Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3885 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3819 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3885
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Manny Cruz
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to minimum gratuity while dining.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Manny Cruz7th Essex1/20/2023 1 of 2
16	16	HOUSE DOCKET, NO. 3819 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3885
18	18	By Representative Cruz of Salem, a petition (accompanied by bill, House, No. 3885) of Manny
19	19	Cruz relative to minimum gratuity while dining. Labor and Workforce Development.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to minimum gratuity while dining.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby
29	29	2amended by inserting after section 152A the following section:-
30	30	3 Section 152B. (a) For the purposes of this section the following words shall, unless the
31	31	4context clearly requires otherwise, have the following meanings:
32	32	5 “Service charge”, a fee charged by a restaurant to a patron in lieu of a tip to any wait staff
33	33	6employee, service employee or service bartender, including any fee designated as a service
34	34	7charge, tip, gratuity or a fee that a patron or other consumer would reasonably expect to be given
35	35	8to a wait staff employee, service employee or service bartender in lieu of, or in addition to, a tip.
36	36	9 “Peak restaurant season”, the period of the year when tourists are mostly likely to visit a
37	37	10municipality as determined pursuant to subsection (c).
38	38	11 (b) During a municipality’s peak restaurant season, a restaurant within the municipality
39	39	12may include a minimum service charge of no less than 19 per cent with each bill, invoice or 2 of 2
40	40	13charge to parties consisting of 4 or more patrons; provided that the restaurant provides notice of
41	41	14the minimum service charge by posting information in a conspicuous place in the restaurant or
42	42	15on the menu.
43	43	16 (c) The municipality’s peak restaurant season shall be determined by a vote of the city
44	44	17council, in the case of a city, or by a vote of the select board or board of selectmen, in the case of
45	45	18a town. The city council or town select board shall specifically define the peak restaurant season
46	46	19in their city or town, if they decide to give restaurants, located in that city or town, the option of
47	47	20charging a minimum service charge during peak restaurant season. Once the peak restaurant
48	48	21season is determined, restaurants within that municipality may implement a minimum service
49	49	22charge pursuant to subsection (b).
50	50	23 (d) If a restaurant implements a minimum service charge during peak restaurant season,
51	51	24they shall be required to give patrons notice about the minimum service charge.