[Adopted 8-9-2021 by L.L.
No. 6-2021]
As used in this article, the following terms shall have the
meanings indicated:
A written contract between a food service establishment and
a third-party food delivery service authorizing the inclusion of the
food service establishment's menu or products on the third-party
food delivery service's platform.
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.
The online or mobile electronic platform of the third-party
food delivery service on which a consumer may view products available
for sale and place an order for a food service establishment's
products.
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 someone other than the third-party food delivery service
itself.
It shall be unlawful for a third-party food delivery service
to sell a food service establishment's products, or arrange for
an order of such products, on a third-party food delivery service
platform without a valid written agreement with the food service establishment
authorizing the inclusion of their products on such platform.
A.
A food service establishment included on a third-party food delivery
platform in violation of this article shall have the right to bring
an action in a court of competent jurisdiction for damages, penalties
as set forth in this section and injunctive relief. Such court, in
its discretion, may also award reasonable court costs and attorneys'
fees.
B.
Any person or company that violates any provision of this article
shall be subject to a civil penalty of up to $1,000 per violation.
Each day a food service establishment is included on a third-party
food delivery platform shall be considered a separate violation. Each
and every food service establishment improperly included on a third-party
food delivery platform shall be considered a separate violation.
This article shall take effect 60 days after filing with the
New York Secretary of State.
