S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9365
 
                             I N  S E N A T E
 
                               May 14, 2024
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN  ACT  to  amend  the general business law, in relation to prohibiting
   third-party restaurant reservation services from  arranging  unauthor-
   ized restaurant reservations with food service establishments

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "restaurant reservation anti-piracy act".
   § 2. The general business law is amended by adding a new section 391-w
 to read as follows:
   § 391-W. UNAUTHORIZED RESTAURANT RESERVATIONS. 1. DEFINITIONS. FOR THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "FOOD SERVICE ESTABLISHMENT" SHALL HAVE THE SAME MEANING  AS  THAT
 TERM IS DEFINED IN SECTION THREE HUNDRED NINETY-ONE-V OF THIS ARTICLE.
   (B)  "THIRD-PARTY  RESTAURANT  RESERVATION SERVICE" MEANS ANY WEBSITE,
 MOBILE APPLICATION  OR  OTHER  INTERNET  SERVICE  THAT:  (I)  OFFERS  OR
 ARRANGES  FOR  RESERVING  ON-PREMISES  SERVICE  FOR A CUSTOMER AT A FOOD
 SERVICE ESTABLISHMENT; AND (II) THAT IS OWNED AND OPERATED BY  A  PERSON
 OTHER THAN THE PERSON WHO OWNS SUCH FOOD SERVICE ESTABLISHMENT.
   2. A THIRD-PARTY RESTAURANT RESERVATION SERVICE SHALL NOT LIST, ADVER-
 TISE,  PROMOTE,  OR  SELL  RESERVATIONS FOR A FOOD SERVICE ESTABLISHMENT
 THROUGH THE WEBSITE, MOBILE APPLICATION OR OTHER PLATFORM OF SUCH THIRD-
 PARTY RESTAURANT RESERVATION SERVICE WITHOUT A WRITTEN AGREEMENT BETWEEN
 SUCH THIRD-PARTY RESTAURANT RESERVATION SERVICE AND  SUCH  FOOD  SERVICE
 ESTABLISHMENT  TO INCLUDE RESERVATIONS AT THE FOOD SERVICE ESTABLISHMENT
 ON SUCH WEBSITE, MOBILE APPLICATION OR OTHER PLATFORM.
   3. AN AGREEMENT EXECUTED IN ACCORDANCE WITH  THIS  SECTION  SHALL  NOT
 INCLUDE  A  PROVISION,  CLAUSE, OR COVENANT THAT REQUIRES A FOOD SERVICE
 ESTABLISHMENT TO INDEMNIFY A THIRD-PARTY RESTAURANT RESERVATION SERVICE,
 ANY INDEPENDENT CONTRACTOR ACTING ON BEHALF OF THE  THIRD-PARTY  RESTAU-
 RANT  RESERVATION  SERVICE,  OR  ANY REGISTERED AGENT OF THE THIRD-PARTY
 RESTAURANT RESERVATION SERVICE, FOR ANY DAMAGES OR HARM  BY  AN  ACT  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15420-03-4
 S. 9365                             2

 OMISSION INITIATED BY THE THIRD-PARTY RESTAURANT RESERVATION SERVICE. TO
 THE  EXTENT  AN  AGREEMENT  EXECUTED  IN  ACCORDANCE  WITH  THIS SECTION
 CONTAINS SUCH A PROVISION, SUCH PROVISION SHALL BE DEEMED VOID AND UNEN-
 FORCEABLE.
   4.  ANY  PERSON  WHO  VIOLATES, OR CAUSES ANOTHER PERSON TO VIOLATE, A
 PROVISION OF THIS SECTION OR  ANY  RULE  PROMULGATED  PURSUANT  THERETO,
 SHALL  BE  SUBJECT TO A CIVIL PENALTY THAT SHALL NOT EXCEED ONE THOUSAND
 DOLLARS FOR EACH VIOLATION. VIOLATIONS BY THIRD-PARTY RESTAURANT  RESER-
 VATION  SERVICES  UNDER  THIS  SECTION SHALL ACCRUE ON A DAILY BASIS FOR
 EACH DAY AND FOR EACH FOOD SERVICE ESTABLISHMENT WITH RESPECT TO WHICH A
 VIOLATION OF THIS SECTION OR  ANY  RULE  PROMULGATED  PURSUANT  TO  THIS
 SECTION  WAS  COMMITTED.  A  PROCEEDING  TO RECOVER ANY CIVIL PENALTY OR
 RESTITUTION AUTHORIZED PURSUANT TO THIS SECTION MAY  BE  BROUGHT  WITHIN
 ANY AGENCY OF THE STATE DESIGNATED TO CONDUCT SUCH PROCEEDINGS.
   5.  ANY  PERSON  CHARGED  FEES BY A THIRD-PARTY RESTAURANT RESERVATION
 SERVICE WITH RESPECT TO A RESERVATION LISTED, ADVERTISED,  PROMOTED,  OR
 SOLD IN VIOLATION OF THIS SECTION, OR FOOD SERVICE ESTABLISHMENT WHICH A
 THIRD-PARTY RESTAURANT RESERVATION SERVICE LISTED, ADVERTISED, PROMOTED,
 OR  SOLD  A  RESERVATION IN VIOLATION OF THIS SECTION, MAY BRING A CIVIL
 ACTION IN ANY COURT OF COMPETENT JURISDICTION TO RECOVER:
   (A) INJUNCTIVE RELIEF TO RESTRAIN OR ENJOIN ANY ACTIVITY IN  VIOLATION
 OF THIS SECTION;
   (B)  ACTUAL  DAMAGE,  PROVIDED THAT SUCH ACTUAL DAMAGES MAY NOT EXCEED
 THE TOTAL FEES  COLLECTED  BY  THE  THIRD-PARTY  RESTAURANT  RESERVATION
 SERVICE WITH RESPECT TO THE VIOLATION AT ISSUE; AND
   (C)  ATTORNEYS' FEES AND COSTS, AND SUCH OTHER REMEDIES AS A COURT MAY
 DEEM APPROPRIATE.
   6. ANY ACTION ALLEGING A VIOLATION OF THIS SECTION  SHALL  BE  BROUGHT
 WITHIN  ONE  YEAR  AFTER  THE ACTS ALLEGED TO HAVE VIOLATED THIS SECTION
 OCCURRED.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.