[rahimnathwani]

  but I will say that restaurants I've been to always highlight any mandatory fees besides normal sales tax on the menu

In San Francisco, restaurants rarely highlight the fees. They are usually in smaller font at the bottom of the menu (and maybe only on one side of a double-sided menu) and sometimes not discoverable until you get the bill.

Here's a typical example (click on 'menu'): https://maps.app.goo.gl/XS3puQEttQVtTW1FA

Tartine hides the 5% surcharge at the bottom of the menu in smaller font. It's also one of three bullets: the first and third are about food safety.

What's the rationale for putting the surcharge bullet in between the two food safety bullets?

Also: if you order online from Tartine, you won't see the surcharge until you go to check out. And if you order from one of the handwritten 'daily specials' signs, you won't see the surcharge until you pay.

(Using Tartine as an example. It's not unique.)

[hn_throwaway_99]

Perhaps "highlight" was the wrong word choice, but it is specifically called out on that menu example. I didn't read the full bill but I'm assuming since the required charge is fully visible, this restaurant would be fine (of course, as long as that required charge was also shown in any advertising that included prices).

FWIW, I think those kinds of "5% employee surcharge" fees are total bullshit and should be included in the price. The only reason "fees" should ever be pulled out separately are if they're optional, variable, or depend on something besides the unit cost on the product.

[rahimnathwani]

  I didn't read the full bill but I'm assuming since the required charge is fully visible, this restaurant would be fine

That's not my understanding. Charging a random fee that's not disclosed to the customer before they order is already illegal. The new law goes further: any random fees should be rolled into the advertised prices.

[heimidal]

You often see the same thing in the UK (a 12.5% "discretionary service charge" listed in small text that you must ask to have removed from your bill).

[rahimnathwani]

In this context, 'discretionary' is the opposite of 'mandatory'. This legislation is about mandatory fees.

[heimidal]

I'd consider adding a fee that isn't included in the listed menu price to be predatory, even if you can ask to have it removed.