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.

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

It has long been held that federally recognized Native American tribes are considered sovereign nations that hold the right to self-government within the boundaries of their tribal lands. This includes the right to engage in economic activity on reservation lands, specifically gambling.

While tribal casinos are largely thought of as competition only to state lotteries, the truth is they enjoy a competitive advantage in comparison to other hospitality industry businesses as well. Oregon has some of the highest labor costs in the nation, and the rising costs associated with employee benefits is creating an escalating challenge for Oregon’s restaurant and lodging properties.

Local economic impact of additional casino location proposals is and will continue to be of serious concern to ORLA members. Our position since April of 2008 has been as follows: Changes to current federal and state gaming policies should not be made for the purpose of allowing off-reservation casinos, tribal or private.

For more information on ORLA’s policy relating to casinos, please contact Greg Astley.

ORLA Advocacy: Seeking Smarter Approaches 

The debate over minimum wage has been front and center in the media this past year, both nationally and in Oregon. In March of 2016, Governor Kate Brown signed into law a new 7-year minimum wage escalation plan for Oregon with the first of seven minimum wage increases effective July 1, 2016. The plan includes 3 regions with different escalation methodologies over the course of those seven years. For more information, see Oregon's Minimum Wage Escalation Plan.

Oregon is above the national average in unemployment rates, and for minor-aged workers, it’s even higher. While the rhetoric swirls on all sides of the minimum wage discussion, raising the minimum wage actually gives little buying power. Rather, it creates a reduction in available hours among lower skilled workers, and the goods and services they use increase in cost.

Research shows that raising the minimum wage hurts the least-skilled and least-experienced jobseekers the most. Read more about how raising the minimum wage hurts the least-skilled and least-experienced jobseekers the most. Additionally, watch The Real Faces of the 'Fight for $15' on YouTube.

Boosting Employment Opportunities for Younger Workers
Oregon added tens of thousands of new jobs while recovering from the Great Recession of the 21st Century, but recent job growth completely overlooked younger workers. There were actually fewer workers from the age group 14 to 21 years in 2012 than in 2010, according to a study done by the Oregon Employment Division entitled “Endangered: Youth in the Labor Force.” Yet studies have consistently shown that when teenagers enter the job market earlier in life, their earning potential increases over their lifespan.

Additional increases in the minimum wage, over and above current indexing, will create employee management concerns and potential pricing increases in the very industries that have long been training grounds for employees newly entering the workforce.

Compromise and Economic Strength is the Answer
If backers of higher minimum wages want to help those living solely on minimum wage, they should address the issue through the legislative process and work towards meaningful compromise. There are provisions in the Federal Fair Labor Standards Act, and in more than 40 states currently, that would help businesses manage their hours through the consideration of tipped employees and minor-aged workers.

Most people listed as minimum wage workers in Oregon are either tipped employees making and reporting over $20 per hour in combined income, or are minors who live with their parents and are gaining much-needed work experience.

If the legislature worked in concert with Oregon’s business community to grow the economy, all citizens would benefit. The focus needs to be on income growth and job creation through a prosperous economy; that’s how government benefits too through increased revenues and lower unemployment.

ORLA’s Policy on Minimum Wage
The Oregon Restaurant & Lodging Association (ORLA) supports efforts to remove the annual indexing, or at the least add language that considers economic factors like unemployment rates. ORLA is opposed to any increases in the minimum wage that do not take into account the factors of entry level workers or tipped employees.

For more information, see Oregon's Minimum Wage Escalation Plan.
View a map of 2018 minimum wage rates across the country. 

​June 27, 2018 - A measure strengthening Oregon’s required supermajority in order to increase state revenue appears that it is headed to the ballot in November. The measure clarifies that changes in tax rates, exemptions, or elimination of credits or deductions require at least three-fifths support in each chamber of the legislature. 

A coalition of small business groups turned in over 174,000 signatures supporting the measure by the end of June. The coalition believes that tax and fee increases should receive support from at least three-fifths of the legislature as voters intended when they passed Ballot Measure 63 in 1998.

​Do you think raising taxes on your family and homegrown Oregon companies should be as easy to approve as declaring marionberry pie the official state pie?

We didn’t think so.

The bar should be higher for the legislature to approve taking more of your hard-earned paycheck. Tax increases should always be the last option—never the first.

We have a solution. We need you to visit EndEasyTaxHikes.com/orla right now to add your name to a citizen initiative petition to prevent the legislature from using gimmicks and loopholes to raise taxes easily.

At EndEasyTaxHikes.com/orla, you can download and sign a petition—it will only take you three minutes. The website includes easy instructions to help you get signatures from your family members and colleagues as well.

With your help, ORLA and thousands of other Oregonians will place Initiative Petition 31 on the ballot this November to end easy tax hikes.

Background:

Ten years ago Oregonians smartly passed a constitutional amendment requiring any tax increase be approved by a supermajority of both the State House and State Senate. Now, since our state legislature can't get a supermajority to vote for a tax increase, they are creating and increasing "assessments" and "fees" that are really tax increases - because they only need a simple majority to implement and raise fees and assessments. We need you to visit EndEasyTaxHikes.com/ORLA and add your name to a citizen initiative petition to prevent the legislature from using gimmicks and loopholes to raise taxes easily. It's time to put a stop to this… a tax is a tax.

Oregon's Minimum Wage Continues to Rise

The 7-year minimum wage escalation plan for Oregon went into effect with the first increases on July 1, 2016. The plan includes 3 regions with different escalation methodologies over the course of those 7 years. The wage scale is as follows:

STANDARD: Includes portions of Multnomah / Clackamas / Washington Counties not within the Portland Urban Growth Boundary as well as Marion, Clatsop, Polk, Josephine, Jackson, Deschutes, Lincoln, Benton, Linn, Lane, Tillamook, Yamhill, Columbia, Hood River, and Wasco Counties.

• July 1, 2016: $9.75
• July 1, 2017: $10.25
• July 1, 2018: $10.75
• July 1, 2019: $11.25
• July 1, 2020: $12.00
• July 1, 2021: $12.75
• July 1, 2022: $13.50

PORTLAND METRO: The Portland Metro rate applies to employers located within the urban growth boundary (UGB) of the metropolitan service district. This includes portions of Multnomah / Clackamas / Washington Counties and cities including Portland, Gresham, Troutdale, Fairview, Hillsboro, Beaverton, Tigard, Tualatin, Sherwood, Forest Grove, Wilsonville, Lake Oswego, West Linn, Oregon City, Gladstone, Happy Valley, Milwaukie, and Damascus. Use Metro's Urban Growth Boundary lookup tool to determine if your address is within the UGB. 
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• July 1, 2016: $9.75
• July 1, 2017: $11.25
• July 1, 2018: $12.00
• July 1, 2019: $12.50
• July 1, 2020: $13.25
• July 1, 2021: $14.00
• July 1, 2022: $14.75

The Urban Growth Boundary is expanded through the process outlined in Title 14 of the Urban Growth Management Functional Plan. The process involves a needs assessment every 6 years, and as-needed review based on local jurisdiction input on a more frequent basis. For questions about the process of UGB expansions, contact Tim O’Brien at Metro.

NONURBAN: Includes Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, Wheeler counties.
• July 1, 2016: $9.50
• July 1, 2017: $10.00
• July 1, 2018: $10.50
• July 1, 2019: $11.00
• July 1, 2020: $11.50
• July 1, 2021: $12.00
• July 1, 2022: $12.50

ORLA will continue to educate Oregon’s lawmakers on the value of tip credit as a solution to bring stability to the industry and solve wage inequality issues. 

Deschutes County Circuit Court Case No. 17CV41968

On September 26, 2017, the Oregon Restaurant and Lodging Association, BHG Bend, LLC, and Wall Street Suites, LLC (together, the “Plaintiffs”) filed suit against the City of Bend alleging that the City’s recently enacted Ordinance NS-2291 violated ORS 320.350(3) by impermissibly lowering the amount of room tax revenue expended to fund tourism promotion.  Through their Complaint, the Plaintiffs sought (1) a declaration from the Court that NS-2291 violated ORS 320.350(3), and (2) an injunction preventing the City from enforcing NS-2291 and ordering the City to expend room tax revenue in accordance with ORS 320.350(3).

The City answered, denying that NS-2291 violated ORS 320.350(3).  The City’s sole affirmative defense was that the Plaintiffs each lacked standing to challenge the validity of NS-2291.   After limited discovery was concluded, Plaintiffs and Defendants filed cross-motions for summary judgment.  On May 8, 2018, the parties’ motions were heard by the Hon. Judge Beth Bagley.  Plaintiffs were represented by Josh Newton.  The City was represented by Ian Leitheiser.

On May 23, 2018, Judge Bagley read the Court’s decision from the bench.  The Court found that each of the Plaintiffs had standing to challenge NS-2291.  The Court then found that by enacting NS-2291, the City violated ORS 320.350(3) by lowering the room tax revenue expended on tourism promotion below the rate agreed upon by the City prior to the enactment of ORS 320.350(3).  Karnopp Petersen is in the process of preparing an order and judgment to be entered in the action.

Once the final judgment is entered, the City may appeal the Court’s decision.  The City will have 30 days from the date the final judgment is entered to file its Notice of Appeal. 

ORLA thanks the firm Karnopp Petersen LLP for their excellent representation in this case.

Related News:

• Statewide Hospitality Association Files Suit to Defend Tourism Investments

Update: Portland Mayor Ted Wheeler’s office recently announced a plan to increase the Portland business tax from 2.2% to 2.6% to pay for an additional 58 officers in the police budget. That number was reduced to 49 new officers, however the City Council agreed to hire 55 officers by the 2019-20 budget year. The tax was something of a surprise to us but does not in any way diminish our commitment to increasing the number of police officers in Portland.

The Portland Business Alliance (PBA) is supporting the increase on business taxes and agreed to step up on this tax increase in order to help address Portland’s top issue of homelessness, which impacts businesses and livability throughout the city. The additional revenue will be targeted toward measurable outcomes. 

Like the Portland Business Alliance, ORLA is supportive of the focused efforts on homelessness, providing community-based policing and targeting measurable outcomes. Visitors to and residents of Portland should feel safe to walk the streets, day or night, and should believe Portland to be a place welcoming their presence and patronage. 

​Support for Portland Policy Bureau's Budget Request
As the City of Portland continues to be a preferred destination for many visitors regionally, nationally and internationally, it’s important they feel safe while staying in our hotels, eating at our restaurants and enjoying all we have to offer in the hospitality industry.

With the 2018-2019 budget season well underway, the Mayor’s Office is encouraging constituents with public safety concerns to give testimony in support of Portland Police Bureau’s budget request for additional officers. 
 
The Portland Police Bureau is struggling to fulfill its mission to serve and protect due to a lack of funding and resources. As both the population of Portland and the number of visitors grows, they are being asked to do more with less. There are the fewer officers in the bureau than there were a decade ago, despite a 10 percent increase in Portland’s population. Consequently, the bureau continues to face challenges in patrol staffing, which has led to declining response times. In the last five years, total 911 call volume has increased by over 22%. These calls include a 97% increase in stolen vehicle calls, 64% increase in unwanted persons calls and a 32% increase in disorder calls.

Mayor Wheeler is proposing adding 93 additional sworn positions and 9 additional non-sworn positions at a cost of $12.3 million and a one-time funding request of $8.8 million which includes $2.6 million for technology replacement and $3.8 million for facilities enhancements. ​This budget request would increase the number of officer positions by approximately 10 percent--on par with Portland’s growth.

Key Points to the Proposal
The Police Bureau's budget requests for additional ongoing resources will advance the bureau’s mission and goals to provide 21st Century Policing services, to support organizational excellence and inclusion, and to rebuild their units to deliver community policing. Priorities include: 

• 21.0 FTE sworn positions to enhance the bureau’s ability to create walking beats and other dedicated, community-based units to address neighborhood problems and livability issues for an ongoing cost of $2.5 million and a one-time cost of $0.8 million. Investment in these functions will address issues such as derelict recreational vehicles (RVs), business owner complaints, and zombie homes before they become a call for service. 
• Re-establish ongoing funding of $1.5 million for the Service Coordination Team to provide supportive housing, drug and alcohol treatment services, and employment readiness support for mostly houseless persons. Ongoing resources were eliminated from this program late in the budget process last fiscal year. This request ensures continuation of the program servicing homeless persons with addictions and criminal history.
• 2.0 FTE sworn positions, 1.0 FTE nonsworn professional position, and contracted services for two clinicians to expand the Behavioral Health Unit (BHU) to serve more individuals in behavioral crisis resulting from known or suspected mental illness and or drug and alcohol addiction for an ongoing cost of $0.5 million and a one-time cost of $82,000.
• 64.0 FTE sworn positions to provide for a consistent rotation of Police Officer trainees who are ready to become fully-deployable officers at a rate that matches the bureau’s average attrition rate.
• 6.0 FTE sworn positions and 2.0 FTE nonsworn professional positions to enhance and support the bureau’s Emergency Management Unit (EMU) to address service delivery to emergency events including natural disasters, demonstrations and permitted events for an ongoing cost of $1.0 million ongoing and a one-time cost of $0.3 million.
  
  

​View the full Portland Police Bureau Budget Request Memo to see additional budget priorities.
Read more on ORLA's engagement in Portland's homeless issues.

​Share Your Testimony
We want to show the Mayor we support his priorities to increase public safety and police accountability to enhance livability. Submit your testimony online or attend a public hearing. If you send an email, please Cc: Astley@OregonRLA.org on your message to the City Budget Office so we can share our industry's collective feedback. 

​Metro, the agency that manages systems for handling and transporting solid waste, wants to transform how the Portland area handles food waste in an effort to convert our food scraps into renewable energy instead of burying them in a landfill.

• Update: July 19, 2018 Metro Council will consider a proposed ordinance that would require the collection of food scraps from certain types of foodservice businesses in the city of Portland. ORLA had the opportunity to review the updates to the proposed code and draft administrative rules relating to food scraps. While we continue to support the merits of a food waste collection program, we believe any mandate on 'all food-related businesses' will bring with it tremendous responsibility and unforeseen challenges (read ORLA’s comments).
• If the proposed code language is adopted, the largest food service businesses will be required to separate their food scraps from other garbage starting in 2020, and smaller food service businesses will be phased into the policy over the following three years.

In 2016, the Metro Council directed staff to investigate ways to do that. In fall 2017, Metro sought public comment on an initial policy proposal to keep more food scraps from restaurants, grocery stores, and other food service businesses out of landfills and put to better use creating energy, compost or other valuable products. The regional government is in the process of seeking a private company to build a plant that breaks down food waste and turns it into biogas, electricity, or compost.

ORLA is engaged in these discussions, anticipating that many restaurant owners will oppose the new mandates that would produce operational challenges.

Metro has developed a guide for businesses to reduce food waste, focusing on prevention, donation, and composting strategies. Learn more about Metro's campaign at FoodWasteStopsWithMe.org.

Read more on Metro's website
Read more in the Portland Tribune