Local Authority To Impose Food Delivery Fee Restrictions

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.)