GHRA Chronicle
2011 - 4th Quarter Publications
Steps to Take When a Relative Passes Away
The passing of a relative can be one of the most traumatic and emotional times in a person's life. When dealing with the loss of a loved one, an individual must frequently wade through a number of complex legal and financial issues that arise. This can quickly become an overwhelming and time consuming undertaking. The survivors are met with a number of difficult and life changing decisions, which may be exacerbated if the deceased relative made most, if not all, of the financial decisions and relayed little information to others, such as their spouse or their children.
Which Business Entity is Right for You?
There are many different types of business entities, each having their own advantages and disadvantages. This article intends to define and explain some of the most common entities. Since people have different goals and circumstances, it is important for one to know which option is the best fit for his or her business.
Special Notice on Meter Tampering
Meter tampering is strictly forbidden by your local Transmission and Distribution Service Provider (TDSP). The only person/agency that can work on and/or service your electricity meter is your local TDSP. If your TDSP determines that the meter at your premise has been tampered with and/or that theft of service has occurred, a switch hold will be placed on the meter. A switch of electric providers cannot be completed for a premise with a switch hold. In other words, you cannot switch your service to a different provider until the switch hold has been removed. This is the result of new Public Utility Commission rules implemented on July 1, 2010 to deal with the growing problem of meter tampering and theft of electric service in Texas.
Once the TDSP has placed a switch hold on a meter, all fees related to the meter tampering plus any usage previously not billed as a result of tampering or theft must be paid in order to have the switch hold removed. The fees include any costs related to repairing or replacing the meter and any other equipment.
Grocery and Convenience Stores: Taxable and Nontaxable Sales
Retailers must collect state sales tax on all taxable items. Depending on your location, you may also be required to collect local tax for cities, counties, special purpose districts or transit authorities. This document was prepared by Susan Combs, Texas Comptroller of Public Accounts and has explanations of the taxable/nontaxable item groups, as well as a thorough contact list for related matters, of interest to Convenience Store owners/operators.
Announcement regarding Inspections by the Texas Department of Agriculture
Nov. 11, 2011
Members,
Effective Dec. 1, 2011 the Texas Department of Agriculture will start going out to all locations to run inspections.
If you have any dispensers that are tagged and have not been repaired please try to get it taking care of immediately. TDA will fine penalties to any locations that do not have any weights and measurement stickers placed on the pumps. Any forms of TDA that have not been submitted by Nov. 30, 2011 will result in penalties as well. The state will also be looking for new dispensers that have not been registered.
If you need any more information please contact a License service company registered with the Texas Department of Agriculture for further assistance.
Definitions and Other Regulations Relating to Prepaid Access Released
The Financial Crimes Enforcement Network ("FinCEN") is issuing these Frequently Asked Questions ("FAQs") to assist providers and sellers of prepaid access in understanding the scope of the final rule imposing certain recordkeeping and reporting requirements under the Bank Secrecy Act (the "BSA"). The Prepaid Access Final Rule (the "Rule") was issued July 29, 20111 and has generated many questions. These FAQs are intended to provide interpretive guidance for the Rule; they do not supersede or replace any part of it.
Tax Compliance - Fundamental Customer Service
The GHRA Board of Directors invited Tony Luna, the Texas Comptroller's Audit Division Director, to GHRA's offices to continue positive talks that will further enhance Texas tax law compliance. Amin Mohd, a Settlement Specialist in the Comptroller's Office, joined Mr. Luna. The Comptroller is the chief tax collector, public accountant, revenue estimator, and treasurer for all of state government. The meeting included leaders from the other affiliated trade associations the Northern Texas Trade Association, South Texas Merchants Association, and the Greater Austin Merchants Association representing the other major Texas metropolitan areas.
2011 - 3rd Quarter Publications
K2 Sale Is A Criminal Act
Police, law enforcement investigators, and sheriff deputies will be looking for indications that retailers possess or may sell K2, Spice, Genie, Fire & Ice, or Zohai. Anyone caught manufacturing, selling, or possessing the illegal substances will face criminal drug charges, fines, and jail time.
SB 934 Punishes Sales Tax Cheats Same as Theft
When a consumer pays sales tax, he or she does so trusting the retailer will forward that money to the state. When an unscrupulous retailer obtains that tax money, then breaks the trust by intentionally failing to remit that money — perhaps keeping, investing, or spending it — the consumer and the entire state are victimized. SB 934 dramatically raises the stakes for anyone caught defrauding Texas taxpayers in this way.
TABC features GHRA President Hassanali Momin's "Thank You" letter to their website
President Hassanali Momin wrote a letter of appreciation to the Texas Alcoholic Beverage Commission (TABC), which is featured on their website. Here's an exerpt:
"On behalf of thousands of convenience stores across the state of Texas I want you to know of the profound appreciation that our employees, owners, and investors have for the fine leadership delivered by Allan Steen, Administrator of the Texas Alcoholic Beverage Commission."
Texas Department of Agriculture Unveils New Fuel Dispenser Sticker and Weights & Measures Certificate
The Texas Department of Agriculture (TDA) is releasing a new Consumer Identification Sticker and Weights & Measures Certificate next week. The new stickers and certificates must be posted by September 1, 2011. Each fuel dispenser / meter registrant will receive a package from TDA containing a new Weights & Measures certificate and Consumer Identification Sticker in the mail. The package will contain enough stickers based on the type and number of devices registered at the facility.
Coca-Cola® and Greater Houston Retailers Association team
up to award $30,000 in scholarships to local students
Paying for college in Houston just got a little bit easier thanks to the Greater Houston Retailers Association (GHRA), Coca-Cola and the Hispanic Scholarship Fund (HSF). The organizations are awarding $30,000 in scholarships to 17 deserving Hispanic students to ease the financial burden of attending college.
Weights & Measures Enforcement Guidelines
This filing updates the Texas Department of Agriculture Weights and Measures Enforcement
Guidelines and the Weights and Measures Penalty and Sanction Matrix (matrix) accomplishing
two primary purposes – 1) implementing a zero-tolerance policy for failure to register weights
and measures devices; and 2) enhancing numerous weights and measures penalties to further
deter non-compliance.
Contract Clauses - What every business owner should know
When two parties enter into a contract they create a legally enforceable agreement based on mutual obligations and understanding. Within a written contract, there are often numerous legal terms and conditions that may seem overly confusing or complex for an average person to understand. Rather than ignoring or skipping these sections, it is extremely important to fully read and understand what they are detailing.
Why everyone should have a will
A will is a legal declaration that details the management of the estate and the transfer of one's assets upon death. The State of Texas has laws of descent and distribution that govern the distribution of your property if you happen to die without a will. Your property does not pass to the state. Sometimes the individuals that inherit, according to state law, are the same you would provide for under your will, but not always. When you die with a will, the beneficiaries named under your will inherit your property exactly as you specify. This is why it is important for adults to create a will since death is usually unexpected.
2011 - 2nd Quarter Publications
Azim Momin, named as one of the top Nederland graduates
Momin, 18, has dreamed of being at the top of his class since his freshman year and earned a 4.4438 grade point average. He plans to attend the University of California, Berkeley, and major in environmental engineering.
Guidance for FDA and Tobacco Retailers
This guidance document is intended to describe FDA’s current policies with respect to civil money penalties and no-tobacco-sale orders for retailers who violate Federal Food, Drug, and Cosmetic Act (“FDCA”) (21 U.S.C. 301 et seq.) requirements relating to tobacco products, including the requirement that tobacco products may not be sold or distributed in violation of FDA’s “Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents.”
2011 - 1st Quarter Publications
Message from the GHRA President
GHRA President Hassanali Momin discusses what was accomplished in 2010 and what we are doing in 2011 to maintain our momentum.
TABC approves reformulated products related to caffeinated malt beverages
The Texas Alcoholic Beverage Commission (TABC) has approved reformulated versions of the flavored malt beverage Four Loko, which no longer contain the stimulant caffeine. The reformulated versions of Four Loko, manufactured by City Brewing DBA Drink Four Brewing Co. (Phusion Projects), are now available for sale and distribution in Texas. Reformulated versions of Crunk manufactured by Cold Springs are currently pending approval, while applications for reformulated versions of Joose and Core are expected in the near future. New Century Brewing has ceased production of Moonshot, while United Brands Company has ceased production of Max and 3Sum and has no plans to reformulate these caffeinated malt beverage products.
Legislation Targets Payday Lending
State Reps. Tom Craddick and Eddie Rodriguez are a political odd couple united by their legislation that payday lenders say will put them out of business.
Craddick is a Midland Republican, former speaker of the House and 42-year legislative veteran with a pro-business background. Rodriguez, an Austin Democrat beginning his ninth year in office, is an advocate for the poor with a strong pro-consumer record.
They have filed identical legislation, however, because of reports that lenders making short-term loans are legally sidestepping interest rate caps by charging fees that can push annual interest rates above 500 percent . Sen. Wendy Davis, D-Fort Worth, is carrying legislation in that chamber.
TABC approves reformulated products related to caffeinated malt beverages
The Texas Alcoholic Beverage Commission (TABC) has approved reformulated versions of the flavored malt beverage Four Loko, which no longer contain the stimulant caffeine. The reformulated versions of Four Loko, manufactured by City Brewing DBA Drink Four Brewing Co. (Phusion Projects), are now available for sale and distribution in Texas. Reformulated versions of Crunk manufactured by Cold Springs are currently pending approval, while applications for reformulated versions of Joose and Core are expected in the near future. New Century Brewing has ceased production of Moonshot, while United Brands Company has ceased production of Max and 3Sum and has no plans to reformulate these caffeinated malt beverage products.
2010 - 4th Quarter Publications
TABC Authorizations for Credit Exchange of Caffeinated Malt Beverages
After implementation of the statewide voluntary removal of caffeinated malt beverage products, the Texas Alcoholic Beverage Commission (TABC) received numerous inquiries from industry members asking the Agency to reconsider its position on industry reimbursement alternatives. The agency met with affected industry members and discussed options to recuperate financial losses resulting from the voluntary efforts. This bulletin is intended to provide guidance to the industry for seeking reimbursement.
TABC partners with alcoholic beverage industry to halt sales of caffinated malt beverages
On November 17th, 2010, the FDA announced that caffeinated malt beverages are unsafe and pose a public health concern. As a result of the FDA's findings and in an effort to proactively address public safety, TABC initiated its progressive action in partnership with Texas distributors, wholesalers and retailers to remove these unsafe products from the Texas market place.
Effective immediately, TABC is seeking voluntary compliance from Retailers, Wholesalers and Distributors to immediately cease sales and remove all caffeinated malt beverages from the Texas Marketplace. In addition to the list identified by the FDA which includes Four Loko, Joose, Max, Moonshot, Core High Gravity HG, Core High Gravity HG Orange and Lemon Lime Core Spiked, the following brands have been identified by the TABC and are included in the removal request: 3Sum, Crunk Juice, Evil Eye, Liquid Charge, Riccochet and Rize.
2010 - 3rd Quarter Publications
New Texas Law - Prepaid Wireless Telecommunications Fee
Information on the recent prepaid wireless telecommunications fee which began on June 1, 2010.
2010 - 2nd Quarter Publications
New Texas Law - Prepaid Wireless Telecommunications Fee
Information on the recent prepaid wireless telecommunications fee which began on June 1, 2010.
Swipe Fee Grassroots Letter to Members
A plea to our members regarding tighter regulations on Credit Card companies and Financial Institutions specifically as it pertains to swipe fees.
Fire Standard Compliant Cigarette Law
As of the beginning of the New Year, on January 1, 2010, all cigarettes sold in Texas must be certified as "fire standard compliant." Convenience store retailers may continue to sell existing cigarette inventory if the state tax stamp was affixed to the cigarettes before January 1, 2009.
Fire standard compliant cigarettes will have a special marking - normally the letters "FSC" - on the package to indicate compliance with the law and fire standards