§ 365-1. Legislative findings and intent.

A. 

The Legislature finds that the Suffolk County Department of Consumer Affairs has received numerous complaints from consumers about catering contracts. These contracts are very often executed long in advance of affairs, at the urging of caterers, to avoid scheduling disappointments.

B. 

The Legislature further finds that, upon the execution of such a contract, a consumer is required to make an initial payment and may be required to make periodic payments thereafter.

C. 

The Legislature further finds that those who cancel catering contracts, in most instances, do so for legitimate reasons. The major area of consumer complaints relates to these cancellations and the claims of patrons for restitution of these partial payments and, on the other hand, the caterers' claims to damages due to these cancellations.

D. 

The Legislature further finds that the common "no return of deposit" clause too often results in an unconscionable and unjust situation because the caterer often rebooks the room for the contracted date at a price more or less than the original contract price but which has no bearing on the "no return of deposit" clause.

E. 

The Legislature further finds that a caterer's delegation of its performance of the contract to another caterer without the consumer's consent is unconscionable.

F. 

The Legislature intends to cure these inequities by establishing criteria and procedures for cancellation of catering contracts and for the delegating of these contracts.