FREQUENTLY ASKED QUESTIONS

ORLA serves as your resource for information, training, and intelligence related to running your restaurant or lodging operation. The following are some of the frequently asked questions we receive from members covering operations, compliance, taxes, membership and more. If you have a specific question not addressed here, please use our Contact Us form.

Training Questions (food handler & alcohol server courses): please contact [email protected].

​TIPS & TIP POOLING

Q. As an owner, can I participate in a tip pool if my primary role that day is serving food?
A. Restaurant owners are not permitted to participate in tips. We recommend you seek legal counsel for questions regarding tip pooling.​

​Q: Can a salaried employee participate in tip pooling if they do not have managerial or supervisory duties?
A: If the salaried employee is in no way a manager, owner, or supervisor—and as long as the company is not taking a tip credit (which Oregon does not have)—the employee could participate in the tip pool. However, by virtue of being salaried, the employee may be subject to increased scrutiny to make sure they are indeed not a manager, owner, or supervisor.

Q. Can employers charge employees a fee for tips paid by credit card?
A. It is legal for the restaurant to pay the employee the amount of the tip less the same percentage of the credit card processing fee on that sale. It is not legal for the restaurant to take the full amount of the processing fee for the entire order out of the tip income. ​

​Q. What’s the difference between tips and service charges? 
A. Tips are discretionary (optional or extra) payments determined by a customer that employees receive from customers. Tips include: a) Cash tips received directly from customers, b) Tips from customers who leave a tip through electronic settlement or payment, c) The value of any non-cash tips, such as tickets, or other items of value, d) Tip amounts received from other employees paid out through tip pools or tip splitting, or other formal or informal tip sharing arrangement, e) Certain factors are used to determine whether payments constitute tips or service charges: 1) The payment must be made free from compulsion; 2) The customer must have the unrestricted right to determine the amount; 3) The payment should not be the subject of negotiations or dictated by employer policy; and generally, the customer has the right to determine who receives the payment. 
​

GENERAL TOPICS

Q. Where can I file a complaint about a restaurant or hotel?
A. We suggest you first contact the manager of the establishment. If there is any concern of safety or sanitation, contact the appropriate regulatory agency, i.e., Oregon Health Authority. ORLA is a trade organization and not a regulatory agency, so we do not register complaints regarding businesses.

Q. Will the association publish articles or press releases I submit?
A. ORLA will give consideration to articles and news relevant and valuable to the industry. Please review our submission guidelines.

​Q. Where can we post a job opening?
A. ORLA does not offer a job posting site, however, there are a number of job posting sites including Snagajob and PoachedJobs.com. 
​
Q. Where can I get a list of restaurants in Oregon?
A. ORLA members can request our database of restaurants in Oregon, including custom parameters based on location, category, and size of operation. Note, ORLA does not share email addresses.

TRAINING COURSES & EDUCATIONAL RESOURCES

Q. How do I reprint my Food Handler Card?
A. Once you have passed the Food Handler course, you may return at any time to OregonFoodhandler.com reprint your Food Handler Card. 

Q. I’ve been locked out of the Alcohol Server Course online, how do I get back in?
A. Please contact ORLA’s training support line at 503.682.4422.

TAXES

Q. Where do I find lodging tax information and rates?
A. The Oregon Department of Revenue collects the statewide lodging tax (1%), but does not administer local lodging taxes for cities or counties.

• ​Department of Revenue: Business Taxes. 
• Oregon Travel Barometer (Travel Oregon's industry site)

Q. Are incidental guest expenses such as pet fees and crib fees to be included in calculating state lodging taxes?
A. If a separate fee is charged for a service and the service is optional, that fee is not subject to the state lodging tax. Examples of optional services include, but are not limited to: pay-per-view movies, room service, use of an honor bar or restaurant meals charged to the room. If a separate fee is charged for a service and the service is not optional, or if the value of a service is included in the standard lodging rate, the amount allocated to the service is subject to the state lodging tax. Examples of fees for non-optional services include, but are not limited to: cleaning service fees, pet charges, fee for providing an extra bed, service fees and processing fees. See Oregon Lodging Tax for more info.

Q: Can we include the Commercial Activities Tax (CAT) on our customers’ bill? 
A. The legislation that established the CAT (Oregon Laws 2019, Chapters 122 and 579) does not specifically prohibit a business from passing on additional cost of the tax. If you do choose to add a new line item to the receipt, the line item itself still counts as “commercial activity” when determining your tax liability. Consult with an attorney or financial advisor before making any final decisions. ​Read more on the CAT.

Q. How do Lottery Retailer commissions impact the Commercial Activities Tax (CAT)?
A. Because you are not the recipient of the income from your lottery machines but are rather paid a commission based on those sales, the income or gross sales from the lottery machines will not count toward your CAT calculation.  The commission you receive however is considered part of your calculation for CAT purposes. Read more on the CAT.

WAGE INFORMATION / HUMAN RESOURCES 

Q. Where do I find wage and salary information for the hospitality industry?
A. ORLA members have access to a number of resources including wage reports by logging in. General salary information can also be found:

• Oregon Employment Department - wages and income data 
• Bureau of Labor Statistics - national data on wages

Q. How long do I need to retain personnel records after the employee has left?
A. As a general rule and unless a statute expressly requires they be maintained longer, it's generally recommended that all employee-related records be retained for at least three 3 years after the employee’s separation from employment. A few items should be kept longer than 3 years and include: Employment contracts and handbook acknowledgements (at least 6 years following termination); Records of on-the-job injuries or illnesses, including the details of each incident for employers with 10 or more employees (5 years after the occurrence, or 30 years if exposure to toxins involved); 401k and retirement plans, election forms, documentation regarding eligibility and vesting determinations, and records of contributions (at least 7 years).​

Q. What do I need to know about hiring minors?
A. Employers are generally subject to both state child labor laws and the federal child labor provisions of the Fair Labor Standards Act (FLSA). All employers must have a certificate to employ minors under 18 years of age. Employers can apply online, or email [email protected] to request a printed copy of the application by mail. Minors age 14-17 are not issued individual work permits in Oregon.

Q. How long do I need to keep credit card receipts from customers? 
A. You must securely retain legible copies of all sales drafts and credit drafts or any other transaction records for:

• MasterCard and Visa: A period of eighteen (18) months from the date of each transaction.  
• Discover: For the longer of 365 days or the resolution of any pending or threatened disputes, claims, disagreements or litigation involving the card transaction. you must also keep images or other copies of sale drafts for no less than three (3) years from the date of the Discover Network transaction.  
• American Express: For 24 months from the date you submitted the corresponding credit. You must also provide a copy of the credit draft to the card member or as required by applicable law, truncate the card number and do not print the card’s expiration date.

​Q. Can I require random drug testing in my business?
A. Yes but workforce random testing programs should include the entire workforce. To eliminate or excuse certain employees from the company random testing program would expose an employer to discriminatory, liability and other legal issues. An employer has the right to customize a workforce random testing program to include the entire workforce but set the frequency and total number of tests to be done annually to their desired needs and ensure the “scientific” selection process included a pool of the entire workforce.

SERVICE ANIMALS / ADA COMPLIANCE

Q. Can I refuse service to a customer with an emotional support animal (ESA) in my restaurant?
Businesses do not have the legal obligation to admit a comfort animal if there is a "no pets" policy, as under the ADA these animals are in essence "pets." However, if an ESA is excluded (ie, out of control or not trained) the business must still give the individual the opportunity to obtain goods, services, and accommodations without having the animal on the premises. Service animals are allowed to accompany people with disabilities in our restaurant and any areas open to the general public. You may ask only two questions, 1) Is the animal required because of a disability; and/or 2) What work or task has the animal been trained to perform. Read more here.

Q. How many ADA kits for hearing impaired guests are required for hotels to keep on-site?
A. That depends on the number of rooms. Check out the Northwest ADA Center website to access a number of resources for hospitality businesses, including a calculator for mobility features.

​Q. Does a portable pool lift meet ADA requirements?
A. If a portable lift was purchased after March 15, 2012, the obligation to remove barriers is an ongoing one. If it becomes readily achievable to attach the lift to the pool at a later date you must do so. Read more at ADA.gov.

Q. Can a lodging facility save a block of rooms that they do not allow pets to stay in, including service animals?
A. This specific example is not directly addressed in ADA publications, but the main point of ADA law is to ensure “equivalent service to those with disabilities.” In the case that a block of non-animal designated rooms were the only rooms left available for the night, and a patron with a service animal arrived, the hotel would not be allowed to refuse service to this individual based on the designation of allergenic rooms. Additionally, this block of rooms could not offer more or better amenities or services than those rooms provided for other guests. Businesses that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed. Read more at ADA Requirements for Service Animals.

Q. Can I charge overnight parking fees in the hotel garage for ADA / accessible spaces?
A. Yes; the language around "accessible parking" is only specific to having available a certain number of accessible parking spots and giving access to those spots, not any fees associated. So, if overnight parking is charged for all guests, that includes ADA /accessible spaces too. For more questions, contact the Northwest ADA Center.

LODGING / ACCOMMODATIONS

Q. How do state eviction and rent laws impact lodging facilities? 
A. Landlord and tenant laws only apply to renters without a “transient occupancy” in a hotel or motel, i.e., when all of the following conditions are met: 1) rent is charged per day and is not collected more than six days in advance; and 2) maid and linen service is provided at least once every two days; and 3) the person has not lived there more than 30 days. If any of those factors are not met, the individual is not in a transient occupancy. Lodgers exempt from the state lodging tax include: renters who spend 30 or more consecutive days at the same facility. 

​Q. Are commercial lodging facilities required by state law to have a phone in each guest room​?
A. In short, no. Statutes and administrative rules governing the licensing and operation of commercial lodging facilities do not require the availability of telephones. However, it is advised you check with your specific building code requirements. 

Q. What are the minimum food requirements for open hotel bars?
A. Hotel bars that have a Full On-Premises Commercial (F-COM) license are required to follow the food service requirements in OAR 845-006-0460.

Q. What is Oregon DOR's policy relating to federal employee exemptions relating to lodging taxes for Oregon lodging stays?
A. As a reminder to Oregon lodging properties, the Oregon Department of Revenue does not require federal employees traveling on official business to provide exemption certificates; government identification is all that is required to receive the exemption from transient occupancy tax. However, there are some lodging localities that do require more than a simple indication on the return to show a federal employee is exempt including Salem and Portland. For more information on state lodging tax, visit Oregon.gov/DOR/programs/businesses/Pages/lodging.aspx.

Q. What are my legal requirements in letting staff know of the weekly rate increase in the rooms they stay in?
A. The rates for the rooms should be clearly notified to the worker and set forth in the company’s policies and procedures, otherwise clearly notify in writing so there is no confusion. That notice should be saved in their records with some note indicated who was notified and when.

RESTAURANTS / FOOD & BEVERAGE

Q. Can a restaurant sell alcoholic beverages that contain CBD?
A. No. Alcoholic beverages that contain CBD is prohibited from being sold or served on a licensed premises. These products are required to obtain formula approval from the Alcohol and Tobacco Tax and Trade Bureau (TTB) and the TTB has stated it will not grant formula approval for any CBD product. Without approval, these products are not compliant and cannot be sold. 

Q. Can a restaurant sell non-alcoholic CBD drinks?
A. The answer is it depends. The CBD soda cannot contain CBD that was derived from marijuana and cannot sell a product that comes from a licensed marijuana business, even if the product comes from hemp.  If the CBD is derived from industrial hemp and has not been in the recreational marijuana system, the Oregon Department of Agriculture (ODA) regulates the production and sale of the product. The ODA has rules that require any person selling a hemp item intended for human consumption to have proof that the product was properly tested as required by their rules.  If there are specific questions about those testing requirements or the required recordkeeping, the ODA is the best place to get those questions answered. 

Q. Is there an OSHA requirement for what must be in a first aid kit for restaurants?
A. OSHA has outlined standards with a list of “minimally acceptable” first-aid supplies. The US Dept. of Labor states, "Employers are required to provide medical and first aid personnel and supplies commensurate with the hazards of the workplace. The details of a workplace medical and first aid program are dependent on the circumstances of each workplace and employer.”

​Q. Is it legal to require employees (servers) to provide a small, initial outlay of cash to be used as change, the amount of which they keep at the end of the shift (in other words, the servers never lose any money by using their own funds as change)?
A. Although there isn’t a specific prohibition of this kind of practice, the state’s wage and hour regulations do not permit certain charges/costs to be passed on to an employee. For more information, visit BOLI’s Wage and Hour Division.

LEGAL / LICENSING / MISCELLANY

​Q. Can I have an expiration date on the gift cards I sell?
A. Oregon statutes require gift cards to be issued without an expiration date, if sold at full value. There are exceptions, ie., if donated or provided at a discount that the law does not apply.

Q. We have music licenses with ASCAP and BMI. Do we also need to have one with the SESAC?
A. There are actually 4 music licensing companies, each with their own list of licensed music. The companies are ASCAP, BMI, SESAC and GMR. If you offer a variety of music options (i.e., overhead, live, karaoke,) ensure you are paying the appropriate companies for the licensing.

Q. Can I sell over-the-counter drugs at the hotel front desk?
A. Yes, however, if you sell or give away non-prescription drugs, you need to register as a non-prescription drug outlet with the Oregon State Board of Pharmacy. There may be an annual registration fee; when selling OTC medications, check with their insurance company on quantities allowed.

Q. Can we move from "wet ink" to electronic signatures?
A. In general, yes, you can have guests sign electronically or otherwise maintain electronic records. Some “original” documents with wet ink signatures should still be kept, e.g., line deeds, original organizational documents for a business; but other documents can often be maintained electronically unless there is a specific law requiring otherwise. 

Q. Where can I find info regarding state, county or city laws that address, "no shirt... no service", policies?
A. Scenarios in which refusals of service are warranted by law typically include situations where a customer’s presence would put the safety and welfare of the customer herself and/or others at risk. While state-specific health and duty of care laws vary, a place of public accommodation may typically refuse to serve a customer if:

• The patron lacks adequate personal hygiene (extreme body odor, excess dirt, etc.)
• The patron is visibly intoxicated
• The patron is unreasonably rowdy or causing trouble
• The patron’s presence would overfill venue capacity
• There is reason to believe the patron will not be a paying customer
• The patron has chosen not to abide by a venue’s neutral dress requirements, in a manner that is somehow within the patron’s control

Although “no shirt, no shoes, no service” policies are rarely mandated by law, they are also rarely illegal, because they don’t discriminate against any particular category of person. ​

​MEMBERSHIP / ASSOCIATION

Q. How do I update my profile?
A. Members of ORLA can log in to OregonRLA.org to access premium information and resources, register for classes and events, renew their membership, and update their member profiles and contact information. For questions, contact [email protected] or call 503.682.4422.

Q. How do I find out my (NRA or AHLA) member number?
A. Restaurants can contact NRA at 855.514.8115 or email [email protected]. Hotels can contact AHLA at 202.289.3100 or email [email protected].

Q. How do I log in to the Online Buyer's Guide?
A. Contact [email protected] if you need your credentials.

Q. Is my PAC contribution tax deductible? 
A. Any contribution to ORLAPAC is a political contribution, which is not deductible but may qualify for an Oregon tax credit. A suggested political contribution has been included in your dues statement. ORLA estimates the non-deductible portion of your dues, the portion which is allocated to lobbying is 43%. Political action and representation are important functions that the Association provides for its members.
 
Q. How can we get a copy of a W-9 for ORLA?
A. The accounting department can provide a W-9 for ORLA, ORLA Member Services, Northwest Food Show, Oregon Hospitality Foundation, and ORLAPAC upon request. Call 503.682.4422 or email Accounting@OregonRLA.org.