Bill Text: NY S02295 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 2295 (Prior Session Legislation)

Introduced

Bill Title: Provides that restaurants must conspicuously post and give notice of price of specials and credit card limitations; defines "restaurant" and "specials"; imposes a civil penalty of $100 and a subsequent violation occurring within twelve months of the first violation shall be $250.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-18 - REFERRED TO CONSUMER PROTECTION [S02295 Detail]

Download: New_York-2011-S02295-Introduced.html

                           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
                                      ___________
       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:
    1    Section 1. The general business law is amended by adding a new section
    2  399-mm to read as follows:
    3    S 399-MM. RESTAURANTS; NOTICE OF SPECIALS AND CREDIT CARD LIMITATIONS.
    4  1. DEFINITIONS. AS USED IN THIS SECTION:
    5    (A)  "RESTAURANT"  SHALL  MEAN  A PLACE WHICH IS OPEN TO THE PUBLIC IN
    6  WHICH THE BUSINESS IS THE SALE OF FOOD FOR ON-PREMISES  CONSUMPTION  AND
    7  WHICH  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, CAFETERIAS, COFFEE SHOPS,
    8  DINERS, SANDWICH SHOPS, SHORT ORDER CAFES AND FAST-FOOD ESTABLISHMENTS.
    9    (B) "SPECIALS" SHALL MEAN ANY FOOD ITEMS, OTHER THAN BEVERAGES,  WHICH
   10  ARE  OFFERED  FOR  SALE  BY A RESTAURANT AND WHICH ARE NOT LISTED ON THE
   11  MENU ALONG WITH THEIR PRICES.
   12    2. WHENEVER A RESTAURANT SHALL  OFFER  SPECIALS  FOR  SALE,  IT  SHALL
   13  CONSPICUOUSLY  POST  A NOTICE OF THE SPECIALS THAT ARE AVAILABLE AND THE
   14  PRICE OF EACH OF THE SPECIALS. SUCH  NOTICE  SHALL  BE  DISPLAYED  IN  A
   15  MANNER  AND  LOCATION  AS  TO INFORM ALL CUSTOMERS OF SUCH SPECIALS. ANY
   16  RESTAURANT WHICH VIOLATES THE PROVISIONS OF THIS  SUBDIVISION  SHALL  BE
   17  SUBJECT  TO  A  CIVIL  FINE  OF  ONE  HUNDRED  DOLLARS  AND A SUBSEQUENT
   18  VIOLATION OCCURRING WITHIN TWELVE MONTHS OF THE  FIRST  VIOLATION  SHALL
   19  SUBJECT THE RESTAURANT TO A CIVIL FINE OF TWO HUNDRED FIFTY DOLLARS.
   20    3.  IN  ADDITION  TO  THE  NOTICE  REQUIRED BY SUBDIVISION TWO OF THIS
   21  SECTION, WHENEVER A RESTAURANT SHALL OFFER SPECIALS FOR SALE,  IT  SHALL
   22  PRINT  A  NOTICE  ON  THE MENU ADVISING CUSTOMERS TO ASK THEIR WAITER OR
   23  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
    1  WAITRESS  IS  ASKED  ABOUT  THE AVAILABILITY OF SPECIALS, SUCH WAITER OR
    2  WAITRESS SHALL QUOTE THE PRICE OF EACH SPECIAL.
    3    4.  WHENEVER  A  RESTAURANT SHALL IMPOSE MINIMUM DOLLAR LIMITATIONS ON
    4  THE USE OF CREDIT CARDS AS A METHOD OF PAYMENT, IT  SHALL  CONSPICUOUSLY
    5  POST  A  NOTICE OF SUCH LIMITATIONS AT THE POINT OF SALE AND SUCH NOTICE
    6  SHALL ALSO BE CONSPICUOUSLY PRINTED ON ALL MENUS IN SUCH RESTAURANT.
    7    S 2. This act shall take effect on the thirtieth day  after  it  shall
    8  have become a law.