April 27, 2017

Dear NJGCA Member:

Thank you for reading this week's NJGCA Road Warrior!

Here is what you will find in this edition:

ACCESSING TECHNICAL INFO REQUIRED TO FIX VEHICLES
CREDIT CARD CHARGEBACKS AND EMV COMPLIANCE
5% MEADOWBROOK DIVIDEND RETURNED TO NJGCA MEMBERS
DIESEL CONTAMINATION PUTS TANK INSURANCE AT RISK
SOONER OR LATER, EVERYONE WILL NEED NJGCA

We’ve got a few topics to discuss this week and I’m going to try to move through them relatively quickly. Two of the issues will require feedback from you because I need information!! Please cooperate!!

Let’s start with auto repair shops. I need to start compiling more evidence if you are still having difficulty getting technical information from the car manufacturers. My understanding is that getting information has been a little easier in recent months than previously. The Memorandum of Understanding that the car manufacturers agreed to begins with MY 2018. It is important for me to be able to make an intelligent comparison because I intend to hold the car manufacturers up to their end of the bargain. This is what I need: any instance where you are unable to get the technical information or codes required to fix your customer's car, please document the date, make and model, parts, codes and technical info that you were denied. Please reply directly to this email!

The next issue affects ALL of you: convenience stores, gas retailers and repair shops. I've recently heard that merchants are receiving thousand of dollars of credit card chargebacks which they should not be receiving. As you know, all merchants must have EMV compliant credit card equipment (except for card readers on gas pumps which are required by October 2020). Apparently there are smartass customers out there who recognize when you process their credit card “improperly” with non-EMV equipment and then protest the sale, avoiding payment for their purchase and costing YOU a lot of money. They are creating a network of other people to go into your store and do the same. If you haven't upgraded to EMV compliant credit card processing equipment, you MUST do so immediately. I also need to hear from you if you have experienced credit card chargebacks that you feel were unwarranted.

Once again, I am pleased to announce that Meadowbrook Insurance has issued a dividend to each member in the NJGCA Workers Compensation program. You should have already received your check in the mail, but if not, please contact the office at 732-256-9646. Dividends range from several hundred to several thousand dollars, and represent 5% of the Workers Compensation premiums that you paid from Nov. 2015 – November of 2016. I encourage every member to consider participating in the NJGCA-Meadowbrook Workers Compensation program, as I hate to see members leave money on the table. If you can’t reinvest the check to help your business, for heaven’s sake take your spouse to dinner!

Now, for those of you that sell diesel fuel, I need to bring something very important to your attention. We've informed members many times about a problem that is occurring more frequently, and that is, diesel fuel is contaminated because of bacteria growing in your tank, which is also causing corrosion and clogging of lines, sumps and filters. This is also a problem for your customers’ vehicles if they receive contaminated diesel from you. Here’s what we discovered this week...

You all have your tanks and vapor recovery systems tested on a regular basis. Part of the service of the testing companies is to inspect your diesel fuel for contamination, which means they take a sample and “visually” inspect it. There's no chemical analysis, no scientific testing, just a visual inspection. Sometimes this visual inspection can lead the technician to incorrectly conclude that the diesel is contaminated when in reality it may not be. If you are informed that there is contamination, you are to immediately STOP and do two things:

Here’s why #1 is so important! When renewing your UST insurance, you provide documentation that everything has been tested and is in compliance. When you submit an invoice that says there is “diesel contamination,” your insurance will not be renewed!

As for #2: You should never leave something this critical and with such huge repercussions to a “visual inspection.” You want to be absolutely certain whether the diesel is contaminated or not. A false claim on your invoice that your diesel is contaminated when in reality it is not, can produce a lot of headache and cost you your tank insurance!

Finally, I am convinced that sooner or later everyone will need NJGCA. I have stated this many times before. It doesn’t matter how long you’ve been in the business, how well you run your business or how experienced you are! Sooner or later, you will be calling NJGCA for assistance. That’s what happened in the example above, and I have another example to share with you, which occurred this week. This is NOT the only example, it’s just the most recent.

A longtime NJGCA member who I consider to run an exceptional business, called us this week because he saw our Wildfire Alert in February explaining that NJDEP incorrectly informed all retailers that their Motor Fuels License was expiring this year (instead of only sending the letter to the retailers who expire in 2017). This prompted him to review his records and he found that his license has been expired since 2010!! The fines for this could total upwards of $50,000. Obviously, he contacted our office and NJGCA is working to get this straightened out, and we are confident he will do so. However, it just makes the point, no matter how good you are, something will always come up where our experience and our assistance is needed! Why? Because our members, even the best and most experienced, are human…..and humans are not perfect!

Thanks for reading -- See you next week!

Sal Risalvato
Executive Director

TRAINING CLASSES!!

All classes held at NJGCA HQ -- 4900 Route 33 West, Wall Township, NJ 07753

Emissions Inspector Training Class - One Day Only!

Want one of your technicians to become a NJ Emissions Inspector? We can help! Our one-day class will provide all the information for becoming a NJ Emissions Inspector, and the State will administer the written test the very same day at our offices! We are offering the class: Wednesday, May 24th from 7:00am to 3:00pm. Cost $250.
Click HERE for the registration form.

FUTURE CLASSES WILL BE ADDED UPON REQUEST AND ACCORDING TO DEMAND. CONTACT DEBBIE at 732-256-9646 or DEBBIE@NJGCA.ORG TO LET HER KNOW YOU ARE INTERESTED IN TAKING A SPECIFIC CLASS. THIS WILL ALLOW US TO GAUGE YOUR NEEDS AND KEEP TRACK OF THOSE WISHING TO PARTICIPATE!!

CLASSIFIEDS! -- FOR SALE & HELP WANTED ADS

FOR SALE:
Shell Gas Station with 6-Bay Repair Shop for Sale in Bergen County!

Business established in 1980. Fully equipped repair shop with 5 lifts including an alignment rack with a 2-year-old Hunter Hawkeye alignment machine. New Hunter tire machine & wheel balancer. AAA aproved and very busy.

Towing business also available which includes 3 Freightliner/JerrDan flatbeds (2015, 2016 & 2017), a 2012 Dodge crew cab wrecker with a Jerrdan Quick Pick & dual cable winch & 2 service trucks (a 2012 GMC 2500 utility truck with a plow & a 2014 Ford transit battery/service vehicle).

Pumping over 1,000,000 gallons per year. 100x300 lot with plenty of parking. Excellent location!!! Call Jim @ 201-851-3084.

FOR SALE:

Commercial Building in Asbury Park, Property Only for Sale, Not the Business! For listing information, please click HERE.

FOR SALE:

Four (4) Gilbarco Encore 300 dispensers. Brand New in 2003. Pumps work great, just no card readers. Call Katie or Al at 732-739-1360.

Also offering: Transac system for pumps and two dual LSI island lights

NEWS AROUND THE STATE: THE NEWS YOU SHOULD KNOW

04/27/2017:
Retailers Gather in Washington to Save Debit Reform
Retailers stormed Capitol Hill this week, holding nearly 100 meetings with lawmakers to urge them to save debit swipe fee reform. The group of 40 retailers represented 10,000 convenience stores. The retail fly-in was organized by NACS, the National Retail Federation, the Retail Industry Leaders Association, and the Merchant Advisor’s Group. While the retailers were fighting to save debit reform, members of the House Financial Services Committee were meeting to discuss legislation that includes a full repeal of the reforms. The Financial Service Committee’s hearing examined Chairman Jeb Hensarling’s (R-TX) legislation, the Financial CHOICE Act of 2017. During the course of the hearing, Ranking Member Maxine Waters (D-CA) announced that the Democrats on the panel had submitted a letter to Chairman Hensarling requesting a “minority day” hearing to analyze the draft legislation. The date, time and place of such a hearing has not yet been determined—and it is unlikely that such a hearing will occur. Nonetheless, Hensarling officially introduced his Financial CHOICE Act, H.R. 10, following the hearing, and the bill is expected to be marked up by the Committee as early as Tuesday, and could be considered by the full House of Representatives by mid-May. To read more about some of the specific comments made by the members of the Committee, click the link above.

04/26/2017:
NYC, San Francisco Introduce Restrictive Tobacco Ordinances
In 2016, more than 700 local tobacco-related ordinances were considered by cities, towns and counties across the nation. Within the past month, restrictive local tobacco ordinances were proposed in NYC and San Francisco. The introduction of these restrictive ordinances in NY and San Francisco continues a trend toward not only an increasing number of local tobacco restrictions, but also the introduction of more severe restrictions on retailers that sell tobacco products. On April 27, the NY Committee on Health will hold a public hearing on a number of tobacco-related local ordinances. Four of these proposed ordinances would directly affect tobacco retailers. To read about these proposed ordinances in more detail, click the link above. In San Francisco, the proposed ordinance would prohibit tobacco retailers from selling flavored tobacco products. The tobacco products that would be subject to the prohibition would include, but not be limited to, flavored cigarettes (including menthol), other menthol-flavored tobacco products, flavored cigars, flavored smokeless tobacco, flavored shisha and flavored nicotine solutions that are used in electronic cigarettes. There is no exception in the San Francisco proposed ordinance for tobacco-only stores to sell flavored tobacco products. The minimum price mandates and the flavor bans that now include menthol-flavored products are two of the most restrictive proposals being advanced by local lawmakers and advocacy groups. Even though retailers continue to abide by the law and demonstrate that adherence to the law by passing retail tobacco compliance checks at near perfect rates, local lawmakers continue to focus on adopting restrictions on retailers rather than work to solve the real problem of social sources.

04/26/2017:
Will House Bill Save Vaping?
The vaping industry could be looking at a brighter horizon if a new bill, expected in the House of Representatives this week, gains momentum. Rep. Duncan Hunter, R-Calif., is expected to submit the measure that would pull e-cigarettes from being categorized as a tobacco product and take them out of the jurisdiction of the U.S. Food and Drug Administration’s "deeming" rule. As a result, the products would no longer be subject to strict regulations or the new-product approval process that many consider too costly for small manufacturers to comply with. The bill adds momentum to a series of legal and legislative efforts to derail or at least soften the effects of the FDA rule, although it is unclear how much support Hunter’s bill will garner. President Trump’s nominee to head the FDA, Dr. Scott Gottlieb, appears to be open to the risk-reduction arguments proposed by tobacco advocates and has had financial ties to the vaping industry. Because of those relationships, he will recuse himself from decisions relating to the vaping industry for at least a year. A separate plan from Reps. Tom Cole, R-Okla., and Sanford Bishop, D-Ga. was reintroduced earlier this year and would exempt thousands of vaping devices currently on the market from FDA approval. The Cole-Bishop proposal is expected to be attached as a rider to Trump's spending plan, which could be voted on as early as this week. Hunter’s bill would go further. “Cole-Bishop is like gaining the inch, and Hunter’s legislation the yard,” said Joe Kasper, Hunter’s chief of staff. The FDA rule, which went into effect this past August, requires that any product introduced after Feb. 15, 2007, be submitted to the FDA for review within two years. Products that were on the market prior to that date are grandfathered in and do not require premarket authorization. That effectively puts all vaping products in line for review. The FDA said it does not comment on proposed or pending legislation.

MEMBER BENEFIT PARTNER MESSAGE BOARD:

TMP Energy Solutions

Another Way to Save on Your Energy Bills

We have had a number of NJGCA members successfully reduce their rate per kWh signing up through our energy saving program. We know it's difficult to collect 12 months worth of previous electric bills to get an "accurate" analysis when comparing a variable rate to a fixed rate, but we now have another option available.

This new solution is a power purchase option; the other program is still in full force and has saved members thousands of dollars. If you sign up for the power purchase option, you will be grouped with other NJGCA members until the minimum kW demand is acquired. By pooling the member's usage together, you will be able to take advantage, as large energy users do, and receive a lower kWh rate.

Each member will receive their own contract. Each member is responsible to sign and return the agreement the day it is received in order to secure the price for their group.

Please do your due diligence, so when you receive the proposal and the agreement you will be able to make an intelligent decision.

If by chance, you still want us to assess you bills, to give you a price to compare, we will require 12 months of your most recent utility bills.

There are no bills required, but we would still like to have one bill per meter on file to check account #'s, meter #'s service addresses and other pertinent information incase there is a problem.

The term of the agreement is for 12 months. During this term period, you will have price protection against any energy price increases along with a low fixed kWh rate.

If you are interested in becoming part of this power purchase option, please contact Greg Cannon at the NJGCA.

Remember when you sign up your energy through the NJGCA Energy Program, TMP makes a considerable donation to the NJGCA Scholarship Fund through their proceeds. This has no affect on your rate, and costs you nothing out of pocket.

We hope to help hundreds of NJGCA members reduce their utility costs by participating in this and our other cost reduction programs. Our purpose, in the endeavor, is to help NJGCA members lower their energy costs while supporting the NJGCA Scholarship Fund.

Contact GREG CANNON at 732-256-9646 or email Greg at greg@njgca.org. Mention that you are interested in saving money on your energy bills. NJGCA & TMP Energy Solutions will handle all the rest.

POLITICAL PARTICIPATON: THE NJGCA PAC

DEFENDING OUR MEMBERS.
PROTECTING YOUR INTERESTS.
ANSWER THE CALL & CONTRIBUTE TODAY!!

Promoting our agenda in Trenton is of utmost importance to NJGCA and our members.

However, in order to truly affect the debate, we must ensure our friends in the Legislature are re-elected. It is for this reason that your Association has established the NJGCA PAC.

For too long, the weight of funding our Political Action Committee, the arm of the Association responsible for political donations, has rested upon a few. This is not only unfair to those few members who have shouldered this burden, but means we are not utilizing our full strength to affect the debate in Trenton.

To truly understand the importance of supporting our allies, consider our successes in Trenton:

We defeated BELOW COST SELLING
We made history in getting FIRST RIGHT OF REFUSAL signed into law!
We have built large support for RIGHT TO REPAIR and got it passed out of the Assembly
We defended your small business against the false accusations of Attorney General Anne Milgram
We gained wide support to move New Jersey to an all PIF Inspection System and close the CIF lanes
...and MUCH MORE!!

In each instance, we achieved these goals with the help of our friends in the Legislature!

If every member contributes just $100.00 we will be able to provide the help necessary to ensure victory for our allies.

PLEASE SEND YOUR CONTRIBUTIONS TO:
NJGCA PAC
4900 Route 33 West, Suite 100
Wall Township, NJ 07753
Please make your donation payable to NJGCA PAC

I understand that times are tough for all NJGCA members, but this is just as important as any battle we have fought in the past.

We have made great progress in Trenton. I hope that you will answer the call.

*NEW* Energy Information Agency Weekly Retail Gasoline Prices

Each week, the Energy Information Administration publishes a list of average gasoline prices for the previous three weeks. NJGCA will begin including this list with the Weekly Road Warrior. Remember, these prices are for reflective of self-serve everywhere except NJ.