[HISTORY: Adopted by Dutchess County 10-12-2021 by L.L. No. 5-2021. Amendments noted where applicable.]
A. 
Food service establishments in Dutchess County are encountering unscrupulous practices by unauthorized third-party food ordering services who misrepresent menus and purchase prices. Such practices have led to reputational and financial harm to food services establishments. This local law requires a food service establishment and a third-party food ordering service to enter into an agreement prior to the establishment's information appearing on said service's platform.
B. 
This article partially codifies Local Emergency Order #13, Section 2 issued on January 17, 2021, and rescinded on August 13, 2021.
As used in this article, the following terms shall have the meanings indicated:
ADVERTISED PURCHASE PRICE
The total price of an item or good for sale listed on a website owned and/or maintained by the food service establishment, menu or display boards found on the premise of the food service establishment or listed on free or paid promotional materials at the request of the food service establishment.
FOOD SERVICE ESTABLISHMENT
Any restaurant, dining room, food truck, or other business engaged in the preparation and service of food for consumption by the general public on or off premises.
ONLINE ORDER
Any order placed by a customer through or with the assistance of a platform provided by a third-party food ordering service, including a telephone order.
THIRD-PARTY FOOD ORDERING SERVICE
Any website, mobile application, telephone service, or other internet service that offers or arranges for sale of food and beverages.
A. 
A third-party food ordering service shall not arrange for an online order from a food service establishment without such food service establishment expressly authorizing such third-party food ordering service to take orders and/or to deliver food and/or beverages prepared by such food service establishment.
B. 
A third-party food ordering service shall be prohibited from listing a food service establishment on its application and/or website as a participating food service establishment without first executing a written agreement pursuant to Subsection A of this section.
C. 
In the event a third-party food ordering service receives a written request from a food service establishment requesting that such food service establishment be removed from such third-party food ordering service's application and/or website, such third-party food ordering service shall confirm receipt of such request and shall remove such food service establishment from its application and/or website within five business days of receipt.
D. 
No third-party food ordering service shall falsely represent or increase the advertised purchase price of any item or good offered for sale at a food service establishment nor shall they make any misleading representation or false advertisement as to the same.
(1) 
A food service establishment shall notify any authorized third-party food ordering service of any permanent advertised purchase price alterations.
E. 
Nothing in this article shall restrict a third-party food ordering service from charging or collecting taxes, gratuities, or any other fees for an online order.
F. 
Any applicable taxes for an online order shall be listed separate from gratuities or any other fees.
A. 
The Dutchess County Commissioner of Behavioral and Community Health or his designee shall be vested with the power to promulgate rules and regulations consistent with and in furtherance of implementing this article.
B. 
Prior to the law's enaction, the County shall notify each holder of a permit to operate a food service establishment of this article.
C. 
Any third-party food ordering service which fails to comply with this article shall be subject to an administrative penalty and enforceable by the Dutchess County Commissioner of Behavioral and Community Health, or her/his designee.
D. 
A person who willfully violates or refuses or omits to comply with any lawful order or regulation prescribed by any local board of health or local health officer, is guilty of a misdemeanor pursuant to NY Public Health Law Section 12-b, punishable by a fine not to exceed $500 or imprisonment not to exceed six months or both such fine and imprisonment, enforceable by the Dutchess County District Attorney.
It is hereby determined, pursuant to the provisions of the State Environmental Quality Review Act, 8 NYECL Section 0101 et seq., and its implementing regulations, Part 617 of 6 NYCRR, that the adoption of this local law is a "Type II" Action within the meaning of Section 617.5(c)(20) and (27) of 6 NYCRR, and, accordingly, is of a class of actions which do not have a significant impact on the environment and no further review is required." [6 NYCRR Section 617.5(c)(20) and (27) apply to: "(20) routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment" and "(27) adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list."]
If any clause, sentence, paragraph, subdivision, section or part of this article or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this article, or in its application to the person, individual corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgement shall be rendered.
This article shall be null and void on the day that statewide legislation goes into effect incorporating either the same of substantially similar provisions as are contained in this article or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Dutchess.