For purposes of this chapter the following definitions apply:
"City"
means the city of Buena Park.
"Delivery fee"
means a fee, commission, or charge per online order assessed by a third-party food delivery service for the purpose of providing a retail food establishment with a service that facilitates and/or performs the delivery of food and/or beverages from such establishment to customers, including listing a retail food establishment on a third-party food delivery service platform. A delivery fee does not include any other fees or costs that may be charged by a third-party food delivery service to a retail food establishment, such as fees for advertising or credit card processing.
"Non-delivery fee"
means a fee, commission, or charge per online order assessed by a third-party food delivery service to a retail food establishment for a service to the establishment other than facilitating or performing the delivery of food and/or beverages from such retail food establishment to customers and listing a retail food establishment on a third-party food delivery service platform. Non-delivery fees include, but are not limited to, fees for advertising the retail food establishment on the third-party food delivery service platform beyond a simple listing, business consulting service fees, and credit card transaction fees.
"Online order"
means an 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, for delivery or pick-up within the city.
"Purchase price"
means the price, as listed on the menu for the retail food establishment, for the items contained in an online order. This definition does not include taxes or gratuities that may make up the total amount charged to the customer of an online order.
"Retail food establishment"
means a restaurant, delicatessen, bakery, coffee shop, or other eat-in or carry-out service of processed or prepared raw and ready-to-eat food or beverages.
"Third-party food delivery service"
means any website, mobile application, or other internet-based service, including, but not limited to, a "food delivery platform" as that term is defined by Section 22598 of the Business and Professions Code, that offers or arranges for the sale of food and beverages prepared by, and the delivery or pick-up of food and beverages from, no fewer than twenty retail food establishments located in the city that are each owned and operated by different persons or entities.
(Ord. 1714 § 2, 2023)
A. 
No third-party food delivery service shall charge a retail food establishment a delivery fee that exceeds fifteen percent of the purchase price of any online order.
B. 
No third-party food delivery service shall charge a retail food establishment any amount designated as a delivery fee for an online order that does not involve the delivery of food or beverages.
C. 
Notwithstanding the limitations on a delivery fee set forth in subsections A and B above, a third-party food delivery service may charge a retail food establishment a non-delivery fee of not more than five percent of the purchase price of an online order, provided the third party food delivery service does not make its agreement to provide delivery services to a retail food establishment contingent on that establishment's agreement to pay a non-delivery fee and/or accept services covered by a non-delivery fee, and provided the retail food establishment agrees to the non-delivery fee in a contract separate from the contract in which the retail food establishment agrees to the delivery fee.
(Ord. 1714 § 2, 2023)
A. 
Any person aggrieved or injured by a violation of this chapter may bring a civil action in the Superior Court of the state of California to recover all actual damages resulting from the violation. Reasonable attorneys' fees and costs shall be awarded by the court to a plaintiff that prevails in an action against a third-party food delivery service that is found to have violated this chapter. If the third-party food delivery service successfully defends such a civil action, the court may award reasonable attorneys' fees and costs to the third-party food delivery service upon a determination by the court that the plaintiff's action was frivolous.
B. 
Prior to bringing a civil action as is permitted by this section, the party claiming a violation of this chapter shall first satisfy the following requirements:
1. 
Written notice shall be provided to the third-party food delivery service of the provisions of this chapter alleged to have been violated and the facts to support the alleged violation; and
2. 
The third-party food delivery service is provided fifteen days from the date of the written notice to cure any alleged violation.
C. 
Notwithstanding any provision of this chapter or any other ordinance or provision of the Buena Park Municipal Code to the contrary, no criminal penalties shall apply for a violation of this chapter.
(Ord. 1714 § 2, 2023)