[HISTORY: Adopted by the Legislature of the County of Monroe 10-12-2021 by L.L. No.
8-2021. Amendments noted where applicable.]
This chapter shall be known as the law "To Establish the Food
Delivery Fairness Act."
The following words, when used in this chapter, shall have the
meanings indicated:
Shall have the same meaning as provided in § 569-50 of the Monroe County Code.
Any website, mobile application or other internet service
that offers or arranges for the sale of food and beverages prepared
by, and the same-day delivery and same-day pickup of food and beverages
from, restaurants located in the County that are owned and operated
by different persons.
A.
A third-party
food delivery service shall not list, advertise, promote, or sell
a restaurant's products, or arrange for the delivery of an order of
such products, on a third-party food delivery platform without a valid
written agreement with the restaurant authorizing the inclusion of
their products on such platform.
B.
In the
event a third-party food delivery service receives a written request
from a restaurant requesting that such restaurant be removed from
such third-party food delivery service's application and/or website,
such third-party food delivery service shall confirm receipt of such
request and remove such restaurant from its application and/or website
immediately thereafter.
In the event that a third-party food delivery platform does
not remove a restaurant from its application and/or website after
receiving a request to do so from such restaurant within five business
days of receiving such request, a restaurant may enforce this chapter
by means of a civil action seeking injunctive relief. The prevailing
party in any such action shall be entitled to an award of reasonable
attorney fees.
If any clause, sentence, paragraph, section, subdivision or
other part of this chapter or its application shall be adjudged by
a court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or otherwise invalidate
the remainder of this chapter which shall remain in full force and
effect except as limited by such order or judgment.
This chapter shall be null and void on the day statewide legislation
goes into effect, incorporating either the same or substantially similar
provisions as are contained in this chapter, unless state law specifically
exempts from preemption earlier enacted local laws in this area. The
County Legislature may determine via resolution whether or not identical
or substantially similar statewide legislation or pertinent preempting
state or federal regulations have been enacted for the purposes of
triggering the provisions in this section.
This chapter shall take effect in accordance with the provisions
of the Municipal Home Rule Law and the Monroe County Charter.
