As used in this article, the following terms shall have the
meanings indicated:
AGREEMENT
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.
FOOD SERVICE ESTABLISHMENT
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.
THIRD-PARTY FOOD DELIVERY PLATFORM
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.
THIRD-PARTY FOOD DELIVERY SERVICE
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.
This article shall take effect 60 days after filing with the
New York Secretary of State.