S T A T E O F N E W Y O R K
________________________________________________________________________
2295
2011-2012 Regular Sessions
I N S E N A T E
January 18, 2011
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Introduced by Sen. KRUGER -- 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 posting of
prices of specials and posting notice of credit card limitations in
restaurants
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
399-mm to read as follows:
S 399-MM. RESTAURANTS; NOTICE OF SPECIALS AND CREDIT CARD LIMITATIONS.
1. DEFINITIONS. AS USED IN THIS SECTION:
(A) "RESTAURANT" SHALL MEAN A PLACE WHICH IS OPEN TO THE PUBLIC IN
WHICH THE BUSINESS IS THE SALE OF FOOD FOR ON-PREMISES CONSUMPTION AND
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, CAFETERIAS, COFFEE SHOPS,
DINERS, SANDWICH SHOPS, SHORT ORDER CAFES AND FAST-FOOD ESTABLISHMENTS.
(B) "SPECIALS" SHALL MEAN ANY FOOD ITEMS, OTHER THAN BEVERAGES, WHICH
ARE OFFERED FOR SALE BY A RESTAURANT AND WHICH ARE NOT LISTED ON THE
MENU ALONG WITH THEIR PRICES.
2. WHENEVER A RESTAURANT SHALL OFFER SPECIALS FOR SALE, IT SHALL
CONSPICUOUSLY POST A NOTICE OF THE SPECIALS THAT ARE AVAILABLE AND THE
PRICE OF EACH OF THE SPECIALS. SUCH NOTICE SHALL BE DISPLAYED IN A
MANNER AND LOCATION AS TO INFORM ALL CUSTOMERS OF SUCH SPECIALS. ANY
RESTAURANT WHICH VIOLATES THE PROVISIONS OF THIS SUBDIVISION SHALL BE
SUBJECT TO A CIVIL FINE OF ONE HUNDRED DOLLARS AND A SUBSEQUENT
VIOLATION OCCURRING WITHIN TWELVE MONTHS OF THE FIRST VIOLATION SHALL
SUBJECT THE RESTAURANT TO A CIVIL FINE OF TWO HUNDRED FIFTY DOLLARS.
3. IN ADDITION TO THE NOTICE REQUIRED BY SUBDIVISION TWO OF THIS
SECTION, WHENEVER A RESTAURANT SHALL OFFER SPECIALS FOR SALE, IT SHALL
PRINT A NOTICE ON THE MENU ADVISING CUSTOMERS TO ASK THEIR WAITER OR
WAITRESS OF THE PRICE OF SUCH SPECIALS, AND WHENEVER A WAITER OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07139-01-1
S. 2295 2
WAITRESS IS ASKED ABOUT THE AVAILABILITY OF SPECIALS, SUCH WAITER OR
WAITRESS SHALL QUOTE THE PRICE OF EACH SPECIAL.
4. WHENEVER A RESTAURANT SHALL IMPOSE MINIMUM DOLLAR LIMITATIONS ON
THE USE OF CREDIT CARDS AS A METHOD OF PAYMENT, IT SHALL CONSPICUOUSLY
POST A NOTICE OF SUCH LIMITATIONS AT THE POINT OF SALE AND SUCH NOTICE
SHALL ALSO BE CONSPICUOUSLY PRINTED ON ALL MENUS IN SUCH RESTAURANT.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.