Bill Text: NY A09808 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 9808

Introduced

Bill Title: Prohibits food service establishments from modifying the purchase price of items based on consumer demand except for when lowering the purchase price of a food or beverage item during specific times of the day.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-09 - referred to consumer affairs and protection [A09808 Detail]

Download: New_York-2023-A09808-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          9808

                   IN ASSEMBLY

                                      April 9, 2024
                                       ___________

        Introduced by M. of A. BURGOS -- read once and referred to the Committee
          on Consumer Affairs and Protection

        AN  ACT  to  amend  the general business law, in relation to prohibiting
          food service establishments from modifying the purchase price of items
          based on consumer demand

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of section 396 of the general business law is
     2  amended by adding a new paragraph c to read as follows:
     3    c.  (1)  For  the  purposes  of this paragraph, the term "food service
     4  establishment" shall mean a place where food is provided for  individual
     5  portion  service  directly to the consumer whether such food is provided
     6  free of charge or sold, and whether consumption occurs  on  or  off  the
     7  premises or is provided from a pushcart, stand or vehicle.
     8    (2)  No  food  service  establishment  shall, in any manner, or by any
     9  means of advertisement, or other means of  communication,  increase  the
    10  purchase price of a food or beverage item in accordance with anticipated
    11  customer  demand. Nothing in this paragraph shall prevent a food service
    12  establishment from increasing the purchase price of a food  or  beverage
    13  item  at the end of a specific time of the day including but not limited
    14  to early-bird specials and happy hours.  Nothing in this paragraph shall
    15  prevent a food service establishment from increasing the purchase  price
    16  of a food or beverage item once per seven-day period.
    17    §  2.  This  act shall take effect on the ninetieth day after it shall
    18  have become a law.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15069-02-4