Coronavirus (COVID-19) Alert
On May 19, 2021, the State lifted indoor dining capacity in New York City, meaning restaurants can operate indoors at full capacity. As a result, starting August 17, 2021, restaurants cannot require customers to pay the COVID-19 Recovery Charge.
About the COVID-19 Recovery Charge
Under a Local Law that took effect on October 17, 2020, restaurants can charge customers who eat on-site a COVID-19 Recovery Charge, which cannot be more than 10% of the total bill.
This charge does not apply to:
- Food carts
- Food stands
- Food trucks
- Fast food restaurants
- Takeout, pick-up, or delivery orders
Restaurants must disclose this charge on menus or wherever they list food and beverage choices. The disclosure must make clear that the COVID-19 Recovery Charge is a surcharge and not a tip or gratuity for restaurant workers.
The bill and/or receipt must show the dollar amount of the surcharge.
Get answers to frequently asked questions about the COVID-19 Recovery Charge.
Customers can file a complaint about restaurants that do not follow the City’s guidelines.
Need something else?
- Price Not Posted to report a restaurant failing to disclose that they charge for tap water
You can file a complaint about restaurants in New York City that add a surcharge to the cost of items on the menu.
Restaurants may not add a surcharge (extra charge) to the food or beverage prices listed on the menu.
Restaurants may charge a bona fide service charge, but the charge must be clearly disclosed to consumers before they order food.
Acceptable service charges include:
- Charge to split a single meal on multiple plates
- Minimum per person charge
- Mandatory gratuity for parties of eight or more
What Happens Next
If you provide an email address with your Service Request, you will receive a notification by email. You may also be emailed a complaint form, which you must complete and return. Be sure to check your spam folder in addition to your inbox.
