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Local Authority To Impose Food Delivery Fee Restrictions

Concerning authorization for local governments to enact restrictions relating to fees charged by a third-party food delivery service to a retail food establishment.
2020 Extraordinary Session
Local Government
State Government
Bill Summary

The During a declared public health disaster emergency, the bill authorizes counties and municipalities to enact ordinances and resolutions that:

  • Limit the amount of the fee , excluding a fee related to credit card processing, that a third-party delivery service may charge to a retail food establishment in a county or municipality where indoor dining is prohibited at a capacity of at least 50% or below at the discretion of the county or municipality ;
  • Restrict the ability of a third-party food delivery service to reduce the compensation rate or tips paid to a delivery driver or retail food establishment to offset revenue reductions resulting from a fee limit;
  • Require that any fee or commission charged to a retail food establishment be disclosed by the third-party food delivery service to the customer; and
  • Restrict a third-party food delivery service's ability to service, or disclose any information about, service a retail food establishment without the retail food establishment's consent; and consent.
  • Impose civil penalties for a violation of any ordinance or resolution enacted.

The bill also immunizes any county or municipality that enacts an ordinance or a resolution as authorized by the bill from liability for economic damage suffered as a result of the ordinance or resolution.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)


Became Law


Bill Text

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