Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2081 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. 2746 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2081
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 Essex1/16/2025 1 of 2
16	16	HOUSE DOCKET, NO. 2746 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2081
18	18	By Representative Cruz of Salem, a petition (accompanied by bill, House, No. 2081) of Manny
19	19	Cruz relative to minimum gratuity while dining. Labor and Workforce Development.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 3885 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to minimum gratuity while dining.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby
31	31	2amended by inserting after section 152A the following section:-
32	32	3 Section 152B. (a) For the purposes of this section the following words shall, unless the
33	33	4context clearly requires otherwise, have the following meanings:
34	34	5 “Service charge”, a fee charged by a restaurant to a patron in lieu of a tip to any wait staff
35	35	6employee, service employee or service bartender, including any fee designated as a service
36	36	7charge, tip, gratuity or a fee that a patron or other consumer would reasonably expect to be given
37	37	8to a wait staff employee, service employee or service bartender in lieu of, or in addition to, a tip.
38	38	9 “Peak restaurant season”, the period of the year when tourists are mostly likely to visit a
39	39	10municipality as determined pursuant to subsection (c). 2 of 2
40	40	11 (b) During a municipality’s peak restaurant season, a restaurant within the municipality
41	41	12may include a minimum service charge of no less than 19 per cent with each bill, invoice or
42	42	13charge to parties consisting of 4 or more patrons; provided that the restaurant provides notice of
43	43	14the minimum service charge by posting information in a conspicuous place in the restaurant or
44	44	15on the menu.
45	45	16 (c) The municipality’s peak restaurant season shall be determined by a vote of the city
46	46	17council, in the case of a city, or by a vote of the select board or board of selectmen, in the case of
47	47	18a town. The city council or town select board shall specifically define the peak restaurant season
48	48	19in their city or town, if they decide to give restaurants, located in that city or town, the option of
49	49	20charging a minimum service charge during peak restaurant season. Once the peak restaurant
50	50	21season is determined, restaurants within that municipality may implement a minimum service
51	51	22charge pursuant to subsection (b).
52	52	23 (d) If a restaurant implements a minimum service charge during peak restaurant season,
53	53	24they shall be required to give patrons notice about the minimum service charge.