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Bill

A 3256

Requires restaurant to disclose mandatory gratuity to patrons.

2026-2027 Regular Session Introduced by Shama Haider and 10 co-sponsors

Restaurants must clearly disclose any mandatory gratuity or service charge to patrons before payment.

Received in the Senate, Referred to Senate Commerce Committee
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WeVote Research Nonpartisan
Bill Summary · A 3256

Bill Summary: A-3256 (Session 222, New Jersey)

Title

Requires restaurant to disclose mandatory gratuity to patrons.

Purpose and Intent

This bill aims to improve transparency for restaurant customers by requiring disclosure of any mandatory gratuity. It is designed to ensure patrons are informed about mandatory service charges or gratuities that may be added to their bill, rather than leaving such charges implicitly assumed to be voluntary.

Key Provisions

  • Disclosure Requirement: Restaurants must clearly disclose to patrons any mandatory gratuity or service charge that is added to the bill. The disclosure should inform customers that the gratuity is mandatory and not optional.
  • Scope of Application: Applies to dining establishments that charge a mandatory gratuity or service line item.
  • Notice Mechanism: The bill establishes a standard for how the disclosure should be presented (e.g., on menus, at the point of order, or on the receipt), ensuring visibility before the customer completes payment.
  • Enforcement and Compliance (implicit): While the text provided does not specify detailed enforcement mechanisms, the bill would typically include penalties or a process for investigating noncompliance if enacted. (Note: specific penalties are not included in the provided summary.)

Who Will Be Affected

  • Restaurants and Food Establishments: Businesses that impose a mandatory gratuity or service charge will need to implement clear disclosures.
  • ** Patrons:** Diners will have clearer information about charges before paying, enabling informed decisions.

Timeline and Procedural Details

  • Sponsorship:
    • Primary Sponsors: Assemblyman Dan Hutchinson (District 4), Assemblyman Mike Venezia (District 34), Assemblyman William B. Sampson, IV (District 31)
  • Co-Sponsors: Include Assemblymen and Assemblywomen such as Gerry Scharfenberger, Sterley Stanley, Verlina Reynolds-Jackson, Annette Quijano, Cody Miller, among others.
  • Introduced: January 13, 2026
  • Reported Out of Committee: February 12, 2026 (Assembly Consumer Affairs Committee) with amendments
  • Status: As of the latest update, the bill has been reported out of committee in amended form and is moving through the legislative process (second reading after committee approval).

Practical Implications

  • For Businesses: Likely need to review menus, point-of-sale systems, and receipts to ensure mandatory gratuities are properly disclosed in a manner compliant with the bill. May require staff training on communicating charges to customers.
  • For Consumers: Increased transparency about charges; potential impact on tipping behavior if gratuities are disclosed as mandatory.
  • Operational Considerations: Depending on the final text, disclosures could affect how gratuities are presented (menu wording, receipt language, or signage). Compliance may involve standardizing language to avoid ambiguity.

Notes

  • The provided text does not include specific penalty provisions or explicit enforcement details. Final enacted language would clarify penalties, enforcement authority, and any exemptions (e.g., for certain types of service charges or for gratuities distributed to staff versus retained by the employer).

If you’d like, I can compare this bill to existing New Jersey law on service charges and gratuities, or track its progression as it advances through the 2026 legislative session.

Compiled from official sources — confirm details with the bill’s official record.

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