[HISTORY: Adopted by the Suffolk County Legislature 5-26-1987 by L.L. No. 20-1987 (Ch. 237 of the 1985 Code). Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included as an attachment to this chapter.]
GENERAL REFERENCES
Consumer protection — See Ch. 387.
[Amended 6-12-2025 by L.L. No. 19-2025]
A. 
The Legislature finds that the Suffolk County Department of Consumer Affairs has received numerous complaints from consumers about catering contracts. These contracts are very often executed long in advance of affairs, at the urging of caterers, to avoid scheduling disappointments.
B. 
The Legislature further finds that, upon the execution of such a contract, a consumer is required to make an initial payment and may be required to make periodic payments thereafter.
C. 
The Legislature further finds that those who cancel catering contracts, in most instances, do so for legitimate reasons. The major area of consumer complaints relates to these cancellations and the claims of patrons for restitution of these partial payments and, on the other hand, the caterers' claims to damages due to these cancellations.
D. 
The Legislature further finds that the common "no return of deposit" clause too often results in an unconscionable and unjust situation because the caterer often rebooks the room for the contracted date at a price more or less than the original contract price but which has no bearing on the "no return of deposit" clause.
E. 
The Legislature further finds that a caterer's delegation of its performance of the contract to another caterer without the consumer's consent is unconscionable.
F. 
This Legislature further finds that caterers are sometimes left with an insufficient amount of time to resell a date after a cancellation and it is unreasonable to have an irrebuttable presumption that a caterer will be able to rebook an event of equal or greater value when a cancellation occurs at least six months before the originally scheduled date.
G. 
This Legislature further finds that often events are booked as far as 18 months prior to the event date and this advance scheduling allows time for organizing the various components of such events and can provide a degree of certainty, particularly for a consumer, that a date is secured; thus such has become common in the industry.
H. 
This Legislature further finds that while some sections of Chapter 365 provide protections for consumers and caterers alike, the manner in which it is currently constructed may cause caterers to be less competitive when compared to nearby counties.
I. 
The Legislature intends to cure these inequities by establishing criteria and procedures for cancellation of catering contracts and for the delegating of these contracts.
As used in this chapter, the following terms shall have the meanings indicated:
CATERER
Any person or business engaged in serving food or beverages for private functions in Suffolk County.
[Amended 6-12-2025 by L.L. No. 19-2025]
A. 
Cancellation of a catering contract.
(1) 
The cancellation of a catering contract occurs when the consumer mails to the caterer written notice of his or her intent to cancel.
(2) 
For the purposes of this section, the mail shall include electronic mail.
B. 
With regard to cancellation fees:
(1) 
If a consumer cancels a catering contract and the caterer is able to enter into another catering contract for the same date, for a contracted amount of equal or greater value, the caterer's cancellation fee may not exceed 5% of the total contract price, plus actual expenses reasonably incurred.
(2) 
If a consumer cancels a catering contract and the caterer is unable to enter into another contract for the same date, the caterer's cancellation fee may not exceed the difference between the total contract price and the cost of performance, plus actual expenses reasonably incurred. The caterer must be able to show diligent efforts to rebook and must fairly calculate the cost of performance.
(3) 
If a consumer cancels a catering contract and the caterer is able to enter into another contract on the same date, but the amount of that contract is less than the amount of the original contract, the caterer's cancellation fee may not exceed the difference between the total contract price of the original contract and the cost of performance, plus actual expenses reasonably incurred, minus any mitigation of damages as a result of the caterer entering into a contract of lesser value than the original contract.
C. 
Presumptions.
(1) 
It will be presumed that a caterer who receives notice of cancellation 12 months or before the scheduled date of the contract will be able to enter into another contract of equal or greater value.
(2) 
The foregoing presumption shall be rebuttable by a preponderance of the evidence.
As soon as reasonably practicable after cancellation and in no event later than 30 days after rebooking, the caterer must return to the consumer any sum received which exceeds the caterer's permissible cancellation fee.
[Amended 6-12-2025 by L.L. No. 19-2025]
Contract forms used by a caterer must conspicuously disclose the caterer's cancellation fee and the name and address and/or email address where a written notice of cancellation should be sent. This does not apply to contract forms ordered to be printed or set in type before the effective date of this chapter, but such forms may not be used for more than six months after this chapter takes effect.
The Commissioner of the Department of Consumer Affairs of Suffolk County or his designated representative shall have the power to impose upon any caterer who shall violate any of the provisions of this chapter and/or any regulations duly promulgated with respect thereto a civil penalty of not less than $50 nor more than $500 for each such violation.
A. 
This chapter shall be enforced by the Department of Consumer Affairs of Suffolk County.
B. 
The Commissioner of the Department of Consumer Affairs of Suffolk County may promulgate regulations consistent with and in furtherance of the provisions of this chapter.