[Adopted 12-2-2008 by L.L. No. 52-2008 (Ch. 407, Art. I,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that the key to effective
consumer protection is ensuring consumers have access to all information
necessary to make informed decisions.
B.
This Legislature further determines that consumers have an absolute
right to know the price of goods and services offered for sale by
businesses operating in Suffolk County.
C.
This Legislature also finds that certain restaurants in Suffolk County
do not recognize this "right to know" when it comes to their policy
for so-called "daily specials." Restaurants offer their patrons "specials"
which do not appear on their regular menu but, in many cases, fail
to voluntarily apprise their customers how much these specials cost.
D.
This Legislature further finds that all too often consumers learn
when their bill arrives that the special they ordered costs far more
than they anticipated.
E.
Therefore, the purpose of this article is to require all restaurants
in Suffolk County to give their patrons adequate notice of the prices
of all food items offered for sale, including those items known as
"daily specials."
As used in this article, the following terms shall have the
meanings indicated:
Any food item, other than beverages, that is not listed on
a restaurant's regular menu and is offered for sale only on certain
days.
The Director of the Suffolk County Office of Consumer Affairs.
An establishment that is open to the public in which the
primary business is the sale of prepared food to consumers for consumption
on premises.
The owner, operator or manager or any other person supervising
the operations of a restaurant.
A.
Restaurants shall notify their patrons of the price of all food items,
other than beverages, served at their restaurant, including the price
for desserts and daily specials.
B.
The price of food items shall be set forth on a restaurant's
regular printed menu, on a printed daily specials page and/or posted
in a manner and location so the price of food items is readily observable
by patrons.
A.
Any restaurant operator who violates the provisions of this article
shall be subject to a civil penalty of not less than $50 nor more
than $500 for each such violation.
B.
No civil penalty shall be imposed under this article until after
a hearing has been held before the Director, or his designee, upon
at least seven business days' notice to the restaurant operator.
Such notice shall be served either personally or by certified mail,
return receipt requested, to the address of the restaurant and shall
state the date, time and place of the hearing as well as enumerate
the grounds constituting the alleged violation by the operator. The
restaurant operator may produce witnesses in his or her own behalf.
A record of the hearing shall be taken and preserved. For the purpose
of such hearing, the Director or his designee may administer oaths,
subpoena witnesses and compel the production of books, papers, records
and other documents deemed pertinent to the subject of the hearing.
This article shall apply to actions occurring on or after the
effective date of this article.
This article shall take effect on the 90th day immediately subsequent
to filing in the Office of the Secretary of State.
