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Senate Bill S6109

2021-2022 Legislative Session

Relates to disclosure of fees charged by third-party food delivery services

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2021-S6109 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §396-rrr, Gen Bus L

2021-S6109 (ACTIVE) - Summary

Requires third-party food delivery services to disclose to customers the percentage of the food order purchase price which is received by the service.

2021-S6109 (ACTIVE) - Sponsor Memo

2021-S6109 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6109
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN  ACT  to amend the general business law, in relation to disclosure of
   third-party food delivery service fees
 
   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
 396-rrr to read as follows:
   §  396-RRR.  THIRD-PARTY  FOOD DELIVERY SERVICE FEES. 1.  DEFINITIONS.
 FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "COVERED ESTABLISHMENT" SHALL MEAN ANY FOOD SERVICE ESTABLISHMENT
 THAT OFFERS, EITHER DIRECTLY OR  THROUGH  A  THIRD-PARTY  FOOD  DELIVERY
 SERVICE,  IN A SINGLE COMMERCIAL TRANSACTION OVER THE PHONE OR INTERNET,
 THE SALE AND SAME-DAY DELIVERY OF FOOD AND BEVERAGES TO  CUSTOMERS  FROM
 ONE OR MORE RETAIL LOCATIONS WITHIN THE STATE.
   (B)  "FOOD SERVICE ESTABLISHMENT" SHALL MEAN ANY BUILDING, VEHICLE, OR
 STRUCTURE, OR ANY ROOM OR DIVISION IN A BUILDING, VEHICLE, OR  STRUCTURE
 WHERE  FOOD  IS PREPARED, SERVED OR SOLD FOR IMMEDIATE CONSUMPTION ON OR
 IN THE VICINITY OF THE PREMISES, CALLED FOR OR TAKEN OUT  BY  CUSTOMERS,
 OR  PREPARED  PRIOR  TO BEING DELIVERED TO ANOTHER LOCATION FOR CONSUMP-
 TION.
   (C) "ONLINE ORDER" MEANS AN ORDER PLACED BY A CUSTOMER THROUGH A PLAT-
 FORM PROVIDED BY A THIRD-PARTY FOOD DELIVERY SERVICE.
   (D) "PURCHASE PRICE" MEANS THE MENU PRICE OF AN ONLINE  ORDER,  EXCLU-
 SIVE OF 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  AND  SAME-DAY  DELIVERY  OR  SAME-DAY PICKUP OF FOOD AND BEVERAGES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09427-01-1

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