Int 1179-2013

Be it enacted by the Council as follows: Section 1. Chapter five of title twenty of the administrative code of the city of New York is amended by adding a new subchapter nineteen to read as follows: SUBCHAPTER 19 DISCLOSURE OF INCLUDED GRATUITIES BY RESTAURANTS § 20-824. Disclosure requirements. § 20-825. Penalties. § 20-826. Enforcement. § 20-824. Disclosure requirements. When the owner, operator or employee of a restaurant adds a gratuity to the amount a paying customer owes, such restaurant owner, operator or employee must disclose such added gratuity to the paying customer. Such disclosure must be made in writing in a size and style to be determined by the commissioner on the customer’s final bill and on the customer’s credit card receipt if a customer is paying with a credit card. The disclosure shall state clearly and conspicuously that a gratuity has been included in the total cost of services. For the purposes of this subchapter, “restaurants” shall include any “bar,” “restaurant,” or “restaurant bar” as defined in section 17-502 of title seventeen of the administrative code of the City of New York. § 20-825. Penalties. Where the owner, operator or employee of a restaurant violates section 20-824 of this code the person, firm, corporation or association that owns such restaurant shall be punished by a fine of not more than two hundred and fifty dollars. § 20-826. Enforcement. The department and other agencies designated by the commissioner are authorized to enforce the provisions of this subchapter. § 2. This local law shall take effect one hundred and twenty days after it shall have been enacted into law; provided that the commissioner may take any actions necessary prior to such effective date for the implementation of this local law including, but not limited to, promulgating rules. R.C. LS#2914 2/28/12