|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jul 20, 2020||referred to rules|
senate Bill S8816
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8816 (ACTIVE) - Details
S8816 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8816 SPONSOR: SAVINO TITLE OF BILL: An act to amend the general business law, in relation to third-party delivery services PURPOSE: Amends the general business law to require a written agreement between a merchant and third-party delivery service authorizing the inclusion of such merchant's products on the third-party delivery platform. SUMMARY OF PROVISIONS: Adds a new article 39-H to the General Business Law Section 900 - provides for definitions of "agreements", "consumer", "merchant", "third-party delivery service" and "third-party delivery platform"
S8816 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8816 I N S E N A T E July 20, 2020 ___________ Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the general business law, in relation to third-party delivery services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new article 39-H to read as follows: ARTICLE 39-H THIRD-PARTY DELIVERY SERVICES SECTION 900. DEFINITIONS. 901. AGREEMENT; INDEMNITY; PENALTIES. § 900. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "AGREEMENT" MEANS A WRITTEN CONTRACTUAL AGREEMENT BETWEEN A MERCHANT AND A THIRD-PARTY DELIVERY SERVICE AUTHORIZING THE INCLUSION OF THE MERCHANT'S PRODUCTS ON THE THIRD-PARTY DELIVERY PLATFORM. 2. "CONSUMER" MEANS A PERSON, BUSINESS, OR OTHER ENTITY WHO PLACES AN ORDER FOR A MERCHANT'S PRODUCTS THROUGH A THIRD-PARTY DELIVERY PLATFORM. 3. "MERCHANT" MEANS A RESTAURANT OR OTHER RETAIL ENTITY. 4. "THIRD-PARTY DELIVERY SERVICE" MEANS A COMPANY, ORGANIZATION, OR OTHER ENTITY, OTHER THAN A MERCHANT, THAT PROVIDES DELIVERY SERVICES TO CONSUMERS. 5. "THIRD-PARTY DELIVERY PLATFORM" MEANS THE ONLINE OR MOBILE PLATFORM OF THE THIRD-PARTY DELIVERY SERVICE ON WHICH A CONSUMER CAN VIEW PRODUCTS AVAILABLE FOR SALE AND PLACE AN ORDER FOR MERCHANT PRODUCTS. § 901. AGREEMENT; INDEMNITY; PENALTIES. 1. A THIRD-PARTY DELIVERY SERVICE SHALL NOT ADVERTISE, PROMOTE, OR SELL A MERCHANT'S PRODUCTS ON A THIRD-PARTY DELIVERY PLATFORM WITHOUT A VALID AGREEMENT WITH THE MERCHANT AUTHORIZING THE INCLUSION OF THE MERCHANT'S PRODUCTS ON SUCH PLATFORM. 2. AN AGREEMENT EXECUTED IN ACCORDANCE WITH THIS SECTION SHALL NOT INCLUDE A PROVISION, CLAUSE, OR COVENANT THAT REQUIRES A MERCHANT TO INDEMNIFY A THIRD-PARTY DELIVERY SERVICE, ANY INDEPENDENT CONTRACTOR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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