LOCAL LAW NO. “D” FOR 2021
A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK, THE RESTAURANT PROTECTION LAW, IN RELATION TO THIRD-PARTY DELIVERY SERVICES
Introduced: 2/8/21
By Grimm, Mauriello, Lockart, Perlee, Burgdorf, Drake, Tunny, Whalen, A. Joyce, Feeney, Plotsky, Ricard, Peter, Lekakis, McLean Lane, Miller, Ms. Chapman, Messrs. Clay, Cleary, Commisso, Ms. Cunningham, Messrs. Domalewicz, Efekoro, Ethier, Fein, R. Joyce, Kuhn, Mayo, Ms. McLaughlin, Messrs. O’Brien, Reidy, Reinhardt, Simpson, Smith, Ward and Ms. Willingham
BE IT ENACTED by the County Legislature of the County of Albany as follows:
SECTION 1.
Definitions:
(a) Agreement. The term “agreement” means a written contract between a food service establishment and a third-party food delivery service authorizing the inclusion of the food service establishment’s menu or products on the third-party food delivery service’s platform.
(b) Food service establishment. The term "food service establishment" means any fixed or mobile restaurant; drive-in; coffee shop; cafeteria; short-order cafe; delicatessen; luncheonette; grill; tearoom; sandwich shop; soda fountain; bar; tavern; cocktail lounge; night club; roadside stand; take-out prepared food place; retail bakery; industrial feeding establishment; private, public or nonprofit organization or institution, including: schools; nursing homes; day care centers and hospitals; religious and fraternal organizations routinely serving food; catering kitchens; commissary or similar places in which food is prepared for sale or for service on the premises or elsewhere; and any other establishment or operation where food is served or provided for the public, with or without charge.
(c) Third-party food delivery service. The term "third-party food delivery service" means any website, mobile application or other internet service that offers or arranges for the sale of food and beverages prepared by, and the same-day delivery or same-day pickup of food and beverages from, food service establishments located in the County that are owned and operated by someone other than the third party food delivery service itself.
(d) Third-party food delivery platform. The term “third-party delivery platform” means the online or mobile electronic platform of the third-party food delivery service on which a consumer may view products available for sale and place an order for a food service establishment’s products.
SECTION 2.
Contract Provisions
(a) It shall be unlawful for a third-party food delivery service to sell a food service establishment’s products, or arrange for an order of such products, on a third-party food delivery service platform without a valid written agreement with the food service establishment authorizing the inclusion of their products on such platform.
(b) An agreement executed in accordance with this section shall not include a provision, clause, or covenant that requires a food service establishment to indemnify the third-party food delivery service, any independent contractor acting on behalf of the third-party food delivery service, or any registered agent of the third-party food delivery service, for any damages or harm by an act or omission occurring after the food service establishment’s product leaves the place of business of the food service establishment. To the extent an agreement contains such a provision, such provision shall be deemed void and unenforceable.
SECTION 3.
Enforcement.
(a) A food service establishment included on a third-party food delivery platform in violation of this local law shall have the right to bring an action in a court of competent jurisdiction for damages, penalties as set forth in this section, and injunctive relief. Such court, in its discretion, may also award reasonable court costs and attorneys’ fees.
(b) Any person or company that violates any provision of this local law shall be subject to a civil penalty of up to one thousand dollars per violation. Each day a food service establishment is included on a third-party food delivery platform shall be considered a separate violation. Each and every food service establishment improperly included on a third-party food delivery platform shall be considered a separate violation.
SECTION 4.
State Environmental Quality Review Act Compliance
This County Legislature determines that the adoption of this Local Law constitutes a “Type II” action” as said term is defined in the State Environmental Quality Review Act (“SEQRA”), and that no further action with respect to same is required under SEQRA.
SECTION 5.
Effective Date.
This local law shall take effect 60 days after filing with the New York Secretary of State.
Referred to Law Committee - 2/8/21
Favorable Recommendation Law Committee - 7/28/21