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Hello

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by

Teri Lee

on 24 April 2016

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Transcript of Hello

April 23-24, 2016
Szia!
What is Yummber?
Yummber is a food-sharing application that connects users through home dining experiences
Hosts/cooks use Yummber to advertise for meals
Users use Yummber to easily find available meals near them
Yummber serves as a broker, connecting users and facilitating payment
Currently operating in Budapest
Seeking investment capital
Potential expansion into U.S. Markets
Boston
Chicago
Los Angeles
Miami
New Orleans
New York
Philadelphia
Phoenix
San Francisco
Seattle
Overview of Shared
Economy Issues
Employee Classification
Independent contractor vs. Employee
Definition
Terms of Service
Liability
Additional Risk Mitigation Strategies
Shared Economy
Collaborative consumption
Users borrow or rent services outside traditional channels
Most effective with expensive assets or regulatory burdensome services
Operates parallel to traditional channels
Minimizes tax and regulatory burdens
Employee Classification
Terms of Service
Additional Risk Mitigation Strategies
Similar Businesses Currently Operating in the United States

Failure to Launch
SWOT Analysis
Conclusions
Teri Lee
Andrew Melrose
Katherine Scheidt

Presented by:
The Shared Economy of Food
Challenges and Opportunities in the United States

What is an independent contractor?
“The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.” -IRS
What is an employee?
Someone who is not an independent contractor
Uber and Lyft court cases about employee status
No judicial determination has been issued
Relationship with the guest and the host
Yummber is not directly affiliated with users. Both the hosts and guests are considered "third parties."
Licenses and regulations
“…That [it] assumes no responsibility, undertakes no liability for a host’s compliance with any agreements with or duties to third parties, application laws, rules and regulations.” -Yummber's Terms of Service
Risk to the user
The user is responsible for anything that may happen to them by using the app
Yummber process for hosts
Questionnaire
In home inspections
AirBnB process for hosts
Application/questionnaire
Internet background check
Uber process for drivers
"Thorough" background check
Charged a fee for the service
California sued and Uber settled
A number of similar models in the US
All allow cooks to advertise for meals via website or app
Similar user marketing
Prices/formality vary
Host services vary
Similar risk mitigation
Identical Terms of Service
File W-9
Some insurance policies
Limited publicly available data
All examined businesses are still in infancy
Seeking investment
Little marketing
No clear market leader
Concept is still relatively unknown
Limited meal options
Many offerings 'by request' only
How to attract users and hosts?
Regulatory gray area
Strengths
Weaknesses
Opportunities
Threats
Existing infrastructure
Adaptable branding
Well established in Budapest
Knowledge of US Market
Attracting Users
Crowded Market
Low barrier to entry
Highly regulated sector
Growth of shared economy
Low risk vs. Quality control
Unclear Standards
Regulatory Blowback
No single regulatory agency
Overlapping institutions
Multiple agencies within Departments
Agencies may have different interpretations
Yumm Burger
2016 Avenue of the Americas
New York, New York
Appetizers
Soups
Entrees
Fire and Safety Protection Measures and Policies
Anti-Discrimination and Labor Policies
OHSA and Consumer Protection Policies
Please note that government gratuities are not included.
Additional certifications and permits are required for service of 75 or more, 15 or more locations and/or 50 or more employees.
THROUGHOUT:
EXIT SIGNS mounted over each required exit
EXIT DIRECTIONAL SIGNS mounted nearby, if Exit Sign is not in clear sight
NO SMOKING SIGNS post at all entrances as required including bathrooms, stairwells, on each floor, bulletin boards, and other prominent places
WASH HANDS SIGNS (DOH) post at each hand wash stations and in all restrooms

FRONT OF HOUSE:
DEPARTMENT OF HEALTH PERMIT (DOH) post prominently for public view
HOW ARE WE DOING SIGN (DOH) post prominently for public view
LETTER GRADE or GRADE PENDING SIGN (DOH) post within 5 feet from entrance and 4-6 feet from ground or floor
PERMITTED OCCUPANCY (DOB)
PLACE OF ASSEMBLY PERMIT (DOB), required for premises where 75 or more gather
NO SMOKING post at all entrances as required including bathrooms, stairwells, each floor, bulletin boards, and other prominent places. *No ashtrays are permitted in any indoor area
RESUSCITATION KIT SIGN (comes with kit) post, stating location of kit.
RESULTS OF LATEST HEALTH INSPECTION SIGN (DOH)
CHOKING POSTER, (DOH or Red Cross) post in all designated eating areas.
DANGER OF DRINKING WHILE PREGNANT SIGN (SLA)

BACK OF HOUSE
SCHEMATIC OF HOOD
NO ALCOHOL SERVED TO MINORS SIGN (SLA)
LIQUOR LICENSE (SLA) post in frame in window near door; if no door, prominent place
INSPECTION OF HOOD & DUCT SYSTEMS, FAN TERMINALS (from contractor) post in glass frame
CLEANING INSTRUCTIONS OF HOODS AND DUCTS (from contractor) post in glass frame
RECORD OF HOOD CLEANING (from contractor) post
FIRE EXTINGUISHERS’ RECORD OF ANNUAL INSPECTION (from contractor) tag each unit
SEMI-ANNUAL FIRE SUPPRESSION SYSTEM INSPECTIONS (from contractor)
CERTIFICATE OF OCCUPANCY (Building Dept.) post copy
SPRINKLER INSPECTION, signed by maintenance contractor after each inspection
COMMERCIAL RECYCLING REGULATIONS LEARN MORE
FIRE ALARM TEST, (Combined form from Fire & Building Depts.) post record of monthly tests.
FIRE GUARD CERTIFICATE OF FITNESS (FDNY) Cabaret or Caterers, one Fire Guard per Exit
FIRE DRILL CONDUCTOR CERTIFICATE OF FITNESS (FDNY) If more than one Fire Guard

FOOD ALLERGY INFORMATION Must post in conspicuous locations visible to all food workers



FEDERAL & STATE LABOR LAW SIGNS AND NOTICES
post on Bulletin Board visible to Employees

• NLRA
• Equal Employment Opportunity
• Family Medical Leave Act
• Employee Polygraph Protection Act Notice
• Fair Labor Standards Act
• Federal OSHA
• Uniformed Services Employment and Reemployment Rights Act
• Deductions from Wages
• Minimum Wage Information
• New York Correction Law
• Clean Indoor Air Act
• Discrimination
• Employee Unemployment Insurance Notice
• Employee Voting Leave
• Job Safety and Health Protection for Public Employees
• New York Bill Text
• No Smoking
• Notice Requirement for Fringe Benefits and Hours A
• Notice Requirement for Fringe Benefits and Hours B
• Permitted Working Hours for Minors
• Tip Appropriation
• Workers' Compensation

• Attention Employer: Notice of Compliance - Disability Benefits Law
• Notice of Compliance - Workers' Compensation Law
• Unemployment Insurance
Federal, State, and Local regulations can make market entry difficult
Nothing prohibits Yummber from operating
Das Schloss
Introduction to Yummber
Overview of Shared Economy Issues
Regulatory Framework
Similar Models in the United States
SWOT Analysis and Recommendations
Project Overview
Questions?
Employment Eligibility Forms
Equipment Inspection and Code Requirements
Record Keeping and Reporting Requirements
Employer Identification Number
(US Internal Revenue Service)
Certificate of Occupancy
Sales Tax Certificate
Food Service Establishment Permit
(NYC Department of Buildings)
(NY State Department of Taxation)
(NY State Department of Health)
Restaurant Wine License
Food Handling Certification
Salads
Health Inspection
Waste Hauler Decal
Unemployment Insurance
Worker's Compensation and Employer's Liability Insurance
(NY State Liquor Authority)
(NYC Department of Health)
(NYC Department of Health)
(US Department of Labor)
(NY State Worker's Compensation Board)
(NYC Business Integrity Commission)
Business License
(NY State Department of State)
Required Notices and Posted Signage
New York City
Required Signage Checklist
Agencies are separate
Laws are separate
Definitions are separate
Federal versus State
Have similar structures
Have different rules
Municipalities add an additional layer
Licenses are mostly State functions
States
Regulatory Oversight
Full transcript