Assembly Bill A10926

2019-2020 Legislative Session

Relates to third-party delivery services

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A10926 (ACTIVE) - Details

See Senate Version of this Bill:
S8816
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add Art 39-H §§900 - 901, Gen Bus L

2019-A10926 (ACTIVE) - Summary

Requires third-party delivery services to have a valid agreement with a merchant before they advertise, promote, or sell the merchant's products on their platform, and prohibits the inclusion of an indemnity clause in such agreements.

2019-A10926 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10926
 
                           I N  A S S E M B L Y
 
                              August 17, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Abbate) --
   read once and referred  to  the  Committee  on  Consumer  Affairs  and
   Protection
 
 AN  ACT  to  amend  the general business law, in relation to third-party
   delivery services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general business law is amended by adding a new article
 39-H to read as follows:
                               ARTICLE 39-H
                       THIRD-PARTY DELIVERY SERVICES
 SECTION 900. DEFINITIONS.
         901. AGREEMENT; INDEMNITY; PENALTIES.
   § 900. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "AGREEMENT"  MEANS  A  WRITTEN  CONTRACTUAL  AGREEMENT  BETWEEN  A
 MERCHANT AND A THIRD-PARTY DELIVERY SERVICE AUTHORIZING THE INCLUSION OF
 THE MERCHANT'S PRODUCTS ON THE THIRD-PARTY DELIVERY PLATFORM.
   2. "CONSUMER" MEANS A PERSON, BUSINESS, OR OTHER ENTITY WHO PLACES  AN
 ORDER FOR A MERCHANT'S PRODUCTS THROUGH A THIRD-PARTY DELIVERY PLATFORM.
   3. "MERCHANT" MEANS A RESTAURANT OR OTHER RETAIL ENTITY.
   4.  "THIRD-PARTY  DELIVERY  SERVICE" MEANS A COMPANY, ORGANIZATION, OR
 OTHER ENTITY, OTHER THAN A MERCHANT, THAT PROVIDES DELIVERY SERVICES  TO
 CONSUMERS.
   5. "THIRD-PARTY DELIVERY PLATFORM" MEANS THE ONLINE OR MOBILE PLATFORM
 OF  THE  THIRD-PARTY  DELIVERY  SERVICE  ON  WHICH  A  CONSUMER CAN VIEW
 PRODUCTS AVAILABLE FOR SALE AND PLACE AN ORDER FOR MERCHANT PRODUCTS.
   § 901. AGREEMENT; INDEMNITY;  PENALTIES.  1.  A  THIRD-PARTY  DELIVERY
 SERVICE SHALL NOT ADVERTISE, PROMOTE, OR SELL A MERCHANT'S PRODUCTS ON A
 THIRD-PARTY  DELIVERY  PLATFORM  WITHOUT  A  VALID  AGREEMENT  WITH  THE
 MERCHANT AUTHORIZING THE INCLUSION OF THE MERCHANT'S  PRODUCTS  ON  SUCH
 PLATFORM.
   2.  AN  AGREEMENT  EXECUTED  IN ACCORDANCE WITH THIS SECTION SHALL NOT
 INCLUDE A PROVISION, CLAUSE, OR COVENANT THAT  REQUIRES  A  MERCHANT  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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