§ 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. A
third-party restaurant reservation service shall not include any
reservation distribution channels that are authorized to distribute
reservations by way of a contractual relationship with either the
applicable food service establishment or a contractual designee of the
food service establishment who obtained reservation distribution rights
directly from the food service establishment.

2. A third-party restaurant reservation service shall not list,
advertise, 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. Any person who violates, or causes another person to violate, a
provision of this section, shall be subject to a civil penalty that
shall not exceed one thousand dollars for each violation. Violations by
third-party restaurant reservation 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 was
committed.