NY State Assembly Bill 2021-A4127B

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to consumer affairs and protection
May 04, 2021	print number 4127b
May 04, 2021	amend and recommit to consumer affairs and protection
Mar 02, 2021	print number 4127a
Mar 02, 2021	amend (t) and recommit to consumer affairs and protection
Feb 01, 2021	referred to consumer affairs and protection

Bill Amendments

Original

B (Active)

co-Sponsors

2021-A4127 - Details

Current Committee:: Assembly Consumer Affairs And Protection
Law Section:: General Business Law
Laws Affected:: Add §391-v, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A11158
2023-2024: A4119

2021-A4127 - Summary

Prohibits third-party food delivery services from charging a food service establishment a delivery fee that totals more than a certain percent of the total purchase price of an online order.

2021-A4127 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4127
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law,  in  relation  to  third-party
   food delivery service charges
 
   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 section
 391-v to read as follows:
   § 391-V. THIRD-PARTY FOOD DELIVERY SERVICE CHARGE. 1. FOR THE PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "DELIVERY FEE" MEANS A FEE CHARGED BY A THIRD-PARTY FOOD  DELIVERY
 SERVICE  FOR  PROVIDING A FOOD SERVICE ESTABLISHMENT WITH A SERVICE THAT
 DELIVERS FOOD FROM SUCH 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 THE ONLINE
 ORDER.
   (B) "FOOD SERVICE ESTABLISHMENT" MEANS A PLACE WHERE FOOD IS  PROVIDED
 FOR  INDIVIDUAL  PORTION  SERVICE  DIRECTLY TO THE CONSUMER WHETHER SUCH
 FOOD IS PROVIDED FREE OF CHARGE OR SOLD, AND WHETHER CONSUMPTION  OCCURS
 ON OR OFF THE PREMISES OR IS PROVIDED FROM A PUSHCART, STAND OR VEHICLE.
   (C)  "ONLINE  ORDER"  MEANS  ANY ORDER PLACED BY A CUSTOMER THROUGH OR
 WITH THE ASSISTANCE OF A PLATFORM PROVIDED BY A THIRD-PARTY FOOD  DELIV-
 ERY SERVICE, INCLUDING A TELEPHONE ORDER.
   (D)  "PURCHASE  PRICE" MEANS THE TOTAL PRICE OF THE ITEMS CONTAINED IN
 AN ONLINE ORDER THAT ARE LISTED ON THE MENU OF THE FOOD  SERVICE  ESTAB-
 LISHMENT  WHERE  SUCH ORDER IS PLACED. SUCH TERM DOES NOT INCLUDE TAXES,
 GRATUITIES AND ANY OTHER FEES THAT MAY MAKE UP THE  TOTAL  COST  TO  THE
 CUSTOMER OF AN ONLINE ORDER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06555-02-1

 A. 4127                             2
 
   (E)  "THIRD-PARTY  FOOD  DELIVERY  SERVICE"  MEANS ANY WEBSITE, MOBILE
 APPLICATION OR OTHER INTERNET SERVICE THAT OFFERS OR  ARRANGES  FOR  THE
 SALE  OF  FOOD  AND  BEVERAGES PREPARED BY, AND THE SAME-DAY DELIVERY OR
 SAME-DAY PICKUP OF FOOD AND BEVERAGES FROM, NO FEWER  THAN  TWENTY  FOOD
 SERVICE  ESTABLISHMENTS LOCATED IN THE STATE THAT ARE OWNED AND OPERATED
 BY DIFFERENT PERSONS.
   2. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION:
   (A) NO THIRD-PARTY FOOD DELIVERY SERVICE SHALL CHARGE A  FOOD  SERVICE
 ESTABLISHMENT  A  DELIVERY  FEE THAT TOTALS MORE THAN FIFTEEN PERCENT 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 DELIV-
 ERY  FEE  PERMITTED UNDER PARAGRAPH (A) OF THIS SUBDIVISION, FOR THE USE
 OF SERVICES PROVIDED BY SUCH THIRD-PARTY DELIVERY SERVICE THAT IS GREAT-
 ER THAN FIVE PERCENT OF THE PURCHASE PRICE OF EACH ONLINE ORDER.
   (C) ANY FEE OR OTHER CHARGES FROM A THIRD-PARTY FOOD DELIVERY  SERVICE
 TO A FOOD SERVICE ESTABLISHMENT BEYOND SUCH MAXIMUM FIVE PERCENT FEE PER
 ORDER  PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, AND A DELIVERY FEE
 COLLECTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, SHALL BE UNLAW-
 FUL; AND
   (D) NO THIRD-PARTY FOOD DELIVERY  SERVICE  SHALL  REDUCE  THE  COMPEN-
 SATION,  INCLUDING  BUT NOT LIMITED TO, ANY TIP OR GRATUITY, PAID TO ANY
 WORKER, AS A RESULT OF COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
   3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
 STATE  OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE AN
 INJUNCTION TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATION; AND
 IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT  THE
 DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS SECTION, AN INJUNCTION MAY BE
 ISSUED BY SUCH COURT OR JUSTICE, ENJOINING AND RESTRAINING  ANY  FURTHER
 VIOLATION,  WITHOUT  REQUIRING  PROOF THAT ANY PERSON HAS, IN FACT, BEEN
 INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT  MAY  MAKE
 ALLOWANCES  TO  THE ATTORNEY GENERAL AND DIRECT RESTITUTION OF AN AMOUNT
 NOT TO EXCEED THE AMOUNT OF FEES COLLECTED IN VIOLATION OF THIS  SECTION
 BY  A THIRD-PARTY FOOD DELIVERY SERVICE, ATTORNEYS' FEES, AND SUCH OTHER
 REMEDIES AS THE COURT MAY DEEM APPROPRIATE.  WHENEVER  THE  COURT  SHALL
 DETERMINE  THAT  A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY
 IMPOSE A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND  DOLLARS  FOR  EACH
 VIOLATION.  EACH  DAY  A VIOLATION OF THIS SECTION IS CONTINUED AND EACH
 FOOD SERVICE ESTABLISHMENT CHARGED A FEE IN VIOLATION  OF  THIS  SECTION
 SHALL  CONSTITUTE  A  SEPARATE  VIOLATION.  IN  CONNECTION WITH ANY SUCH
 PROPOSED APPLICATION THE ATTORNEY GENERAL IS AUTHORIZED  TO  TAKE  PROOF
 AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   § 2. This act shall take effect immediately.

co-Sponsors

2021-A4127A - Details

Current Committee:: Assembly Consumer Affairs And Protection
Law Section:: General Business Law
Laws Affected:: Add §391-v, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A11158
2023-2024: A4119

2021-A4127A - Summary

Prohibits third-party food delivery services from charging a food service establishment a delivery fee that totals more than a certain percent of the total purchase price of an online order.

2021-A4127A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4127--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced by M. of A. FAHY, McDONALD, BURDICK -- read once and referred
   to  the  Committee  on  Consumer  Affairs  and Protection -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the general business law,  in  relation  to  third-party
   food  delivery  service  charges; and providing for the repeal of such
   provisions upon expiration thereof
 
   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 section
 391-v to read as follows:
   § 391-V. THIRD-PARTY FOOD DELIVERY SERVICE CHARGE. 1. FOR THE PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "DELIVERY FEE" MEANS A FEE CHARGED BY A THIRD-PARTY FOOD DELIVERY
 SERVICE FOR PROVIDING A FOOD SERVICE ESTABLISHMENT WITH A  SERVICE  THAT
 DELIVERS  FOOD  FROM  SUCH 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  THE  ONLINE
 ORDER.
   (B)  "FOOD SERVICE ESTABLISHMENT" MEANS A PLACE WHERE FOOD IS PROVIDED
 FOR INDIVIDUAL PORTION SERVICE DIRECTLY TO  THE  CONSUMER  WHETHER  SUCH
 FOOD  IS PROVIDED FREE OF CHARGE OR SOLD, AND WHETHER CONSUMPTION OCCURS
 ON OR OFF THE PREMISES OR IS PROVIDED FROM A PUSHCART, STAND OR VEHICLE.
   (C) "ONLINE ORDER" MEANS ANY ORDER PLACED BY  A  CUSTOMER  THROUGH  OR
 WITH  THE ASSISTANCE OF A PLATFORM PROVIDED BY A THIRD-PARTY FOOD DELIV-
 ERY SERVICE, INCLUDING A TELEPHONE ORDER.
   (D) "PURCHASE PRICE" MEANS THE TOTAL PRICE OF THE ITEMS  CONTAINED  IN
 AN  ONLINE  ORDER THAT ARE LISTED ON THE MENU OF THE FOOD SERVICE ESTAB-
 LISHMENT WHERE SUCH ORDER IS PLACED. SUCH TERM DOES NOT  INCLUDE  TAXES,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06555-06-1

 A. 4127--A                          2
 
 GRATUITIES  AND  ANY  OTHER  FEES THAT MAY MAKE UP THE TOTAL COST TO THE
 CUSTOMER OF AN ONLINE ORDER.
   (E)  "THIRD-PARTY  FOOD  DELIVERY  SERVICE"  MEANS ANY WEBSITE, MOBILE
 APPLICATION OR OTHER INTERNET SERVICE THAT OFFERS OR  ARRANGES  FOR  THE
 SALE  OF  FOOD  AND  BEVERAGES PREPARED BY, AND THE SAME-DAY DELIVERY OR
 SAME-DAY PICKUP OF FOOD AND BEVERAGES FROM, NO FEWER  THAN  TWENTY  FOOD
 SERVICE  ESTABLISHMENTS LOCATED IN THE STATE THAT ARE OWNED AND OPERATED
 BY DIFFERENT PERSONS.
   2. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION:
   (A) NO THIRD-PARTY FOOD DELIVERY SERVICE SHALL CHARGE A  FOOD  SERVICE
 ESTABLISHMENT  A  DELIVERY  FEE THAT TOTALS MORE THAN FIFTEEN PERCENT 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 DELIV-
 ERY  FEE  PERMITTED UNDER PARAGRAPH (A) OF THIS SUBDIVISION, FOR THE USE
 OF SERVICES PROVIDED BY SUCH THIRD-PARTY DELIVERY SERVICE THAT IS GREAT-
 ER THAN FIVE PERCENT  OF  THE  PURCHASE  PRICE  OF  EACH  ONLINE  ORDER,
 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  BY  THE  THIRD-PARTY  FOOD  DELIVERY  SERVICE TO SUCH FOOD
 SERVICE ESTABLISHMENT.
   (C) ANY FEE OR OTHER CHARGES FROM A THIRD-PARTY FOOD DELIVERY  SERVICE
 TO A FOOD SERVICE ESTABLISHMENT BEYOND SUCH MAXIMUM FIVE PERCENT FEE PER
 ORDER  AND  A CREDIT CARD FEE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVI-
 SION, AND A DELIVERY FEE COLLECTED PURSUANT TO  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION, SHALL BE UNLAWFUL; AND
   (D)  NO  THIRD-PARTY  FOOD  DELIVERY  SERVICE SHALL REDUCE THE COMPEN-
 SATION, INCLUDING BUT NOT LIMITED TO, ANY TIP OR GRATUITY, PAID  TO  ANY
 WORKER, AS A RESULT OF COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
   3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE  AN
 INJUNCTION TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATION; AND
 IF  IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE
 DEFENDANT HAS, IN FACT, VIOLATED THIS  SECTION,  AN  INJUNCTION  MAY  BE
 ISSUED  BY  SUCH COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER
 VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS,  IN  FACT,  BEEN
 INJURED  OR  DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE
 ALLOWANCES TO THE ATTORNEY GENERAL AND DIRECT RESTITUTION OF  AN  AMOUNT
 NOT  TO EXCEED THE AMOUNT OF FEES COLLECTED IN VIOLATION OF THIS SECTION
 BY A THIRD-PARTY FOOD DELIVERY SERVICE, ATTORNEYS' FEES, AND SUCH  OTHER
 REMEDIES  AS  THE  COURT  MAY DEEM APPROPRIATE. WHENEVER THE COURT SHALL
 DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE  COURT  MAY
 IMPOSE  A  CIVIL  PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH
 VIOLATION. EACH DAY A VIOLATION OF THIS SECTION IS  CONTINUED  AND  EACH
 FOOD  SERVICE  ESTABLISHMENT  CHARGED A FEE IN VIOLATION OF THIS SECTION
 SHALL CONSTITUTE A SEPARATE  VIOLATION.  IN  CONNECTION  WITH  ANY  SUCH
 PROPOSED  APPLICATION  THE  ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF
 AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   § 2. This act shall take effect immediately, and shall expire  and  be
 deemed repealed ninety days after the end of the state disaster emergen-
 cy  declared  pursuant  to  executive  order  number 202 and any further
 amendments or modifications, and as may be further extended pursuant  to
 section  28 of the executive law; and provided, further, that the attor-
 ney general shall notify the legislative bill drafting  commission  upon

 A. 4127--A                          3

 the  occurrence  of  the  expiration  of  the  state  disaster emergency
 declared by executive order number 202 and  any  further  amendments  or
 modifications,  and as may be further extended pursuant to section 28 of
 the executive law, in order that the commission may maintain an accurate
 and  timely  effective data base of the official text of the laws of the
 state of New York in  furtherance  of  effectuating  the  provisions  of
 section  44  of the legislative law and section 70-b of the public offi-
 cers law.

co-Sponsors

2021-A4127B (ACTIVE) - Details

Current Committee:: Assembly Consumer Affairs And Protection
Law Section:: General Business Law
Laws Affected:: Add §391-v, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A11158
2023-2024: A4119

2021-A4127B (ACTIVE) - Summary

Prohibits third-party food delivery services from charging a food service establishment a delivery fee that totals more than a certain percent of the total purchase price of an online order.

2021-A4127B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4127--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced by M. of A. FAHY, McDONALD, BURDICK -- read once and referred
   to  the  Committee  on  Consumer  Affairs  and Protection -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments, ordered reprinted as amended and recommitted to said committee

 AN  ACT  to  amend  the general business law, in relation to third-party
   food delivery service charges; and providing for the  repeal  of  such
   provisions upon expiration thereof
 
   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 section
 391-v to read as follows:
   § 391-V. THIRD-PARTY FOOD DELIVERY SERVICE CHARGE. 1. FOR THE PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "DELIVERY FEE" MEANS A FEE CHARGED BY A THIRD-PARTY FOOD  DELIVERY
 SERVICE  FOR  PROVIDING A FOOD SERVICE ESTABLISHMENT WITH A SERVICE THAT
 DELIVERS FOOD FROM SUCH 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 THE ONLINE
 ORDER.
   (B) "FOOD SERVICE ESTABLISHMENT" MEANS A PLACE WHERE FOOD IS  PROVIDED
 FOR  INDIVIDUAL  PORTION  SERVICE  DIRECTLY TO THE CONSUMER WHETHER SUCH
 FOOD IS PROVIDED FREE OF CHARGE OR SOLD, AND WHETHER CONSUMPTION  OCCURS
 ON OR OFF THE PREMISES OR IS PROVIDED FROM A PUSHCART, STAND OR VEHICLE.
   (C)  "ONLINE  ORDER"  MEANS  ANY ORDER PLACED BY A CUSTOMER THROUGH OR
 WITH THE ASSISTANCE OF A PLATFORM PROVIDED BY A THIRD-PARTY FOOD  DELIV-
 ERY SERVICE, INCLUDING A TELEPHONE ORDER.
   (D)  "PURCHASE  PRICE" MEANS THE TOTAL PRICE OF THE ITEMS CONTAINED IN
 AN ONLINE ORDER THAT ARE LISTED ON THE MENU OF THE FOOD  SERVICE  ESTAB-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06555-08-1

 A. 4127--B                          2
 
 LISHMENT  WHERE  SUCH ORDER IS PLACED. SUCH TERM DOES NOT INCLUDE TAXES,
 GRATUITIES AND ANY OTHER FEES THAT MAY MAKE UP THE  TOTAL  COST  TO  THE
 CUSTOMER OF AN ONLINE ORDER.
   (E)  "THIRD-PARTY  FOOD  DELIVERY  SERVICE"  MEANS ANY WEBSITE, MOBILE
 APPLICATION OR OTHER INTERNET SERVICE THAT OFFERS OR  ARRANGES  FOR  THE
 SALE  OF  FOOD  AND  BEVERAGES PREPARED BY, AND THE SAME-DAY DELIVERY OR
 SAME-DAY PICKUP OF FOOD AND BEVERAGES FROM, NO FEWER  THAN  TWENTY  FOOD
 SERVICE  ESTABLISHMENTS LOCATED IN THE STATE THAT ARE OWNED AND OPERATED
 BY DIFFERENT PERSONS.
   2. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION:
   (A) NO THIRD-PARTY FOOD DELIVERY SERVICE SHALL CHARGE A  FOOD  SERVICE
 ESTABLISHMENT  A  DELIVERY  FEE THAT TOTALS MORE THAN FIFTEEN PERCENT 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 DELIV-
 ERY  FEE  PERMITTED UNDER PARAGRAPH (A) OF THIS SUBDIVISION, FOR THE USE
 OF SERVICES PROVIDED BY SUCH THIRD-PARTY DELIVERY SERVICE THAT IS GREAT-
 ER THAN FIVE PERCENT  OF  THE  PURCHASE  PRICE  OF  EACH  ONLINE  ORDER,
 PROVIDED  THAT SUCH CAP SHALL NOT APPLY TO A PAYMENT PROCESSING FEE THAT
 IS CHARGED TO THE THIRD-PARTY FOOD DELIVERY SERVICE AND  IS  CHARGED  IN
 THE  SAME  AMOUNT  BY THE THIRD-PARTY FOOD DELIVERY SERVICE TO SUCH FOOD
 SERVICE ESTABLISHMENT;
   (C) ANY FEE OR OTHER CHARGES FROM A THIRD-PARTY FOOD DELIVERY  SERVICE
 TO A FOOD SERVICE ESTABLISHMENT BEYOND SUCH MAXIMUM FIVE PERCENT FEE PER
 ORDER  AND  A  PAYMENT  PROCESSING FEE PURSUANT TO PARAGRAPH (B) OF THIS
 SUBDIVISION, AND A DELIVERY FEE COLLECTED PURSUANT TO PARAGRAPH  (A)  OF
 THIS  SUBDIVISION,  SHALL  BE  UNLAWFUL.   NOTHING IN THIS CHAPTER SHALL
 PROHIBIT AN AGREEMENT BETWEEN A FOOD SERVICE ESTABLISHMENT AND A  THIRD-
 PARTY  FOOD  DELIVERY  SERVICE  TO OBTAIN OPTIONAL PRODUCTS OR SERVICES,
 INCLUDING, BUT NOT LIMITED TO,  ADVERTISING,  MARKETING,  OR  ACCESS  TO
 CUSTOMER SUBSCRIPTION PROGRAMS; AND
   (D)  NO  THIRD-PARTY  FOOD  DELIVERY  SERVICE SHALL REDUCE THE COMPEN-
 SATION, INCLUDING BUT NOT LIMITED TO, ANY TIP OR GRATUITY, PAID  TO  ANY
 WORKER, AS A RESULT OF COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
   3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE  AN
 INJUNCTION TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATION; AND
 IF  IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE
 DEFENDANT HAS, IN FACT, VIOLATED THIS  SECTION,  AN  INJUNCTION  MAY  BE
 ISSUED  BY  SUCH COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER
 VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS,  IN  FACT,  BEEN
 INJURED  OR  DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE
 ALLOWANCES TO THE ATTORNEY GENERAL AND DIRECT RESTITUTION OF  AN  AMOUNT
 NOT  TO EXCEED THE AMOUNT OF FEES COLLECTED IN VIOLATION OF THIS SECTION
 BY A THIRD-PARTY FOOD DELIVERY SERVICE, ATTORNEYS' FEES, AND SUCH  OTHER
 REMEDIES  AS  THE  COURT  MAY DEEM APPROPRIATE. WHENEVER THE COURT SHALL
 DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE  COURT  MAY
 IMPOSE  A  CIVIL  PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH
 VIOLATION. EACH DAY A VIOLATION OF THIS SECTION IS  CONTINUED  AND  EACH
 FOOD  SERVICE  ESTABLISHMENT  CHARGED A FEE IN VIOLATION OF THIS SECTION
 SHALL CONSTITUTE A SEPARATE  VIOLATION.  IN  CONNECTION  WITH  ANY  SUCH
 PROPOSED  APPLICATION  THE  ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF
 AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.

 A. 4127--B                          3

   4. THIS SECTION SHALL SUPERSEDE AND PREEMPT  ALL  RULES,  REGULATIONS,
 CODES,  STATUTES, OR ORDINANCES OF ALL CITIES, COUNTIES, MUNICIPALITIES,
 AND LOCAL AGENCIES REGARDING  THIRD-PARTY  FOOD  DELIVERY  SERVICE  FEES
 UNTIL EXPIRATION OF THIS SECTION.
   §  2.  This act shall take effect immediately, and shall expire and be
 deemed repealed ninety days after the end of the state disaster emergen-
 cy declared pursuant to executive  order  number  202  and  any  further
 amendments  or modifications, and as may be further extended pursuant to
 section 28 of the executive law; and provided, further, that the  attor-
 ney  general  shall notify the legislative bill drafting commission upon
 the occurrence  of  the  expiration  of  the  state  disaster  emergency
 declared  by  executive  order  number 202 and any further amendments or
 modifications, and as may be further extended pursuant to section 28  of
 the executive law, in order that the commission may maintain an accurate
 and  timely  effective data base of the official text of the laws of the
 state of New York in  furtherance  of  effectuating  the  provisions  of
 section  44  of the legislative law and section 70-b of the public offi-
 cers law.

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Assembly Bill A4127B

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2021-A4127 - Details

2021-A4127 - Summary

2021-A4127 - Bill Text download pdf

co-Sponsors

2021-A4127A - Details

2021-A4127A - Summary

2021-A4127A - Bill Text download pdf

co-Sponsors

2021-A4127B (ACTIVE) - Details

2021-A4127B (ACTIVE) - Summary

2021-A4127B (ACTIVE) - Bill Text download pdf

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Assembly Bill A4127B

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Sponsored By

FAHY

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

John T. McDonald III

Chris Burdick

2021-A4127 - Details

2021-A4127 - Summary

2021-A4127 - Bill Text download pdf

co-Sponsors

John T. McDonald III

Chris Burdick

2021-A4127A - Details

2021-A4127A - Summary

2021-A4127A - Bill Text download pdf

co-Sponsors

John T. McDonald III

Chris Burdick

2021-A4127B (ACTIVE) - Details

2021-A4127B (ACTIVE) - Summary

2021-A4127B (ACTIVE) - Bill Text download pdf

Comments