Compliance extension and clarifications to single-use plastics
Ordinance No. 189537 – passed 6/5/2019; effective 7/5/2019
 
The City of Portland extended the compliance date for their restrictions on single-use plastics, moving the date from July 1, 2019 to October 1, 2019. They intended to give businesses more time to adjust given the impact of SB 90, which preempts local code.
 
It also clarifies that plastic utensil self-service stations for restaurants with counter service will still be allowed. There is also an exemption for plastic serviceware that is attached with a beverage container by the manufacturer (e.g. juice boxes), or when an ingredient like salad dressing is packaged with single-use plastic. All meals provided as a social service to vulnerable populations are exempt.
 
For online orders, dining establishments must coordinate with third-party ordering services to allow for the customer to request plastic serviceware. Compostable and biodegradable plastic are included in the definition of single-use plastic and are banned, but non-plastic material serviceware is allowed.
 
 
Short-term rental registration requirements
Ordinance No. 189557 – passed 6/12/2019; effective 7/12/2019
 
After stalled negotiations with Airbnb and low compliance rates for short-term rental permitting, the City of Portland is following the lead of the City of Santa Monica, CA, which recently had its ordinance affirmed by the Ninth Circuit U.S. Court of Appeals. This ordinance states that home sharing platforms must either reach a pass-through registration data-sharing agreement with the City, or they can choose hosts from a registry of City-approved and permitted rental locations.
 
No transaction can be completed and no fees can be collected by the home sharing platform unless the short-term rental is on the City registry, or if the home sharing platform has come to an agreement with the City on pass-through registration data-sharing.
 
Home sharing platforms will be charged $1,000 per illegal booking transaction per day.

Pacific Power has announced a new policy of proactively shutting down power if conditions warrant it, in an effort to prevent wildfires. "Public Safety Power Shutoffs may occur with little warning and last for several days. It is currently unknown when these outages may occur; our only indication from Pacific Power is that they will occur during instances of significant wildfire danger (hot, dry, and windy days)," as stated by Hood River County Health Department in a memo to all Licensed Facilities in Hood River County.

The areas affected include Josephine County in southern Oregon (Roseburg, Medford, Grants Pass) and Hood River.  

In Hood River County, health officials announced that food establishments may not operate during prolonged power outages. Within 4 hours of losing power, all food establishments shall cease operating and serving food to the public. Even if a food establishment has a generator, without formal written approval from the County Health office (in advance), no food establishment may operate during a prolonged power outage. Actions may be taken to protect inventories; however, any food exposed to temperature abuse shall be discarded.

Pacific Power has stated:

1. They will alert account holders 3-7 days out when possible
2. They will alert account holders 48 hours in advance, then 24 hours, then 2 hours and then one hour in advance whenever possible
3. Conditions will have to be sustained and will include:

• The presence of dry vegetation and other potential wildfire fuel
• High winds
• Low humidity
• Real time observation from on-the-ground experts
• They will use email, phone and text to alert account holders

If you have questions, please contact Hood River County Health Department directly:

• Ian Stromquist, REHS: 541-387-7130; ian.stromquist@co.hood-river.or.us
• Mike Matthews, REHS: 541-387-7129; mike.matthews@co.hood-river.or.us
• Yolanda Mora: 541-387-6885; yolanda.mora@co.hood-river.or.us

For more information, download the memo from Hood River County Health Department.

The Oregon Restaurant & Lodging Association (ORLA) has hired Nicole Peterson as its new Government Affairs Coordinator. Peterson will be the new steward of the Portland Kitchen Cabinet and its steering committee, focusing on grassroots engagement with restaurateurs and supporting their community building efforts.

“We are excited to have Nicole join our team at ORLA to add crucial capacity for our ongoing work in the Portland restaurant marketplace. Business models and paths to sustainability are changing rapidly and there are many opportunities to bring the strengths of restaurants to more Portland community conversations,” said Jason Brandt, President & CEO.

Nicole previously worked as a Research Assistant for a state and local government affairs team in Illinois and worked on a variety of issues from happy hours to baseball stadium renovations. Since moving to Oregon, she has worked in local government, giving her a broader understanding of the issues from the governing body perspective. She received her bachelor’s degree in Social Policy from Northwestern University.

In her new role with the Portland Kitchen Cabinet, Nicole relishes the opportunity to help Portland restaurants and the broader community gather, collaborate, and flourish by providing more opportunities for community engagement and advocacy for the industry. This group of informed, active and motivated hospitality community members serve as industry ambassadors with policymakers, opinion leaders, community leaders and partner organizations. With more than 100 members, the Portland Kitchen Cabinet is a proud partner of the Oregon Restaurant & Lodging Association and the National Restaurant Association.

On June 30, the Oregon Legislature officially came to a close. The 2019 session was marked by hyper-partisanship, two walkouts by Senate Republicans and dozens of new laws affecting the hospitality industry. Several key bills will affect how restaurants and lodging properties conduct business in the near future. Watch for ORLA's full recap of the session coming soon to the Advocacy page.

Here are a few quick updates:

HB 2005 – Paid Family and Medical Leave

• Hard cap of 12 weeks paid leave + 4 weeks unpaid (if OFLA eligible) with 2 additional weeks for complicated medical pregnancy 
• Must be employed for 90-days before job protections kick in 
• 1% Premium split 60% worker and 40% employer 
• Employers with less than 25 employees don’t pay the “employer premium” (40% of 1% of payroll)
• Statewide preemption on all paid family and medical leave related issues.

Effective date is September 28, 2019 with rule making being completed by September 1, 2021 and contributions beginning January 1, 2022.  Employees may begin using the benefit January 1, 2023.

SB 90 – Plastic Straws on request
Plastic straws in restaurants are now only available “on request” unless a customer is using the drive through and then employees may ask the customer if they would like a straw. Effective as of June 13, 2019. 

HB 2509 – Plastic Bag Ban
Single use disposable plastic bags are banned from restaurants and grocery stores.  Retailers may charge for paper bags. Effective date is January 1, 2020. Read HB 2509 Enrolled.

HB 3137 – Collection of local lodging taxes by Oregon Department of Revenue
Provides that transient lodging tax becomes due when occupancy of transient lodging with respect to which tax is imposed ends. This bill will help eliminate the issue of properties collecting and remitting the lodging tax to the state and then if a customer cancels, having to go back and recover the lodging tax paid in order to refund the customer the tax. Effective date January 1, 2020.

SB 248 – Increase in certain fees charged by OLCC
Fees for OLCC licenses will double effective July 1, 2019. Negotiated separately from this bill is the option to renew an OLCC alcohol license every two years instead of annually. 

Discussions on Cannabis Tourism and Licensing Fee Increase

On a quarterly basis, ORLA has the opportunity to participate in meetings with the Oregon Liquor Control Commission (OLCC) to address issues impacting our industry. As members often have questions relating to licensing and other liquor or marijuana issues, ORLA appreciates the open lines of communications with the agency and the Commissioners.

Cannabis Tourism
At a recent OLCC Commissioners meeting, ORLA presented on cannabis tourism and the challenges our industry faces with OLCC licensees not being able to host cannabis events on site without giving up their OLCC license. Executive Director Steve Marks clarified that OLCC licensees are not able to hold cannabis-related events as the agency has defined a licensee’s entire property as being part of the license.

ORLA asked for consideration and discussion around the issue as cannabis-related tourism is a growing segment of the industry. Commissioner Matt Maletis reinforced the opportunities available to cannabis-related tourism and expressed his appreciation for ORLA addressing the issue.

License Fees
At the request of Governor Kate Brown for the Oregon Liquor Control Commission (OLCC), SB 248 was introduced which would increase all licensing fees including those for breweries, wineries, distilleries and retailers. The increase is needed to upgrade technology and software for the agency to help increase efficiency and productivity. ORLA has been in discussions with the OLCC about the increase and received assurances from the agency that as part of the increased fees, OLCC would make a change in administrative rules to allow for two-year licenses.  

The two-year license is something ORLA has heard members are interested in to help them save time and money by only having to apply for renewals every two years instead of annually.  
​
There would be exceptions to the two-year license offering which may include first-time applicants and applicants who have had a violation in the last 12 months. Details are still being worked on at this time and ORLA will share updates with members as they come.   
If you have questions relating to OLCC licensing or other issues, feel free to reach out to me at Astley@OregonRLA.org. | Greg Astley

​[Update May 7, 2019] 
Menu Labeling Compliance Guideline​

Today marks the first anniversary of menu labeling compliance and begins official enforcement of the law. Restaurants with 20 or more locations operating under the same name, should currently be complying with menu labeling regulations. However, during the past year, the Food and Drug Administration (FDA) focused on education and worked with establishments to help them comply with the menu labeling regulations.

The National Restaurant Association developed resources to help members understand the regulations and comply; download the Menu Labeling Compliance Guide. 


[Posted May 7, 2018]
Menu Labeling Regulations Effective 

The final rules for menu labeling apply to restaurants and similar retail food establishments if they are part of a chain of 20 or more locations, doing business under the same name, offering for sale substantially the same menu items and offering for sale restaurant-type foods. Read the latest update on guidance for the rule: FDA Finalizes Guidance to Help Food Establishments Meet Menu Labeling Requirements.

The FDA has stated their intention to educate restaurants and foodservice establishments during this first year of implementation without issuing penalties. 

In May 2017, based on comments received, FDA is extending the compliance date for menu labeling requirements from May 5, 2017 to May 7, 2018. This extension allowed for further consideration of what opportunities there may be to reduce costs and enhance the flexibility of these requirements beyond those reflected in the final rule. For more information see, the Federal Register Notice Announcing the May 7, 2018 Compliance Date. 

See also National Restaurant Association's issue paper on Menu Labeling.

NOTE: This position statement was drafted by local restaurateurs and foodservice operations doing business in Hood River County and as a result reflects the official position of our statewide association on their behalf.

Hood River County needs a solution to their budget shortfall, but this is an ill-conceived way to do it. There is still a three-year runway to find a financial solution and this measure is fundamentally flawed. Measure 14-66 is bad for Hood River County for the following reasons:

Bad for Businesses
- Entire tax burden carried by just one business segment – this is not a fair tax.
- Restaurants are seasonal and already struggle in the winter.
- Already hit by massive cost increases from higher minimum wages and unequal share of business property taxes.
- Restaurant sales taxes are shown to shift demand to large corporate chains and grocery stores, hurting local restaurants and farms.
- Tax is complex and hard for small restaurants to implement and comply with.

Bad for Workers
- Will reduce overall income and overall employment opportunities.
- Will reduce tip income as customers will tip less to offset additional tax cost.
- Restaurant employees already struggle with affordable housing and this will compound that, especially in winter months.

Bad for Residents
- Residents will shoulder most of the tax burden as they eat in restaurants all year long. Tourism is only a factor for a few months of the year.
- Residents want to support and access local farmers and locally sourced food. This tax creates a headwind for that.
- Restaurant sales plummet during economic downturns, making this an unstable source of income for the county.

Let’s ask Hood River County to bring a fair and sustainable option for raising these funds.

NoSalesTaxOnMeals

Business Association Letter to the Revenue Committees

​The Oregon Restaurant & Lodging Association is one of 22 business associations who signed the following letter submitted to the revenue committees on March 21, 2019.

As representatives of Oregon’s leading private-sector employers, we recognize that the Legislature intends to pass significant new taxes this year, most of which will fall on Oregon’s businesses, small and large.

As we consider tax proposals, our organizations will be guided by the following principles:

1. Gross receipt taxes are bad for consumers. The pyramiding characteristics of a GRT distort the true tax rate, unfairly impacting some products and industries more than others. With a GRT, many products can be taxed multiple times before they reach the final consumer, resulting in higher prices that will be borne by allOregonians on such critical items as food.
2. Short-term and long-term stable funding for schools is critical, but cost control must be part of the plan. We support targeted investments to improve education outcomes, but new revenue is only part of the equation. Tax increases must be accompanied by cost control, starting with PERS, which has been draining money away from classrooms for years. Schools will not be helped unless the ever-increasing PERS burden is addressed. Before raising taxes on any Oregonians, the Legislature must act to control costs.
3. Tax reform requires a comprehensive review for business and employees. We will participate in conversations about tax reform that take a broad view of Oregon’s tax system rather than focusing singularly on one new tax concept. And we ask for recognition that any major tax reform will require a years-long transition, with thoughtful planning and execution for all parties.
4. New taxes should be fairly assessed. We will consider tax options that are broad based, recognize the needs of low-margin businesses and maintain a level playing field when it comes to competitive relationships.
5. Reforms should have a positive effect on Oregon’s economy. We will insist that the impact to Oregon’s economy, and particularly the ability of private-sector businesses to grow and retain jobs, be considered carefully, not only in terms of a new tax proposal, but also in light of the cumulative costs of all of the legislation expected to be passed in 2019. As the state economists warn of an economic slowdown in 2020, the potentially negative impact of major tax increases must be weighed.
6. We will oppose a gross receipts tax. As representatives of the business community, we are making a good-faith effort to understand the tax proposals on the table during this legislative session, so that we can participate in conversations effectively and ensure the impact to Oregon’s employers are understood. We request that the Legislature keep our principles in mind as they develop a revenue package and that they include us, as representatives of the private-sector employer community, in those discussions.

The Oregon Legislature is considering HB 3023 which will create statewide standards for rideshare companies, drivers, and vehicles in Oregon. ORLA supports this bill as it sets standards for driver background checks, vehicle safety, and insurance - important factors in providing affordable and safe transportation options.

• Read ORLA's letter to the House Committee on Business and Labor and House Leadership.
  
  

This is just one of hundreds of bills ORLA is engaged and/or monitoring. You can track our progress on priority bills throughout the legislative session on ORLA's website at OregonRLA.org/billtracking.

Oregon’s lodging tax investments could be drastically reduced if Senate Bill 595 passes.

If successful, SB 595 would eradicate the critical lodging tax reforms of 2003 by taking 30% of our industry’s 70% of any new or increased lodging tax implemented since July 2, 2003, and allowing local governments to redirect those funds for “affordable workforce housing” projects. The result would allow only 40% of new or increased local lodging taxes to be protected for tourism promotion and tourism-related facilities.

ORLA was at the table in November supporting Measure 102, giving communities across Oregon greater flexibility to create the workforce housing they need. ORLA continues to be willing and ready to engage in productive conversations about alternative solutions that can benefit communities and foster economic development without targeting one industry.

The Senate Committee on Housing held a public hearing for SB 595 on February 18. We need lodging industry members to take action now!

Email members of the Senate Committee on Housing and tell them how important the 70% protections are to growing Oregon’s tourism economy. Urge them to consider alternatives to workforce housing initiatives. 

• Senator Shemia Fagan, Chair: sen.shemiafagan@oregonlegislature.gov
• Senator Dallas Heard, Vice-Chair: sen.dallasheard@oregonlegislature.gov
• Senator Jeff Golden, Member: sen.jeffgolden@oregonlegislature.gov
• Senator Tim Knopp, Member: sen.timknopp@oregonlegislature.gov
• Senator Laurie Monnes Anderson, Member: sen.lauriemonnesanderson@oregonlegislature.gov

Read more about the bills ORLA is engaged and/or tracking this session at OregonRLA.org/billtracking.

If you have any questions on this bill, please reach out to me via email at JBrandt@OregonRLA.org or call me directly at 503.302.5060.

​Protecting Our Industry

• Protecting Dedicated Local Lodging Tax Funds for Tourism Promotion and Facilities
  Since lodging tax reforms in 2003, Oregon has seen the power of tourism and its positive economic impact for the people of our state. Tourism continues to produce results for us as an export economy. According to a report by Longwoods International, every dollar we invest outside of Oregon in tourism promotion results in $237 in visitor spending and $11 in local and state tax revenue. Our achievements in tourism must be nurtured and continued strategic promotions will be necessary to encourage domestic and international travelers to choose our great state for their next professional or personal experience.

• ​The Details Behind Paid Family Leave
  The number one labor policy priority for Democrats in control of the Legislature will be passing paid family leave legislation in Oregon which already exists in both California and Washington. Paid family leave will require a great deal of attention to detail as Oregon’s structure for creating a viable system will differ from that of our neighbors. ORLA believes in the concept of paid family leave and would like to work with legislative leadership to find a way to set up an employee paid system providing financial security for both planned and unexpected immediate family circumstances which require time away from work.

• Statewide Approach to Single-Use Disposables
  ORLA is a staunch proponent of laws which treat all Oregonians equally. We commonly refer to this work as establishing preemptions in an effort to create consistency in business. The City of Portland has passed an ordinance for on-demand plastic straws and single-use plastics (SUDs) like utensils for to-go orders. For Portlanders and ORLA members in the marketplace, this is good news compared to outright bans on these products. Given interest amongst legislators, ORLA will discuss options for creating a permanent model for plastic use at the statewide level to avoid the inconsistent policies that will otherwise pass at local levels of government across the state. 

• Protecting Oregonians from “Home Commercial Kitchens”
  A new law passed in California allows for the limited sale of food products to the public using home kitchens. ORLA will fight against these pursuits as a matter of health and safety for the general public. Stringent health and safety regulations are in place for a reason and maintaining these commitments for all food sales to the public will be a top priority.

• Short-Term Rental Safety and Code Compliance
  ORLA continues the important work of reining in illegal hotels which continue to host guests without complying with safety regulations applying to the rest of the hospitality industry. Online Travel Agencies (or OTAs) should require all hosts on their website to prove safety compliance with the designated local jurisdiction and also prove appropriate home insurance coverage for accommodating out of town guests in exchange for money.
  
  > Read ORLA's position statement on Reining-In "Illegal Hotels"

• Opposing a .05 Blood Alcohol Content Threshold
  The 2019 Oregon Legislature is contemplating the creation of a stricter standard for automatic “driving under the influence of intoxicants” (DUII) citations by lowering the current automatic citation standard of .08 blood alcohol content (BAC) to .05. ORLA opposes such a proposal for reasons including: The biggest growth in impaired drivers by far is marijuana users; the .05 proposal does nothing to make Oregon's streets safer; Traffic safety statistics do not support the NTSB’s .05 BAC argument. The current system is working. The National Highway Traffic Safety Administration is successfully implementing several strategies and programs aimed at decreasing drunk-driving fatalities on our nation’s roadways by 51 percent since 1982. In addition, drunk-driving fatalities involving persons under 21 have decreased 80 percent.
  ​
  > Read ORLA's position statement on the BAC Threshold

During this session ORLA will be tracking several bills and engaging on those particularly to the hospitality industry. Members are encouraged to stay informed and engaged on the issues by subscribing to ORLA communications. If you have any questions, contact Greg Astley, Director of Government Affairs, at Astley@OregonRLA.org.

Update May 29, 2019 - Portland City Council adopted amendments to the original policy on single-use plastics. The new effective date for the ordinance is October 1, 2019 (it was originally July 1, 2019) and several exemptions to the original ordinance were approved:

• Cafeterias and retail establishments designed for counter service may allow customers to access a self-service station for plastic utensils—but not single-use plastic straws or condiments.
• Plastic straws are allowed when they are included by the manufacturer as part of packaging and are attached before being offered for retail sale. (For example, juice boxes.)
• Single-use plastic containers are allowed in cases where the container holds an ingredient and is included as part of the larger item. (For example, a container of salad dressing included within a larger salad container.)
• Single-use plastics are allowed with meals provided without charge, or subsidized, as a part of a social service.  (For example, shelters, summer lunch programs through Parks and Recreation, etc.)

The definitions were edited to clarify that “compostable” and “biodegradable” plastics are not exempt from the by-request-only policy.

Find more details about the policy on the City of Portland FAQ page.

Dec. 5, 2018 - Portland City Council passed a new ordinance to reduce the automatic distribution of single-use plastics in Portland. The City of Portland Bureau of Planning and Sustainability (BPS) worked with the Mayor’s office to research the policies of other cities, conduct a series of workgroup meetings, analyze community feedback and land on a policy recommendation.

The ordinance will include restrictions on plastic service ware (defined as straws, stirrers, utensils and condiment packaging) for the following situations, when applicable to the food and beverage order:

• By request policy: In dine-in situations, plastic service ware will be only available by request of the customer.
• Ask first policy: In fast food, take-out and delivery situations, plastic service ware will only be provided after the customer has been asked and confirms they want the plastic service ware.

The workgroup consisted of a representative from ORLA, restaurant owners, wholesalers, a medical facility, American Disability Act (ADA) straw users, and environmental advocates. “The Portland restaurant community appreciates the City keeping the ordinance “by-request,” respecting the need for single-use plastics for our customers, especially those in the disabled community. Portland restaurants recognize the need to reduce plastics in the waste stream balanced with the needs of our guests,” noted Greg Astley, ORLA's Director of Government Affairs.

Notification and outreach to businesses will begin in January 2019, and the ordinance will go into effect on July 1, 2019.

Nov. 30, 2018 - Three ORLA members recently served on a workgroup convened by Mayor Ted Wheeler to craft policy related to Single-Use Disposable Plastics (SUD’s) in the City of Portland. The workgroup also included members of the Surfrider Foundation, environmentalists, community members, members of the disabled community and city staff.  

The Mayor tasked the workgroup with creating an ordinance around plastic straws but encouraged the group to look beyond just straws as well. Concerns about liability, lack of access to medically necessary plastic straws, and proceeding cautiously led to an “on request” policy for plastic straws for dine-in restaurants. For delivery and take-out orders, employees will need to ask if patrons need utensils or condiment packets before placing any in the take-out carrier or bag.

Specifically, all retail food and beverage establishments and institutional cafeterias, where beverages may be consumed at dine-in areas, shall provide plastic straws and stirrers only after customer request as of July 1, 2019. 
 
Further, as of July 1, 2019, all retail food and beverage establishments and institutional cafeterias, where customers may order take-out and delivery, shall provide plastic utensils and condiment packaging only after asking if the customer needs plastic utensils and condiment packaging and the customer responds affirmatively. This requirement applies to face to face, phone and electronic orders.
 
Plastic service ware is defined as single-use plastic straws, stirrers, utensils and condiment packaging. Condiment packaging is defined as plastic packaging used to deliver single-serving condiments to customers. This includes but is not limited to single-serving plastic packaging for ketchup, mustard, relish, mayonnaise, hot sauce, coffee creamer, salad dressing, jelly and jam and soy sauce.

For more information:

• Report to Portland City Council, 11.14.18
• Portland Ordinance

​ORLA Advocacy: Promoting and Advocating for Tourism Investment Plans

[updated 12.9.19] ORLA continues to help protect lodging tax revenues by opposing legislative bills that would have allowed cities to use these revenues for purposes other than intended. Read the latest here:

• ORLA Board Votes to Support Governor’s Tourism Bill, Dec. 9, 2019
• Oregon Lodging Tax Defined (video), Nov. 13, 2019

Background
HB 2267, from Oregon’s 2003 Legislative Session, was designed to raise revenue for the promotion of tourism in Oregon. First, the bill instituted a 1 percent statewide lodging tax on all lodging properties in Oregon. This money was dedicated to the promotion of tourism through Travel Oregon, acting as Oregon’s tourism department. Second, the bill required any local governments with a lodging tax in place to determine what percentage was currently being used for tourism promotion and maintain at least that level in the future. The percentage is not allowed to decrease. The bill also required any local government that institutes a local lodging tax in the future to use at least 70 percent of the new revenue for tourism promotion. No more than 30 percent of the new revenue can be used for general funds or other non-tourism functions.

The Oregon Restaurant & Lodging Association has worked with Local governments to clarify collection laws around Online Travel Companies. This should bring in millions of dollars more annually for tourism promotion.

ORLA is also involved in efforts to attract events to Oregon that bring visitors and promote the state. Some examples in recent history were helping to pass legislation that added money to improve college athletic programs and allowing for NCAA March Madness games to be played in Oregon, and protecting tax credit programs that bring film and video production to Oregon.

Issue
ORLA must ensure that these state statutes remain in place. Any lodging taxes, state or local, need to bring travelers and businesses to Oregon. All retail businesses profit from increased travel; additionally, local government must be encouraged to keep promotional dollars directed to these efforts. Finally, there are always opportunities to attract more events like feature films, major sporting events, concert venues, and wine tours that benefit the industry as a whole. ORLA will work to enhance these efforts, which bring people to Oregon and encourage Oregonians to travel more in and around the state.

Position 
Oregon Restaurant & Lodging Association supports current laws that protect lodging tax dollars going to tourism promotion and tax credits that encourage film and video attraction to Oregon. ORLA believes in protecting the dedicated tourism funds to ensure they continue to be allocated to tourism promotion at the state and local levels. This effort will benefit all retail businesses and local economies throughout our state.

ORLA Informs ​Portland City Council of Efforts the Industry is Already Making to Reduce Plastics Use

In July, a work group was formed to discuss policy options to reduce single-use plastics. The work group consisted of restaurants, wholesalers, a medical facility, American Disability Act (ADA) straw users, environmental advocates and ORLA. Among the policy recommendations that came out of the group was a single-use plastic by request policy that would affect all retail food and drink businesses. 

ORLA has been actively engaged in these work groups for several months and earlier today Greg Astley, ORLA Director of Government Affairs, attended the Portland City Council Meeting where a "by-request" plastics ordinance was being voted on. The following is testimony submitted on behalf of ORLA:

"​Thank you for the opportunity to speak today and for the invitation for our members, restaurant owners and operators, to be a part of the workgroup and the discussion leading to today’s proposed ordinance. We appreciate being involved in the conversation from the start to help shape policy that works for everyone.

As consumers become more aware of the issues of single-use disposables in the waste stream, plastic waste reduction and the restrictions on recycling, restaurants and their suppliers have responded to the requests to reduce use of these items.  

In just the last year, two major vendors to restaurants and food service establishments report significant reductions in the ordering of plastic straws. In one case, more than a third fewer straws are being ordered by food service establishments and local restaurants.

Some of our members in Portland are already voluntarily reducing usage with their own by-request straw policies, replacement of plastic straws with alternatives and by asking customers who are getting take-out whether they need plastic utensils.

Hotels and bars are also voluntarily reducing their plastic straw usage. Many of them are already promoting the fact they are a “by-request” restaurant or bar with signage and materials on tables.

Having the option to offer plastic straws to our customers who may be disabled or impaired in some way and whose safety may be at risk with metal or wooden straws is important to us too. We’ve heard from members of the disabled community who need plastic straws as an option for their own well-being and we want to be able to accommodate them.  

Portland’s restaurants, hotels and bars are cornerstones in our community. They give generously to worthy causes, feed the hungry and provide a place where people can meet and break bread together. The people who own, manage and run them are Portlanders too and they care about the environment and are sensitive to customers’ requests and feelings. With so many other challenges facing the people running restaurants, hotels and bars, we appreciate the Council’s consideration and approval of a by-request ordinance coupled with education and outreach to our customers."

ORLA Engaged in Local and Statewide Measures and Races

A week after the election, there are still some races across the nation undecided or in the middle of a recount to determine winners. Here in Oregon though, the ballots are counted, and the results are definitive.

Governor Kate Brown (D) beat her opponent, State Representative and physician Knute Beuhler (R), giving her the opportunity to serve four more years in the office. With final numbers still to be reported, according to the Oregon Secretary of State’s website, the two raised and spent a record $36 million in this race.

Democrats in Oregon won big victories and now officially have a supermajority in both the House and the Senate for the first time since 2009. ORLA believes the best policy occurs when there is more parity in the two chambers which can result in more compromise between legislators. The 2019 Legislative Session could see more partisanship or less depending on how Democrats choose to leverage their position in the House, Senate, and Governor’s office.

ORLA’s upcoming legislative priorities will be discussed and approved at our combined Public Policy Committee meeting on December 11th here at the ORLA offices in Wilsonville. Members can RSVP to join us from 1:30-3:00 p.m. by emailing Glenda Hamstreet at GHamstreet@oregonrla.org.

ORLA took a position on four of the five statewide ballot measures in this election cycle. We supported Measures 102 (Affordable Housing), 103 (Keep Our Groceries Tax Free) and 104 (Requirements for Raising Taxes) with only Measure 102 passing. In addition, we were opposed to Measure 105 (Repeal State Sanctuary Law) which was defeated.  

In local ballot measures, ORLA was opposed to Portland’s Measure 26-201 (Gross Receipts Tax) which passed.  We were also opposed to a local sales tax on meals in Jacksonville which was soundly defeated 65%-35%.

In another local race, Bambuza owner Daniel Nguyen, won a seat on the Lake Oswego City Council and will begin serving January 1, 2019.

The team at ORLA very much appreciates all of our members who contributed to the ORLA Political Action Committee (ORLAPAC) and allowed us to participate in a meaningful way in these important races. Your support and contributions will be needed even more in the future as we look ahead already to the 2020 election cycle.

Update Aug. 25, 2020: ORLA commends Metro for taking action in response to these uncertain times by drafting rules to delay the business food waste requirement by one year. We have submitted comments to Metro asking that the implementation be delayed until all jurisdictions enter into Phase 3. To read our comments, click here. 

Update Sept. 21, 2018: Metro has updated draft administrative rules to guide the implementation of its business food scraps separation policy, adopted by the Metro Council on July 26. The draft administrative rules were available for public comment through Friday, Sept. 28. Read more.

Portland Area Businesses to Be Subject to Food Scrap Policy
As part of ORLA's ongoing engagement with Metro on the food scraps, ORLA President & CEO Jason Brandt and Director of Business Development Marla McColly recently testified at Metro’s public hearing against the proposed food scrap mandate. ORLA and our members have been involved in the past in the voluntary collection of food scraps and we testified to that fact and the fact that participants in the past have exceeded the goals set by Metro. (Read ORLA's comments)

We also raised concerns about the logistics of food scrap collections across the Metro area, about the implementation dates and about issues around public health and safety if food scraps are not picked up in a timely manner. In addition to ORLA there was opposition to the plan from local governments in both Sherwood and Hillsboro, citing the lack of analysis on the costs to implement the new mandate and the ability of local governments (especially in Washington County) to efficiently dispose of food waste. Despite ORLA’s efforts and those of local governments, Metro Council voted in favor of the staff recommendation for a food scrap mandate on a 7-0 vote. 

The mandate is scheduled to start on March 1, 2020 and will be implemented based on the amount of food waste generated by businesses. ORLA will continue to monitor the implementation of this program and provide information to our members. As the program is rolled out, if you experience problems or have concerns, please share those with Greg Astley, ORLA Director of Government Affairs, at Astley@oregonrla.org so we can keep Metro informed as to the effectiveness and success of their mandate.

In the news

• Mandatory scrap food recycling coming to Portland area restaurants - KGW8, 9.18.18
• Metro issues 'fine print' to regulate mandatory food scraps recycling - Portland Tribune, 9.14.18​
• Revised business food scraps rules available for public comment - Metro News, 9.5.18
• ​Starting in 2020, many businesses must keep food out of the garbage - Metro News, 7.27.18

Oregon has a strong track record of enhancing tourism and creating thousands of jobs that trigger local economic growth while making Oregon a top travel destination. That is why we are supporting Measure 104 – it will ensure tax fairness for businesses and consumers.

Join the Oregon Restaurant & Lodging Association and protect the entrepreneurial spirit that brings award-winning plates from chefs who use Oregon’s farm fresh Marionberries and hazelnuts, salmon and crab and thousands of handcrafted beers and wines.

Unfortunately, this entrepreneurial spirit is under attack.

New taxes on beer, coffee, food, and soda have become common amongst politicians in Salem, as they search for new revenue, despite record spending levels.

How are politicians gaming the system and getting around the law?
Over 20 years ago Oregon voters passed a constitutional amendment requiring a supermajority vote on all revenue-raising legislation. But now, thanks to a creative loophole found by politicians and their lawyers, politicians have changed the rules to avoid the supermajority vote designed to protect taxpayers from increased taxes on food and beverages.

This year, politicians used this trick to steal $1 billion from small businesses on a simple-majority vote, eliminating lower tax rates for hardworking, family-owned businesses throughout Oregon. That isn’t right and it needs to be stopped.

A "Yes" vote on Measure 104:

• Protects families, farmers, and small businesses.
• Will close the loophole and put an end to these legislative tricks hurting consumers and businesses.

Supporting Measure 104 will help prevent partisan gamesmanship and ensure tax fairness for Oregonians. Join us in protecting the Oregon way and the entrepreneurial spirit that makes Oregon a great place to live, visit, work and play.

The Oregon Restaurant & Lodging Association encourages a "Yes” vote on Measure 104.

Here's how you can help:

• Put up a yard sign
• Display a 4x8 field sign
• Write a Letter to the Editor
• 'Like' us on Facebook
• Share our Facebook posts
• Endorse Measure 104

For more information on volunteering for the campaign download the Volunteer Info flyer.
Contact the campaign: Yes@Yeson104.com | 503.974.8860 | www.yeson104.com
​

The Oregon Restaurant & Lodging Association (ORLA) supports Measure 103 because it protects low-income Oregonians and small businesses, including restaurants, from new taxes on the sale or distribution of food and beverages, regardless of where such items are purchased.

Measure 103 specifically defines “groceries” as “any raw or processed food or beverage intended for human consumption except alcoholic beverages, marijuana products, and tobacco products.” This broad definition includes food and beverages purchased from restaurants.

Taxes on food would have a disproportionate effect on Oregonians who can least afford it, including low-income households and seniors on fixed incomes. While many states other than Oregon have sales taxes, many exempt food and beverages from those taxes for this very reason. Measure 103 protects all Oregonians from regressive and harmful taxes imposed by state and local governments on the sale of food and beverages.

Oregon currently does not have any statewide sales tax but many local governments tax certain items. Measure 103 would ensure that if new state or local sales taxes are passed in Oregon, those taxes will not apply to the sale of food and beverages. Measure 103 protects customers and businesses from the negative affects new taxes on food and beverages would have.

A meal at a restaurant or from take-out is a regular and increasing part of many Oregonians’ busy schedules. ORLA supports Measure 103 because it will ensure that such meals remain as affordable as possible without unnecessary and burdensome taxation.

Join us in voting Yes on Measure 103.

Hospitality workers make our thriving tourism industry possible. For every dollar we invest in tourism promotion, $237 comes back to Oregon in visitor spending—in addition to $11 in local/state tax revenues for important community priorities—according to third party research by Longwoods International. However, restaurant and lodging employees from Ashland to Portland, Coos Bay to Bend, are finding it more difficult to find housing close to their place of work. 
 
Due to rising housing costs, these hard-working Oregonians are finding it more difficult to secure housing options that meet their needs. The result is long distance and congestion-filled commutes that mean less time spent with families and more money spent on transportation. Hard-working Oregonians should be able to afford to live near their job, but a lack of affordable housing options across the state is making that more difficult.
 
Across Oregon, there is an opportunity to lift the ban to public-private housing development partnerships that assist in solving the challenges we face. Support for Measure 102 will give local governments the opportunity to create comprehensive workforce housing proposals and present them for consideration to local voters. We believe communities deserve the right to vote on housing proposals that, if planned appropriately, can stimulate local economic growth while adding to the quality of life for hospitality workers and their families.
 
Measure 102 is an important, bipartisan measure that will give communities across Oregon greater flexibility to create the housing they need. By allowing local governments to partner with non-profit and private housing providers, any bond dollars they raise specifically for affordable housing will be able to go further, creating more affordable homes. This measure is a small tweak that will have a big impact in the lives of Oregonians.

​Please join us in voting Yes for Measure 102.

​Measure 105 would repeal the state law, Oregon Revised Statute 181A.820, which forbids state agencies, including law enforcement, from using state resources or personnel to detect or apprehend persons whose only violation of the law is that of federal immigration law. 

Measure 105 would allow any law enforcement agency to use agency funds, equipment, and personnel to detect and apprehend people whose only violation of the law is a violation of federal immigration law.

ORLA's position, which has been in place for several years and which the ORLA Policy Committee reconfirmed at their meeting on September 10, 2018, is that Immigration is a national issue and ORLA supports the viewpoint that reform should be addressed at the federal level, not in a piecemeal approach by individual states. 

Comprehensive immigration reform must include all aspects of immigration issues—border security, worker supply and employee verification—which means that Congress is the only political body which can actually solve the immigration problem. State and local governments only make a solution more complex by trying to pass their own laws. ORLA is opposed to random, individual pieces of immigration reform and supports Congress working together on a national level to enact comprehensive reform. 

For this reason, ORLA says No to Measure 105.  

The public is invited to join Andrea Valderrama, Carmen Rubio, Latino Network, Forward Together and PCUN to Support Oregonians United Against Profiling at an even in Portland next month:

Oregonians United Against Profiling Happy Hour
White Owl Social Club, 1305 SE 8th Ave Portland OR 97214
October 10th, 4:30-6:30 pm
RSVP and donate here