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

• File #: Int 0823-2018
• Version: B
• Name: Allowing food service establishments to charge a COVID-19 recovery charge.
• Type: Introduction
• Status: Enacted
• File created: 4/25/2018
• In control: Committee on Consumer Affairs and Business Licensing
• On agenda: 4/25/2018
• Final action: 10/17/2020
• Title: A Local Law in relation to allowing food service establishments to charge a COVID-19 recovery charge
• Sponsors: Joseph C. Borelli, Laurie A. Cumbo, Keith Powers , Karen Koslowitz, Robert E. Cornegy, Jr., Ben Kallos, Costa G. Constantinides, Margaret S. Chin, Deborah L. Rose
• Indexes: Agency Rule-making Required

Date	Ver.	Action By	Action	Result
10/17/2020	B	Administration	City Charter Rule Adopted
10/16/2020	B	City Council	Returned Unsigned by Mayor
9/16/2020	B	City Council	Sent to Mayor by Council
9/16/2020	B	City Council	Approved by Council	Pass
9/16/2020	*	Committee on Consumer Affairs and Business Licensing	Hearing Held by Committee
9/16/2020	*	Committee on Consumer Affairs and Business Licensing	Amendment Proposed by Comm
9/16/2020	*	Committee on Consumer Affairs and Business Licensing	Amended by Committee
9/16/2020	B	Committee on Consumer Affairs and Business Licensing	Approved by Committee	Pass
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

Int. No. 823-B

By Council Members Borelli, Cumbo, Powers, Koslowitz, Cornegy, Kallos, Constantinides, Chin and Rose

Title
A Local Law in relation to allowing food service establishments to charge a COVID-19 recovery charge
Body

Be it enacted by the Council as follows:

Section 1. Temporary COVID-19 recovery charge. a. Definitions. For purposes of this subchapter, the following terms have the following meanings:
COVID-19. The term "COVID-19" means the disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
Food service establishment. The term "food service establishment" has the same meaning as set forth in section 81.03 of the health code of the city of New York, except that it does not include pushcarts, stands, vehicles, or a food service establishment that is part of a chain with 15 or more locations nationally doing business under the same name and offering for sale substantially the same menu items.
Stated price. The term "stated price" means the amount that a consumer 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.
b. A food service establishment may impose a surcharge of no more than 10% of a consumer's total bill, to be known as the "COVID-19 Recovery Charge."
c. The COVID-19 recovery charge may be imposed for on-premises dining only. Such surcharge may be imposed for indoor or outdoor dining but may not be imposed for takeout or del...