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New Orleans' deadline for ABO Permits Extended

6/29/2020

 
Mayor Cantrell has extended all current ABO permits until August 31, 2020. As such, the deadline to renew these permits July 31, 2020. Renewal applications should be sent to alcoholpermits@nola.gov.

Businesses holding Alcoholic Beverage Licenses receive a renewal application each year with a cover letter explaining renewal requirements including the due date for the renewals.

Tax Clearance forms were mailed by the Bureau of Revenue at the beginning of February. If you did not receive a tax clearance by mail, one may be obtained in person in located on the first floor of City Hall at 1300 Perdido St., Rm 1W15, New Orleans, LA between 8AM and 5PM Monday through Friday, by fax to 504-658-1606 or by email to abo@nola.gov. The Alcoholic Beverage Unit of the Bureau of Revenue can also be contacted at 504-658-1674.

The “City of New Orleans Alcoholic Beverage Renewal Addendum” was also included in the mailing from Revenue at the beginning of February. You may mail the completed form directly back to the Bureau of Revenue at "Attn: ABO Unit, Bureau of Revenue, 1300 Perdido St., Rm 1W15, New Orleans, LA 70112." If you have already returned this form to the Department of Safety and Permits, it will be forwarded directly to the Bureau of Revenue and not scanned, copied, nor held by Safety and Permits.

This is the first year renewals will be submitted directly to the Department of Safety and Permits. To help us ensure we have current information, please include contact information for your businesses owners even if it has not changed. This will help provide better and more consistent communication with you.

For additional information, click HERE. 

Phase 2A: Indoor Live Music Clarification

6/29/2020

 
Indoor live entertainment, which includes, but is not limited to bands and karaoke, is not allowed in Phase 2. 
Indoor live entertainment will be permitted, SUBJECT TO APPROVAL, in Phase 3.

In order to be considered for potential approval to host indoor live entertainment in Phase 3, written requests can be submitted to address the following:
  • The HVAC system must provide a minimum of 6 air changes per hour (ACH) within the space occupied by the audience and performers. Documentation shall be provided to identify the CFM’s for the air handling unit(s) serving the space and the cubic footage of the space served.
  •  A minimum 12 feet of separation shall be provided between the performers and attendees.
  • Provide at least one of the following additional mitigation measures:
    • In-duct UV-C light system placed in supply side, ahead of any branch connections, or in the return side of each air handling system serving the space. 
    • Direct air flow towards the performers and away from the attendees at a minimum rate of 2,000 CFM.
    •  An independent HVAC system dedicated exclusively for the performance area.
  •  Each performer must follow the social distancing guidelines.
  •  Management shall offer face coverings and temperature checks to attendees.
​
Requests should include the registration number for the business or venue that is issued to you through “OpenSafely” (https://opensafely.la.gov) as well as the plan to accomplish the above requirements. Requests are to be emailed to SFMDispatch@gmail.com for review by the Office of State Fire Marshal and the Louisiana Department of Health.

Paycheck Protection Program Updates 6/26

6/26/2020

 
There have been ongoing developments from the Small Business Administration (SBA) about the Paycheck Protection Program that are important for anyone who has borrowed money under that program and is either seeking or will seek forgiveness:

New, Simpler Forgiveness ApplicationsLate last week, the SBA and the Department of the Treasury released a revised PPP loan forgiveness application, which has been shortened from 11 pages to five (instructions can be found here).
 
Required documentation for Forgiveness Applications includes a PPP Schedule A, which is attached to the loan forgiveness application, and supplemental borrower-provided documentation verifying payroll and nonpayroll costs and full-time equivalent employees (FTEEs). The borrower is required to list information about employee compensation and FTEEs’ hours to determine whether there will be any reductions in the loan forgiveness amount. Typical documentation for verifying a borrower’s payroll and nonpayroll costs and FTEEs would consist of bank accounts, payment receipts, payroll tax filings reported to the IRS, lease agreements, utility invoices and copies of lender amortization schedules.
 
Voluntary documentation includes what is called a PPP Borrower Demographic Information Form. The form requests information about each of a borrower’s principals to collect data on veteran status, gender, race and ethnicity for PPP reporting purposes.
 
In addition, they released a new EZ version of the forgiveness application, Form 3850EZ, which is intended to be used by borrowers who (i) are self-employed and have no employees; or (ii) did not reduce the salaries or wages of their employees by more than 25%, and did not reduce the number or hours of their employees; or (iii) experienced reductions in business activity as a result of health directives related to COVID-19, and did not reduce the salaries or wages of their employees by more than 25%. Instructions can be seen here. There are fewer calculations to determine loan forgiveness amounts and less documentation required for those borrowers using the EZ version of the loan forgiveness application, in addition to making certain representations and certifications.
 
In the event of an audit, all documentation identified in the loan forgiveness application instructions and all records relating to a borrower’s PPP loan must be maintained in a borrower’s files for at least six years after the date the loan is forgiven or repaid in full.

LA Dept. of Treasury's Main Street Recovery Program

6/25/2020

 
Was your business impacted by COVID-19?
  • Act 311 set aside $300 million from the CARES Act for a small business grant program.
  • Businesses can apply for up to $15,000 to cover eligible expenses.
  • Program updates will be posted at www.latreasury.com. 

Timeline:
  • Program start date will be announced by July 1.
  • First 21 days: Grants will be given to businesses who didn't receive a Payment Protection Program loan, insurance payment or Economic Injury Disaster Loan. 
  • First 60 days: $40 million will go to businesses owned by women, minorities and veterans.
  • Within 20 days of receiving an application, we must issue payment or a rejection.
  • Start putting together your paperwork! Grants can only be given as long as there's still money.

Businesses must meet this criteria:
  • Were domiciled in Louisiana as of March 1, 2020
  • Suffered an interruption of business
  • At least 50% owned by one or more Louisiana residents
  • Filed Louisiana taxes in 2018 or  2019 or will file taxes in 2020
  • Had no more than 50 full-time employees as of March 1, 2020
  • Have customers or employees visit a physical location
  • Are not part of a bigger business with more than 50 full-time workers
  • Does not exist for the purpose of advancing partisan political activity and does not directly lobby federal or state officials
  • Does not derive income from passive investments without active participation in business operations

What information will be needed?
  • Federal taxpayer identification number
  • State taxpayer identification number
  • Louisiana Department of Revenue account number
  • Business legal name and authorized representative name, address, phone number and email address
  • Date of formation/creation
  • Business address, phone number and email address
  • Industry category and business type

What's an eligible expense?
  • Costs related to meeting public health requirements tied to COVID-19, including, but not limited to:
    • Creating social distancing
    • Cleaning and disinfecting
    • Purchasing equipment to protect employees and/or customers (hand sanitizer, masks, gloves, thermometers
    • Contactless equipment (credit card readers, etc.)
    • Expenses to facilitate teleworking (laptops, printers, scanners)
    • Necessary re-opening expenses (tents, outdoor tables)
    • Signage pertaining to reopening or restructuring 
    • Installation of drive-through windows
  • Business interruption costs related to COVID-19, including, but not limited to: 
    • Unemployment insurance costs
    • Providing paid sick leave
    • Inventory replacement (replacing spoiled food)
    • Increased labor costs (hiring delivery drivers)
    • Mortgage interest (for home office)
    • Rent
    • Payroll

What's an ineligible expense?
  • Lost profits or revenue
  • Damages that have been or will be covered by insurance
  • Costs that have been or will be reduced by any other federal or state program
  • Severance pay
  • Legal settlements

NRA Launches the ServSafe Dining Commitment

6/25/2020

 
The ServSafe Dining Commitment is a new, multi-faceted program that showcases restaurants that have demonstrated their ongoing commitment to the health and safety of their employees and guests.

Through participation in the program, a restaurant reassures returning customers that the operation is carefully following recommended reopening guidance and is ready for business.

The program will be supported by the Association’s national Restaurant Revival advertising campaign inviting diners back into our restaurants and to our tables. The campaign, which will take place across broadcast, print, and digital platforms, will prominently feature the ServSafe Dining Commitment logo on a door decal and will urge diners to learn more about the steps restaurants are taking to keep them safe.

When guests observe the ServSafe Dining Commitment decal on a restaurant window, they’ll know the restaurant is committed to following the Association’s reopening guidance and local guidelines, and that it has employees who are ServSafe certified.  

It’s imperative we reassure customers that the restaurants they love are open and committed to their health and enjoyment.

Make the commitment today.

Making Lemonade: Restaurant Best Practices in Distressed Times

6/23/2020

 
Join the Restaurant Law Center for a webinar on Thursday, June 25, at 2 p.m. CST.
Angelo Amador, executive director of the Restaurant Law Center welcomes Alan Martin and Ori Katz—partners at Sheppard Mullin LLP—who will share insights on the legal ramifications of:
  • Supply Chain Bottlenecks: Navigating Distressed Supplier Relationships
  • Tax and Wage Claims Issues: Drawing the Red Line
  • The Debtor Side of Preferences: Managing Cash Flow
  • The new Subchapter V:  A Viable Chapter 11 Option?
  • PACA: Practical Considerations
  • Bankruptcy 363 Sales:  Possible Opportunities and Concerns

Register here.

PPP- Revisions to Loan Forgiveness Interim Final Rule

6/23/2020

 
FORGIVENESS RULES
Late on June 22, the Small Business Administration (SBA) and U.S. Department of Treasury released updated Loan Forgiveness rules. The improvements of the PPP Flexibility Act, new details on loan forgiveness timing, and required documentation for “business activity” exemptions from loan forgiveness reduction are included below.

New Improvements – Confirmed for PPP Recipients
  • Extends the PPP covered period from eight to 24 weeks, or an additional 16 weeks for current PPP recipients.
    • PPP recipients who obtained a loan before June 5, 2020 can choose to use the original eight-week period.
  • To maximize forgiveness, 60% of PPP loan funds must be spent on payroll expenses (this updates the previous 75% requirement).
  • For loan maturity, the minimum maturity is five years for PPP loans made on/after June 5, 2020. Lenders and borrowers can extend the maturity date of earlier PPP loans by “mutual agreement.” 
 
Clarity on Timing for Loan Forgiveness Process
A restaurant can submit its loan forgiveness application before the end of the covered period if the restaurant has used all of the loan funds for which the business is seeking loan forgiveness.
  • The lender has 60 days after receiving a PPP loan forgiveness application to issue a decision on forgiveness to the SBA.
  • In turn, the SBA will remit the appropriate forgiveness amount to the lender, plus any interest accrued through the date of payment, no less than 90 days after the lender issues its decision on PPP loan forgiveness to the SBA.
  • The lender must inform the borrower of the loan forgiveness amount and the date on which the borrower’s first payment is due, if applicable. 
 
Documentation Required to Demonstrate “Business Activity” Disruption and Obtain an Exemption from Loan Forgiveness Reductions Regarding FTE Rehiring
  • PPP recipients must certify in “good faith” documentation that their reduction in business activity during the PPP covered period is due to compliance with COVID Requirements or Guidance
    • If PPP recipient maintains this documentation, they are exempt from any reduction in loan forgiveness due to a reduction in FTE employees during the covered period.
  • Documentation must include “copies of applicable COVID Requirements or Guidance” for each business location and relevant borrower financial records.
  • SBA and Treasury believe this includes “both direct and indirect compliance with COVID Requirements or Guidance,” because much of the reduction in business activity due to COVID Requirements or Guidance is the result of state/local government closure orders that are based in part on guidance from the three federal agencies.
 
SBA Example:  A PPP borrower is in the business of selling beauty products both online and at its physical store. During the covered period, the local government where the borrower’s store is located orders all non-essential businesses, including the borrower’s business, to shut down their stores, based in part on COVID-19 guidance issued by the CDC in March 2020. Because the borrower’s business activity during the covered period was reduced compared to its activity before February 15, 2020 due to compliance with COVID Requirements or Guidance, the borrower satisfies the Flexibility Act’s exemption and will not have its forgiveness amount reduced because of a reduction in FTEs during the covered period, if the borrower in good faith maintains records regarding the reduction in business activity and the local government’s shutdown orders that reference a COVID Requirement or Guidance as described above.
 
The Association team is continuing to review the interim final rule (IFR), please contact Aaron Frazier, Director of Healthcare and Tax Policy, with questions or recommendations.
 
ENHANCED TRANSPARENCY
 
Additional Update: As of June 19, SBA and Treasury plan to publicly share PPP recipient business names, addresses, NAICS codes, zip codes, business type, demographic data, non-profit information, jobs supported, and PPP loan amount ranges as follows:
  • $150,000-350,000
  • $350,000-1 million
  • $1-2 million
  • $2-5 million
  • $5-10 million
 
For loans below $150,000, totals will be released, aggregated by zip code, by industry, by business type, and by various demographic categories. When more information becomes available, we will share with members
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