Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2024 |
referred to consumer affairs and protection |
Feb 09, 2023 |
referred to consumer affairs and protection |
Assembly Bill A4119
2023-2024 Legislative Session
Sponsored By
FAHY
Current 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
Actions
co-Sponsors
Carrie Woerner
Marianne Buttenschon
Al Taylor
Donna Lupardo
2023-A4119 (ACTIVE) - Details
2023-A4119 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4119 2023-2024 Regular Sessions I N A S S E M B L Y February 9, 2023 ___________ Introduced by M. of A. FAHY, WOERNER, BUTTENSCHON, TAYLOR, LUPARDO -- 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 food delivery service charges 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 section 391-w to read as follows: § 391-W. THIRD-PARTY FOOD DELIVERY SERVICE CHARGE. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "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. (B) "FOOD SERVICE ESTABLISHMENT" MEANS A PLACE WHERE FOOD IS PROVIDED FOR INDIVIDUAL PORTION SERVICE DIRECTLY TO THE CONSUMER WHETHER SUCH FOOD IS PROVIDED FREE OF CHARGE OR SOLD, AND WHETHER CONSUMPTION OCCURS ON OR OFF THE PREMISES OR IS PROVIDED FROM A PUSHCART, STAND OR VEHICLE. (C) "ONLINE ORDER" MEANS ANY ORDER PLACED BY A CUSTOMER THROUGH OR WITH THE ASSISTANCE OF A PLATFORM PROVIDED BY A THIRD-PARTY FOOD DELIV- ERY SERVICE, INCLUDING A TELEPHONE ORDER. (D) "PURCHASE PRICE" MEANS THE TOTAL PRICE OF THE ITEMS CONTAINED IN AN ONLINE ORDER THAT ARE LISTED ON THE MENU OF THE FOOD SERVICE ESTAB- LISHMENT WHERE SUCH ORDER IS PLACED. SUCH TERM DOES NOT INCLUDE TAXES, GRATUITIES AND ANY OTHER FEES THAT MAY MAKE UP THE TOTAL COST TO THE CUSTOMER OF AN ONLINE ORDER. (E) "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
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