File #: 20-LL-J    Version: 1 Name:
Type: Local Law Status: Passed
File created: 12/21/2020 In control: County Legislature
On agenda: Final action: 2/8/2021
Title: LOCAL LAW NO. "J" FOR 2020: A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK, LIMITING THIRD-PARTY FOOD DELIVERY SERVICES FEES DURING A DECLARED EMERGENCY
Sponsors: Samuel I. Fein, Matthew T. Peter, Dustin M. Reidy, Carolyn McLaughlin, Wanda F. Willingham, Victoria Plotsky, Beroro T. Efekoro, Joseph E. O'Brien, William Reinhardt, Matthew J. Miller, Gary W. Domalewicz, Joanne Cunningham, Alison McLean Lane, Merton D. Simpson, Bill L. Ricard, Andrew Joyce, Lynne Lekakis, Raymond F. Joyce, Norma J. Chapman, Mickey Cleary, Dennis A. Feeney
Attachments: 1. 20-LL-J IND - Delivery Fee Cap (002)
LOCAL LAW NO. "J" FOR 2020

A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK, LIMITING THIRD-PARTY FOOD DELIVERY SERVICES DURING A DECLARED EMERGENCY

Introduced: 12/21/20
By Messrs. Fein, Peter, Reidy, Mss. McLaughlin, Willingham, Plotsky, Messrs. Efekoro, O'Brien, Reinhardt, Miller, Domalewicz, Mss. Cunningham, McLean Lane, Messrs. Simpson, Ricard, A. Joyce, Ms. Lekakis, Mr. R. Joyce, Ms. Chapman, Messrs. Cleary, Feeney and Miller:

BE IT ENACTED by the County Legislature of the County of Albany as follows:

SECTION 1.

Definitions:
(a) Declared emergency. The term "declared emergency" means the period of time during which a State disaster emergency has been declared by the Governor of the State of New York or a state of emergency has been declared by the Albany County Executive, such declaration is in effect in the County, and there are restrictions placed on on-premises indoor dining at food service establishments in the County.

(b) Delivery fee. The term "delivery fee" means a fee charged by a third-party food delivery service for providing a food service establishment with a service that delivers food from such establishment to customers. The term does not include any other fee that may be charged by a third-party food delivery service to a food service establishment, such as fees for listing or advertising the food service establishment on the third-party food delivery service platform or fees related to processing the online order.

(c) 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 organizati...

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