Foodservice Equipment Reports Fortnightly

Welcome to FER Fortnightly Online Newsletter
November 15, 2005

Economic Report:
Sponsored by:
Hatco Corp.
MAFSI Barometer Signals Regional Sales Disparities
NRA Index Hits 27-Month Low, But Expectations Tick Up
Early Public Company Results Show Some Slowing Growth
Blue Chip Economists Hold Steady Forecasts

Industry Report:
Sponsored by:
MUFES '06,
Feb. 11-13, 2006

McD's To List Nutrition Skinny On Packaging
Starbucks To Take The Cup For Recycled Cup
Survey Says: More Information, Less Food
Chipotle Chews On IPO; Spin-Off Could Net Big Bucks
Del Taco Gets Nod From CPUC For Energy Savings
Scientists Have Gut Feeling Cheeseburgers Are Good For Us

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In This Section:

Maine Town Joins List Saying 'No' To Chains
Naples Restaurateur Still Smoking Over Ban, Won't Drop Suit
Trouble Starts With 'T,' Rhymes With 'P' That Stands For Pool
WEEE! — Recycling Ride Starts Up Again In January

This issue's Economic ReportSponsor: Hatco Corp. |  Industry ReportSponsor: MUFES '06, Feb. 11-13, 2006
Regulatory Report Sponsored by APW Wyott Innovations

Maine Town Joins List Saying 'No' To Chains
We don't know how many times a thing has to happen before it's considered a trend, but towns saying "no" to so-called "formula" businesses seems to qualify.

Now a town in Maine has joined a growing list of localities banning chain restaurants altogether. Voters in the seaside community of Ogunquit on Nov. 8 approved a petition on the ballot to ban chain restaurants. The measure passed 506-207.

The town already prohibited drive-throughs to help maintain the local character. Town council members said they proposed the additional step to help preserve existing businesses.

Now that voters have approved the petition, an actual ordinance will be put to a vote next April.

Back in September, FER Fortnightly told you about East Aurora, N.Y., banning drive-throughs. York, another town close to Ogunquit in Maine, already has a ban in place on formula businesses. Other municipalities with similar zoning ordinances include Carmel-by-the-Sea and several others in California; Bristol, R.I.; Bainbridge and Port Townsend, Wash.; Port Jefferson, N.Y.; and Sanibel, Fla. San Francisco is the largest city to put limitations on formula businesses, doing so on a neighborhood basis.


Section sponsored by APW Wyott Innovations

Naples Restaurateur Still Smoking Over Ban, Won't Drop Suit
Sometimes, apparently, you have to draw a line in the sand. The Naples, Fla., restaurateur whose lawsuit against the state's smoking ban was thrown out by a judge last month will have yet another day in court.

The suit, reported here in FER Fortnightly in July, was tossed due to a technicality. The judge in the case stated that individual citizens can't sue the state. But he left the door open for the suit to be refiled. Castaways Backwater Café's attorney Ludwig Abruzzo did just that, naming nearly every official in the state who has anything to do with the restaurant.

The restaurant's position is that the ban is discriminatory, in that smoking is allowed in bars. The state smoking ban hasn't been enforced since it was passed into law in 2003. Stay tuned.

Section sponsored by APW Wyott Innovations

Trouble Starts With 'T,' Rhymes With 'P' That Stands For Pool
Some people will use any excuse to get out of following the rules. Will Prout, owner of Big John's Billiards in Lincoln and Omaha, Neb., is one of those guys. To get around a state smoking ban, he's even gone so far as to say he's not a restaurant operator.

Prout recently filed an application for a waiver from the three-year-old ban, arguing that his business was billiards, and that food was only incidental. The state claimed the business has more than 1,200 sq. ft. of foodservice, so must make half the 13,000-sq.-ft. pool hall non-smoking under the law. Or, he can stop serving food altogether and become exempt as a bar.

Prout has appealed the state's decision. The final say is up to Dr. Joann Schaefer, director of the Nebraska Health and Human Services' Regulation and Licensure Department. The case is now in the hands of a hearing officer who will turn over evidence to Schaefer's office. No word on when, according to Roxie Anderson, Schaefer's assistant.

In the meantime, Big John's Billiards in Lincoln has been forced to close because the city's anti-smoking ordinance is even tougher than the state's.

Section sponsored by APW Wyott Innovations

WEEE! — Recycling Ride Starts Up Again In January
In case you've forgotten, the UK and Republic of Ireland are putting WEEE restrictions into effect in January. The Waste Electrical and Electronic Equipment Directive, a law now effective throughout most of the European Union, limits what goes into landfills and establishes procedures for recycling electrical components and a variety of the materials they're made with.

A sister directive, the Restriction of Use of certain Hazardous Substances (RoHS), bans the use and sale of certain hazardous heavy metals like mercury. U.S. equipment manufacturers won't be able to export products to the EU that contain offending materials after July 1, 2006.

You should be aware that the directives govern stuff you throw out. Manufacturers are supposed to put in place programs that help you do that. The regs will even affect the types of plastics supplies you use from now on. PVC, for example, being difficult to recycle, will lose value and be used less.

States here, such as California and Washington, are implementing similar regs governing disposal of hazardous materials in electrical components.

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