Minnesota Municipal Beverage Association Newsletter
(August 11, 2013 - August 17, 2013)
 Click Here
for the
As I See It... 

Reminder  

I often need reminding.

 

After 20 years of working in the Municipal Liquor business, I have been exposed to so much great information.....and I remember so little of it! I require constant reminders of some of the most basic principles and then I have to make conscious efforts to use these principles in my every day work. There's just so much routine daily procedure! It's a challenge that we all face.

 

Recently, while working with another Store Manager, I was reminded of a book by Paco Underhill. This book, "Why We Buy - The Science of Shopping" was very influential in our design process while undergoing an expansion/remodel seven years ago. Many of the principles were used in creating wide aisles, traffic patterns and cash wrap designs. You should read, or perhaps review, this book today!

 

Here's the important bit of information from the book that speaks to me loudest right now:

 

Your best customers are your current customers! Find ways to sell them more. Entice them back to your store. Keep them in your store as long as possible.

 

Population growth in most of our Municipal communities is nonexistent. It's really pretty simple...if we are to achieve increases in our sales, we need to get more $'s from each of our current customers!

 

How do we do it?

 

I suggest starting by reading the book, attending MMBA Regional Meetings, challenging staff to come up with ideas and allowing ourselves a few minutes each day to walk through the store and be reminded of the merchandising and customer service principles that entice our customers to purchase!

 

And then...Do Something!

 

Candice Woods

Hutchinson

 

Promotional Planning Guide Update - September
Promote2  

As summer begins to unwind and Labor Day approaches its time to reevaluate your marketing and promotion plan.

 

Make sure you're taking full advantage of the season by putting together some great promotions.

 

Check out the list of fun September Holidays.

 

Click Here to See Promotional Guide

 

Minnesota Supreme Court Sides with Bar Staff Forced to Pay Cash Shortages with Tips 

Laws  

By Abby Simons, StarTribune

 

The rules were clear when Thomas Rupp began bartending at the popular Minneapolis party bar Drink as a college student in 2007.

 

If the cash register was short for any reason - for instance, if a customer walked out on a tab or forgot to sign a credit card receipt - you were responsible.

 

"It didn't seem right," Rupp said. "But who were we to question the bosses who said we had to pay in?"

 

Rupp, 31, and more than 750 Drink and Spin nightclub employees who challenged their companies' tactics won a major victory Wednesday when the Minnesota Supreme Court ruled that they were entitled to damages for being forced to use their tip money to make up cash shortages.

 

Their award could surpass six figures, according to Steven Andrew Smith, an attorney representing the plaintiffs in the class-action lawsuit, and the decision sets a precedent for Minnesota labor law.

 

"This ruling deals with a practice that is sort of the dirty little secret of Twin Cities bars and restaurants - where if the till's short, you've gotta pay if you want to keep your job," Smith said. "It sends the message that you can't do that."

 

The decision means the lawsuit will return to Hennepin County District Court to calculate damages for the servers, bartenders and security guards who first brought their claim against Uptown Drink LLC and related companies in 2010.

 

The suit alleged that there had been multiple violations of the Minnesota Fair Labor Standards Act, including that employees were required to pay for register shortages and the bills of customers who walked out without paying or who did not sign credit card receipts.

 

Employees testified at trial that failing to make the payments could get them fired. Drink countered that employees voluntarily paid the shortages rather than be written up for failing to properly handle cash.

 

Establishments now closed

 

Messages left for Drink LLC attorney Ashwin Madia were not returned.

 

Both Drink locations, in Uptown and downtown Minneapolis, have since been shuttered, as has Spin nightclub. Uptown Drink filed for Chapter 11 bankruptcy, but has since reopened as Uptown Tavern.

 

Owner Mike Whitelaw could not be reached for comment. The bar was also ordered to pay $700,000 in attorneys' fees and costs as part of the initial lawsuit. However, the bankruptcy has placed any payout on hold.

 

Although it awarded $70,000 in damages to the plaintiffs and the state of Minnesota, a jury rejected the staffers' claims that their rights were violated by forcing to pay for shortages.

 

A district judge and Court of Appeals agreed, ruling in part that the employees failed to prove that paying for shortages made their wages fall below the state's minimum.

 

However, in its unanimous ruling, the Supreme Court said that tips are counted as wages, regardless of whether they fall above or below the minimum wage.

 

"A gratuity is paid to an employee for performing a service for an employer, such as serving food and drinks to the employers' patrons. Gratuities also fall under the definition of 'wages' even though the money is paid by another person" Chief Justice Lorie Gildea wrote.

 

The law's definition prevents employers from using "self help" to enforce a claimed indebtedness against an employee, she continued, such as in the Drink case.

 

"There is no dispute in this case that the employees were required to pay the employers back for register shortages, walkouts and unsigned credit-card receipts," Gildea wrote. "Under the plain language of [the law], these deductions from the employees' wages were unlawful."

 

Money 'rightfully earned'

 

Rupp, who now works in government finance, couldn't say how much money he lost and could possibly recoup. However, he said the ruling is about more than just money.

 

"It's a great victory for bartenders and servers who don't have to be afraid and be bullied by their bosses," he said. "This is their money that they rightfully earned, and it should be up to the business to account for these losses through better management."

 

A Minister, A Doctor and a Lawyer  
Money  
A wealthy man was dying and called his three closest friends to visit with him one last time.
  
He said he believed you could take it with you but he needed some help.
  
He gave a large envelope of cash to each with the instruction they put the envelope in his casket during the viewing.

After his funeral the three, a minister, a doctor, and a lawyer, were visiting.
  
They asked each other if they had put all of the money in the casket.
  
The doctor said his hospital needed a new wing so he gave some of the money to pay for the wing; the rest of the money was in the casket.
  
The minister had a similar story; part of the money went for a special need at the church but the rest was in the casket.

The minister and doctor looked at the lawyer and commented that his envelope looked very thin.
  
The lawyer responded, 'Unlike the two of you, I took no money and put it all in the casket - in a personal check'.
 
 
When we say what we don't know, it increases the likelihood that someone who does know will offer to help.
  
Future Dates to Remember!!

2013 MMBA Regional Meetings

 

Note Updated Locations & Dates

 

September 25

 Walnut Grove

 

September 26

Duluth

 

October 9

Thief River Falls

 

October 16

Alexandria

 

October 24

Rochester

 

October 30

Roseville

 

Ask A Director

Gary Buysse
Rogers
763-428-0163

Cathy Pletta
Kasson
507-634-7618
  
Vicki Segerstrom
Milaca
320-983-6255
  
Candice Woods
Hutchinson 
320-587-2762
  
Nancy Drumsta
Delano
763-972-0578

Lara Smetana
Pine City
320-629-2020

Michael Friesen
Hawley
218-483-4747

Lisa Kamrowski
Nevis 
218-652-3135

Steve Grausam
Edina
952-903-5732

Toni Buchite
50 Lakes
218-763-2035

Brenda Visnovec
Lakeville 
952-985-4901
 
Bridgitte Konrad
North Branch
651-674-8113
  
Shelly Dillon
Callaway
218-375-4691
  
Karissa Kurth
Buffalo Lake
320-833-2321
 
Paul Kaspszak
MMBA
763-572-0222
1-866-938-3925

 
Click Here For Newsletter Archives 
Wine 101
Wine2
Join Our Mailing List

Beverage Alcohol Training

BAT Logo
 Contact Bob Leslie at:
 
320-766-3871
 


Contact Gary Buysse at:

763-428-0164

Pipestone City Council Approves Fix to Help Flooding Issues

Money Bags

A flooding problem that occurs after heavy rains at a Pipestone street intersection will be addressed at a price tag of $52,325.

"It's something that needs to be done," City water / wastewater supervisor Joel Adelman said. "It can't stay the way it is."

Adelman told the council he had between $25,000 and $30,000 in his budget to use toward the project.

 

The balance will come from the city's liquor store fund.

  
Trinchero 
Contact Trinchero Family Estates 
Ste. Michelle Logo

Contact Ste. Michelle Wine Estates

NABCA
Contact the National Alcohol Beverage Control Association
Miima Logo

Contact Minnesota Independent Ice Manufacturers Association

MillerCoors

Contact MillerCoors

Beam Logo

Contact Beam Global

AB Logo

Contact Anheuser-Busch