[Adopted 2-8-2021 by L.L.
No. 1-2021]
As used in this article, the following terms shall have the
meanings indicated:
The period of time during which a state disaster emergency
has been declared by the Governor of the State of New York or a state
of emergency has been declared by the Albany County Executive, such
declaration is in effect in the County and there are restrictions
placed on on-premises indoor dining at food service establishments
in the County.
A fee charged by a third-party food delivery service for
providing a food service establishment with a service that delivers
food from such establishment to customers. The term does not include
any other fee that may be charged by a third-party food delivery service
to a food service establishment, such as fees for listing or advertising
the food service establishment on the third-party food delivery service
platform or fees related to processing the online order.
Any fixed or mobile restaurant; drive-in; coffee shop; cafeteria;
short-order cafe; delicatessen; luncheonette; grill; tearoom; sandwich
shop; soda fountain; bar; tavern; cocktail lounge; nightclub; roadside
stand; take-out prepared food place; retail bakery; industrial feeding
establishment; private, public or nonprofit organization or institution,
including: schools; nursing homes; day-care centers and hospitals;
religious and fraternal organizations routinely serving food; catering
kitchens; commissary or similar places in which food is prepared for
sale or for service on the premises or elsewhere; and any other establishment
or operation where food is served or provided for the public, with
or without charge.
Any order placed by a customer through or with the assistance
of a platform provided by a third-party food delivery service, including
a telephone order.
The total price of the items contained in an online order
that are listed on the menu of the food service establishment where
such order is placed. Such term does not include taxes, gratuities
and any other fees that may make up the total cost to the customer
of an online order.
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 or same-day pickup of food and beverages
from food service establishments located in the County that are owned
and operated by different persons.
During declared emergencies:
A.
It shall be unlawful for a third-party food delivery service to charge
a food service establishment a delivery fee that totals more than
15% of the purchase price of each online order.
B.
It shall be unlawful for a third-party food delivery service to charge a food service establishment any fee or fees other than a delivery fee for the use of their service greater than 5% of the purchase price of each online order. Any fees or other charges from a third-party food delivery service to a food service establishment beyond such maximum 5% fee per order, and a delivery fee collected pursuant to Subsection A of this section, are unlawful, provided that such cap shall not apply to a credit card fee that is charged to the third-party food delivery service and is charged in the same amount by the third-party food delivery service to such food service establishment.
C.
It shall be unlawful for a person to cause a third-party food delivery
platform to reduce the compensation rate paid to a delivery service
driver or garnish gratuities in order to comply with this section.
D.
The requirements of this section apply only during a declared emergency
and for a period of 90 days after the end of a declared emergency.
If a third-party food delivery service charges a food service
establishment fees in violation of this article, the food service
establishment shall provide written notice to the third-party food
delivery service requesting a refund within seven days. If the third-party
food delivery service does not provide the refund requested within
seven days of receipt of the written notice or the third-party food
delivery service continues to charge fees in violation of this article
after the initial written notice and seven-day cure period, a food
service establishment may enforce this article by means of a civil
action seeking damages and injunctive relief. The prevailing party
in any such action shall be entitled to an award of reasonable attorney
fees.
