SF's 10 Cent Restaurant Take-Out Bag Ordinance - Another Stupid Law from Your City Government

The San Francisco city government is going to regret this...

Starting this Tuesday, October 1, 2013, a city ordinance will now require all food establishments to stop giving out plastic bags, and all delivery and take-out bags will cost a minimum of 10 cents each.

Due to the end of plastic bags, food establishments can only give out: paper bags with a minimum 40% post recycled user content (most commonly used), compostable plastic bag, or a washable checkout bag that can be used more than 125 times (e.g. cloth bag).

But there are a few exceptions that has no ten cent charge that I'll highlight: Bags for things like bulk foods, candy, and to serve popcorn are exempt.  A bag used to contain seafood, meat, and frozen items.  A plastic bag is acceptable to seal items to prevent damage, mostly liquid items like soups and curries.  Lastly, there is no fee if you receive a doggy bag for your leftover food.

It Hurts Businesses
What does this mean for our city's restaurant establishments?  For those that has mostly dine-in patrons, the law won't impact them as badly because as I stated before, a doggy bag for leftovers is free.

But for those whose business is a majority of take-out, delivery, owns a bakery, or a fast food establishment, this bag law will be a problem.  It casts a negative aspect that every time a patron comes to order a meal, they will be forced to surrender an extra ten cents, by law, just so they can bring it in their office or bring it home to feed their family.

I'm predicting that if the ten cent bag law casts huge negative attention, people will stop going to establishments that exclusively depends on giving customers a bag to take their food items, baked goods, and their burger.  And what does that mean to everybody?  Businesses will lose their loyal customers, businesses will lose profits, the city and state will have less tax revenue to receive, and with less tax money coming in, less money can be spent by the government for the services used by the public.

Fast Food Restaurants Will Take a Hit
Take a look at McDonalds and Burger King, a majority of their restaurant patrons take it to-go.  I feel a lot of patrons will be grumpy that they are forced with the choice of eating-in (if they have the time), bringing their own bag which will then get all greasy and sticky, or fork over the ten cents in the name of greedy city government stupidvisors.

The 10 Cent Bag Law when comparing a Restaurant versus Grocery Store
When you compare food establishments versus grocery stores, there's a big difference with the 10 cent bag law.  At least when you buy groceries, bringing your own bag is fine because the products you buy are unlikely going to leak or stink up your bag.  But if you buy hot food items from a restaurant, bringing your own bag is a horrible idea because the smell of the food might stay into the fabrics, it might leak and make a greasy or sticky mess, and in the long run, reusable bags means after a small amount of use, people will likely throw it away and not wash it.

Akit's Opinions
I don't like the idea of forcing a 10 cent bag law on food establishments.  Restaurants that heavily depend on deliveries and take-out will get hurt the most.  Some of you might say it's just ten cents, but for someone like me who doesn't always have money to burn, I might as well get my take-out dinners from Daly City since I work not far at SF State.

The San Francisco Restaurant Health Surcharge - It's Confusing

You might have noticed it on your restaurant bill, and maybe not at another place you visited... it's that 2-5% fee tacked-on to your meal. Restaurants call it a "health fee," others call it a "health surcharge" and others call it a "health tax."

It's really confusing, ain't it?

Since the City and County of San Francisco requires all employees to have some form of health insurance, some city restaurants decided to get all whiny about it by charging a percentage surcharge to every bill. Others have decided to obey the law by not offering a percentage surcharge and may simply just absorb that cost or just revise the prices on their menus.

Today, I'm going to target those pesky restaurants who sneak in that little surcharge.

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Here's the rules I do understand if a restaurant wants to do a health fee/surcharge/tax:

1. It must be clearly noted on every single restaurant menu (even if it's in small print). That's called informed consent; you have a right to know of any additional surcharges being tacked on, other than the sales tax. This is similar to the 18% gratuity charge for parties larger than 6 people and must be clearly noted on the menu.
   
2. The restaurant must clearly note this charge on their receipts.

Here's what I don't understand:

1. Can it legally be called a "tax" on the receipts and/or menu? For the consumer, it's pointless which phrase/word(s) used because you pay the same. But in a legal standpoint, it can be risky to call it a "tax" as it is only used for a government collection purpose.
2. How is the health percentage charge applied? Here's three possible examples of potential problems: (1) Using the subtotal, calculate the health percentage and the sales tax separately; add them together for the grand total. (2) Using the subtotal, calculate the health percentage, add the two together, and calculate the sales tax. (3) Using the subtotal, calculate the sales tax, add the two together, and using the new total, calculate the health percentage.

To understand the difference between taxes and surcharge/fee, here's a great example:

• California State University students pay "fees" but not "tuition" since California residents get their education tuition-free; legally, CSU campuses cannot use the word "tuition" unless the student is not a legal resident of California.

Here's an example of a restaurant that calls their health percentage charge a "tax:"

• McCormick and Schmicks in San Francisco charged my gift card a "SF Health Tax" of 62 cents, and this was calculated by using the subtotal of my food and beverage cost (pre-sales tax) and adding 3.5%. The sales tax was calculated using the food and beverage total (not including the health percentage charge) at 9.5%.

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I don't like these health percentage charges. It pisses me off when I'm being charged extra when I get my bill and they could have easily sneaked it into their menu by just charging a couple of dimes to the prices (or using cheaper ingredients). It's like the airlines advertising great fares, but not including the $20-$35 fees until you start booking it online.

Legal note: I am not a lawyer or attorney. This is not legal advice. Consult with a lawyer, city attorney, district attorney, or someone with a law degree for help. I may sound like some kind of lawyer, but I'm not one... I'm an Administrative Assistant.

Akit's Furlough Adventure #7: Japantown

Being on furlough this week is sort-of boring and I'm trying to find things to kill time. I thought it would be fun to go to one of my favorite neighborhoods, Japantown!

San Francisco's Japantown is home to a lot of great Japanese restaurants, non-profit community organizations, great hotels, and a heck of a shopping experience.

I know if you have gone to J-Town, you have been to Ichi Ban Kan, a place full of housewares, food products, personal grooming supplies, and ice cold beverages for a low price. They even carry unique items from Japan like Hi-Chews in a larger pack than the ones made for the United States distributors. They even carry unique flavors including peach.

Daiso recently opened-up in Japantown as well, and they are a huge Japan based worldwide chain store famous for items at a low price. Around the stores in the United States, they sell 95% of their products for only $1.50. One of their popular items are the keychain lights (in photograph) that retail at places like Brookstone for about $15, but it's only $1.50 at Daiso. The store in Japantown is SMALL and the one in Serramonte is huge with a big variety of items.

Between the two places, I like Ichi Ban Kan better with the large food variety. But I will admit that I like Daiso for the affordable plastic containers and such, and I prefer the one in Serramonte over the Japantown location because they accept credit cards.

As for lunch, a hearty meal for under $10 at Mifune includes cold soba (buckwheat) and udon (rice) noodles with tempura and their famous dipping sauce.

Have a happy Thanksgiving! If you are going out for Black Friday shopping, get there early and dress warmly.

Cucumber in your Sushi - Yes or No?

Here's a good question: Why do some Japanese sushi bars and restaurants include cucumber in their rolls while others don't?

I have experienced this situation many times at various restaurants. About 65% don't include cucumber (unless if you order a cucumber roll), but the other 36% do include it, including many vendors who sell sushi at SF State (SushiGo and Healthy Eats) and at Lucky's at Sloat where a part-time sushi chef makes rolls for take-out.

In my opinion, I don't like cucumber in my sushi rolls, and it's especially frustrating when the restaurant didn't tell you that on the menu. I don't want a crunch in my rolls, I want to taste the fake crab and avocado in my California roll! I'm part-Japanese, and I'm confused!

So... what do you think? Do you like having cucumber in your sushi?

Would you pay $1 for Water at a SF Restaurant?

It's the big $50,000, I meant $1 question... would you pay a restaurant $1 for a glass of water?

Maybe if you ate at the Millennium restaurant in San Francisco.

Michael Bauer of the SF Chronicle reports this particular restaurant charges a $1 fee for their water which is always free at any other San Francisco institution.

The restaurant claims they use a filtration system from the city's tap water line as a cost cutting measure due to the high priced of bottled water. They also mention that they do this surcharge because of the new San Francisco health plan law that requires employers to provide basic health coverage.

But really... FILTERED WATER? Is the restaurant owner just a total idiot? It is pointless to purchase a water filter for water in San Francisco. The Hetch Hetchy provides the best drinking water in the entire nation, and a local news station did a blind taste test with chilled water and people felt the municipal water tasted better than bottled.

Plus... tap water costs literally pennies a glass and the restaurant is literally taking a 700 to 1,000% markup on their "filtered water." What if I wanted non-filtered water? Would they still tack on the $1 surcharge? The answer from management: Either pay $1 for the filtered stuff or get NOTHING.

What a bunch of assholes!

You go to any restaurant and ask for water with your meal. No $1 surcharge there! Will people even eat at Millennium's? It's like going on an airplane and getting all the surcharges tacked on.

What is this? Some kind of frickin protest thought-up by the Golden Gate Restaurant Association against the San Francisco health plan law? You don't charge MONEY for TAP WATER! Filter my ass.

If a restaurant is financially hurting from the health plan policy, then there are two options:

1. Raise the menu prices by 50 cents (assuming that a patron orders two menu items).
2. GET OUT OF SAN FRANCISCO.

What's next A CORKAGE FEE FOR BOTTLED WATER?

Terrible Take Out Boxes in San Francisco - Thanks Styrofoam Ban

As many of you Bay Area folks know, San Francisco passed a law that forbids restaurants to serve take-out food in styrofoam containers. This was a great idea by our city leaders since styrofoam causes harm to the environment. Our wacky tree protesting neighbors in Berkeley also have a similar law.

But now... when you order items, most of the time they serve it in this lid box made out of paper. Yeah... it's great for composting, but it's terrible to hold your food in it. Got something fresh from the kitchen, and it's so hot that the damn box starts getting all moist and soggy (like a couple of minutes after receiving the box)? Got something a little bit moist, say the juices of the chicken? In just a couple of hours, it'll LEAK THROUGH the bottom of the take-out box!

Last week, I ordered a Japanese style curry dish over a lot of rice, and although they handed me bag to haul it in, the box was so unstable due to the heat and moisture, that the box nearly snapped in half. I had to pull out a grocery paper bag to haul it in, because the bottom of the bag is flat.

No offense city officials, but the paper take-out box is a terrible idea and is a big pet peeve on my list.

Here are the boxes I like take-out food to be served in:

• The classic Chinese take-out box, never leaks, well protected, and easy to transport. There's also a wider one that's more like a tray that can be a perfect substitute for that paper thingy.
  
• The tray style with lid take-out box made of CORN. That stuff won't destroy your meal (but you might eat it!).
• Plastic tubs and lids. These are used for soups and even better than styrofoam because they don't crack that easily, and you can wash it and reuse.

Just a thought about the plastic tubs and lids: It's a great idea, but I think there are some people who question if it is allowable to recycle. The answer is, yes, please throw them in the bin. You can literally recycle anything with a "recycle number" that's usually on the bottom of products. It's not just soda cans, bottles, and newspapers folks.

But here's the thing folks, if you still love your styrofoam (and plastic bags), go buy your takeout food in Daly City (San Francisco loses tax money, but these days, who really gives a damn about Mayor Newsom and his supervisor nutjobs passing insane laws?). Just head across the border into Westlake.

If you want to be EVIL, go head down to your local Costco or Smart and Final and get yourself a set of styrofoam boxes and plastic bags (and YES, YOU CAN GET STYROFOAM BOXES AT COSTCO AND SMART AND FINAL LOCATIONS IN SAN FRANCISCO). So the next time you visit your favorite restaurant, just bring your own styrofoam product and give the middle finger to city politics.


Lastly, Akit's Complaint Department is going on a little hiatus. I have just over a week to finish my graduate school project before I earn my M.A. degree. Please cheer me on, I really want to get this over with and share my research with the Japantown community.

But don't worry, I'm haven't gone on temporary insanity... that's when I do my blogging. Thanks to all of you for reading my blog and subscribing on your RSS or similar feed program. I noticed that 15 people subscribed on the Goodle feeds program!

Restaurants and San Francisco Universal Healthcare

I really think the City and County of San Francisco needs to keep the "universal healthcare" plan, as paying for medical insurance can at least be about $150 to $250 a month for most healthy adults through an HMO program.

Most employees who work in grocery stores, or just gain a simple wage without any benefits really need something to maintain their health. How would you like the fact that if someone was sick and contagious, and could not go to the doctor or SF General Hospital, would you eat the food at the restaurant?

And we look at the Golden Gate Restaurant Association protesting this universal healthcare idea! They claim it will ruin businesses and many will fold due to this. With the money that the OWNERS (not employees) make, the owners can sure pay for their own health insurance, but does not want to give the hourly employees who is the backbone of the establishment basic healthcare needs. Like I just mentioned earlier, would you like some TB or Influenza in your dinner tonight?

So here's how some restaurants are trying to protest it: They put right on their menu that they will add an additional 15% surcharge to the bill. Sure, the association is pissed off and wants to protest this way, but how about the customers that go in there? I feel if they look at this notice, they would get right out of their chair at the establishment and walk across the street to the fast food joint serving the same fried chicken you were going to pay 15% more (and possibly an extra 5 bucks for the "special" "free range" shit).

Instead of moaning and groaning, and putting it to a lawsuit with expensive lawyers (which I assume the association members share the cost, thus each restaurant spends even more expenses), just do it the easy way!

Here's my solution: Just raise the price of the meals to cover the healthcare coverage the City of San Francisco requires. 15% added to a $7 meal is only $8.05.

OR WHY NOT JUST MAKE THE RESTAURANT ASSOCIATION DO A GROUP MEDICAL INSURANCE PLAN? Hell, many large corporations and government agencies do this! You might get a cheaper rate than the 15%.

The other alternative to not being ripped off is: Go eat and shop in Daly City! They don't require the insurance rule, and their sales tax rate is 0.25% less than San Francisco's 8.5%. PLUS, YOU CAN GET PLASTIC BAGS AND STYROFOAM TAKE OUT BOXES! (Thanks Supervisor Ross for a odd balled law, where I can still get styrofoam and plastic bags at my local San Francisco "Smart & Final."