Fees charged by third-party food delivery services while an emergency has been declared and food service establishments are prohibited from operating at the maximum indoor occupancy, and for 90 days thereafter.

A Local Law to amend the administrative code of the city of New York, in relation to fees charged by third-party food delivery services while an emergency has been declared and food service establishments are prohibited from operating at the maximum indoor occupancy, and for 90 days thereafter

Third-party food delivery services are entities that provide restaurants with online order and delivery services. This bill would amend an existing law limiting third-party food delivery service fees under certain circumstances. Under the existing law, third-party food delivery services are prohibited from charging restaurants more than 15% per order for delivery and more than 5% per order for all other fees during states of emergency when on-premises dining is prohibited entirely, plus an additional 90 days thereafter. This bill would instead limit such fees during states of emergency when restaurants are restricted from operating at maximum indoor occupancy, plus an additional 90 days thereafter. In addition, this bill would exempt from the 5% limit on non-delivery fees, any fees incurred by the third-party delivery service for processing the customer transaction for which the third-party service acts as a “pass-through” by charging such fees to the restaurant.