NYC Council Public Hearing on Third-Party Delivery Service Legislation

July 1, 2021

Photo courtesy of Johannes Eisele/Getty Images

This Thursday (7/1) at 11am, restaurants will be able to share testimonies explaining why the proposed legislation is so important to you and the industry at large. The companies will undoubtedly oppose the bills and attempt to stop the legislation from passing, therefore it is imperative that restaurants attend and voice their support. 

The bills at hand:

  • Int 2333-2021 – Third-Party Food Delivery Services Unauthorized Deliveries and Listings
  • This Local Law would prohibit Third-Party Food Delivery Services from arranging online order deliveries from a food service establishment without first entering into a written agreement that expressly authorizes such deliveries. It would also prohibit Third-Party Food Delivery Services from arranging listing a food service establishment on its application without first entering into a written agreement that expressly authorizes such deliveries.
  • Int 2335-2021 – Third-Party Food Delivery Services Telephone Number Descriptions
    • This Local Law would require Third-Party Food Delivery Services to include the direct telephone number of the food service establishment and a prominent description of it as such wherever it lists or links said number. The description must include, but is not limited to: the identification of the number as the direct telephone number, and any fee associated with use of such number for telephone orders, whether imposed on the food service establishment or the caller. The Commissioner of Consumer and Worker Protection will have to adopt such rules and regulations necessary to effectuate this law including, but not limited to: defining the contents, size and location of the descriptions required by this section.
  • T2021-7732 – Prohibiting Certain Telephone Order Charges by Third-party Food Delivery Services
    • This bill would amend an existing law that prohibits third-party food delivery services from charging food service establishments for telephone orders that did not result in a transaction during the call. Under the existing law, such charges are prohibited only during certain time periods. This bill would instead prohibit such charges at all times
  • T2021-7733 – Limiting Fees Charged by Third-party Food Delivery Services 
    • This bill would amend an existing law that prohibits third-party food delivery services from charging any food service establishment more than 15% per order for delivery and more than 5% per order for all other fees only during certain time periods. This bill would instead prohibit such fees at all times. It would also clarify the definition of “credit card” in the existing law.

The New York City Hospitality Alliance is aiding restaurants in preparing for the hearing. Restaurants can register to testify using the link below and the Alliance will sign you up:  https://docs.google.com/forms/d/e/1FAIpQLSc9iyGAtb5MeaAoCYbdoz_4n4JvPgCBowLYEMZIVnC4N_Xe1w/viewform 

Details:

  • Testimonies should be about 1-2 minutes
  • They should be personal and should highlight the importance of the proposed legislation in alleviating the hardships that the platforms brought on, especially during the pandemic. 
  • After logging into Zoom, participants will be able to watch the hearing before testifying. 
    • A person will call on you when it is your time to testify, at which point you will need to unmute and deliver your testimony within the allotted time frame. 
    • After you finish, Council Members have the opportunity to ask questions should they want to.
  • After testifying you have the option to stay and continue watching the hearing or you can leave. 
  • *Note: in the event that you can not attend “in-person” (on Zoom), you may submit your written testimony to this email – info@thenycalliance.org – and it will be submitted for you. 

This information is the most up to date news available as of the date posted. Please be advised that any information posted on the KI Legal Blog or Social Channels is being supplied for informational purposes only and is subject to change at any time. For more information, and clarity surrounding your individual organization or current situation, contact a member of the KI Legal team, or fill out a new client intake form.