Southampton - There will be no more surprises for diners when they say "check please" thanks to a bill signed into law by Suffolk County Executive
Steve Levy today requiring full disclosure on the price of restaurant specials.
The "Blue Plate Special" law, sponsored by Suffolk County Legislator Lynne Nowick (R-St. James), was passed by the County Legislature earlier this month before Levy held a public hearing on Dec. 16. The law was also subject to public hearings before the County Legislator earlier this month where attendance was sparse and public comment from the public and restaurant owners was virtually non-existent.
According to Nowick the legislation, once on the books in the spring of 2009, will be enforced by the County's Department of Consumer Affairs. Fines for violations will range from $50 to $500.
The legislation reflects a pet peeve of Legislator Nowick who also heads the County's Consumer Affairs Committee. "I've been hearing complaints for years," Nowick said a few hours before Levy signed the bill. "People are afraid to ask the price of a special then go into shock when they get the bill."
Nowick recalled one incident recounted by a constituent out on a first date. "They were out on a first date in an expensive restaurant and didn't ask the price of the specials. They were shocked when they got the bill for $300 when they finished their meal," she said.
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Many restaurants voluntarily post menus in their windows to inform diners of prices and specials before they take a seat to order. |
The bill requires restaurants to post the price of daily specials on a board that is clearly visible to patrons from their seats. The daily specials must also be printed out and attached to the menu with prices clearly posted, a practice now voluntarily followed in many establishments.
Place cards set on each table are commonplace in many restaurants offering the chef an opportunity to announce specials that depart from the regular menu.
The use of the term 'special' can be misleading in some cases as diners confuse the commonplace restaurant practice of cooking something special with offering a bargain. A restaurant special is not always a bargain and should not be confused with an early bird special which is offered at a bargain price designed to lure customers in mid-week during early dining hours usually from 4 p.m. to 6 p.m.
Regionally, many local restaurants offer winter specials designed to encourage area residents to dine out in the off season when tourists and well-heeled summer residents are scarce. These specials are bargains offering customers complete dinners for prices that are more affordable than peak season prices.
The law was necessary according to Nowick to avoid confusion and protect consumers. "It's really a matter of disclosure," Nowick said.
"It's a fairly benign bill," Suffolk County Legislator
Jay Schneiderman (I-Montauk) said, recalling his own experiences dining out. "I order the special, and I don't ask the price. Then I'm shocked when the special costs $10 or $12 more than anything else on the menu."
Schneiderman noted the bill had the support of the New York State Restaurant Association of Long Island (NYSRA). The Association serves as a legislative consumer advocacy group for member restaurants committed to providing the best service to consumers on Long Island.
The law dictates that civil penalties may not be imposed on restaurant owners until a hearing has taken place before the Director of the Suffolk County Consumer Affairs Department.
Although Legislator Schneiderman noted the Consumer Affairs Department lacked sufficient manpower to adequately enforce such a law, Nowick indicated it would be enforced by word of mouth and response to consumer complaints.
"There will be a walk around too," Nowick added, noting undercover inspectors would be used to enforce the law once it goes into effect. "Restaurant owners will never know when they are coming."
While Schneiderman viewed the law as fairly benign, the reaction of area restaurant owners, many of whom where unaware of the impending law until this week, was not as complimentary.
"I think it's ridiculous,"
Digger McMahon, proprietor of
Barristers, a popular Main Street restaurant and bar in Southampton, said. "We do it anyway, so it really doesn't matter. There are so many more important things to do in Suffolk County – to me this is just a waste of time and taxpayer's money."
McMahon is mindful of full disclosure as well as the economic pinch many residents are feeling and is offering a special to his lunchtime customers on Wednesdays. The special is clearly posted in a small plexi-glass frame that sits neatly on each table. The sign reads, "Bailout Burger $5."
Now that's special.
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