News from Minnesota Municipal Beverage Association

Minnesota Municipal Beverage Association Newsletter

(August 14, 2011 - August 20, 2011)

Click Here

for the

I can't believe how fast this summer has gone by. I just received my invitation to the 2011 MMBA regional meetings.

When I attend the regional meeting(s) it recharges my batteries and it kick starts my preparation for the upcoming holiday season.

There is nothing quite like getting into a room full of your peers and sharing your stories, experiences, and ideas. There is also plenty of valuable information to be had that is provided by our presenters and our Executive Director Paul Kaspszak.

You can also shape the content of the meetings this year. Just use this link and complete the survey.

The bottom line is that you need to use the resources MMBA provides and you can provide a resource to your peers by just being there. Join me and the rest of the board at location of your choice. I look forward to seeing you.

The holiday shows will be starting soon. I need to book my holiday tastings, set my features for the last quarter, get the decorations out of storage, and buy my wife her Christmas present (I may put off the last one).

Sales Tax on Carry-Out Bags

An MMBA member recently asked if sales tax must be paid on carry-out bags purchased from a vendor.

According to the Minnesota Department of Revenue:

Packaging materials may be purchased exempt for resale, as long as they are provided with a product that's being sold. The purchaser (wholesaler/retailer) needs to provide a fully completed exemption certificate to claim the exemption.

For example, a grocery store does not owe sales or use tax on their paper or plastic grocery bags that customers use to take their groceries home in. The grocery store is a retailer and is not involved in industrial production, but that doesn't matter; the bags are part of the sales price of whatever groceries are being sold.

297A.61 Subd. 4.Retail sale.

(a) A "retail sale" means any sale, lease, or rental for any purpose, other than resale, sublease, or subrent of items by the purchaser in the normal course of business as defined in subdivision 21.

Selling is Not Pushing

By DMS Retail

Find time to coach retail employees who believe selling is pushing.

You may not know who they are, but it's pretty much guaranteed that they're in your stores.

* They are the ones who don't want to bother customers.

*They pre-judge how much a customer can afford to spend.

*They often ask "Can I help you?"

* They don't ask open ended questions for fear that the customer may not want to answer.

* They rarely re-approach after one rejection.

* They never suggest add-ons, upsells or anything that might put the customer over budget - even though they might have no idea what that budget is.

If all of this sounds familiar, and it probably does, then you need to spend some quality coaching time with the individuals who do or say these things.

Once you have figured out why these employees are not actively selling, you are in a good position to coach them. If they believe that selling means the same as being pushy...you can't get enough productivity from them until you change their outlook, attitude and behavior.

Here's some suggestions as to what you can do...

Have a conversation about selling, in general, and explain that the steps in selling are designed to ensure that a customer is being properly looked after....not just 'sold' to. Explain the benefits that the employee is providing to the customer by establishing rapport and determining needs and presenting options, etc.

Describe scenarios to show the difference between being pushy and being a great sales person.

Take them for a walk into other retail stores and have them play a customer who actually does want to buy something. Watch the interaction carefully so you can point out the difference between pushy behavior and proper selling behavior.

Finally, although you have probably done this already, explain that active selling is a requirement in your company - it is not optional - and all associates are required to sell.

They need to understand that this is how a store stays financially viable - this is how they stay in business... continuing to offer employment.

However you decide to handle the coaching session(s) just remember that your goal is to convert those associates who believe selling is being pushy. If you cannot convert them...well, you'll have to determine your next step.

ATM Surcharge Litigation Advice

The following is from the Briggs and Morgan Law Office:

We have recently observed a sharp increase in lawsuits filed against businesses housing automated teller machines (ATMs), including restaurants, retail establishments and sports venues. While only ATM operators are liable under the Electronic Funds Transfer Act (EFTA), plaintiffs continue to sue any business that merely has an ATM on their property. The lawsuits, filed as class actions, allege that the EFTA, 15 U.S.C. § 1693 et seq., requires that all ATMs have posted physically on the machine a notice that a fee is imposed. The lawsuits allege that this notice must be in addition to the on-screen notices provided to users of the ATMs. Even though the plaintiffs received on-screen notices of the fees charged, and expressly agreed to those fees, they seek actual and statutory damages, as well as attorneys' fees and costs....

...For any business with an ATM on its property, the best way to mitigate against the risk of these lawsuits is to have an agreement with the ATM operator that expressly places the responsibility for regulatory compliance on the ATM operator and provides for indemnification in the event that the business is sued. To mitigate their risks, ATM operators must develop a regulatory compliance plan, implement the plan immediately, and continuously document the adherence to the plan. All businesses should confirm that all ATMs on their property bear the appropriate notice stickers and should document the existence of the stickers with photographic evidence. A policy requiring periodic inspections to ensure that the notice stickers remain affixed to the ATMs should also be adopted and implemented. Courts have dismissed claims where an ATM operator has submitted affidavits and photographs showing that a notice was on the ATM at one time.

Click Here for the Entire Article

How to Open a Bottle of Wine