Int 1139-2016
Allowing restaurant surcharges.
IntroductionFiledCommittee on Consumer Affairsintroduced 2016-04-07
Filed — closed without being enacted.
Official record · Legistar
Agenda: 2016-04-07Passed: 2017-12-31
Summary
This bill would allow restaurants to add a surcharge to the amount owed by a paying customer, so long as specific disclosure requirements are followed. This bill responds to the rising operating costs faced by restaurant operators in New York City.
Committee on Consumer Affairs — Department of Consumer Affairs
How it compares
32% of similar bills passed
16 passed · 34 died
This bill: 632 days in committee
Similar bills: median 377 days · 312 days when passed
Compared against 50 Introduction bills in Committee on Consumer Affairs.
Ranked by how closely each matches this bill's topic — closest first:
Int 1179-2013
Requiring restaurants to disclose when gratuity is included in the total cost of services.
62dFiled
Int 0413-2014
Requiring restaurants to disclose when gratuity is included in the total cost of services.
1256dFiled
Int 0078-2014
Requiring food vendors to post prices.
1404dFiled
Int 0836-2012
Requiring food vendors to post prices.
622dFiled
Int 0442-2004
In relation to truth-in-pricing.
290dEnacted
Int 0772-2008
Fee disclosure in hotel advertising.
596dFiled
+ 44 more comparable bills
Sponsors (3)
Lifecycle
IntroducedIntroduced by Council
2016-04-07 · City Council
ActionReferred to Comm by Council
2016-04-07 · City Council
ClosedFiled (End of Session)
2017-12-31 · City Council
Heard at (1)
City Council · 2016-04-07 · 1:30 PM · Council Chambers - City Hall
Attachments (4)
- Summary of Int. No. 1139
- Int. No. 1139 - 4/7/16
- April 7, 2016 - Stated Meeting Agenda with Links to Files
- Proposed Int. No. 1139-A - 5/12/16
Full text
Be it enacted by the Council as follows:
Section 1. Chapter 5 of title 20 of the administrative code of the city of New York is amended by adding a new subchapter 19 to read as follows:
SUBCHAPTER 19
RESTAURANT SURCHARGES
� 20-824. a. Definitions. For purposes of this section, the following terms have the following meanings:
Restaurant. The term "restaurant" includes any "bar," "restaurant," or "restaurant bar" as defined in section 17-502 of title 17.
Surcharge. The term "surcharge" means a charge imposed on top of the stated price of individual listed items not including a charge for an additional service that was not included in the pricing of the item. The term "surcharge" does not include tax, gratuity, tip or a charge for the administration of a banquet, special function, or package deal pursuant to section 146-2.19 of subpart 146-2 of part 146 of subchapter B of chapter II of title 12 of the compilation of codes, rules and regulations of the state of New York.
b. A restaurant adding a surcharge to the amount a paying customer owes must disclose the amount of such added surcharge to such customer before the food is ordered. The disclosure must be:
1. Written;
2. Explicit that the additional charge is a surcharge and not a gratuity;
3. Clear and conspicuous;
4. On any document, whether in paper or electronic format, that lists the prices for the customer, including but not limited to any paper or electronic menu, catering contract, final customer bill, or customer's credit card receipt if a credit card is used;
5. In plain English, or in the same language as the rest of the menu, if applicable; and
6. In a font size similar to surrounding text.
c. Enforcement. The department is authorized to enforce the provisions of this subchapter.
� 2. This local law takes effect 120 days after it becomes law, except that the commissioner of the department of consumer affairs may take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date.
adw
5/12/16 12:43 PM
LS #7231