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Data for owners

Restaurant junk-fee and surcharge laws by state

13 states have laws or rules on how restaurants show service fees and surcharges. The safest approach everywhere: one honest price, nothing added at checkout.

Updated November 11, 2026 · Sources: state laws and attorney-general guidance, linked per item · For information only, not legal advice.

California

  • SB 478 + SB 1524 (honest pricing; restaurant fee exception)

    Mandatory restaurant fees allowed only if clearly and conspicuously disclosed on menus/sites; simplest path is one all-in price.

    From 2024-07-01 · Source

  • Los Angeles County food delivery platform ordinance (Chapter 8.46, replacing pandemic Chapter 8.203)

    County moved to make unincorporated-area delivery fee rules permanent; final adoption status not confirmed.

    Source

Colorado

  • HB25-1090 Protections Against Deceptive Pricing Practices

    Total price must be shown; restaurants may list a mandatory service charge separately only with clear disclosure. Enforced under the Consumer Protection Act.

    From 2026-01-01 · Source

  • HB26-1012 delivery price transparency (bill)

    Would make delivery apps show in-store vs. app price; postponed in committee March 2026.

    Source

  • Card surcharges (SB21-091)

    Surcharges allowed but capped at 2% (or actual cost) and must be disclosed; not on debit.

    From 2021 · Source

Connecticut

  • SB 3 (2025) all-in pricing

    Advertised price must include all mandatory fees; mandatory gratuity may be excluded if clearly disclosed.

    From 2026-07-01 · Source

  • Credit card surcharge ban

    Surcharging card payments is not allowed; build card costs into prices.

    Source

Florida

  • SB 606 operations charges (s. 509.214)

    Doesn't ban fees but requires amount, purpose and separate itemizing; enforced by DBPR.

    From 2026-07-01 · Source

Illinois

  • Illinois Junk Fee Ban Act

    All-in advertised prices incl. mandatory fees; restaurant-specific compliance rules; AG enforces. Effective date: confirm in public act.

    Source

  • Interchange Fee Prohibition Act (no swipe fees on tax/tips)

    Delayed to July 1, 2027 and enjoined for national banks and card networks; litigation continues.

    From 2027-07-01 · Source

Iowa

  • H 2047 (2026) pricing disclosure for lodging, ticketing and food platforms

    Pending bill; would add price disclosure duties for food platforms.

    Source

Maryland

  • H 895 (2026) dynamic / surveillance pricing

    Third-party delivery providers can't price by personal data; effective date not confirmed.

    Source

Massachusetts

  • 940 CMR 38.00 junk fee regulations

    Show all-in price on menus and bills; disclose any party-size service charge; up to $5,000 per violation.

    From 2025-09-02 · Source

Minnesota

  • HF 3438 junk-fee law (2024 c. 111)

    All mandatory fees in advertised price; automatic gratuity allowed if labelled and paid to staff.

    From 2025-01-01 · Source

  • S 2917 (2026) restaurant exemption bill

    Pending: would exempt food and beverage places from the fee rule; not law.

    Source

Oregon

  • SB 430 (2025) total-price disclosure

    Online-sold goods/services must show the full price with mandatory fees.

    From 2026-01-01 · Source

Pennsylvania

  • H 1216 / S 640 delivery platform total price

    Pending; apps would have to show all-in prices.

    Source

Virginia

  • SB 1212 / HB 2515 (2025) mandatory fee disclosure

    Total price incl. mandatory fees must be disclosed; violations fall under the VCPA. Restaurant-specific modifications exist; check statute.

    From 2025-07-01 · Source

Washington

  • Seattle Council Bill 120379 permanent delivery cap

    15% cap on delivery fees; restaurants may opt out for extra services; apps can't cut driver pay to comply.

    From 2022 · Source

FAQ

Questions owners ask

Can't find yours? Email support@whatstableapp.com.

Does the federal junk fee rule cover restaurants?

No. The FTC rule on unfair or deceptive fees (2025) covers live-event tickets and short-term lodging only. State laws are what matter for restaurants.

Can I still add a service charge?

It depends on the state. Some require the charge to be shown clearly on the menu and in the price; some ban add-on fees. Check the source for your state and talk to your advisor.

How does WhatsTable handle this?

WhatsTable adds nothing to the guest’s bill. The price on your menu is the price they pay, plus tax.

See it working in a real restaurant.

Order from a restaurant that runs on WhatsTable, then talk to us for 20 minutes about yours.

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