Taxes, Regulations, Business Births & California Pizza Kitchen: Why the Golden State Is in Trouble
by Chuck DeVoreSunday evening I was mulling over data from the 2010 Census when my wife suggested we take our extended family out to California Pizza Kitchen.
Walking into CPK, I was still mentally processing the implications of the census data that showed what appeared to be a strong link between college educated Americans moving out of high tax states to low tax states (go ahead and laugh, yes, I’m really like that). When the menus came, my deepening melancholy for California’s self-inflicted tax wounds shifted to sadness due to the Golden State’s penchant for regulating all aspects of life. Why? I immediately saw that CPK’s shiny new menus were in violation of the California Health and Safety Code Section 114094, the law that requires restaurant chains to list “…the calorie content information for a standard menu item next to the item on the menu in a size and typeface that is clear and conspicuous.” Nary a speck of calorie data was next to any item on the menu (not that I cared about it, I don’t go to restaurants to count my calories – the information was available on request, nice, but not legal in California).
A full-blown case of Over Regulation Realization Depression hit me. California Pizza Kitchen, the quintessential California business, would be forced to reprint thousands of menus for their 67 California restaurants, or risk fines of up to $500 for each location: a $33,500 exposure for each local health inspector visit while out of compliance.
While waiting for my California Club Pizza (it was delicious enough to temporarily lift me out of my bad case of ORRD) my thoughts drifted back to the floor vote on SB 1420, the 2008 bill by Senator Alex Padilla (D-Van Nuys) that sought to impose the calorie counting mandate on business. I recall arguing against the bill which passed on a largely party line vote, Democrats for it, and Republicans mostly against it (then Senator Abel Maldonado was the sole Republican “aye” vote while some of the more moderate Assembly Republicans, Bonnie Garcia and Todd Spitzer, abstained).
Democrats justified calorie listing mandate by saying that big restaurant chains could afford it (the bill exempted chains with less than 20 locations), that some restaurant meals contained enough calories to feed an entire family for a week (or something along those lines) and that the bill was made less odious than it was initially so as to remove the opposition of the California Restaurant Association.







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