Does This Hidden Service Charge Violate California Law?

Hi everyone,

I recently dined at a restaurant in California and was surprised to find an 18% service charge added to my bill because we were a party of 5. When I questioned the charge, the manager pointed out a small disclosure at the very bottom of the menu that says: “18% charge will be added to parties of 5 or more (children included in count).”

The disclosure is written in small font, wasn’t obvious, and there were no signs or notices about it anywhere in the restaurant. I mentioned my concerns to the manager, who claimed that their lawyer assured them this was legal. However, I find this hard to believe, given California’s “Honest Pricing Law” (SB 478), which requires mandatory fees to be “clearly and conspicuously” disclosed.

It feels like this disclosure was intentionally made difficult to see, and we were charged before we even had a chance to notice it. Does this placement—or the lack of additional signage—violate California law? I’ve attached a photo of the menu for reference.

https://imgur.com/gallery/K2YQPai

Thanks for any advice or insights into this situation!