Yea I've always wondered that. It's supposed to be included in prices (unlike sales taxes) like any other cost, so how are they able to legally get away with advertising a lower cost than they charge? Would it be similar (from a legal perspective) if they added an electricity surcharge or a dishwashing surcharge and lowered their menu prices accordingly?

I'm all for more transparency of taxes for the end-payer, but I'm curious about this from a legal perspective.

Someone replied with an article that they were legal, but that article mentioned the surcharge must be disclosed prior to ordering. I suspect there's wiggle room for a good lawyer if they're using mouseprint or not making sure ordering services like Grubhub accurately disclose the charge.

In San Diego the surcharges were deemed legal: https://www.sandiegouniontribune.com/business/restaurants/sd...