PRLA Matters Spring/Summer 2016

SPRING/SUMMER 2016

(But You CanLead Them)

You Can’t

ManageMillennials

SPRING/SUMMER 2016 • PENNSylvaNIa RestauRant & Lodging matters • 3

Pennsylvania Restaurant & Lodging Matters is published quarterly by the Pennsylvania Restaurant & lodging association, 100 State Street, Harrisburg, Pa 17101, tel 800-345-5353, and is a benefit of membership in the association. articles do not necessarily reflect the view or position of the Pennsylvania Restaurant & lodging association. Editorial coverage or permission to advertise does not constitute endorsement of the company covered or of an advertiser’s products or services, nor does Pennsylvania Restaurant & Lodging Matters make any claims or guarantees as to the accuracy or validity of the advertiser’s offer.

©2015 All rights reserved. No part of this publication may be reproduced in print or electronically without the express written permission of the Pennsylvania Restaurant & Lodging Association.

PRLa 2016 officers

CHaIRMaNJohn GrafPriory Hospitality GroupWestern Chapter

vICE CHaIRMaNStephen Muscianoaramark at PNC ParkWestern Chapter

TREaSURERJames GrattonMarriott InternationalPhiladelphia Chapter

IMMEDIaTE PaST CHaIRMaNJeff CohenSmallman Street Deli/Weiss Provision CompanyWestern Chapter

PRLa staFF

PRESIDENT & CEOJohn longstreet | [email protected]

OPERaTIONS MaNaGEREric adams | [email protected]

EXECUTIvE aSSISTaNTvicki Zeppa | [email protected]

DIRECTOR OF MEMBERSHIP DEvElOPMENT—EaSTBrenda Mendte | [email protected]

DIRECTOR OF MEMBERSHIP DEvElOPMENT—WESTTom King | [email protected]

DIRECTOR OF MEMBERSHIP DEvElOPMENT—CENTRalJoseph ambrosio | [email protected]

MEMBER SERvICES MaNaGERChristine Preuss | [email protected]

DIRECTOR OF FINaNCE & HUMaN RESOURCESDiane Sherwood, CPa | [email protected]

DIRECTOR OF GOvERNMENT aFFaIRSMelissa Bova | [email protected]

DIRECTOR OF EDUCaTIONHope Sterner | [email protected]

DIRECTOR OF EvENTS & ENGaGEMENTHeidi Howard, CMP | [email protected]

DIRECTOR OF COMMUNICaTIONSStephanie Otterson | [email protected]

aCCOUNTING MaNaGERPaula Judd | [email protected]

OFFICE aSSISTaNTGisela McBride | [email protected]

PRoFessionaL seRvices PRovided by

GENERal COUNSElShumaker Williams, P.C.Keith Clark

GOvERNMENT aFFaIRSPugliese associates, Harrisburglou BiacchiFrank DiCicco associates, Philadelphiaandrew Zalenski

aCCOUNTaNT aND INDEPENDENT aUDITORSBrown, Schultz, Sheridan & FritzJohn Bonawitz, CPa

INvESTMENT aDvISORSConrad SiegelTara Mashack-Behney

Pennsylvania Restaurant & Lodging Matters is a publication of thePennsyLvania RestauRant & Lodging association100 State Street, Harrisburg, Pa800-345-5353 | www.prla.org | [email protected]

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creative designGraphtech

inside THIS ISSUE

4 Industry Outlook

6 coveR stoRy you Can’t Manage Millennials (But you Can lead Them)

10 legislative Corner

12 Education & Training

14 legislator Spotlight

17 legal Docket

18 Welcome New Members

21 Member Milestones

p 12

capitalize on millennial traits to gain business advantage

4 • PENNSylvaNIa RestauRant & Lodging matters • SPRING/SUMMER 2016

indUsTRY OUTlOOK

This spring has been a busy season for PRla and the hospitality industry of Pennsylvania. PRla hosted the Destination Pa Spring Conference at Skytop lodge in the gorgeous Pocono Mountains, which boasted robust educational programming on a variety of topics and fun networking events.

One educational session at our Spring Conference, titled “leading the next generations” and presented by Mike Muetzel, inspired the millennial theme of this issue of the magazine. Understanding the millennial mindset is critical to the hospitality and tourism industries in two ways: First, these are your employees and you are trying to figure out how to attract and retain top talent. and secondly, by 2020, 50 percent of revenue for hospitality will come from millennials.

also at the conference, the PRla Board of Directors agreed to a framework with the Pennsylvania association of Travel & Tourism to transfer the PaTT mission to PRla. So, on behalf of the PRla, we welcome our new members from the travel and tourism industry. We are excited about the opportunity to continue the mission of unifying the voices of the hospitality and tourism industries in Pennsylvania. We are confident this change will enhance and strengthen our efforts and our voice in Harrisburg.

Our voice in Harrisburg is being heard. This spring saw two significant legislative victories, spearheaded by our exceptional government affairs team under the direction of Melissa Bova. First, the governor signed the hotel tax reform bill (House Bill 794) into law. Now known as act 18 of 2016, this legislation most importantly returns the focus of county hotel tax funding to tourism promotion by tightening the definitions relating to the use of the monies raised through hotel occupancy tax. It also allows 57 counties to increase their local hotel occupancy tax from 3 percent to 5 percent.

The second victory came when Gov. Wolf recently signed a liquor reform bill into law. The reform contains many significant changes to the liquor code that improve consumer and licensee convenience. While a bill of this size isn’t going to be perfect, it does signify a monumental first step toward improving Pennsylvania’s dated wine and spirit system. It is the first significant piece of alcohol reform legislation passed since the end of prohibition and something PRla has been working on for almost 10 years.

We hope to see you at our West PRla Golf Classic on September 28 and wish you a successful and enjoyable summer in beautiful Pennsylvania. This golf outing, as well as the one just held on June 21 outside of Philadelphia are our primary fundraisers for our advocacy efforts and proceeds support our political action committee. Our PaC is a critical tool in ensuring our voice continues to be heard in Harrisburg.

Warm regards,

John GrafChairman of the Board

John longstreetPresident & CEO

John Graf

“Our voice in Harrisburg is being heard. This spring saw two significant legislative victories, spearheaded by our exceptional government affairs team under the direction of Melissa Bova.”

John longstreet

Chris Roessner | [email protected]

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(But You CanLead Them)

You Can’t

ManageMillennials

like all of us, millennials want to know what’s going on at work. They want to be plugged into the informational loop....


I do a team development session, I try to spend a little time beforehand with theleaders of the organization. “What about your business keeps you up at night?” I ask them. “and what’s the one issue you seem to be dealing with over and over again?”

The responses I get are very telling about the state of the workforce today. “Employees below the age of 35 keep me up at night,” is the usual answer to the first question, followed by a litany of complaints about that age group: “They are impossible to manage. They get bored so

easily. They don’t care the way we used to. Work and people aren’t important to them. They want things done their way, and they’re going to do it that way no matter how many meetings we have telling them otherwise.”

If that sounds familiar, I have good news … and even better news for you. The good news is that your younger employees aren’t all that different from other generations in your workplace. The even better news is that they are completely different from other generations in your workforce—and you can use these differences to your advantage.

Millennials at workIf that news seems contradictory to you, welcome to the millennial generation—by most demographic-reporting group calculations, people born between 1977 and 1992. Millennials are walking contradictions. Here’s how that plays out in the workforce.

Millennials love working in teams. The more diverse the team, the better. and they will deliver as a team when you set your expectations high, but ONly if they are updated frequently (i.e., daily) with feedback on how to keep improving.

like all of us, millennials want to know what’s going on at work. They want to be plugged into the informational loop. However, while they love teams, millennials also require a more individual-ized, nuanced management approach.

Take the time to figure out what makes each millennial “tick.” Then you can tailor your message and your style based on their individual interests and motivations.

Engage in frequent dialogue with each millennial to gauge whether you’re providing too much or too little structure for them.

Millennials also crave involvement and detest boredom, so don’t hesitate to ask them to lend their expertise to a project. Keep in mind, though, millennials desire balance between work and home life. They may be unlikely to put in the kind of long hours you do. Still, they can be very effective in the hours they give

you, especially in the area of technology. Collectively, millennials are light-years beyond the rest of us when it comes to technology. They have skills you can put to great use in your operation.

Not every millennial is a tech genius, of course. But virtually all of them want to be “best utilized.” again, you have to get to know millennials personally to figure out their “best fit” in your organization. Millennials are like other generations in that they want to know where they stand with their boss and what advancement opportunities are available.

Where they differ is that they need to know everything right now. you need to be upfront with career possibilities and provide a roadmap to get from here to there. The day a millennial starts work is the day he or she wants to know “what’s next.” Be prepared to offer frequent progress reports—millennials want constant feedback. In fact, you should encourage millennials as often as you possibly can. Their parents did, and they’ll expect encouragement from you as well.

Explanation and guidanceNow for the issue foodservice leaders have to deal with again and again - cellphones. It just seems impossible to separate a millennial from his or her smartphone.

you have to understand that a cellphone is a life tool for a millennial. although they seek a work-life balance, they see no boundary between the two. Staying connected electronically is just what millennials do—so a simple rule of “no phones” won’t work. you need to explain, in detail, why a cellphone can’t be used in whatever jobs a millennial may hold.

Given all this, it’s not very easy to manage a millennial. Remember that management is all about “where we are”—meeting requirements, watching behaviors, noting problems, and taking corrective action. But millennials’ focus is on the future. So lead them where you want them to go. Help them build their skills, monitor their progress, and continuously finesse their performance based on a desired destination. When millennials see you as their mentor, the team as their vehicle, and their role as essential and advancing, then you will have employees who are improving your business.

This article originally appeared in the December 2015 issue of Michigan Restaurateur and was reprinted with permission from the Michigan Restaurant Association.

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legislaTive CORNER

act 18 of 2016: top 13 Frequently asked Questions

Gov. Wolf recently signed House Bill 794 into law. HB 794 is now known as act 18 of 2016. It ensures the revenues collected through the tax are used for the tax’s original purpose—tourism promotion. It also enables an increase in the local hotel occupancy tax from 3 percent to 5 percent for 57 counties. act 18 is effective immediately.

What does act 18 do?act 18 is a comprehensive hotel tax reform bill that contains the following key provisions:

• Clarifiestheproperuseofthetaxtomarket tourism.

• Enablesanincreaseinthelocalhoteloccupancy tax for 57 counties from 3 percent to 5 percent.

• Expandsthedefinitionofwhatisconsidered taxable.

• Placesrequirementsongrants.

• Createsadecertificationprocess for TPas.

What counties are impacted by act 18?• Counties included in the previous

section 1770.2: Blair, Cambria, Centre, Chester, Indiana, lancaster, lycoming,Mercer and york.

• Counties included in the previous section 1770.6: armstrong, Beaver, Bedford, Bradford, Butler, Cameron, Carbon, Clarion, Clearfield, Clinton, Columbia, Crawford, Cumberland, Elk, Fayette, Forest, Franklin, Fulton, Greene, Huntingdon, Jefferson, Juniata,

lawrence, lebanon, McKean, Mifflin, Monroe, Montour, Northumberland, Perry, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, venango, Warren, Washington, Wayne, Westmoreland and Wyoming.

• Second class A counties moved to Section 1770.12 from Title 53: Bucks, Delaware and Montgomery

What does enabling an increase mean?Currently, your county is capped at 3 percent maximum for local hotel taxes. act 18 allows county commissioners to increase this tax via a resolution.

What if we don’t want to increase our tax?you are not required to increase your tax or make any changes to the current use of your tax unless you are in violation of the new definitions and requirements of the law.

What if i’m unhappy with the way the funds are currently being used but the county doesn’t want to make changes?Contact the PRla. We are here to help guide you through the process and facilitate a conversation with your county leadership, as needed, to ensure these funds are used appropriately.

What else is exempt from the local hotel occupancy tax?• Acharitableinstitution• Permanentresidents• Acollegeoruniversityresidence

currently occupied by students enrolled in a degree program

• Aneducationalorreligiousinstitutioncamp or a registered camp

• Ahospital• Anursinghome• Anypartofacampgroundthatisnot

a cabin


1312

11109

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How are the funds collected and distributed?local hotel taxes are collected by the country treasurer. The treasurer then turns 96 percent of the funds over to the TPa. The county may keep four percent for processing.

What happens to the agreement with my county that it can keep a certain percentage to use for a grant program?according to the law, all money needs to be given to the TPa and if the TPa feels that a certain percentage should go back to the county to be distributed as grants that directly benefit tourism, then the TPa may do so. The goal here is to ensure that the TPa is making the decisions that the funds are being used with the end goal in mind—putting heads in beds.

What are the definitions relating to the use of the tax?• Marketingtheareaservedbythe

agency as a leisure travel destination. (Unchanged from previous law.)

• Marketingtheareaservedbytheagency as a business, convention, or meeting travel destination. (Combines two sections of previous law but unchanged.)

• Usingallappropriatemarketingtoolstoaccomplish these purposes, including, but not limited to, advertising, publicity, publications, direct marketing, sales, technology and participation in industry trade shows that attract tourists or travelers to the area served by the agency. (Slight change from previous law.)

• Programs,expendituresorgrantsthatare directly and substantially related to tourism or a business, convention or meeting travel destination within the county augment and do not compete with private sector tourism or travel efforts and improve and expand the county as a destination market as deemed necessary by the recognized TPa.

• Anyothertourismortravelmarketingor promotion program, expenditure or project that does not compete with private sector tourism or travel efforts as deemed necessary by the TPa.

are there any changes to what is considered taxable?Cabins on public or private campgrounds that are permanent structure with beds and running water are now considered taxable under the local hotel occupancy tax. No other part of a campground is taxable.

What are the financial requirements of the tPa?an audit or financial statement must be submitted to the county within 90 days of the end of the TPa’s fiscal year. If an audit or financial statement is not submitted, the county may take the hotel tax funds and place them in a special account until the financial statement is remitted. If an audit or financial statement is not submitted within 120 days, DCED may order the county to place the funds in a special account until the financial statement is submitted.

How can a county decertify a tPa?a county must pass a resolution decertifying a TPa. The resolution must be concurred in by resolutions of governing bodies of municipalities that exceed 65 percent of the population. The county must also hold a public hearing at least seven days before adopting a resolution to decertify a TPa.

Who do i contact if i have additional questions about the law?For additional questions, please contact: Melissa Bova, Director of Government affairs, [email protected], 717-963-8371 direct, 717-599-1041 cell.

For the complete list of FaQs, please visit www.prla.org/act18FaQs

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Take notice of the next generation, and learn to “lIKE” them.

“Millennials present the greatest competitive advantage in our business,” says Kathleen Wood, founder of Suzy’s Swirl frozen desserts and Kathleen Wood Partners. Millennials, those born after 1980, represent a significant portion of the restaurant workforce. In an era of high-tech transactions and strong demand for customer service and convenience, millennials can help older peers navigate the new business landscape.

Wood, who recently spoke at the NRa’s Human Resources Executive Study Group, suggests leaders use her lIKE model— listen, Include, get to Know, and Engage—to harness millennials’ best traits and leap ahead of competitors. They’re incredibly loyal to the companies they love, so you use these tips to tap their potential.

Listen. learn their language, Wood says. “Millennials are the most socially connected people we’ve ever met.” They’re interested in social media and technology, and they love to share. “as we move forward, the language of business will be social connectivity. This is what they speak. We’ve got to take this opportunity as leaders of this amazing workforce and really leverage them as our competitive advantage to keep ourselves, our businesses, and our future way ahead of the game.”

include millennials in business discussions. That allows them to see the big picture through the eyes of executives and leaders. Senior leaders need to be more involved, too. Employees of all ages should learn how to better connect with one another.

Get to know employees by learning more about millennials. They think globally and crave authenticity and transparency. If you understand what they want and expect, the whole team can benefit. “Schedule time to connect on a non-crisis manner,” she suggests. “Reach out, recognize, and acknowledge.”

engage millennials in everything from problem solving, to product development, to customer service. “When you start to

look at your new age resources, you really can start to look at your business in a profound way.”

Consider looking at business through the mobile lens millennials use. “How we train, how we connect, how we engage through the mobile lens—it really does make you think.”

Get comfortable being uncomfortable. “There are going to be times we have to be uncomfortable with not always knowing the answer … It opens you to possibilities.”

Embrace the power millennials bring to the workplace with social connectivity.

Stop listening to the possible disasters of Facebook and Twitter, take social media for what it is, and unleash it for its possibilities.

“as leaders, we have so much to give, but we also have so much to get when we learn how to use all our powers together. We also have an inherent responsibility to teach, coach and lead the next generation of leaders, just as the generation before us did. Potentially, our greatest legacy is to pave that path.”

Originally published by the National Restaurant Association at www.restaurant.org/Manage-My-Restaurant

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legislatorspotlight

senatorJim brewster (d-allegheny/Westmoreland)

WHat Made you Run FoR tHe senate?

a: I have always had a passion for public service and a desire to help people and build and improve communities. Growing up in McKeesport and witnessing its tremendous vitality before the steel industry collapsed, then living through the extraordinary difficulties in its aftermath gave me an appreciation for the heart, resilience and strength of the people of the Mon valley region.

Even as my professional responsibilities grew – eventually reaching the position of vice-president with Mellon Bank – I had a desire to give back. My family and I were very involved in McKeesport and Mon valley activities, in addition to the Democratic Party, so I sought election to office. I served on council in McKeesport and became president after several years. In 2004, I was elected mayor.

as mayor, I learned that while there was a tremendous amount of work to do, there were also great opportunities. During my tenure as mayor, we stopped McKeesport’s economic decline and prevented it from going into “distress.” Simultaneously, we leveraged $27 million in state and federal funding and completed major local development projects.

When the Senate seat opened, I thought that I could continue to help individuals and communities, but on a much larger scale and with a substantially expanded array of issues.

as MinoRity cHaiR oF tHe senate LaW and Justice coMMittee — WHat Have been soMe oF tHe tHings tHat you Have LeaRned/been suRPRised about?

a: as Democratic chair of the Senate law and Justice Committee, I have learned a great deal about issues that are important to constituents, our business community and law enforcement. It is critical know how our committee work has the potential to impact citizens on a daily basis. as Democratic chair, I am fortunate that the Republican Chair of the committee works with me and approaches issues with thoughtfulness and balance. Sen. Chuck McIlhinny is willing to listen and provide a platform that enables opinions to be offered and considered fairly.

With a long history of dealing with liquor issues during in my career in public service before I was elected to the Senate and knowing first-hand how those issues influence business development, I was pleased to gain an in-depth understanding of possible policy changes from discussions with representatives of the hospitality industry, labor and others who are knowledgeable. In my effort to represent my constituents and develop the best policy possible, it is important to have accurate information.

WHat aRe soMe oF tHe goaLs you Have as deMocRatic cHaiR oF tHe senate LaW and Justice coMMittee?

a: I think it is important, as chair, to keep all members apprised of all relevant information about issues that are before, or may come to, the committee’s attention. In addition, it is important that the chair communicate openly with the Republican chair concerning issues and member priorities.

Given the high profile issues the committee has dealt with over the last couple years, it is important that all avenues of communication are available. as sponsor of the Senate Democratic liquor modernization legislation and a person who is very active in law enforcement issues, I also need to be an advocate for not only my priorities, but those of my Democratic members on the committee.

it seeMs tHat HaRRisbuRg is in a constant state oF gRidLocK LateLy, WHy do you tHinK tHeRe isn’t abiLity to coMPRoMise anyMoRe?

a: Unfortunately, some of the rancor and partisanship that we have seen for years in Washington seems to have come to Harrisburg. In Pennsylvania, this is a product of more ideological members elected in gerrymandered partisan districts. legislators are a reflection of their districts and the local politics. For many members, with the current partisan gerrymandered map in place, politics are attuned and lean to primary elections rather than general election contests in electorally-balanced districts.

When districts are more equitably drawn, members are not drawn to the extremes. What many fail to understand is that no one wins when there is partisan gridlock. Our citizens want progress and accomplishment, not a recurring political fight on every issue. Compromise is a way to find common ground even on the most difficult issues. leaders who forge solutions should not be penalized in elections for trying to accomplish policy change by negotiating.

What many observers fail to realize is that the vast majority of bills considered on the Senate floor are unanimous or near unanimous votes and have a wide range of support. This proves that under the surface, there is wide agreement by both sides on a slew of issues. This presents a framework for bipartisan work on key issues.

WHat aRe soMe oF tHe otHeR goaLs you Have LegisLativeLy oveR tHe next couPLe oF yeaRs?

a: Beyond issues considered by the law and Justice Committee, I have a well-developed

It is important that open lines of communication be maintained where accurate information can be exchanged about issues that are important to the [hospitality] industry.

legislative agenda. This starts with my proposal to implement a responsible Marcellus Shale extraction tax. My plan would give drillers credit for their current act 13 fee; continue the impact payments to local governments while using the remainder to support education. My “Extraction for Education” plan is reasonable, responsible and would protect the competitiveness of Pennsylvania’s emerging gas drilling industry.

as a leader in education, I believe Pennsylvania needs to overhaul the process it uses to establish charter schools. I have been very involved in fighting the relatively arbitrary approval process through the state’s charter appeal board when our local school districts reject a charter application. If local school districts are helping foot the bill, they should have a say in determining the extent of charter infiltration within the bounds of the district.

In support of our steel industry, steelworkers and american products, I am doing what I can to combat foreign steel dumping while adding safety protections for communities. I have sponsored legislation to ensure that the steel used in drilling wells and related safety equipment is produced in the United States. To

increase transparency about the steel used in shale drilling, my proposal calls for establishing an interactive website that can track the country of origin of the steel that is being used in wells.

as a strong proponent of law enforcement, I am also very interested in the expanded use of body cameras for police officers. I think they are important tools for law enforcement and believe there is an effective means to employ them in a police officer’s daily routine. In addition to these measures, I have sponsored legislation to eliminate blight in small cities, improve housing stock and rebuild local communities. as a means to improve government transparency and accountability, I have sponsored a series of government reform measures designed to tighten up laws related to expenses, automobile leasing and gifts.

iF you couLd cHange anytHing in HaRRisbuRg, WHat WouLd it be?

a: I think a significant issue is the growing sense that Harrisburg is unable to get work finished on time and with a purpose. We also need to return our focus on the needs of working men and women

and pursue agenda that is equitable, balanced and targeted to address key concerns of families. Job creation, fair funding for schools, improving health care and repairing the social safety net is critical. I think we really do need to turn aside the partisanship that resulted from the gerrymandering that occurred during the last reapportionment. Drawing a new, equitable map that preserves communities-of-interest, respects municipal bounds, and ensures compact and contiguous districts without political contortion would go a long way toward restoring balanced lawmaking and effective government.

WHat can tHe HosPitaLity industRy do to becoMe MoRe engaged WitH tHeiR LegisLatoRs?

a: It is important that open lines of communication be maintained where accurate information can be exchanged about issues that are important to the industry. More visits to legislators in their offices, member contacts at social and community events plus literature supporting a particular argument helps members of the General assembly better understand issues.

Employees asking you about health insurance options? We’ll take it from here. Ritter Insurance Marketing partners with PRLA to find the right coverage for individuals who might not qualify for group health plans. Our trained staff provides expert advice on the health insurance marketplace and Medicare benefits.

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legal DOCKET

The attorneyask

Keith a. Clark, Esquire and Kenneth J. McDermott, Esquire

SHUMaKER WIllIaMS, P.C.General Counsel, Pennsylvania

Restaurant & lodging association

We recently had a request to update our prior advice with respect to the issue of whether a website is a “place of public accommodation” and, therefore, required to comply with the americans with Disabilities act (the “act”)?

Unfortunately, this is one of those legal issues that involves diverse decisions among the Federal Circuit Courts and a high dependency upon individual facts and circumstances, resulting in no decisive, generally applicable answer. To make the matter even murkier, despite the act being law since 1990, and e-commerce being a major industry since the late 1990s, the Department of Justice does not anticipate it will issue any regulations related to how websites are to comply with the act until 2018. The Department of Justice has indicated that the aDa applies to websites, but has repeatedly delayed promulgating rules governing the same.

The act was written before the widespread adoption of the internet. as a result, it did not contemplate or discuss its application to websites. Consequently, it has been left to the courts to determine how to apply the act to internet interstate commerce. Unfortunately, there is a split among the federal courts on this issue, with some Circuits holding that a website must comply with the act, while others hold there must be a nexus between the alleged discrimination and a physical location.

The Third Circuit, which includes jurisdiction over the Commonwealth of Pennsylvania, is one of the Circuits that, to date, requires a nexus to an actual, physical location. In Ford v. Schering-Plough Corp., (1998), the Third Circuit held that an individual’s communication with an insurance company via a website had no direct nexus to any actual physical location and, accordingly, was not subject to the americans with Disabilities act. The Sixth, Ninth, and Eleventh circuits also require a connection to a physical location.

The requirement that the alleged discrimination relate to a physical location generally means that these Circuit Courts have generally held the act does not apply to websites; however, it may be possible for a claimant to prove a sufficient nexus exists between a website and a physical location to bring it within the act. In National Federation for the Blind v. Target, Inc., (2006), the Federal District Court for the Northern District of California found that there was enough of a nexus between use of website services and services provided at actual brick-and-mortar stores to be considered “places of accommodation.”

It remains an open question whether a case involving the use of a website to service a physical restaurant, hotel or attraction location for the purpose of providing take-out menus, reservations, etc. involves facts sufficient to find that there is a connection to a physical location.

In summary, based upon current case law within the Third Circuit, a Pennsylvania-based business can defeat a claim that its website is not aDa-compliant if the claimant cannot prove a physical nexus between the website and a physical property. However, depending upon specific facts and circumstances, a plaintiff may be able to satisfy the requirement that the alleged website discrimination is connected to a physical location. Furthermore, to the extent a plaintiff can achieve proper venue in a Court outside of Pennsylvania that does not require a nexus with a physical location (e.g., California Federal District Courts), a business may not be successful in defending a claim under the act regarding its website.

If you have any questions concerning this or other legal issues, please contact Keith a. Clark (717-909-1612) or Kenneth J. McDermott (717-909-1624) at Shumaker Williams, P.C., PRla’s General Counsel.

aDa Compliance for Websites

Kenneth J. McDermottKeith a. Clark


WelCOMe neW MEMBERS

Restaurant Members amada Philadelphia

armstrong’s Restaurant Bridgeville

armstrong’s RestaurantPittsburgh

armstrong’s Restaurant Coraopolis

aurora Huts LLc Wexford

back door tavern New Brighton

bacon, bourbon & beer Washington

barney’s bar & grill aliquippa

baRuni’s Hotel & grille on dussBaden

blue & gray bar and grill Gettysburg

bogey Macaws york

bonefish grillKing Of Prussia

bonefish grillMcCandless

buenda onda Philadelphia

buford’s Kitchen downtown PittsburghPittsburgh

buford’s Kitchen Moon township Moon Township

burgerz and dogzSouth Park

cafe di vetro lancaster

carmody’s grill Pittsburgh

city Works King Of Prussia

copabanana Philadelphia

copperhead grille Bethlehem

crowe’s traveling cusine york

cucina catering LLc Reading

culture Restaurant Pittsburgh

distrito Philadelphia

dJ’s taste of the 50’s lancaster

duke’s Hershey Hershey

eggs n’at Moon Township

Fraternal order of eagles 1299 Carlisle

garces catering events at the KimmelPhiladelphia

garces events Philadelphia

garces group Philadelphia

garces trading company Philadelphia

garlic Poet Restaurant & bar New Cumberland

grain allentown

gramia’s bar & Restaurant Boyertown

guerrilla canteen Hershey

Hayloft Restaurant Milroy

Hill House Restaurant New Castle

Hooter’s Saint louis, MO

Hooter’sGlen Mills

Hooter’sKing Of Prussia

Hooter’sPhiladelphia

Jaymee Lee’s diner LLc Newville

Jet Wine bar Philadelphia

Jg domestic Philadelphia

Kendrew’s Loungealiquippa

Little Johnny’s ii New Castle

Little Lion Philadelphia

Lyndon diner york

Lyndon diner lancaster

Mac’s Route 8 cafe Butler

Mad chef craft brewing East Petersburg

Manayunk brewery & Restaurant Philadelphia

Mario’s dockside grille Beaver

Mario’s Woodfired Pizzeria Beaver

Mercer café @ the navy yard Philadelphia

Miscreation brewing companyHanover

nahla’s Restaurant New Castle

northeast dairy Queen North East

P.F. chang’s china bistro Scottsdale, aZ

P.s. & co. Philadelphia

Palazzo 1837 Ristorante Washington

Papa dukes bar & grill aliquippa

Papa duke’s Paris grill aliquippa

Papa J’s Ristorante Carnegie

Pine avenue dairy Queen Erie

Popped culture Harrisburg

President’s Pub Washington

Rex 1516 Philadelphia

Roadside Ribs and bbQ Jersey Shore

Rolling acres golf course Beaver Falls

Rosa blanca at dilworth Philadelphia


Roxy’s chatter box cafe Hummelstown

sara’s Restaurant Erie

sea shell bar & grill Coraopolis

shulligans bar & grill aliquippa

sip n glo Philadelphia

southpointe golf club Canonsburg

starwood Rib & steakhouse New Castle

sugar Whipped bakery lititz

the bayou Bethlehem

the canton chatterbox Restaurant Canton

the Hamilton Kitchen & bar allentown

the olde bar Philadelphia

the split Rail West Chester

tinto Philadelphia

towne square Restaurant Beaver

vic’s oven Beaver

village Whiskey Philadelphia

volver Philadelphia

Waffles incaffeinated Beaver

Waffles incaffeinated Pittsburgh

Wings, suds & spuds Moon Township

Zero day brewing company Harrisburg

Lodging Members comfort suites DuBois

country Living inn lancaster

inn at Pocono Manor Pocono Manor

the Mill stone Manor Huntingdon

Hilton garden inn Pittsburgh airport/Robinson twp. Pittsburgh

Quality inn Milesburg Milesburg

Holiday inn express Pittsburgh airportPittsburgh

sheraton society Hill Philadelphia

the Logan Hotel Philadelphia

Holiday inn express King of Prussia King of Prussia

Heritage Hotel Lancaster lancaster

springHill suites Pittsburgh Latrobelatrobe

Other Hospitality delgrosso’s amusement Park Tipton

altland House of abbottstown inc.abbottstown

bedford county conference & visitors bureau Bedford

greater Reading convention and visitors bureau Reading

Lebanon valley destination Marketing organization lebanon

australian Walkabout inn lancaster

Management Company MtM Restaurant group Warrendale

Allied Membersbalfurd Linen service Tipton

diningdata Chicago, Il

empirical consulting solutions LLc King of Prussia

Fisher & Phillips LLP Radnor

Ketrow insurance Duncansville

Kline’s services inc. ambler

Labrador inc. Harrisburg

Marsh Mcclennan usa Philadelphia

new Heritage insurance agencyColumbia

Patrice & associates Harmony

Post & schell Pc Philadelphia

the Regis group inc. Pittsburgh

true associates Westfield

valley Proteins Mechanicsburg

valley Proteins East Pittsburgh

valley Proteins Hatboro

vLK consulting group Harleysville

Where & When, Pennsylvania’s travel guide Mount Joy

JULY7/11 Wilkes-Barre

7/11 Williamsport

7/18 Langhorne

7/18 Monroeville

7/25 Harrisburg

2016 Upcoming Classes

AUGUST8/1 Reading

8/1 State College

8/8 Greensburg

8/8 York

8/15 Grove City

8/15 Philadelphia

8/29 Lancaster

8/29 Washington

Group discounts for the one-day class are available when registering three or more students. Home study and online courses are available. Check prla.org for pricing. Retesting is available for $60. Corporate classes at your location for groups of 15 or more.

REGISTERprla.org/servsafe

(800) 345-5353

EARLY BIRD CLASS PRICING $130 members/$170 non-membersEarly bird pricing must be pre-paid 14 days prior to the class. Regular prices are $135/member and $175/non-member. Taxes, shipping & handling fees apply. All classes are a one-day course with proctored exam. Textbook and lunch included. Classes start at 8 a.m., with exams starting at 3:30 p.m.

SEPTEMBER9/12 Erie

9/12 Wilkes-Barre

9/26 Harrisburg

9/26 Monroeville

9/26 Philadelphia

OCTOBER10/3 Bethlehem

10/3 State College

10/17 Downingtown

10/24 Bedford

10/24 Butler

10/24 Lancaster

GIVING BACKPRLA ServSafe profits are reinvested in industry education, outreach and advocacy programs.

Support your industry.


MEMBER MilesTOnes

bRandyWine cHaPteR

On May 11, the Brandywine Chapter hosted a Human Resources Panel. Panelists discussed unemployment compensation and Pa labor laws, overtime v. salary and upcoming changes to exemptions and FlSa laws, Family and Medical leave (FMla). Thank you to panelists Betsy Benner, HR Manager at victory Brewing, Jill Fisher, Esq., of Empirical Consulting and Magda Monicrief, HR Manager at Iron Hill Brewery for leading the conversation on these important topics.

centRaL cHaPteR

Two students from the lebanon County Career and Technology Center Pastry art Program recently placed Gold and Silver at the Pennsylvania SkillsUSa State Competition held at the Hershey lodge in april. Sydnee Wolfe won a Gold Medal and Wilson lopez won a Silver Medal in the Commercial Baking Competition. Sydnee will compete at SkillsUSa National Competition in louisville, Ky on June 22. SkillsUSa is the largest student organization in the world devoted to all industry trades.

Keystone cHaPteR

LancasteR cHaPteR

Good ‘N Plenty Restaurant was proud to host a breakfast for the community in honor of the 2016 National Day of Prayer. This year’s theme, Wake Up america, emphasized the need for people both personally and professionally to turn to God. The 55 people in attendance enjoyed a continental breakfast complete with scrumptious items from the restaurant’s in-house bakery. Pastor Phil Good from Mill Creek Church facilitated the morning’s agenda. Speakers included local government officials, military and education personnel, media and church representatives, business owners and heads of families.

LeHigH vaLLey cHaPteR

Detzi’s Tavern in Wind Gap was the setting for the lehigh valley Chapter’s Cigar Night fundraiser—Suds, Smoke, Savor. Chapter members and their guests enjoyed craft beer samples, wonderful food and, of course, cigars. The event raised funds for the PRla Education Foundation. Thank you Jeff Detzi for hosting the event and to events planning committee for a terrific evening. Next up is the June 28 Chapter Baseball Night.

noRtHWesteRn cHaPteR

Wilson Lopez (l) and Sydnee Wolfe placed Silver and Gold respectively at the Pennsylvania SkillsUSA State Competition in the Commericial Baking Competition.

Congressman Glenn Thompson (R-PA 5th District) visited the Keystone Chapter meeting at Mountain View Country Club.

C.A. Curtze Company hosted the Northwestern Chapter’s June 7 meeting at its headquarters in Erie.


Members Milestones continued

PHiLadeLPHia cHaPteR

More than 50 hospitality industry professionals boarded double-decker buses for a “Philly by Night” tour at the most recent Women in Hospitality-Philadelphia event. The fully narrated tour included a stop at the Philadelphia art Museum so guests could climb the famous Rocky Steps as well as a stop to take photos of the city skyline under the stars. a pre-tour reception hosted by the Philadelphia Marriott Downtown gave everyone time to network and enjoy delicious appetizers and cocktails.

Congratulations to Chapter President Ben Fileccia who will join Reserve Philly as its new general manager. Ben has been the general manager for Sbraga Dining for four years.

WesteRn cHaPteR

Congratulations to the Fairmont Pittsburgh which was named one of the 10 Best Hotels in the U.S. to Experience Major League Baseball in 2016 by Travel Pulse.com. The hotel was described as having “gorgeous views of one of the best ballparks in America.”

More news at the Fairmont—General Manager Matthew Sterne announced that Meghan Earnshaw joined the hotel as director of operations. Most recently, Meghan was director of rooms at the Fairmont Chicago.

In addition, Fairmont Pittsburgh co-workers celebrated Earth Day by planting trees along the North Shore Trail with the Western Pennsylvania Conservancy, Tree Pittsburgh and Friends of the Riverfront.

Congratulations are also in order for Monterey Bay Fish Grotto which recently won the Delicious Design 2016 award from Pittsburgh Magazine. The annual award highlights restaurants with beautifully designed dining spaces.

Western Chapter vice President Pete landis will open a new concept in lawrenceville. The Roasted Barrelhouse and Eatery will be located in an upgraded 19th century-era commercial building and will feature a menu of slow roasted and smoked meats and vegetables. The restaurant will also showcase local beers along with wines and cocktails. It is expected to open in May.

The Church Brew Works is celebrating 20 years this year—congratulations and here’s to many more!

[email protected]

www.justv.tv

Providing DIRECTV for Hotels™

Have something noteworthy to share? email [email protected] with “Member Milestones” in the subject line to be included in the next issue.

19th Annual PRLA GOLF CLASSIC WEST

Monday, September 26Fox Chapel Golf Club

www.prla.org/golfwest

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PRLA Matters Spring/Summer 2016

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