplishes during your tenure?

I hope we accomplish a greater understanding of the obstacles both the Fair and the Concessionaire face in completing our particular roles within the Industry.

Tell us about your family. Are they active in the business?

Carol, my wife of 40 years, has worked with me full time for the last 25 years. We have a daughter,

We appreciate your responses Jay! What is the best way for a NICA member to reach you?

You can reach me by phone at (316) 393-7009 or by email at jaywells@cox.net. ▲

28

November 2017 NICA News

Fair Faces of North Carolina Russ Harrison, CCE, Past President

Tim O’Brien, CCE, Past President, Historian, and O’Brien’s Food Service

Blair Wynn, East Coast Concessions

Libby Class, SAN-JON Enterprises

The Barcena Family, Bayshore Services

Larry and Gala Habeck, TBA Concessions

Jeff and Pat Dunham, Cousins Confections

John Koutoufaris, John The Greek C Food

Jeff Brick, Universal Concessions

Lindsey Constantine, Red’s Red Apples and Northeast Council, and Laura Pinson, Pinson Novelties November 2017 NICA News

29

“ELD” continued from page 27 ►►

requirements for unique user identifications and passwords.

It must also light up to draw attention to an active 5. Can a driver’s ELD user single account be authorized for administrative functions, in malfunction. addition to its driver-related functions?

An ELD must also include a diagnostics indicator to display active diagnostic events. Data No. Each driver should have one account diagnostic events note data inconsistencies that a driver can typically resolve by following the motor that allows him or her to log in and perform driver-related functions. All other administrative carrier’s or ELD provider’s recommendations. functions should be based on the discretion of ELD Accounts each company or its provider. This means a driver who is also the owner of the company would 1. What ELD user accounts must be set up by a have a single account authorizing entries as a motor carrier? driver, and a separate account for administrative ELD user accounts must be set up by a motor functions. Accounts can be created on the ELD or the ELD support system. carrier for:

6. Driver accounts must include the CDL number • Commercial motor vehicle (CMV) drivers who and state. If a driver relocates to another are employed by the motor carrier and who are state and obtains a new commercial driver’s required to use the ELD, and license, can the ELD allow for editing the • Support personnel who have been authorized driver profile to change the license number by the motor carrier to create, remove, and and state or must a new driver account manage user accounts; configure allowed ELD be created? If so, how would the two link parameters; and access, review, and manage together to allow for recording the prior seven drivers’ ELD records on behalf of the motor days? carrier.

2. Can a motor carrier create ELD accounts on individual ELDs or its support system?

Yes. ELD user accounts can be created on individual ELDs or the ELD support system.

3. What information is required to create ELD user accounts for drivers?

Each driver account must be created by entering the driver’s license number and the State of jurisdiction that issued the driver’s license. The driver’s license information is only required to set up the driver’s user account and verify his or her identity; it is not used as part of the daily process for entering duty status information.

4. How many ELD accounts can be established by a motor carrier for one of its ELD drivers?

A motor carrier must assign only one ELD driver account for each of its drivers required to use an ELD. An ELD must not allow the creation of more than one driver account associated with a driver’s license for a given motor carrier. The motor carrier is also responsible for establishing 30

November 2017 NICA News

Section 395.22(b)(2)(i) states that a motor carrier must manage ELD accounts. Therefore, the driver’s license information must be updated in the ELD. If the data files from an individual’s old and new driver license files cannot be merged, the driver must either manually enter the previous duty status information or provide a printout from the older HOS to provide an accurate accounting of the duty status for the current and previous seven days for authorized safety officials.

7. Can a motor carrier set up a driver account as an “exempt driver” and have another account for the same driver as a regular driver account?

No. The ELD rule prohibits multiple driver accounts for one driver. The motor carrier must proactively change the driver’s status to and from exempt and non-exempt.

ELD Registration & Certification 1. What happens if a registered device listed on FMCSA’s website is later found not to meet the technical specifications in the ELD rule?

The ELD rule includes a procedure to remove a listed registered device from the FMCSA website, to provide additional assurance to motor carriers that ELDs on the vendor registration website are compliant. This procedure also protects an ELD vendor’s interest in its product.

2. What is the procedure to remove a listed certified ELD from FMCSA’s website?

FMCSA may initiate removal of an ELD model or version from the list in accordance with section 5.4 in the ELD rule, by providing written notice to the ELD provider stating: (a) The reasons the FMCSA proposes to remove the model or version from the FMCSA list; and (b) Any corrective action that the ELD provider must take for the ELD model or version to remain on the list.

3. Is the ELD vendor/manufacturer required to notify motor carriers if a device is removed from FMCSA’s ELD registration list because it

was determined to be non-compliant?

No, ELD vendors/manufacturers are not required to notify motor carriers if a device has been removed from the ELD registration list.

However, FMCSA will maintain on its website a list of devices that are removed from the list, and will make every effort to ensure that industry is aware.

4. What happens if an ELD is found to be noncompliant after it is in use?

As a motor carrier, you will have 8 days from notification to replace your noncompliant device with a compliant one. This is the same time allowed to take action on ELDs that need to be repaired, replaced, or serviced. In the event of a widespread issue, FMCSA will work with affected motor carriers to establish a reasonable timeframe for replacing non-compliant devices with ELDs that meet the requirements. ▲

We hope you enjoyed this series, beginning in August’s issue, presenting answers to questions on ELDs. For more information, contact Tracey McQuilken, Ion DOT Compliance, at tracey@iondat.com or view the entire guide at www.fmcsa.dot.gov/hours-service/elds/electronic-logging-devices

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November 2017 NICA News

31

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November 2017 NICA News

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November 2017 NICA News 33 Ensure Success at Your Next Fair Event

Fair Time is Gathering Time!

Rey O’Day, Executive Manager of Councils

Fair time means people are gathering: Fair guests gather to eat their favorite foods, guests and Concessionaires have family reunions and catch up on the news of the past year, some play poker, some golf, some down some beers; NICA members gather to learn how to use their membership benefits; Fair staff gather as a team each day to share the days’ events; and there are impromptu dinner parties and fundraising brunches. It’s all about fellowship. Here are some photos from the 2017 season. NICA is grateful that we have Fairs as our gathering places. Meet you at the Fair next year! ▲

NICA members gather to learn about NICA benefits at the San Mateo County Fair, hosted by April Wood, West Council and Rawlings Concessions

New Mexico State Fair staff meeting led by CEO Dan Mourning gathers on their feet, leaning against the wall, or sitting on counter; this meeting is short, specific and to the point

On the other hand, the Central Washington State Fair meeting led by CEO Greg Stewart meets daily in a boardroom full of chairs and peanut M&M’s; lots of laughter and also to the point

34

November 2017 NICA News

Serendipity—walking around the Fair is a wonderful way to run into people you haven’t seen for a while and share a bite and a visit. That is what Silvia Bishop, CEO, 48th District Fair, Tommie Fomby, retired OC Fair, Rey O’Day, NICA, and Irene Dugan, Chuckwagon Concessions did at the LA County Fair

Brandy Arrendondo and April Wood (sisters) gather to plan what to say during the San Mateo Auction to legislators regarding the H-2B worker concerns.

Sandy Class, SAN-JON Enterprises, and Carmel DyerPittroff, The Original Australian Battered Potatoes (both on the NICA Board) at the Minnesota State Fair where Carmel was showing Sandy her three new favorite Concession purchases: cushy flooring in her office, an ice maker, and a bill collector

Longtime friends with front gate stands Lucia Perez, Dandy Souvenirs, and Ray Lancaster, Vista Mobility, sharing stories

Daryl Whicheloe, CCE, NICA Director, and Kim Barr, West Council, hosted the Yakima Gathering. They invited Rey O’Day to come speak about NICA, answer questions, and search for new NICA leadership

Father Richie Wright and Daughter Audrey, Sugar Shakers, met to discuss how the day was going.

Audrey said to her Dad, “How can I take over the business if I never do business stuff—I can’t be the lemonade girl forever!”

Ashley (West Council) and Dawn Murray, M&M Marketing, faithfully share brunch at the annual RCS Fundraiser for Children’s Education with fellow Concessionaires Lori Southerlend, Tasti Chips and Scott Swanson, ICEE. Dominic Palmieri, CCE, Odyssey Foods and NICA President, came by to visit them

Randy Reichert, CCE, Meggers Concessions, Sam Coffman, Red Barn Elephant Ears, Monica Urick, Urick Concessions, Larry Bolles, Southern Guild, and Bill Urick, Urick Concessions, at the Indiana State Fair Gathering

NICA hosted a well attended Benefits Gathering for members and possible members at the Central Washington State Fair in Yakima, WA

Longtime friends and colleagues Marla Calico, President and CEO, IAFE, Greg Stewart, CEO, Central Washington State Fair, and Rey O’Day, NICA Executive Manager of Councils; caught up in Yakima, WA. There were 100-plus years of Fair experience in that group hug!

Nancy Miller and Daughter, Porky’s Concessions, Jim Swain, Swain’s Pizza on a Stick, and Ray Bianco, Bianco Foods, at the Indiana State Fair Gathering

John Ford, Ford Foods; The Bread Man; Ron Smith, R.E. Smith; Eddie Porcelli, Jr., Spaghetti Eddie; and Beth Jeffries, Indiana State Fair Concessions Manager

Vinnie and Linda Nelson, Vinnie’s Fine Foods, and Rey O’Day, NICA Executive Manager of Councils, caught up to discuss Northeast Council news at the Dutchess County Fair

Deb Aschmann, Concession Manager, gathers her Spork Dessert Contest Winners at the Dutchess County Fair in Rhinebeck, NY. The media chose NICA member Polar Bear Homemade Ice Cream Parlor, who made “Kettle Corn Ice Cream Pop”, as the winner November 2017 NICA News

35

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64 oz.

XM-64F NESTING 64 oz.

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All Season. Count on USA Quality and Service. Custom Imprints are available for all of the products shown above. Ask Fare Foods for details!

Call Joe Betras at 1-864-542-4345

Call Fare Foods at 1-800-651-6101

jbetras@whirleydrinkworks.com

farefoods.com

for blanket & large order information

to place orders & arrange deliveries

go.whirleydrinkworks.com/NICA 36

November 2017 NICA News

2017 Membership Contest Leaderboard* General Membership Etta Pence, CCE.....................................................................3 Jennifer Allison......................................................................2 Robert Hutchins....................................................................2 Randy Reichert, CCE..............................................................2 Robert Santorelli...................................................................2 Lee Amos...............................................................................1 Vince Agnifili..........................................................................1 Arnold Blewer........................................................................1 Jane Harris............................................................................1 Mike Knott.............................................................................1 Stacia Markowitz..................................................................1 Mike McGrath........................................................................1 Bill McKinney, CCE.................................................................1 Andi Price..............................................................................1 Jeff Ross................................................................................1 Kelly Sanders.........................................................................1 Dale Smith, CCE.....................................................................1 Ron Smith..............................................................................1 Jeaneen Stephens.................................................................1 Phil Teague............................................................................1

Councils Jay Wells................................................................................5 Tonio Viscusi.........................................................................2 Russ Harrison, CCE...............................................................1 Mike Newman........................................................................1

Board of Directors Don Delahoyde, CCE..............................................................9 Carmel Dyer-Pittroff..............................................................6 Sandy Class...........................................................................3 Kathy Ross............................................................................2 Daryl Whicheloe, CCE............................................................2 Richie George........................................................................1 Paulette Keene, CCE..............................................................1 Dominic Palmieri, III, CCE......................................................1

Administration Office....................................................................................34

*See the back cover for rules and prizes

Advertise Your Business in

by calling the NICA Office today at (813) 438-8926 emailing communications@nicainc.org, or by downloading the online Insertion Order at www.nicainc.org/pages/advertising.

Contact us today to reserve your spot!

November 2017 NICA News

37

2017-18 Events Calendar

Representing NICA & Its Industry Partners November 8–11: Rocky Mountain Assoc. of Fairs Annual Convention & Colorado Assoc. of Fairs and Shows Annual Convention • Colorado Springs, CO 10–11: Maryland Association of Agricultural Fairs & Shows Annual Convention • Ocean City, MD 10–11: Tri-State (Massachusetts, Connecticut, Rhode Island) Annual Convention • Sturbridge, MA 13–17: IAAPA Attractions Expo • Orlando, FL

23: Thanksgiving (Office Closed) 26–29: 127th IAFE Convention & Trade Show • Las Vegas, NV

3–6: WFA Annual Convention featuring the NICA Sysco Marketplace • Anaheim, CA

27: NICA Industry Appreciation Night at the IAFE Convention • Las Vegas, NV

4–6: North Carolina Association of Agricultural Fairs Annual Convention • Durham, NC

December 8–10: Association of Iowa Fairs Annual Convention • Des Moines, IA 25: Christmas (Office Closed)

January

15–17: CAFE Annual Convention • Montreal, QC 16–18: Dakota Fairs Annual Convention • Aberdeen, SD

1: New Year’s Day (Office Closed)

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Coverages are underwritten by the following XL Group Ltd insurance companies: Greenwich Insurance Company, Indian Harbor Insurance Company, XL Insurance America, Inc., XL Specialty Insurance Company and T.H.E. Insurance Company. Coverages not available in all jurisdictions.

38

November 2017 NICA News

4–7: Texas Association of Fairs and Events Annual Convention • San Antonio, TX 4–8: Virginia Association of Fairs Annual Convention • Hot Springs, VA 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.

National Independent Concessionaires Association, Inc. 1043 E. Brandon Blvd., Brandon, FL 33511 Phone: (8130 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 • November 2017 Issue

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