Bill Text: NY S04745 | 2009-2010 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CONSUMER PROTECTION [S04745 Detail]

Download: New_York-2009-S04745-Introduced.html

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                           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:
    1    Section 1. The general business law is amended by adding a new section
    2  397-b to read as follows:
    3    S 397-B. RESTAURANTS; POSTING OF MENUS; PRICES. 1. (A) ANY  RESTAURANT
    4  SELLING FOOD TO THE PUBLIC FOR CONSUMPTION ON THE PREMISES, EXCEPT THOSE
    5  EXEMPT  PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, SHALL CAUSE A MENU
    6  INCLUDING THE PRICES OF ALL FOOD AVAILABLE THEREIN TO  BE  CONSPICUOUSLY
    7  POSTED WITHIN FIFTEEN FEET OF THE MAIN ENTRANCE THERETO.
    8    (B) NO RESTAURANT SHALL BE REQUIRED TO POST A MENU MORE THAN TWO PAGES
    9  IN  LENGTH;  HOWEVER,  IF  SUCH MENU SO POSTED IS LESS THAN THE COMPLETE
   10  MENU, IT SHALL BE REPRESENTATIVE OF THE FOOD SOLD  IN  SUCH  RESTAURANT;
   11  PROVIDED,  HOWEVER,  THAT  IN  THE CASE OF CERTAIN DISHES, THE PRICES OF
   12  WHICH FLUCTUATE WIDELY TO THE RESTAURANT, SUCH AS LOBSTER,  THE  RESTAU-
   13  RANT  MAY POST A NOTICE TO THE EFFECT THAT THE PRICE WILL VARY ACCORDING
   14  TO AVAILABILITY RATHER THAN POSTING THE PRICE.
   15    (C) ANY MENU POSTED PURSUANT TO  THIS  SECTION  SHALL  INCLUDE  ENTER-
   16  TAINMENT  COSTS,  COVER  CHARGES,  MINIMUM PERMISSIBLE EXPENDITURES, ANY
   17  OTHER SPECIAL PRICING POLICIES AND WHICH  CREDIT  CARDS  OR  WHAT  OTHER
   18  FORMS OF PAYMENT ARE ACCEPTABLE IN LIEU OF CASH; PROVIDED, HOWEVER, THAT
   19  NO  PORTION OF THIS SUBDIVISION SHALL IN ANY WAY LIMIT A RESTAURANT FROM
   20  PROVIDING ITS CUSTOMERS WITH UNANNOUNCED SPECIALS THE PRICE OF WHICH  IS
   21  DISCLOSED TO THE CUSTOMER AT THE TIME SAID CUSTOMER IS MADE AWARE OF THE
   22  SPECIAL.
   23    2.  THIS  SECTION  SHALL  NOT  APPLY  TO  FOOD VENDED BY COIN OPERATED
   24  MACHINES.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11521-01-9
       S. 4745                             2
    1    3. A VIOLATION OF ANY OF THE  PROVISIONS  OF  THIS  SECTION  SHALL  BE
    2  PUNISHABLE ONLY BY A CIVIL FINE NOT EXCEEDING TWO HUNDRED FIFTY DOLLARS.
    3    4.  RESTAURANTS  WHICH DO NOT SUPPLY TABLE SERVICE WITH WAITERS AND/OR
    4  WAITRESSES WHO SERVE FOOD TO THE PUBLIC OR WHICH PROVIDE COUNTER SERVICE
    5  EXCLUSIVELY SHALL NOT BE SUBJECT TO THE PROVISIONS OF THIS SECTION.
    6    S 2.  This act shall take effect on  the  one  hundred  eightieth  day
    7  after it shall have become a law.