* § 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 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
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 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.

* NB Effective February 17, 2025