TITLE
ORDINANCE REQUIRING NONDISCRIMINATION IN TIPPING; REQUIRING POSTING OF TIPPING POLICIES; PROVIDING DEFINITIONS; PROVIDING THAT PROVISIONS ARE CUMULATIVE; CREATING SECTION 8A-110.1 OF THE CODE OF MIAMI-DADE COUNTY; AMENDING SECTION 8CC-10 OF THE CODE OF MIAMI-DADE COUNTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA:
Section 1. Section 8A-110.1 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:1

>>Sec. 8A-110.1. Tipping Policies.

(1) Definitions.

(a) Business shall mean any food service establishment in which tipping ordinarily occurs or which has a tipping policy.

(b) Permit shall mean to allow, permit, accept, request or require.

(c) Status shall mean the race, color, religion, ancestry, national origin, age, sex, sexual orientation, pregnancy, disability, marital status or familial status of an individual or any person associated with that individual.

(d) Tip shall mean any gratuity or service charge associated with a business's provision of any goods or services.

(e) Tipping shall mean the custom, policy or practice of permitting tips.

(2) Nondiscrimination in Tipping. No business shall permit any tip based upon an individual's status.

(3) Posting of Tipping Policies. Each business shall provide notice of (A) whether the business includes an automatic tip in its bill, and if so, the amount or method of calculation of the automatic tip; and (B) the following language: "IT IS ILLEGAL IN MIAMI-DADE COUNTY FOR ANY BUSINESS TO CONDONE IN ANY MANNER TIPPING BASED ON THE RACE, COLOR, RELIGION, ANCESTRY, NATIONAL ORIGIN, AGE, SEX, SEXUAL ORIENTATION, PREGNANCY, DISABILITY, MARITAL STATUS OR FAMILIAL STATUS OF THE PERSON OR PERSONS GIVING OR RECEIVING THE TIP. If you have a complaint, you may call the Miami-Dade County Consumer Services Department Hotline at (305)375-3677." This notice shall be posted conspicuously, either on a sign or in a statement on the business's menu or price listing in the same form and manner as the other items on the menu or price listing, and written in a legible manner in English, Spanish and Creole.

(4) Provisions Cumulative. The provisions of this section shall be cumulative and in addition to and not in derogation of any and all other provisions or laws prohibiting discrimination or regarding notification of tipping polices.

( 5) Applicability. The provisions of this ordinance shall apply throughout the incorporated and unincorporated area of Miami-Dade County, Florida.<< Section 2. Section 8CC-10 of the Code of Miami-Dade County is hereby amended to read as follows:
Code Section Description of Violations Civil Penalty
>> 8A-110.1 Discrimination in Tipping $1,000.00
8A-110.1 Failure to Properly Post Required Notice $ 500.00<<

Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Metropolitan Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 5. This ordinance shall become effective sixty (60) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
Section 6. This ordinance does not contain a sunset provision.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.