Notification of automatic operations charge and public food service establishment receipts.

(1) As used in this section, the term:

(a) “Gratuity” or “tip” means a sum presented by a customer as a gift or contribution in recognition of service performed, the payment and amount of which is at the discretion of the customer.

(b) “Operations charge” means an automatic fee or charge, other than a government-imposed tax, that a customer is required to pay in addition to the cost of the food and beverage purchased. The term includes, but is not limited to, service charges, automatic gratuities, credit card surcharges, and delivery fees.

(2) Every public food service establishment which charges an operations charge shall include a notice on the food menu, written contract, and website or mobile application where food and beverage orders are placed, as applicable, that includes the amount or percentage of the operations charge and the purpose of the operations charge. Such notice must appear in a font that is equal to or greater than the font used for menu item descriptions or the general provisions of the written contract. If the public food service establishment does not provide menus, table service, or written contracts for banquet, catering, or event services, the operations charge notice must appear in an obvious and clearly readable manner on the menu board or on an obvious and clearly readable sign by the register where the customer pays.

(3) There must be a notice on the face of the bill provided to the customer that an operations charge is included. The notice must clearly state the percentage or amount of the operations charge.

(4) Each copy of a receipt that a customer receives must contain separate lines for gratuity, an operations charge, and sales tax so that it is clear to the customer what is being charged. If the operations charge includes an automatic gratuity, it must be separately stated on the receipt.

(5) This section does not create a private cause of action related to compliance with the requirements of this section.

(6) This section does not apply to the purchase of a dining plan or package or fixed-price meal for which the price of the plan or package or meal is disclosed to the customer before purchase.