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South Carolina Association of Convenience Stores

2nd Quarter 2010

What’s Inside...• Convention Promotion

• Spring Symposium • Recap Golf Classic Legislative Day Petro Show • Communciations . . . Booking it! • Retailer Spotlight • Supplier Spotlight

Spring Symposium Details

It’s The Law

SC hosts National Town Hall

Spotlight

Petro Show Success

Convention Details

Guess who we saw?

New Members

Golf Classic Has Sprung

A Worthy Goal Almost Reached

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In This Edition:

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Message from the SCACS PresidentDear Fellow Members:

Good news! The ethanol blending bill passed the senate on 3/11/10 but was vetoed by the Governor. Robert Adams is diligently working to secure the votes to override the veto. We are confident that we have overwhelming support for this legislation.

This piece of legislation is protective of every marketer and retailer in South Carolina. While the bill keeps the right of marketers to blend ethanol below the rack and earn the tax credit by being the blender of record and keeping the rin, it does not keep a marketer from buying ethanol from any terminal or from anyone at the rack. This bill will allow those who blend in South Carolina the opportunity to keep the money in South Carolina. This will help our states economy and keep more local jobs. This will be a victory that SCACS which it fought long and hard to win. Thanks to Robert Adams and to the members of SCACS who continue to work hard on our behalf.

Our April golf event is here and we thank all those who are supporting this event. Next is our Spring Symposium. I hope all of you will be in attendance. Also, our July convention is closer than you think. Please register for these events and come out to support SCACS and have some fun and fellowship. Leigh and her staff and every other member of the board stand ready to help and support our fellow members.

It is an honor and a pleasure to serve.

Thank youDavid Jordan

Executive DirectorLeigh Faircloth, CAE

SCACS StaffErin Eagerton

Katie Koon, CAELeigh-Ann McCune

Debra Williams

LobbyistRobert Adams803-261-3277

SCACSPO Box 11405

Columbia, SC 29211phone: 803-419-0804

fax: 803-419-4295email:

director@scacs.orgwww.scacs.org

Make the Right Moves Early in Your Business

You worked hard to create a successful, respected business. The opening moves of your exit strategy plan will ultimately help determine your final financial victory.

Many professional advisors suggest putting a succession plan in place at least five years before you intend to retire…ten years may be even better. In fact, some recommend that an exit strategy be built into the initial business plan.

Proper planning for your business and personal need should address:

Avoid a future business and make the first move now. To help assure financial security for you, your family,

It’s Our Business to Protect Yours®

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8 - 8:30 am Registration8:30 -- 10:30 am PCI Compliance Workshop10:30 - 10:45 am break10:45 - 11:45 am Tax Credit Program11:45 - 12:30 pm lunch -- supplier members invited12:45 - 1:30 pm Gas Drive Offs1:30 - 2:15 pm Unemployment Cost Control2:30 - 3:15 pm Risk Management3:30 - 4:15 pm Defending Yourself from Lawsuits4:15 - 4:30 pm closing session

We will have you on the road toward home by 4:30 pm.

What’s in it for me? That’s a common question when it comes to spending money and even spending your valuable time.

SCACS’s Spring Symposium will provide NOT ONE, NOT TWO, NOT THREE, FOUR OR FIVE BUT SIX edu-cational programs that will help you either save money and time and maybe even MAKE YOU MORE MONEY.

This year’s spring symposium is different in that it will feature a number of speakers and service provid-ers who are more than familiar with SCACS – they are members and/or suppliers and they know your “pains” first hand.

Spending May 4th with SCACS will be more than worth your money and time . . . it will provide you with the answer to the age-old question of “why should I be (continue to be) a member of SCACS.” The May 4th Spring Symposium will address everything from solutions to the problem of drive-offs to the secrets to success (and sanity) if your company is faced with liti-gation, and from PCI Compliance – what is it and why should I care to what you can do about it, to learning how to control your insurance premiums and how to handle an employee’s termination to reduce the likeli-hood that the employee’s unemployment benefits will be charged to the company’s unemployment reserve account.

As a bonus, there will even be a session on what tax credits are available to you as a c-store operator and how you can access them for your company. If you’d like more information on the individual speakers and or topics, feel free to check it out on the SCACS website and/or on our fan page on FACEBOOK. Or you can call the staff and they will be happy to talk with you about the event. SCACS staff can be reached at 803-419-0804.

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than 90 days. The Opportunity Wage applies only to new hires.

This sub-minimum wage is available to any employer regardless of size, and there are no forms or applica-tions to complete in order to take advantage of it.

U.S. Department of Labor - Wage and Hour Division To Increase Its Enforcement and Outreach Efforts

U.S. Secretary of Labor Hilda Solis recently announced that the DOL will launch a campaign in 2010 titled “We Can Help” to inform and educate workers about their rights under Federal Wage and Hour laws. Mrs. Solis is quoted as saying, “There is no excuse for employ-ers who disregard federal labor standards – especially those that are designed to protect the most vulnerable in the workplace. The failure to comply with these ba-sic labor standards means that workers are not receiv-ing the money they have earned.”The Department has hired an additional 250 new Wage and Hour investigators across the country, which rep-resents an increase in staff of more than one-third. The Department is also developing materials designed to reach workers to educate them about their rights.

Mrs. Solis says, “We will not rest until the law is fol-lowed by every employer, and each worker is treated and compesated fairly.”

The Assortment Your CustomersAsk For Is Even Stronger In 2010!

Nestle Ice Cream • 6431-D Reames Road Charlotte, NC 28216 • 800-664-3397 ext. 204 Dean.Davis@dreyers.com

Be Careful When Reducing an Employee’s Rate of Pay or Hours of WorkAs the recession drags on, companies are requiring employees to take pay cuts or work a reduced schedule to reduce on costs. Companies should not overlook various state wage and hour laws which require writ-ten notice to employees of changes in the rate of pay, hours of work, time of payday, etc. For instance, South Carolina state law requires a seven day written notice to employees before a reduction in promised wages can be made. A verbal notification is not sufficient even if the employee agrees to the reduction. Employers can be fined by the state for failing to provide the required written notice, and also for failing to pay all wages due, and can be required to go back and pay the employee at the former rate.

Sub-Minimum Wage RemindersThe federal minimum wage increased to $7.25 per hour effective July 24, 2009. Employers, however, may take advantage of the “Opportunity Wage,” which al-lows new hires under the age of 20 to be paid as little as $4.25 per hour for the first 90 days of employment. Employers cannot reduce the wages of current employees under age 20 who have been employed less

continued on page 10

HR Updates...New Year Reminders

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South Carolina hosts National Town Hall Meeting

In late February, close to 100 retailers and suppliers attended a town hall meet-ing in Greenville where NACS President and CEO Hank Armour gave an industry update and answered questions from those present. He used a powerpoint presentation outline that provided facts and stats from across the industry and across the country. That presentation is now located in the members only section of the SCACS website.

We thank those who attended and not only represented their companies but SCACS as well.

1144 Broadway Rd., Sanford, NC 27332-9793919-774-9444 • www.jtdavenport.com

Providing Unparalleled Service For Over 90 Years

Convenience Store SpecialistsConvenience Store SpecialistsOur mission is to sustain

planned, profitable growth with ourbusiness partners by providing superior

service and unique solutions whilecreating an environment for our

employees that encourages teamworkand innovative thinking

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Supplierspotlight

When and How did you get started with AccuTrak Inventory Specialists?

Vince and Judi Perrin, the founders of AccuTrak Inventory Specialists, have owned and operated busi-nesses for over 20 years each. After serving as a US Marine in Vietnam, Vince earned degrees in Business Manage-ment and Accounting at VA Tech Extension in Roanoke, Virginia. Judi studied at the University of North Carolina at Greensboro. Using her background in the arts, she opened and developed centers for teaching children. In 1989, Vince and Judi moved to Myrtle Beach where they owned several business ventures which capitalized on the increased tourist traffic each summer. During the winter months, they worked part time for a national inventory company and were both soon promoted to the posi-tion of supervisor. In 1993, they started their own inventory company to serve clients in the Myrtle Beach vicinity. Since 1993, Vince and Judi have conducted thousands of inventories for hun-dreds of clients. The Perrin’s felt there was a market for deliver-ing an accurate inventory using accounting principals--such as audit trails to verify inventory counts. This demand for accuracy has resulted in the creation of VoTrak.

What has been your biggest success?

Franchising the inventory business and developing VoTrak. VoTrak is the first application of voice recognition technology to be used in the inventory services industry. It integrates a collection of standard hardware and software and combines it with a proprietary inventory software application. The “old way” of conducting an inventory involves a 10-key machine that employees wear on their thigh. An employee will look at the inventory and count it with one hand while the other hand keys information into the machine. At the end of a section, the 10-key provides a total. The problem with the traditional 10-key method is that it can be error-prone and it provides no transparency into what was entered. New auditors require six weeks of intensive in-store training and time-consuming verification by supervisors before the results of their work are used in an audit.

VoTrak changes the way inventories are conducted. VoTrak eliminates the need to use 10-key machines thereby reducing the chance for errors and, more importantly, making it easier forfranchisees to find and train employees. VoTrak’s key features are:• Hands-free counting. Auditors wear wireless headsets that connect to a laptop running VoTrak. Auditors no longer need to worry about keying numbers into a machine on their thigh because they can speak the count into the VoTrak System. They have the hands free ability to climb around and look at hard-to-see places to make sure they count every piece of inventory.

• Verification of each count that was recorded. After each entry an auditor makes, the computer repeats the value stored in the database back to each auditor. If a mistake was made, it can be corrected on the spot.• Full report of every count and correction that was recorded. Employees, supervisors andeven customers can review the re-sults of the auditors’ work.VoTrak helps our franchisees recruit employees because the job pool of qualified candidates

What are the challenges you have faced in the industry?

Evolving with our customers demands for increased accuracy and detailed inventory data. AccuTrak is a small company work-ing hard to keep up with increased technology demands; we are looking for the perfect group to partner with. This partnership would develop the perfect inventory solution. Unfortunately we haven’t discovered the perfect partner. We are aware that our customers needs are constantly evolving and we are working hard to provide the data needed.

How did you become involved in SCACS?

Several years ago we attended the trade show. We were encour-aged by our current customers and prospective customers to join SCACS and over the years we have found it has been a great group to be involved with. We are the only inventory company who is a member of SCACS and who attends the annual trade show. We appreciate the members who recognize this and give us the opportunity to work with them.

What is your advice to fellow members about working through the economy?

We have found that customer service has helped our company grow. We strive to meet our customers’ needs.

Why is SCACS membership important to you?

Membership in SCACS allows you to draw on the knowledge of members who have been involved in the industry for years. The members are willing to help you develop your business and give guidance and direction.

Judi PerrinAccuTrak InventorySpecialists

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This year’s Petro Show hosted 424 retailers from South Carolina and was a success for SCACS as we were able to recruit seven new members during the event.

Two new retail members are actually old friends of ours and we’re glad to have them back: Terrill Tuten Anderson Oil Company Rhett Taber Short Stop 205

We also welcome five new supplier members: Hoke Whitworth, Tantus Tobacco Dewey Little, SellEthics Marketing Richard Bontwell, Sante Fe Natural Tobacco Jonathan McNeely, Tank Tech, Inc. Randy Horn, Starbuck Food Service

Mark your calendars now for next year’s show: March 2-3, 2011 at the Myrtle Beach Convention Center. This will mark the 30th Anniversary of the Show. How many have you attended?

By the way, congratulations to Charlene Bailey with Charlie B’s C-Store in Ninety-Six, SC. She wins one free night at the Hilton in Hilton Head (during the convention) and a Clemson Football package that includes two tickets to a Clemson home game this fall, hotel accommodations, a parking pass, invitation to a tailgate party and a signed Clemson football. Special thanks to Philip Trussell with Coca-Cola Consolidated and Jack O’Malley with Bountyland Food Service for making this package possible.

2010 Petro Show Another Success

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Make Your Plans NOWSCACS will once again be returning to the Hilton Oceanfront Resort in Hilton Head on Saturday, July 17-Wednesday, July 21. This year’s room rate is $224. If you would like to register on-line for your hotel room(s), you will need to use our group code of: SCS. Or you may call the hotel directly at 1-843-842-8000. It is much easier to get a room now and cancel later if you need to do so than it is to wait . . . so don’t wait! Call today.

HighlightsKeynote address by Bump Williams

Return of the Design Diva: Yolanda Mincey (for the spouse/guest program)

Participation by the Five Legislators

Participation by the Gubernatorial Candidates

New 50’s Custom Party

Entertainment by 2 (not one) of the funniest ladies on the stand-up comedy tour

Recognition of the Store Manger of the Year, Supplier of Year and Retailer of the Year

July

17-21

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Back by popular demand: Yolaunda Mincey returns to SCACS. This year’s spouse/guest program will be a session that includes a little Designing on a Dime, Creativity with Color, What’s your Design Style and Accessorizing for Impact. As in the past, there will be a very interactive Q&A Session with solutions for design questions.

11am – until Golf Tournament 11am – until Pro Demonstration and Tennis Program 2pm – 4pm Horseback Riding 12pm - 5pm Hospitality Suite Open 6pm – 11pm Children’s Program 6pm – 11pm Teen’s Program Evening Open *Dinner on your own 9pm – 11pm Ice Cream Social-Build Your Own Sundae/Banana Split/Milkshake 9pm – 11pm RETURN OF THE Live Auction with Celebrity Auctioneer

Tuesday, July 20, 2010 7am – 8:30 am Breakfast 8:30am - 5pm Children’s Program 8:30am - 5pm Teen’s Program 8:30am – 9pm Keynote Speaker-Bump Williams Bump Williams is a 29-year veteran of the Consumer Packaged Goods Industry, and after serving 16 years as the Executive Vice President and General Manager of IRI’s Global Consulting Division, he left in October 2008 to open his own consulting firm. Drawing on his vast experience, he will share with SCACS how “change” is at the core of all future strategies. He will discuss the three C’s of Change: including Convenience Stores as Money Makers, Consumer Shopping Habits and CPG Business Environment.

9am – 9:15am Coffee/Juice Break 9:15am – 10:20pm Legislative Program continues 10:20am – 10:45am Coffee/Juice Break10:45am – 11:45am SCACS General Meeting 12:30pm - 1:30pm Picnic Lunch 12pm - 5pm Hospitality Suite Open 1:30pm - 5pm Reminiscing at the Pool6pm – 11pm Children’s Program 6pm – 11pm Teen’s Program 6:30pm – 7:30pm Cocktail Reception 7:30pm - 9pm Dinner & Awards 9pm – Midnight 50’s Party: Come Dressed to Impress 9pm – Midnight Coffee & Cordial Lounge

Wednesday, July 21, 2010 8:00am – 12 Noon Departure *Schedule is subject to change as necessary to accommodate our legislators and other special guest appearances

Draft Schedule

Saturday, July 17, 2010 12pm – 4pm Board of Directors Luncheon Mtg5:30pm – 11pm Children’s Programs 5:30pm – 11pm Teen’s Programs 6:00pm – 6:30 pm Board & Diamond/Platinum Sponsors Reception 6:30pm – 8pm Board & Diamond/Platinum Sponsor Appreciation Dinner 8pm- 9:30pm Dessert & Coffee Bar

Sunday, July 18, 2010 1pm - 5pm Registration6pm - 7:30pm Family Photo Shoot 6:15pm – 11pm Children’s Program 6:15pm – 11pm Teen’s Program 6:30pm - 7:30pm Cocktail Reception 7:30pm - 8:30pm Dinner 8:30pm – 9pm Welcome & Awards Store Manager of the Year Recognition Retailer of the Year Recognition Supplier of the Year Recognition

9pm – 10:30pm Entertainment by Two for the Road – A Comedy Show Comedy veterans Karen Morgan and Nancy Witter will bring to SCACS a uniquely funny evening of stand-up comedy, story swap-ping, joke telling and audience interaction. The most fun you can have without getting a hangover, these ladies leave ‘em laughing in theatres all across the country. Every performance is a party! 6:30pm – Midnight Live Auction Preview 10:30pm – Midnight Coffee & Cordial Lounge

Monday, July 19, 2010 7:30am – 8:30 am Late Registration 7am – 8:30 am Breakfast 8:15am - 5pm Children’s Program 8:15am – 5pm Teen’s Program 8:30am – 8:45am Welcome – President Jordan 8:45am – 10:30pm Legislative and Gubernatorial Candidate Pro-gram* SCACS plans to invite both candidates for Governor to participate during the convention. Based on their schedules, the format may include two separate sessions. Also, SCACS will have a number of legislators participating throughout the conference in various for-mats. The names and formats will be announced as they are set.

10am – 10:30pm Coffee/Juice Break 10:30am – 1pm Spouse Program – The Design Diva Returns!

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The U.S. Department of Labor – Wage and Hour Division collected $185 million dollars in back wages owed to 228,645 employees in the fiscal year ending 2008. Overtime violations accounted for eighty-eight percent of the back wages. The overtime rules require employ-ers to pay employees one-and-one-half times their rate of pay for any hours worked over 40 in a seven day workweek. Overtime pay is designed to discourage companies from working people more than 40 hours a week by requiring the employee to be paid 50% more for the hours worked over 40.

Overtime pay is not just required for hourly paid employees. Salaried and commission-paid employees can also be entitled to overtime pay. One of the more common mistakes employers make is misclassifying an employee as exempt from overtime and paying him or her a guaranteed salary or commission. While certain salaried and commission-paid employees may be exempt, the requirements for these exemptions are complex and are narrowly construed by Wage and Hour compliance investigators as well as the courts.

Another common violation is failure to pay employees for all hours worked. Examples include violations such

as requiring employees to work “off the clock” where they are not getting paid, changing an employee’s recorded time punches to pay the employee for fewer hours than he or she actually worked, docking employ-ees for meal periods they do not take, or simply having “sloppy” time records where employees routinely fail to clock in or out.

It doesn’t pay to gamble when it comes to complying with Wage and Hour Regulations. All it takes to trig-ger an investigation is for one disgruntled employee to file a complaint with the Department of Labor. The Department will not limit the investigation to that one employee’s complaint, but will examine the payroll records for all employees for up to the past three years.

If you have questions regarding any of the topics covered in this Information Release, you may contact our firm, Sloan, Montgomery, Gregory & Hall, Inc., at (803) 782-9246.

This bulletin is provided as a service to clients and is only to give information of a general nature. It is not intended as, nor should it be considered, legal advice or opinion.

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Closing Date: 12.11.9QC: RR

Pub: SCACS

At a recent food show, SCACS board member Bonnie Arnold posed with long time asso-ciation member Bob League owner of Handee Mart Food Stores in the upstate. Mr. League said he was pretty sure that he was one of the associa-tion’s first members.

SCACS President David Jordan (r) poses with member Bob Layman from Neighbors LLC located in Bluffton.

Sherry Pooley with Wil-coHess and her husband and son stop by the SCACS Booth to thank the asso-ciation for its scholarship program. Cory is one of 19 applicants vying for scholarship support in 2010. See related story on page 14.

Look Who We Ran Into At the Shows....

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Good News...

A Little Extra Goes a Long

Way

Thank you to Kenrick’s Con-venience, Little Giant Food Stores, Inc., Surfside Shell and WILCOHESS for adding a little extra to their dues renewal for the SCACS PAC. Every little bit helps and a little extra does go a long way.

It’s never too late to participate.To participate, email SCACS Executive Director @ director@scacs.org or call SCACS headquarters at 803.419.0804.

www.collinsandlacy.com

Attorneys who know

ColumbiA1330 lady St., Sixth

FloorColumbia, SC 29201

P: 803.256.2660

Greenville37 villa road,

Suite 500Greenville, SC

29615P: 864.282.9100

myrtle beACh

1500 hwy 17 nSuite 204

Surfside beach, SC 29575

P: 843.477.0500

GAS FOOD EXPERIENCE

Dedicated C-Store representation. meeting your legal needs in: • General liability • Workers’ Compensation • employment law • regulatory issues

New Members

The association wouldn’t exist without members and this year a number of our members allowed SCACS Staff members to attend their food shows and recruit the many retailers visiting the shows. Thank you to JT Davenport and Sons, HT Hackney, and Thomas and Howard for sharing their reputa-tions and shows with SCACS.

The following were recruited at these events:Henry Goodwin, Henry’s Travel PlazaBrent Drake, Stop-A-MinitVijay Taloni, Homewood DepotBalu Patel, Quick Food MartMac Horton, Saluda Quick StopRicky Bone, Beverage Depot

Other new members; welcome John Crain, Blue Rhino CorporationDebra Swiderski, S&J Distributing LLCTyson Gerald, The Rivertown Depot, LLC.

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SCACS’ Spring has Sprung ComCentral PrepaidCore-Mark InternationalEagle TransportEby Brown CompanyFederated InsuranceFrito-Lay, Inc.Geiger O’Cain AdvertisingGolden FlakeHackney Service Merchandisers, Inc.J. T. Davenport & Sons, Inc.Lance SnacksMR WilliamsPepsi Bottling GroupPET DairyRapid XChangeR.L. Jordan Oil CompanyRoyal Cup CoffeeS & D Coffee, Inc.Seattle’s Best/Starbucks CoffeeThomas & Howard Company, Inc.WILCOHESS, Inc.

The SCACS Golf Classic is an annual passage into spring, and this year’s tournament was a sold-out event with the maximum number of teams and tons of sponsors and supporters. Thank you to the following companies who will make the tour-nament EVEN MORE FUN with the many treats, amenities and games.

2010 SponsorsBeverage Cart Sponsor: Anheuser-Busch, Inc.Breakfast Sponsor: Grand Strand Sandwich Co., Inc.Lunch Sponsors: MillerCoors, Cheerwine, American Snuff Company, LLCPutting Contest Sponsor: Nestle Ice Cream

2010 Hole SponsorsAmeriGasCoca-Cola Bottling Co. Consolidated

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A Worthy Goal: SCACS Scholarships

So far we have received 19 applications for the SCACS Scholarships, and the deadline is May 15. Applica-tions are available online at www.scacs.org if you need one; there is still time.

We are only $400 from reaching our $10,000 goal. Thank you to the following companies for helping us toward our goal and more importantly, for helping these worth students whose families work in our industry.

Anheuser Busch

American Snuff Company, LLC

Bountyland Foods Service, Inc.Cline and Associates

Core-Mark InternationalCrenco Food Stores, Inc.

Hackney Service Merchandisers

Geig

er

Hess Corporation

JT Da

venport

Kenricks Convenience StoresLance Sna

cks

Piedmont Petroleum Corp

RL Jordan Oil CompanyS & D Coffee, Inc.

Sav A Step LLC

Surfs

ide S

hell

WilcoHess

MillerCoors

2010 Awards for Convention:It’s time to submit nomination for the following awards to be awarded at our convention: Store Manager of the Year Retailer of the Year Supplier of the Year

Go online at www.scacs.org to download the Nomination Form or call SCACS headquarters at

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South Carolina Association of Convenience StoresPost Office Box 11405Columbia, SC 29211www.scacs.org

Become a fan on

Victory JunctionCampaign Soars in 2010

We are anticipating a huge victory for the c-store industry and the very special children who attend this camp.

The 2010 Victory Junction campaign is currently under-way. It ended, the last day of March. Currently, Hess Mart is in the lead raising more than $16,000 for Victory Junction.

The rumor is that this year’s total will be more than four times the amount raised last year of $34,000 . . . that could mean more than $120,000. Stay tuned for more information, and an update of the amount raised for Victory Junction kids.

Get Caught Up with SCACS . . .Have you gotten caught up in our new web site? The newly, redesigned web site is up and running and many members are using it, but you must know your pass-word. Call (808-419-0804) or e-mail staff (director@scacs.org) if you need your password.

Social NetworkingSocial networking . . .we already know that our mem-bers know how to network and how to be social . . . but put the two together and you get SCACS Fan page on FACEBOOK. This is another way to get “caught up” with your friends and colleagues at SCACS. Have you joined? You can connect directly from the front page of the newly, redesigned web page. You will be notified about upcoming events and given updates on a weekly basis.