Compliance Tools

Complying with the laws and rules governing your business can be complicated, but its essential to the continued operation of your business. Our compliance tools can help you avoid violations and the subsequent fines and license suspensions that you can receive if found guilty of these allegations. Our compliance tools include:

Handheld Age Verifiers – NYS drivers licenses and non-driver ID cards along with many other states’ identification documents use a special security lamination to protect against alteration. You can check these documentsby using a handheld verifier to make sure the document you’re presented is valid. Every bartender and doorperson should be equipped with this inexpensive and simple-to-use device. Go to our Catalog to order your verifier now.

ID Authentication and Validation – Advanced ID Detection allows licensees and their agents to determine if IDs are real or fake.  Their approach is rigorous, secure and fast.  AIDD’s technology forensically examines hidden features on all drivers’ licenses and passports.  Their all inclusive system can even be configured to make a video recording of the ID authentication and validation process so you’ll have evidence to use at an SLA hearing if needed.  Check out this video or this flier to see how it works. Call or text Aaron Davis 404.667.3197 or email aaron@advancediddetection.com to request more information.

Intellicheck’s ID Scanners decode the embedded information on drivers licenses to determine the age and identity of the document holder.  You can display the information to determine whether a sale of alcohol, tobacco, or lottery product is appropriate and you can store the collected information to demonstrate your due diligence to law enforcement officials.  Click here for more information or here to contact the Intellicheck representative.

ID Checking Guide – Licensees and their employees may be familiar with New York State identification documents, but how do you verify out-of-state documents? The Drivers License Guide displays each state’s drivers license and non-drivers identification card. Emphasis is place on any features designed to protect against false identification.  Click here to go to the Drivers License Guide website so you can order your guide now.

Posters – State and federal law requires a variety of signs be posted in your establishment. Our poster service can provide you with the signs you need to avoid problems with the State Liquor Authority and the State Tax Department. Go to our Catalog to order your posters now.

Tax Compliance – Compliance with the state tax law is one of the most important issues for restaurant and tavern owners. Being familiar with your obligations under the law are critical to your success. The NYS Tax Department’s Tax Guide for New Businesses (Publication 20) helps you understand your responsibilities. This guide provides basic information of interest to businesses of all types and is useful to a new or longstanding business owner.

Sales tax issues are the most frequent concern for restaurant and tavern owners. The Department’s Publication 900, Your Responsibilities Under the New York State and Local Sales and Use Tax Laws, provides the key information to help you stay in compliance. Sales tax problems can often be avoided by being familiar with the Recordkeeping Requirements for Sales Tax Vendors. Failure to meet your recordkeeping requirements can expose you to sales tax assessments based on external factors having only a limited application to your business rather than your actual sales.

Gratuities and service charges do not only present Labor Law issues (see below), but they also have sales tax implications. The Tax Department has issued guidance explaining how state and local sales tax applies to gratuities and service charges. Tax Bulletin TB-ST-320 reviews these rules for determining whether to apply sales tax to these charges.

The popularity of Groupon and similar services has prompted the Tax Department to clarify how sales tax is to be addressed. TSB-M-11(16)S, explains the application of sales tax to the sale and redemption of prepaid discount vouchers that are generally purchased on-line from Web based companies.

More information on tax compliance is available at the NYS Department of Taxation and Finance website, www.tax.ny.gov.

Labor Law Compliance – Complying with the Labor Law is an important obligation of hospitality business owners. Being familiar with the laws and regulations applicable to your operation is critical to your bottom line and essential to a well-functioning business. The US Department of Labor’s Office of Compliance Assistance Policy has set-up a compliance assistance website with clear and easy-to-access information on how to comply with federal employment laws.

The New York State Department of Labor also has a robust set of resources to help you navigate the key labor law provisions.  They highlight the minimum wage law, the minimum wage law for tipped workers, the hospitality industry wage order, and the wage theft prevention act.

There are also requirements under the federal law you must comply with. For example, the U.S. Department of Labor recently published two updated workplace posters; the Federal Minimum Wage Poster and Employee Polygraph Protection Act Poster. These posters were published in July 2016 and required to be posted as of August 1, 2016.

Here are some useful links to address the most common labor law compliance issues experienced by restaurant and tavern owners:

Minimum Wage

Minimum Wage “Home Page”: http://labor.ny.gov/workerprotection/laborstandards/workprot/minwage.shtm

Minimum Wage Fact Sheet: http://labor.ny.gov/formsdocs/factsheets/pdfs/P700.pdf

Fast Food Worker Fact Sheet: http://labor.ny.gov/formsdocs/factsheets/pdfs/p716.pdf

Tipped Worker Fact Sheet: http://labor.ny.gov/formsdocs/factsheets/pdfs/p717.pdf

Fast Food Frequently Asked Questions: http://labor.ny.gov/workerprotection/laborstandards/workprot/MW%20Updates/fast-food-faq.shtm

Hospitality Industry Frequently Asked Questions: http://labor.ny.gov/workerprotection/laborstandards/workprot/MW%20Updates/MW%20Hosp%20ER%20FAQs.shtm

Minimum Wage Poster: http://labor.ny.gov/formsdocs/wp/LS207.pdf

Hospitality Industry Sample Pay Notice: http://labor.ny.gov/formsdocs/wp/LS48.pdf

Sample Pay Statement: http://labor.ny.gov/formsdocs/wp/LS49.pdf

Summary of Rates and Credits: http://labor.ny.gov/formsdocs/wp/Part146.pdf

Tips and Gratuities

Tips and Gratuities Frequently Asked Questions: http://www.labor.ny.gov/legal/counsel/pdf/tips-frequently-asked-questions.pdf

Tip Appropriation: http://www.labor.ny.gov/formsdocs/wp/LS204.pdf

Tip Pooling (see section 146.2.14 – 146.2.17):  http://www.labor.ny.gov/formsdocs/wp/CR146.pdf

Treatment of Administrative Charge Not Purported to be a Gratuity or Tip (see section 146.2.19): http://www.labor.ny.gov/formsdocs/wp/CR146.pdf

Other

Time Allowed for Meals: http://www.labor.ny.gov/formsdocs/wp/LS443.pdf

Guidance for the Hospitality Industry on Uniforms: http://www.labor.ny.gov/formsdocs/wp/LS400.pdf

Frequency of Pay Frequently Asked Questions: http://www.labor.ny.gov/legal/counsel/pdf/frequency-of-pay-frequently-asked-questions.pdf

Additional websites that you may find helpful are:

www.dol.gov

www.youthrules.dol.gov