THE SENATE	S.B. NO.	379
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to tip disclosure.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 481B, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§481B-     Restaurant tip allocation disclosure.  (a)  Each tipped restaurant shall publicly disclose how tips are allocated to employees, including the percentage of each tip that is received by the applicable waiter, waitress, server, kitchen staff, and other employees.

     (b)  The information required by subsection (a) shall be disclosed by public notice on a sign sized at least eight and one-half inches by eleven inches, written in no less than twenty-two point type, and posted in a clear and conspicuous place near the restaurant's main entrance or other location approved by the director of health so that the public notice may be easily read by customers.

     For purposes of this section, "tipped restaurant" means a food establishment that:

     (1)  Serves food to customers for consumption on or off the premises, including fast-food and full-service dining establishments, drive-through or walk-up counters, coffee shops, cafes, pizza parlors, food stands, movie theater concession stands, and dine-in establishments; and

     (2)  Employs at least one individual or has employed at least one individual within the prior year at an hourly wage deemed to be increased on account of tips pursuant to section 387-2(b)."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2024.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Tip Disclosure; Department of Health; Unfair and Deceptive Trade Practice; Restaurants

 

Description:

Requires restaurants to clearly disclose to customers how tips are allocated to employees.

 

 

 

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