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Senate Bill S4745

2009-2010 Legislative Session

Requires posting of menus in restaurants which supply table service including prices and acceptable methods of payment

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2009-S4745 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง397-b, Gen Bus L

2009-S4745 (ACTIVE) - Summary

Requires posting of menu in restaurants selling food to public for consumption on premises within 15 feet of main entrance; provides for contents of menu including prices, acceptable methods of payment and other charges and policies; does not apply to vending machines or where there is no table service; provides for civil fine up to $250 for violations.

2009-S4745 (ACTIVE) - Sponsor Memo

2009-S4745 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4745

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  MONSERRATE  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to the posting  of
  menus in restaurants selling food to the public

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
397-b to read as follows:
  S 397-B. RESTAURANTS; POSTING OF MENUS; PRICES. 1. (A) ANY  RESTAURANT
SELLING FOOD TO THE PUBLIC FOR CONSUMPTION ON THE PREMISES, EXCEPT THOSE
EXEMPT  PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, SHALL CAUSE A MENU
INCLUDING THE PRICES OF ALL FOOD AVAILABLE THEREIN TO  BE  CONSPICUOUSLY
POSTED WITHIN FIFTEEN FEET OF THE MAIN ENTRANCE THERETO.
  (B) NO RESTAURANT SHALL BE REQUIRED TO POST A MENU MORE THAN TWO PAGES
IN  LENGTH;  HOWEVER,  IF  SUCH MENU SO POSTED IS LESS THAN THE COMPLETE
MENU, IT SHALL BE REPRESENTATIVE OF THE FOOD SOLD  IN  SUCH  RESTAURANT;
PROVIDED,  HOWEVER,  THAT  IN  THE CASE OF CERTAIN DISHES, THE PRICES OF
WHICH FLUCTUATE WIDELY TO THE RESTAURANT, SUCH AS LOBSTER,  THE  RESTAU-
RANT  MAY POST A NOTICE TO THE EFFECT THAT THE PRICE WILL VARY ACCORDING
TO AVAILABILITY RATHER THAN POSTING THE PRICE.
  (C) ANY MENU POSTED PURSUANT TO  THIS  SECTION  SHALL  INCLUDE  ENTER-
TAINMENT  COSTS,  COVER  CHARGES,  MINIMUM PERMISSIBLE EXPENDITURES, ANY
OTHER SPECIAL PRICING POLICIES AND WHICH  CREDIT  CARDS  OR  WHAT  OTHER
FORMS OF PAYMENT ARE ACCEPTABLE IN LIEU OF CASH; PROVIDED, HOWEVER, THAT
NO  PORTION OF THIS SUBDIVISION SHALL IN ANY WAY LIMIT A RESTAURANT FROM
PROVIDING ITS CUSTOMERS WITH UNANNOUNCED SPECIALS THE PRICE OF WHICH  IS
DISCLOSED TO THE CUSTOMER AT THE TIME SAID CUSTOMER IS MADE AWARE OF THE
SPECIAL.
  2.  THIS  SECTION  SHALL  NOT  APPLY  TO  FOOD VENDED BY COIN OPERATED
MACHINES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11521-01-9

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