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