NY State Senate Bill 2009-S4745

Senate Bill S4745

2009-2010 Legislative Session

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

download bill text pdf

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer protection
Apr 27, 2009	referred to consumer protection

2009-S4745 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §397-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

                                 BILL NUMBER:  S4745

 TITLE OF BILL :  An act to amend the general business law, in
relation to the posting of menus in restaurants selling food to the
public


 PURPOSE OR GENERAL IDEA OF BILL: : This bill would allow consumers to
make an informed selection of restaurants by requiring restaurants to
conspicuously post a representative menu and list price list.

 SUMMARY OF SPECIFIC PROVISIONS: : This bill would require all
restaurants to conspicuously post within fifteen feet of the main
entrance:

a) a menu, including prices of all food available therein;

b) special pricing policies, such as, cover charges, minimum orders,
and entertainment costs; and

c) permissible modes of payment, such as checks or credit cards.

Failure to comply would be a violation punishable by a fine up to
$250.

Any restaurant with a menu exceeding two pages could post a two-page

menu and price list which is representative of the food sold therein.

Prices on certain items need not be fixed, but the posted menu should
note that they vary. Unannounced specials could be provided by the
restaurant at any time.

Exclusions to this bill would include coin-operated machines,
restaurants which do not supply table service, or restaurants which
provide counter service exclusively.

 JUSTIFICATION: :  This bill would allow consumers to refer to the
menu and formulate a decision as to whether or not the prices fit in
their budget. It permits the consumer to evaluate eating
establishments in regard to value and convenience. In addition, it
advises the customer as to what methods of payment are accepted, so
that this might be considered before entering the establishment, which
could be of critical concern where a person is relying on using a
credit card for payment.

 PRIOR LEGISLATIVE HISTORY: :  A.489 (1993-94), A.1046 (1995-96),
A.1359 (1997-98), A4106 (1999-00) A.4173 (2001-02), A5645 (2003-04),
A2216 (2005-06)

 FISCAL IMPLICATIONS: : None.

 EFFECTIVE DATE: :  This act shall take effect on the one hundred
eightieth day after it shall have become a law.

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

S. 4745                             2

  3. A VIOLATION OF ANY OF THE  PROVISIONS  OF  THIS  SECTION  SHALL  BE
PUNISHABLE ONLY BY A CIVIL FINE NOT EXCEEDING TWO HUNDRED FIFTY DOLLARS.
  4.  RESTAURANTS  WHICH DO NOT SUPPLY TABLE SERVICE WITH WAITERS AND/OR
WAITRESSES WHO SERVE FOOD TO THE PUBLIC OR WHICH PROVIDE COUNTER SERVICE
EXCLUSIVELY SHALL NOT BE SUBJECT TO THE PROVISIONS OF THIS SECTION.
  S 2.  This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law.

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