senate Bill S1547

2021-2022 Legislative Session

Relates to capping on third-party food delivery service fees

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 13, 2021 referred to consumer protection

Co-Sponsors

S1547 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §396-rrr, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S8290

S1547 (ACTIVE) - Summary

Relates to capping third-party food delivery service fees so that such fees cannot exceed ten percent of the purchase price of an online order.

S1547 (ACTIVE) - Sponsor Memo

S1547 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1547
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 Introduced  by Sens. KAVANAGH, KAMINSKY -- read twice and ordered print-
   ed, and when printed to be committed  to  the  Committee  on  Consumer
   Protection
 
 AN  ACT  to  amend  the general business law, in relation to 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.

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