The New York City Council - File #: Int 0823-2018

• File #: Int 0823-2018
• Version: A
• Name: Allowing restaurant surcharges.
• Type: Introduction
• Status: Laid Over in Committee
• File created: 4/25/2018
• In control: Committee on Consumer Affairs and Business Licensing
• On agenda: 4/25/2018
• Title: A Local Law to amend the administrative code of the city of New York, in relation to allowing restaurant surcharges
• Sponsors: Joseph C. Borelli, Laurie A. Cumbo, Keith Powers , Rafael L. Espinal, Jr., Karen Koslowitz, Robert E. Cornegy, Jr.
• Indexes: Agency Rule-making Required

Date	Ver.	Action By	Action	Result
6/21/2018	*	Committee on Consumer Affairs and Business Licensing	Hearing Held by Committee
6/21/2018	*	Committee on Consumer Affairs and Business Licensing	Laid Over by Committee
4/25/2018	*	City Council	Referred to Comm by Council
4/25/2018	*	City Council	Introduced by Council

Proposed Int. No. 823-A

By Council Members Borelli, Cumbo, Powers, Espinal, Koslowitz and Cornegy

Title
A Local Law to amend the administrative code of the city of New York, in relation to allowing restaurant surcharges
Body

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 20 to read as follows:
SUBCHAPTER 20
RESTAURANT SURCHARGES
? 20-832 Definitions. For purposes of this subchapter, the following terms have the following meanings:
Restaurant. The term "restaurant" means a bar, restaurant, or restaurant bar as defined in section 17-502.
Stated price. The term "stated price" means the amount that a customer owes for an individual listed item. The term "stated price" does not include any additional charge that was not included in the pricing of an individual listed item.
Surcharge. The term "surcharge" means a charge imposed in addition to the stated price of individual listed items. 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.
? 20-833 Disclosure of surcharge. a. A restaurant may impose a surcharge provided that such restaurant discloses the amount of such surcharge to a prospective customer before any item 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. Included on each page of any document, whether in paper or electronic format, that lists prices for the customer, including but not limited to any paper or electronic menu;
5. In English, as well as in any other language used in the document u...