[HISTORY: Adopted by the Board of Supervisors of Saratoga
County as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-16-2021 by L.L. No. 2-2021]
This article shall be known as "A Local Law Limiting Third-Party
Food Delivery Service Fees During a Declared Emergency."
A.
DECLARED EMERGENCY
DELIVERY FEE
FOOD SERVICE ESTABLISHMENT
ONLINE ORDER
PURCHASE PRICE
THIRD-PARTY FOOD DELIVERY SERVICE
The following words, when used in this article, shall have the meanings
ascribed to them, except in those instances where the context clearly
indicates otherwise:
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 Chairman of the Board of Supervisors
of Saratoga County, and such declaration is in effect in the County,
and there are restrictions imposed on on-site 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 food service 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 an online
order.
Any fixed or mobile restaurant; drive-in; coffee shop; cafeteria;
short-order café; delicatessen; luncheonette; grill; tea room;
sandwich shop; soda fountain; bar; tavern; cocktail lounge; night
club; roadside stand; takeout prepared food place; retail bakery;
industrial feeding establishment; private, public, or nonprofit organization,
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 on the premises or elsewhere; and any other establishment or
operation where food is served or provided to 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 deliver service, including
a telephone order.
The total price of the items contained in the 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 fee that 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 offered
by food service establishments, 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.
B.
Unless otherwise indicated above or by the context in which they
might be used, all words used herein shall have the meanings ascribed
to them by the General Construction Law of the State of New York.
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% per online 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 to 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
service 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 shall only apply during a declared
emergency and for a period of 90 days after the end of the 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.
In the event any section, part of section, sentence, clause
or phrase of this article shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment will not affect the validity
of any other provision of this article.
This article shall take effect upon its filing with the Secretary
of State in accordance with the Municipal Home Rule Law.
