§ 47–2908. Licensed restaurants, eating houses, barrooms, sample rooms, ice cream saloons, or soda fountains required to post price list.

(a) The proprietor or proprietors, or keeper or keepers, of every licensed restaurant, eating house, barroom, sample room, ice cream saloon, or soda fountain room, or establishment in the District of Columbia, shall put up, or cause to be kept up, and to be regularly kept up, or cause to be kept up, in 2 conspicuous places in the chief room or rooms of his, her, or their restaurant, eating house, barroom, ice cream saloon, or soda fountain room, and in 1 conspicuous place in each small or private room, if any, used in connection with said restaurant, eating house, barroom, sample room, ice cream saloon, and soda fountain room, for the accommodation of guests, visitors, or customers thereat, printed cards or papers, on which shall be distinctly printed the common or usual price for which each article or thing kept in any of said places or establishments to be eaten or drank therein is or may be commonly sold, or the price or prices for which the articles or things are or may be commonly or usually furnished to persons calling for, desiring, or receiving the same or any part or parts thereof, and no greater price or prices than those mentioned or contained on said cards or printed papers shall be asked for, demanded, or received from any person or persons for any of the articles or things kept in any manner for sale in any of the places or establishments aforesaid, either by said proprietor or proprietors, keeper or keepers, or by their agents, employees, or anyone acting in any manner for them.

(b)(1) Except as provided in paragraph (2) of this subsection, a business licensed under this section may impose, as a percentage of sales, a service fee of not more than 20%; provided, that:

(A) The type and amount of the service fee that may be charged is prominently disclosed to consumers by the following means:

(i) Clearly and prominently disclosing the fee on all menus and on the business' website, if there is a website; and

(ii) Clearly and prominently disclosing the fee on signage in the establishment reasonably visible upon entry to the establishment;

(B) The written disclosure accurately describes the purpose of the fee, including by explaining with specificity how the fee will be used or distributed, including disclosing the proportion of the fee used for base operating costs and the proportion distributed as compensation above the applicable minimum wage; and

(2) A business licensed under this section may impose a service fee of not more than 25% when such fee is included as a term of a written contract negotiated between the business and a consumer for services, including banquet services.