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Road Warrior Newsletter
 


 

March 1, 2018

Dear NJGCA Member:

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

Here is what you will find in this edition:

EXECUTIVE DIRECTOR'S MESSAGE:
• Menthol Cigarette Ban; C-Stores Be Aware of Threatened Lawsuit; NJGCA Environmental Summit; Community Right to Know Survey Update; Update - Below Cost Selling Lawsuit
 

NJGCA CLASSIFIEDS
- Monmouth County: Gas Station and Repair Shop Business Since 2001
- Asbury Park: Commercial Building for Sale. Possible Sale of Business
- Bergen County: Shell Gas Station with 6-Bay Repair Shop for Sale

NEWS AROUND THE STATE

• US will overtake Russia as top oil producer by 2019, says the International Energy Agency

Gas Prices Trend Downward

Advocates renew push for statewide earned sick leave
Can Advocates Sell A $15/Hour Minimum Wage To New Jersey?

TRAINING CLASS SCHEDULE!
• Section 8,9 & 10 Re-Certification Class, MONDAY, March 5th; TUESDAY, March 13th, THURSDAY, March 15th, & MONDAY, March 19th

MEMBER BENEFIT PARTNER MESSAGE BOARD
• The Amato Agency: Garage Insurance and Workers Compensation! 
• ATS Environmental: Confidence in your Tank & Compliance Testing

• Bellomo Fuel: Exceptional Service, Aggressive Petroleum Marketing
• CBIZ Insurance: Our Business is Growing Yours!

• Gill Energy: Getting you There!
• Lending Capital: "Commercial Loans Made Easy" Program
• Salomone Brothers: Tank Testing and Environmental Compliance
• TMP Energy Solutions: Another Way to Save On Your Energy Bills

POLITICAL PARTICIPATON: THE NJGCA PAC
• Participate in the NJGCA PAC today and help us keep our Agenda rolling in Trenton!

Energy Information Agency Weekly Retail Gasoline Prices

JOIN NJGCA ON FACEBOOK -- CLICK HERE
TO SEE OUR YOUTUBE CHANNEL -- CLICK HERE

                                                                                                                                       

EXECUTIVE DIRECTOR'S MESSAGE:

MENTHOL CIGARETTE BAN
C-STORES BE AWARE OF THREATENED LAWSUIT
NJGCA ENVIRONMENTAL SUMMIT 
COMMUNITY RIGHT TO KNOW SURVEY UPDATE
UPDATE- BELOW COST SELLING LAWSUIT

I wish I was still on vacation as I returned to a crazy firestorm, one that I have never experienced in 40 plus years in this business. There is a lot going on this week so please take some time to read since much of this is important, especially if you operate a convenience store.
 
A few weeks ago, I talked about the menthol cigarette ban legislation that was passed in the Senate Health Committee and created by Assemblyman Herb Conaway. Herb Conaway is a medical doctor who takes every opportunity in the legislature stop the use of tobacco products. The bill did pass his committee which is no surprise, however, it has now been referred to the Senate Appropriations committee. The chairman of that committee, Assemblyman John Burzichelli, completely understands that while smoking menthols is harmful, if we ban them in New Jersey the state will lose approximately $320 million per year in lost cigarette and sales taxes. Of course, our concern here at NJGCA are the revenues that you lose in your stores because of lost cigarette sales and the sales of products that are purchased along with tobacco products (coffee, sandwiches, etc.). I have a certain degree of confidence that no matter how much the legislature and general public dislike tobacco products, our government does not have the stomach to lose $320 million in revenues. They don’t care how much you will use, but because they will be losing substantial revenues, they will be paying close attention before taking any action. It is important that YOU engage your customers that purchase menthol cigarettes. I am asking you to ask your customers to do two things:

  1. Contact their legislator and let them know that they would like them to oppose any efforts in the legislature to ban menthol cigarettes. I have made provisions for your customers to utilize the NJGCA VoterVoice system that is normally reserved for members to contact their legislators. We have also made a flier that includes the link to our VoterVoice system, so they may easily contact their legislator with a pre-written message. Please print this flier and hand to every customer that purchases menthol cigarettes. Click here for the flier.
  2. We have also produced a petition that you should ask every customer that purchases menthol cigarettes to sign. Keep a supply of these on a clipboard at every cash register. Please have your customers sign this until I send you a notice saying that this issue is dead. Keep the petitions in your possession until we need them and then you can mail them here to NJGCA H.Q. Click here for the petition.

 
Check back to our new page at www.njgca.org/menthol-cigarettes for more updates on this issue.
 
Next item on the agenda is something that in the forty years I am in this business I have never encountered. It seems that many New Jersey convenience stores have received a certified letter from a law firm in California notifying them that they plan to file a lawsuit because they are selling illegal male enhancement products. Apparently, the basis of the lawsuit is that they believe you are selling products which are illicit, counterfeit, or otherwise infringe on the products of their clients, which in this case is Outlaw Labs. Further, it also appears that they have filed similar lawsuits to the one referenced in the draft complaint that was enclosed with the certified letter. After reading and digesting this 25 page legal document, I concluded that this was probably either a joke or a scam. However, my job is not to ignore things like this, so I immediately consulted with the NJGCA attorney who began looking into this and upon further investigation, has sent me a written opinion that “no this is not a scam and needs to be addressed properly.” Since this is actually a serious matter, it will require additional research; I will report back to each of you with more information as it comes in. For now, if you have received a certified letter demanding a settlement of $9,765 (or more), it is important that you contact me immediately. It may be necessary for me to convene a meeting for all those who have received this letter. This will require the proper legal response; you might have seen my Wildfire Alert yesterday on this issue, so please be alert for any additional messages I send on this as I will need your immediate response. I have included the first six pages of the 25 page document here.
 
As you all know, the Department of Environmental Protection (DEP) has established new UST rules. These rules are burdensome and complicated and I am concerned that members need to be properly informed about them, or they will be subject to extremely costly fines and penalties. On a positive note, you should already be aware that NJDEP has also come up with new rules that allow you to decommission your Stage II Vapor Recovery systems. However, these rules too may be difficult to understand and must be followed correctly or you will be subject to fines and penalties. Of course, we have also made you aware for the past year that you will be required to implement a Class A/B and C operator training program for each of your UST locations. NJDEP has agreed to conduct a one-day seminar on these three important subjects. More details will follow, but for now, please mark your calendars for April 17th, so that you can attend this event. It will be held at the Imperia in Somerset, NJ, from 8:30 AM until 3 PM, with breakfast and lunch included.

Repair shops pay attention here. Please note that we have updated the Community Right to Know guidance document to include motor oil and antifreeze. You can find that document here.

For the past year NJGCA has been involved with helping the NJ Attorney General defend the “Below Cost Selling” laws that have been on the books for over half a century. Yes, we have defended this law many times over the past 10 years in the legislature, but never in the courts. As a result of a complaint filed by NJGCA in late 2016 against several locations that were selling gasoline below cost, one of the targets of our complaint, Speedway, filed a lawsuit against the State of NJ last February, claiming that the below cost selling law was unconstitutional. NJGCA and our friends at FMANJ assisted the NJ Attorney General in defending the lawsuit and then won round one with a victorious decision in August 2017 when a Superior Court judge ruled in our favor to dismiss the Speedway claims. As expected Speedway filed an appeal.

Over the last few months, I along with my colleague from FMANJ have worked with NJGCA attorney Frank Brennan and FMANJ attorney Bob Bassman, to once again assist the NJ Attorney General in defending the appeal. Together, the two associations have petitioned the court to file an “Amicus” as a “Friend of the Court” with an interest in the outcome of the decision. All briefs have been submitted and since they are now a matter of public record, I can now share them with you, even though the Appeals Court has not rendered a decision. Should you have the time and desire to do so, for those of you with any legal minds, I have included all of the briefs submitted to the court.  Grab a cup of coffee and happy reading. Speedway Appellate brief click here, State of NJ Appellate brief click here, NJGCA/FMANJ substantive brief click here.

That’s it for now,
Sal Risalvato
Executive Director

 

                                                                                                                                     

TRAINING CLASSES!!

All classes held at NJGCA HQ -- 4900 Route 33 West, Wall Township, NJ 07753
ETEP Re- Certification Class: Sections 8,9 & 10
Section 8: Monday, March 5th
Section 9: Tuesday March 13th & Thursday March 15th
Section 10: Monday, March 19th
2:00 PM to 10:00 PM

Do you have an emission repair technician that needs re-certification? We are offering sections 8-10 classes this march! This four day class meets NJ DEP's requirements for re-certification. Member rate: $675 & Non-Member rate: $795 Call our office if you need more information. 
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:

Business For Sale: Monmouth County gas station and repair shop in business since 2001 is for sale. Owner is relocating out of state and is interested in selling business and equipment. Owner is open to limited financing. Business has a strong 10 year lease. The building has two repair bays and the gas pumps are leased to a large independent tenant. Repair shop business currently employs a Manager and two full-time Technicians. For inquiries and more info, please call Mark at 908-670-7798.
 

FOR SALE:
Commercial Building in Asbury Park, Possible Sale of Business, Too!  For listing information, please click HERE.
 
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.

         
 

                                                                                                                                     

NEWS AROUND THE STATE: THE NEWS YOU SHOULD KNOW

2/27/18
US will overtake Russia as top oil producer by 2019, says the International Energy Agency
The United States will overtake Russia as the world's biggest oil producer by 2019 at the latest, the International Energy Agency (IEA) said on Tuesday, as the country's shale oil boom continues to upend global markets. U.S. crude oil output rose above 10 million barrels per day (bpd) late last year for the first time since the 1970s, overtaking top oil exporter Saudi Arabia. The U.S. Energy Information Administration said early this month that U.S. output would exceed 11 million bpd by late 2018. That would take it past top producer Russia, which pumps just below that mark.

 
2/26/18
Gas Prices Trend Downward
On Monday, Feb. 26, the national average price of gas stood at $2.52, the least expensive it has been all month. For the month of February the national average is $2.56—29 cents greater than the national average in February 2017, AAA reported. Since the previous week, gas prices has dropped one cent.
 
2/26/18
Advocates renew push for statewide earned sick leave
State legislation to enact a statewide earned sick leave plan initially stalled for four years in Trenton, but a renewed push is bringing this issue back to into the spotlight. The bill says workers can earn one hour of paid sick time for every 30 hours worked, up to five days for businesses with ten or more employees, or three days for smaller businesses. It exempts seasonal workers. New Jersey’s Business and Industry Association noted, “Any statewide paid sick leave law should preempt all local ordinances and allow employers the flexibility to establish policies that best meet their business needs.”

2/26/18
Can Advocates Sell A $15/Hour Minimum Wage To New Jersey?
The minimum wage in the state has risen to $8.60 per hour, thanks to the indexing provision of the 2013 amendment, but advocates for workers say that's not enough. They are pressing for a $15.10 per hour minimum wage to be phased in over four years, and they appear to have the support of Christie's successor. The business community remains adamantly opposed to such a hike - particularly one that will be phased in this quickly. Both the New Jersey Business & Industry Association and the Chamber of Commerce are on record of saying that it will force business, most likely small business, to cut staff. Proponents dismiss this charge, saying it will bring more money into the economy.
                                                                                                                                                                                          
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. 
                                                                                                                                     
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 reflective of self-serve everywhere except NJ.