SBA Announces $83M in New RRF Grants
Our partners at the National Restaurant Association (NRA)  just announced that the U.S. Small Business Administration (SBA) is releasing $83 million in Restaurant Revitalization Fund (RRF) dollars, which will fund the 169 applications at the front of the application queue. Operators receiving funds should receive notification today. Funds should be released within the next week and must be used before the RRF program expires in March 2023.

More details can be found from the NRA here. SBA’s release can be found here.

Today's press release from the National Restaurant Association:

Washington, D.C. (Nov. 23, 2022) – Today, the Small Business Administration (SBA) announced the release of $83 million dollars in unobligated Restaurant Revitalization Fund (RRF) grants to 169 operators with pending applications.
 
The National Restaurant Association has been requesting these funds be released, and Executive Vice President of Public Affairs Sean Kennedy made the following statement in response:
 
“The SBA’s action represents the final chapter of our nearly three-year effort to secure dedicated federal pandemic relief dollars for local restaurants. Today’s announcement is great news for those 169 operators fortunate enough to receive an RRF grant, but hundreds of thousands more are struggling with uncertainty.
 
“We must continue to look forward because the enormous challenges of the industry will continue beyond today. From the recruitment of employees to the constantly rising costs for food, running a restaurant right now is a daily struggle. There are steps the government can take to support restaurants in every community, and we will continue to press for solutions at the federal, state, and local level.”
 
According to the SBA, the grants are being released to operators in the order their applications were received. Operators receiving funds should receive notification today and SBA will begin transmitting the grants next week. They have until March 2023 to spend the money.
 
The Association was first to lay out the plan for a restaurant industry recovery fund to Congress in April 2020. Congress eventually set aside $28.6 billion dollars for the RRF in the American Rescue Plan Act. After this money was distributed, more than 177,000 applications were left in limbo at the SBA.
 
The Government Accountability Office (GAO) released a report in July, noting SBA was holding unobligated RRF funds and the Association was first to send a letter to SBA Administrator Isabella Casillas Guzman requesting that the unobligated money be released to unfunded applicants.
 
The restaurant industry was the hardest hit by the pandemic. In the initial shutdowns, more than eight million industry employees were laid off or furloughed. The industry still has not recreated 565,000 jobs lost at that time, which is the largest current employment deficit caused by the pandemic among all U.S. industries. More than 90,000 restaurants closed permanently or long-term because of the pandemic. 

​Advocating for Third Party Delivery Fee Caps
ORLA has been participating in the drafting and adoption of a permanent third-party delivery fee cap for the City of Portland along with other stakeholders and the Mayor’s office in a transparent collaboration with input from all sides. See the latest draft here.
 
During the pandemic, the city of Portland adopted a temporary 10% cap on third-party delivery fees to help restaurants. This past June, ORLA was instrumental in securing an extension of the cap another eight months. Now, the city is looking to adopt a permanent cap of 15% along with protections for restaurants. The ordinance is consistent with similar approaches taken in recent months by Seattle and San Francisco and its provisions offer strong protections and support to restaurants and food carts.  
 
This approach also reduces the likelihood of continued consumer-facing fees or constrained delivery radiuses that may negatively impact restaurant sales. Additionally, this policy will require food service platforms to provide a reasonable level of service at or below a 15% commission rate in the City. It also seeks to protect restaurants from being penalized or otherwise disadvantaged from opting into the 15% capped rate. The cap on takeout commissions will be 4% under this policy.    
 
Other notable protections and operational standards that support local restaurants and food carts include:

• Requires food delivery platform to notify all currently contracted restaurants in writing that they have an option to select the 15% or lower capped fee once this policy is adopted. This notification must be available in multiple languages reflective of the Portland community.
• The included language requires platforms to clearly define and explain all fees and commissions associated with contracted services, including the transaction fees that may be passed on from payment processors to restaurants by platforms. Transaction fees may not be more than the platforms themselves are charged by payment processors, and this rate must be able to be clearly communicated in restaurant contracts and substantiated upon request.
• Third party food platforms shall not disclose any info about a restaurant, including its menu or contact information, without the restaurant’s consent.
• Delivery platforms shall not restrict the prices that a restaurant may charge for food and/or beverages.
• There is a strong enforcement mechanism in this ordinance including fines for non-compliance. Current complaints may be filed here, and similar recourse will be available in the future following the adoption of this ordinance.

 
ORLA is pleased to have been instrumental in the creation of this new policy to protect restaurants and consumers.

Next Steps: The final ordinance language will be filed with the Council Clerk. This item has been scheduled for a first reading as a time-certain item at the Portland City Council meeting on 10:40am on Wednesday, December 7. Following the first reading, it would move to a second reading and vote for adoption on Wednesday, December 14. 
 
Contact Greg Astley, ORLA Director of Government Affairs if you are interested in providing public testimony on December 7.

Election Recap: Many Close Races, Some Still Too Close to Call
[Numbers updated 11/6/22 from original post on 11/14/22]
​
Voter turnout in Oregon for midterm general elections is typically around 70%. The results below were pulled from the Secretary of State’s site as of 3:45 p.m. Tuesday, November 15, 2022, and reflect a 62% turnout.
 
This is the first Oregon Election where ballots did not have to be received by 8:00 pm on election day, but did need to be postmarked by election day. So, there is no historical perspective if this might benefit one party over the other. 
 
On the Federal side, Oregon gained an additional Congressional seat. Although that race, the 6th Congressional, is still too close to call, it looks like the Republicans in Oregon will gain at least one seat in Congress, the redrawn 5th Congressional District. 
 
In the Governor’s race, Christine Drazan has conceded the race to Tina Kotek. Betsy Johnson conceded on Election Day after the initial returns.
 
It appears most of the Senate races are known at this time. The Democrats held a 18-12 super majority which at this point seems to be reduced to at least 17-13, with the only race still up for grabs being the Oregon City-Gladstone seat held by Republican Bill Kennemer. Kennemer and challenger Mark Meek (D) are locked in a tight race with Meek leading by 0.68% or just 397 votes. This seat is in Clackamas County so there should be a fair number of votes still to count. 
 
The House has more races where it is too soon to call. The Democrats currently hold a 37-23 super majority. Democrats appear to have enough seats to retain control with 32 races that seem to be settled. The Republicans should win 23 seats for sure. That leaves five seats up for grabs and too close to call still.  Democrats would have to win four of the five to hold the super majority in the House. 

Governor: 

• Kotek (D) – 47.10% – Difference between Kotek & Drazan = 67,365 votes
• Drazan (R) – 43.44% – Drazan has conceded
• Johnson (I) – 8.62%

 
BOLI: 

• Stephenson – 60.86% – Difference = 319,556 votes        
• Helt – 38.49%

 
CD4: 

• Hoyle (D) – 50.91% – Difference = 25,866 votes
• Skarlatos (R) – 42.9% – Skarlatos has conceded

 
CD5:

• Chavez-Deremer (R) – 50.91% – Difference = 6924 votes
• McLeod-Skinner (D) – 48.82% – McLeod-Skinner has conceded

 
CD6:

• Salinas (D) – 49.79% – Difference = 5404 votes
• Erickson (R) – 47.76%

 
M111 (Health Care as Right):

• No – 50.65% – Difference = 23,185 votes
• Yes – 49.35% 

 
M112 (Slavery Language in Constitution):

• Yes – 55.66% – Difference = 201,231 votes
• No – 44.34%

 
M113 (Legislative Absences):

• Yes – 68.31% - Difference = 653,534 votes
• No – 31.69%

 
M114 (Gun Sales):

• Yes – 50.90% - Difference = 32,630 votes
• No – 49.10%

 
State Senate: 
Current balance is 18 D, 11 R, 1 I.  If those currently leading below hold, balance would be at 17 D, 12 R, 1 I. It appears to be down to one competitive race – SD20. 
 
SD3:

• Golden (D, Inc.) – 51.79% - Difference = 2341 votes
• Sparacino (R) – 48.09%         

 
SD10: 

• Patterson (D, Inc.) – 53.42% - Difference = 3938 votes
• Moore-Greene (R) – 46.44%                        

 
SD11 (open seat):

• Thatcher (R) – 52.68% - Difference = 2318 votes
• Walsh (D) – 47.08%

 
SD13 (open seat):

• Woods (D) – 57.59% - Difference = 8646 votes
• Velez (R) – 42.32%

 
SD16 (open seat): 

• Weber (R) – 56.60% - Difference = 9362 votes
• Busch (D) – 43.26%

 
SD20:

• Meek (D) – 50.28% - Difference = 397 votes
• Kennemer (R, Inc.) – 49.60%

 
SD26 (open seat): 

• Bonham (R) – 59.04% - Difference = 11,914 votes
• Mason (D) – 40.83%

 
State House: 
Current balance is 37 D, 23 R.  If those currently leading below hold, balance would be at 35 D, 25 R. There are several very tight races left.
 
Pretty Wide Margins...
 
HD12 (open seat): 

• Conrad (R) – 57.53% - Difference = 5212 votes
• Emmons (D) – 42.36%

 
HD19 (open seat):

• Anderson (D) – 54.21% - Difference = 2344 votes
• Sullivan (R) – 45.65%

 
HD21 (open seat):

• Mannix (R) – 51.67% - Difference = 1552 votes
• Navarro (D) – 45.44%

 
HD22 (open seat):

• Cramer (R) – 51.80% - Difference = 630 votes
• Medina (D) – 48.00%

 
HD24 (open seat):

• Elmer (R) – 55.64% - Difference = 2929 votes
• Ernst (D) – 44.23%

 
HD31 (open seat): 

• B. Stout (R) – 59.44% - Difference = 6758 votes
• Sorace (D) – 40.33%

 
A Little Closer...
 
HD7:

• Lively (D, Inc.) – 51.68% - Difference = 1112 votes
• A. Stout (R) – 47.72%

 
HD32 (open seat): 

• Javadi (R) – 51.26% - Difference = 912 votes
• Laity (D) – 48.59%

 
HD40 (open seat):

• Hartman (D) – 50.21% - Difference = 161 votes
• Baker (R) – 49.69%

 
HD48 (open seat):

• H. Nguyen (D) – 51.39% - Difference = 681 votes
• Masterman (R) – 48.47%

 
HD49:

• Hudson (D, Inc.) – 52.08% - Difference = 905 votes
• Lauer (R) – 47.70%

 
HD50:

• Ruiz (D, Inc.) – 51.70% - Difference = 836 votes
• Salvador (R) – 48.10%

 
HD52 (open seat):

• Helfrich (R) – 52.50% - Difference = 1611 votes
• Long (D) – 47.37%

 
HD53 (open seat):

• Levy (D) – 50.33% - Difference = 278 votes
• Sipe (R) – 49.56%

 
Other State House Races of Note
These races include restaurant operators running for public office (McEntee, Nguyen, Bynum).
 
HD10:

• Gomberg (D, Inc.) – 56.77% - Difference = 5026 votes
• McEntee (R) – 43.10%

 
HD38: (open seat)

• D. Nguyen (D) – 68.07% - Difference = 13,363 votes
• Firmin (R) – 31.86%

 
HD39:

• Bynum (D, Inc.) – 54.86% - Difference = 2632 votes
• Haynes (R) – 44.98%

Keeping Alcohol Out of The Hands of Minors

“Can I see your ID?” can be a refreshing and somewhat amusing question for those of us who ‘comb gray hairs.’ Such a request can catch some customers off guard; as asking them to rummage through their purses, pockets or ‘fanny packs’ is never a fun chore. However, keeping alcoholic beverages out of the hands of minors is a serious responsibility that front-of-the-house staff take on and must monitor throughout their shifts.

Alcohol is the number one abused controlled substance by teens. A 2019 Center for Disease Control survey revealed that 29 percent of high school students reported drinking alcohol within the last 30 days while a shocking 17 percent rode with a driver who had been drinking. These statistics show how serious the issue is and how vigilant hospitality businesses need to remain to prevent alcohol from getting into minors’ hands.

So why is keeping alcohol out of the hands of minors so important? Besides being illegal, alcohol drastically impacts minors’ ability to make sound judgements and sets them down a dangerous path for their future. Research shows that people who start drinking before the age of 15 are five times more likely to develop an alcohol use disorder later in life. 

To confront this problem, restaurant and bar owners need to be proactive by ensuring there is an ongoing discussion with front-of-the-house staff. Bars and restaurants should:

• Ensure your staff is up to date on their Alcohol Service Permit training
• Set regular check-in meetings with your frontline staff to discuss your business’ atmosphere
• Ask staff to immediately report any attempts by minors to purchase alcohol to management
• Avoid overcrowding your business
• If you are holding a large event, consider implementing ID checks, wrist bands, or establish drinking areas where minors are not allowed 
• Talk to your OLCC Inspector or local law enforcement about any concerning trends.

Even with all that effort, minors still can be deceitful. Fake IDs are a common occurrence, and some minors look older than they actually are. College towns are particularly prone to fake ID problems and our Inspectors have received piles of these IDs from businesses. This is why it is so vital for bar and restaurant operators to stay on top of employee training, so staff are prepared to catch a fake and prevent a sale.

Frontline staff should feel empowered to ask questions and trust their instincts when in doubt. Asking a questionable patron details about their ID can reveal a lot. 

• Was the patron able to correctly identify the birthdate and address on the ID?
• Did they get anything wrong or hesitate?
• Does something about their appearance (e.g., eye color, hair, height) seem off from the ID?

Ultimately, all servers should remember they have the right to refuse a questionable sale.

Due to the serious impacts of underage drinking, the OLCC is charged with conducting minor decoy operations. In order to carry out this charge, the OLCC employs minors between 18-20 years old who look under the age of 26. These decoys attempt to purchase alcohol or marijuana at OLCC licensed businesses. If asked for identification, the minor decoy shows their own valid Oregon identification, which indicates they are underage. Minor decoys do not disguise their real age or encourage the sale of alcohol or marijuana. 

While not the most popular part of the agency’s mission, minor decoy operations uncover when businesses become too lax and forget the seriousness of their responsibilities. When marijuana became legal, retailers had a great deal to learn about running a front-facing legal operation. One challenge that was identified quickly was preventing sales to minors. As reports came in about such suspected sales, the OLCC responded by initiating minor decoy operations on the budding market.
 
In late 2017, the first set of operations showed that the industry was not taking the issue seriously with an 81 percent compliance rate. The Commission responded by increasing the penalty for any sale to a minor and engaged in a campaign to educate licensees and worker permit holders of their responsibilities. In January of 2018, the Commission reengaged in minor decoy operations and saw compliance improve to 89 percent.

Establishing a name for a business takes time, dedication, and hard work. Not being proactive and enabling minors to drink in your establishment can endanger all of that work and put lives at risk. It is vital for the health of Oregonians that the hospitality industry work to prevent minors from obtaining alcoholic beverages. OLCC Inspectors are available to meet with your staff to provide education and tips on how you can prevent selling alcohol to minors. | Oregon Liquor and Cannabis Commission

Homeless Camping Ban / Lottery Retailer Meeting / Restaurant Revitalization Funds

An End to Unsanctioned Camping in Portland
Portland City Council approved a plan to ban unsanctioned camping whereby Portlanders experiencing homelessness will be moved from undesignated areas to available shelter locations. ORLA Government Affairs Coordinator Makenzie Marineau testified in favor of the proposal last week. In addition, we provided testimony at the Multnomah County Commission meeting in support of a good neighbor agreement between the County and businesses surrounding their new Behavioral Health and Resource Center located behind the Benson Hotel.

ORLA Lottery Subcommittee Relaunches
Next week we're relaunching our Lottery Subcommittee made up of ORLA members who rely on solid working relationships with Oregon Lottery staff and the Oregon Lottery Commissioners. If you’re a Lottery Retailer and would like to be involved, reach out to ORLA’s Director of Government Affairs Greg Astley with any questions. The subcommittee will be focusing on preparing for the next negotiation on commission rates with lottery staff, the potential for geocached in-game sports betting exclusive to bars/restaurants with retailer licenses, and progressive jackpots for ORLA members on video lottery terminals. Those issues and more will keep the group moving forward through 2023.

Association, Sponsors Urge SBA to Release Last $180M in RRF
The 4 sponsors of the RESTAURANTS Act (which became the RRF) sent a letter to the Small Business Administration this week demanding answers about the $180M in unobligated RRF money. U.S. Reps Brian Fitzpatrick (PA-01) and Earl Blumenauer (OR-03) and Sens. Roger Wicker (MS) and Kyrsten Sinema (AZ) wrote a letter to Isabel Guzman, administrator of the SBA, urging for a release of all unobligated funds from the RRF no later than Nov. 14, 2022. The National Restaurant Association has been working with Congress since July to urge SBA to disburse the funds, citing over 177,000 restaurant applicants who are desperately waiting for word on whether they will ever receive funding. Read the latest letter.

AHLA Honors Native American Heritage Month
November is National Native American Heritage Month, and AHLA is honoring the rich history and cultures of American Indian, Alaska Native and Native Hawaiian communities in the United States. The association has developed educational resources to support your individual DE&I learning journey:

• AHLA Foundation’s best practices guide
• National Park Service resources for Native American Heritage Month
• National Congress of American Indians

Restaurant Operator Survey for November
As the National Restaurant Association and state restaurant associations continue to advocate on behalf of the industry, please help us quantify and further illustrate how current business conditions are impacting the restaurant industry. The Association Research Group developed a brief survey designed to collect important data to inform our ongoing advocacy activities. Restaurant operators: Please take a few minutes to complete the survey.

ORLA keeps members informed and educated with the latest information, industry intelligence and research via several channels. In addition to the blog, members receive more comprehensive insights via the monthly Insider e-newsletter and access to the Member Portal with data and research. 

​Not a member yet? Visit our Membership page or reach out the ORLA Regional Representative nearest you.