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.
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.
This article shall be effective January 1, 2022.