InTouch | July 2021

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Hall Management Group Speaks at Summit on Tort Reform

AHLA Safe Stay Employee Mask Guidance

A Tort Reform Summit was held at Burr Forman Law Firm in Columbia on June 15. At the summit, individuals from a variety of backgrounds discussed tort reform legislation, the state of the insurance industry and judicial hellholes, liability insurance providers, and dram shop liability legislation.

AHLA, in partnership with industry leadership, including the Safe Stay Advisory Council, has released a statement that lifts the face mask requirement for vaccinated employees following the release of OSHA’s updated business guidance, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace. OSHA’s updated guidance states, “Unless otherwise required by federal, state, local, tribal, or territorial laws, rules, and regulations, most employers no longer need to take steps to protect their fully vaccinated workers who are not otherwise at-risk from COVID-19 exposure. This guidance focuses only on protecting unvaccinated or otherwise at-risk workers in their workplaces.”

Tommy Hall, owner of Hall Management Group and chair of the Lowcountry Hospitality Association, spoke on dram shop liability legislation during the summit on behalf of the South Carolina Restaurant and Lodging Association. Currently, South Carolina does not have a “Dram Shop Act,” although it is illegal to “knowingly” serve alcohol to any person who is intoxicated or underage. Dram shop insurance, more commonly known as liquor liability insurance, provides coverage for businesses that sell, distribute, manufacture and/or supply alcholic beverages. Senate Majority Leader Shane Massey introduced the Tortfeasers Act (S. 145) to amend sections 15-38-15, 15-38-40(B) and 15-38-50 of the 1976 Code to include persons or entities for the allocation of fault and to make conforming changes. The bill is currently sitting in Senate Judiciary until the second part of the legislative session reconvenes in January 2022.

Restaurant Sales Continue to Trend Higher According to Survey A new survey indicates consumers have yet to get their fill of restaurants, which means the positive sales trajectory has more room to run. Driven by the easing of capacity restrictions, rising vaccination numbers and healthy household balance sheets, consumer spending in restaurants trended steadily higher in recent months. Eating and drinking places* registered total sales of $67.3 billion on a seasonally-adjusted basis in May, according to preliminary data from the U.S. Census Bureau. In nominal terms, May’s eating and drinking place sales surpassed the February 2020 pre-pandemic sales volume of $66.2 billion. However, after adjusting for menu-price inflation, real eating and drinking place sales remain approximately 3% below pre-pandemic levels. This indicates that the restaurant industry’s recovery from the pandemic is not yet complete, in terms of a return to normal customer traffic levels. More room to run With on-premises dining restrictions being lifted across the country, consumers finally have the opportunity to burn off their accumulated pent-up demand for restaurants. Still, a new survey indicates consumers have yet to completely get their fill

OSHA’s announcement in combination with our industry’s ongoing commitment to employee vaccinations has resulted in our ability to lift the face mask requirements for employees while also assuring the safety of our guests and workforce.

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Total Eating and Drinking Place Sales (in billions of current dollars)

of restaurants, which means the current positive sales trajectory likely has more room to run. Fifty percent of adults say they are not eating on premises at restaurants as often as they would like, according to a survey fielded by the National Restaurant Association June 4-6, 2021. That was down significantly from the 83% who reported similarly during the early weeks of the pandemic, but still remained slightly above the January 2020 pre-pandemic level of 45%. Restaurants across every segment expanded their off-premises options during the pandemic, and consumers embraced these additional points of access. In an Association survey fielded in December 2020, 53% of adults said purchasing takeout or delivery food is essential to the way they live. As a result, it’s not surprising that only 28% of adults say they are currently not ordering takeout or delivery from restaurants as often as they would like. Increased usage of off-premises foodservice is baked into the cake for many consumers, and this trend is likely to continue well beyond the end of the pandemic.

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*Eating and drinking places are the primary component of the U.S. restaurant and foodservice industry, which prior to the coronavirus outbreak generated approximately 75 percent of total restaurant and foodservice sales. heartland.us/restaurant

July 2021 • SCRLA.org

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