Relating to the operation of third-party food delivery platforms during a public health emergency and including applicability provisions

This bill relates to the operation of third-party food delivery platforms during a public health emergency. The bill defines “online order” to mean a food order placed by a customer through a third-party food delivery platform for pickup or delivery in the state. The bill defines “purchase price” to mean the menu price of an online order, excluding additional fees. The bill defines “third-party food delivery platform” or “platform” to mean a website, mobile application, or internet service that offers or arranges for the sale of food and beverages prepared by restaurants for same-day delivery or pickup. The bill provides that a third-party food delivery platform shall not charge commission fees to a restaurant for the platform’s services totaling more than percent of the order purchase price during or days following a public health emergency. A platform shall not garnish delivery driver compensation to fulfill the requirements of the bill. The platform shall disclose any fees charged by the platform to a restaurant for use of the platform prior to a customer completing the transaction. The bill provides that a violation of the bill’s provisions shall result in a fine between $250 and $1,000 per violation.16 (consumer frauds). Several types of remedies are available if a court finds that a person has committed an unlawful practice, including injunctive relief, disgorgement of moneys or property, and a civil penalty not to exceed $40,000 per violation. The bill provides that the department of inspections and appeals shall adopt rules to administer the provisions of the bill. The bill applies to third-party service delivery platforms operating on or after the effective date of the bill.