Donald Beauchesne
Business Law Final
Convenience Store

I plan to open a convenience store, with gas station, when I finish with college. I have many years of experience managing and running a supermarket as well as a convenience store. I find a convenience store, as opposed to a supermarket, to be more of a personal business relationship with the customers. In time, you get to know the customers on a first name basis and this makes for a better consumer experience for the shopper as well as for me. A supermarket is too big and has too many functions and I found it hard to get to know the customers on a more personal level. This is something that I look for when being in a position of management. I plan to offer gas, lottery tickets, alchohol, food, and other everyday necessities at the store. In the town that I live in, there are no convenience stores or gas stations. To get gas, you must travel at least 20 minutes. I would like to offer this service in a town that desperately needs it.
With all of these consumer expectations, come laws that will have be adhered to and licenses that must be purchased to be able to offer these goods.
The first set of laws that I would have to be aware of and follow would deal with me employees. Knowing and following these laws will be in my best interest, and make a fair and safe environment to work in. The Equal Pay Act of 1963 states that I must pay women the same amount I would pay a man (www.shrm.org). Since the job requirements at the store would be the same for everybody, this is a law that certainly applies to me. If I at some point decide to promote someone to manager or assistant manager, then the pay scale for all employees will be about the same. Since a manager or assistant manager would handle more duties, they would receive a higher pay, whether it be man or woman.
The Civil Rights Act of 1964 prohibits discrimination based on color, race, creed, gender, and national origin (www.ourdocuments.gov). This act clearly states that I cannot hire or fire anyone covered by the protected class for any reason that I see fit. Even though I have no biased when it comes to hiring anyone, this law in on the books to protect everyone for an equal right to earn a living, and I plan to follow this law and every aspect of it.
The Occupational Safety and Health Administration (OSHA) is an agency establishes and enforces occupational health and safety standards that I, as an employer, must comply (www.osha.gov). Keeping a record of all illnesses, injuries, or death suffered by my employees will help show that having these rules in place will help make the workplace safer. By keeping track of any injuries, I will be able to tell if the safety rules that are in place are doing the job they are supposed to be.
One thing I did not think of when doing research was my rights when dealing with credit cards. I found a website that gives me a clear understanding of what my rights are. The website www.merchantbillofrights.org explains to be the ten things that I am entitled to as a business owner who offers payment by credit card. Some of the merchant bills of rights are as follows: 1. The right to know the markup of credit cards and fee increases. 2. The right to know the fee for every card transaction and who is charging it. 3. The right to know all credit call fee reductions. 4. The right to know all transaction middlemen. 5. The right to know all surcharges and bill-backs.
These are a few of the rights that I have to protect me from credit card companies and also, protect my business from taking unnecessary charges. Board of Health inspectors will routinely inspect stores to check sanitary conditions, storage conditions, as well as compliance with licensing, pricing, labeling, and point-of-purchase advertising regulations. Some of the laws and licensing are obvious while others take some research to make sure all of them are being followed. Since I managed a convenience store for many years, I know what it is that the Board of Health will be looking for. Some of the items that a Board of Health representative will look for in a safety inspection would be making sure all exits are properly accessible and clearly stated. The exit light must be properly working and well lit. Nothing must be in the way of the any door that leads to the outside. A fire extinguisher was be in working order and easily accessible in case of a fire. This means it must pass a test and inspection once a year by a state qualified inspector. Coolers and freezers must be clear of debris and temperatures must be kept at state requirement levels. Nothing can be directly touching the floor of either cooler or freezer. Any outdated products must be returned properly with the distributing company. No food on the shelves must be outdated and any outdated food must be dealt with properly. Any cleaner, automotive supplies or chemical based products must not be in contact with any perishable or edible goods, so there is no risk of contamination. These laws must be followed or fines or even closure to the business may occur.
I plan to offer alchohol, tobacco, and lottery tickets in the store, so there are laws that I have to follow when pertaining to these items. According to the New York State Alcohol Beverage Control website (www.abc.state.ny.us), in order for me to sell alcohol in my store, I must first apply for a license. The minimum requirements to obtain a license in New York State are: 1. Applicant must be a United States resident. 2. Applicant must be at least 21 years old 3. Applicant must not be a convicted felon 4. Applicant cannot be a police officer with arresting powers.
I can have cashiers that are under18 work at my store but when it comes to a customer purchasing beer there must be a person 18 years or older supervising the transaction. I also must follow the “200 Foot Rule” in New York State. This rule prohibits me from getting a license if my store is 200 feet or less from a school, church, or any other place of worship. This would not be a major problem where I live now but it is something I would have to keep track of if/when I open more stores in a more populated area.
Tobacco laws are very strict and unforgiving. First, I must apply for a tobacco license. Upon receiving the license, there are certain laws that will be followed or some financial damage may be done to the store. Taken from the website www.health.state.ny.us, the following laws are to be followed are: 1. Do not sell tobacco products or herbal cigarettes unless you possess a valid Certificate of Registration to sell cigarettes or tobacco from the State Department of Taxation and Finance. 2. Keep all tobacco products and herbal cigarettes behind a counter in an area accessible only to employees or in a locked container. 3. Sell tobacco and herbal cigarettes only to people who are 18 years or older. If you are not sure of the person’s age and he or she appears to be under 25 years old, you must request and review proof of age. This can be a valid driver’s license or non-driver’s ID issued by a state or other accepted government agency, a valid passport, or and ID issued by the armed forces of the United States that indicates the person is 18 or older. ID cards issued by colleges are no longer accepted. 4. Posting of a sign that the customers can easily read that states: “Sale of cigarettes, cigars, chewing tobacco, powdered tobacco, or other tobacco products, herbal cigarettes, rolling papers or pipes to persons under 18 years of age is prohibited by law”. 5. Do not sell single cigarettes, sometimes referred to as “loosies” or “singles”. All cigarettes must be sold in the manufacturer’s packaging. 6. Minimum package size requirements have been set to prohibit the manufacture, sale or distribution of any package or other container of cigarettes containing fewer than 20 cigarettes.
If I violate any of these laws, I risk the following: * Fines of up to $2,500 * A surcharge of $50 for each violation * Loss of certificate of registration to sell tobacco or herbal cigarettes * Suspension of lottery license (if applicable)

In order for me to sell lottery tickets, I must first obtain a license from the New York State Department of Taxation and Finance. State law prohibits me from selling lottery tickets to anyone under the age of 18. I must also clearly post a sign stating the odds of winning and how many winning tickets are left in the “instant” ticket category. Lottery can be a viable moneymaker to my store, as a winning ticket sold at my store gives me a certain percentage of the winning amount.
Gasoline sales figure to be a big part of the income coming into the store. There are many laws that pertain to gasoline sales that I will list the major ones that first must be met. First, the storage issue. No underground reservoir shall be devoted to the storage of gas, or liquefied petroleum gas unless the prospective operator of such storage reservoir shall have received from the department, after approval in writing of the state geologist, an underground storage permit which shall be in full force (www.public.legalinfo.state.ny.us).
I must also keep all fuel pumps up to code and have them checked yearly by the Department of Weights and Mesures to make sure the pumps are accurately giving gas at the price advertised.
Having an overhead fire prevention unit is also required in case of a fire. Having this in place can help save lives and further damage to the store. Fire extinguishers are to be available and easily accessible at the pumps.
These laws seem like it is an overwhelming task to start up a convenience store, but with my experience, I am already familiar with these so it would not be as confusing for me. I also know these laws are in place to protect my customers as well as myself. There is no business someone can start that laws and regulations do not seem like a burden, however, following these will make for a better business opportunity. It is worth knowing and following the laws instead of the price you will have to pay if you choose to ignore them.

RESOURCES: http://www.shrm.org/LegalIssues/FederalResources/FederalStatutesRegulationsandGuidanc/Pages/EqualPayActof1963.aspx http://www.ourdocuments.gov/doc.php?flash=true&doc=97 http://www.osha.gov/ www.merchantbillofrights.org http://www.abc.state.ny.us/frequently-asked-questions#compliance http://www.health.state.ny.us/prevention/tobacco_control/tobguide.htm
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$ENV23-1301$$@TXENV023-1301+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=12006616+&TARGET=VIEW