STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman DAN HUTCHISON
District 4 (Atlantic, Camden and Gloucester)
Assemblyman MICHAEL VENEZIA
District 34 (Essex)
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
Co-Sponsored by:
Assemblyman Miller, Assemblywoman Reynolds-Jackson, Assemblyman Stanley, Assemblywoman Quijano and Assemblyman Karabinchak
SYNOPSIS
Requires restaurant to disclose mandatory gratuity to patrons.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning mandatory gratuities at restaurants and supplementing Title 56 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A person shall not charge a mandatory gratuity in a restaurant without disclosing, in a prominent manner, the gratuity on the menu, at the entrance of the restaurant, on a patron’s bill, and if applicable, on the restaurant’s website.
b. A person who violates the provisions of this bill shall be subject to a civil penalty of $1,000 for the first offense, $2,500 for the second offense, and $5,000 for the third and each subsequent offense. Each day on which a violation occurs shall constitute a separate and distinct offense. A penalty imposed pursuant to this section shall be collected in a civil action by a summary proceeding under the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.
2. This act shall take effect on the first day of the third month next following the date of enactment.
STATEMENT
This bill requires a restaurant to disclose a mandatory gratuity charge to a patron on the menu, at the entrance of the restaurant, on the patron’s bill, and if the restaurant operates a website, on the restaurant’s website. Each point of disclosure is required to be in a prominent manner. The bill supplements the consumer fraud act, P.L.1960, c.39, but does not apply the act’s penalties. Violators of the bill’s provisions are subject to a civil penalty of $1,000 for first offense, $2,500 for a second offense, and $5,000 for a third or subsequent offense. For violations of a continuing nature, each day during which it continues constitutes an additional, separate, and distinct offense. However, the bill provides that a person will not be charged with more than one violation per day. A penalty imposed pursuant to the bill’s provisions is to be collected in a civil action under the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).