File #: Int 2335-2021    Version: Name: Requiring third-party food delivery services to provide a description of the telephone numbers listed in connection with food service establishments.
Type: Introduction Status: Enacted
Committee: Committee on Small Business
On agenda: 6/17/2021
Enactment date: 8/29/2021 Law number: 2021/092
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring third-party food delivery services to provide a description of the telephone numbers listed in connection with food service establishments
Sponsors: Mark Gjonaj , Bill Perkins, Robert E. Cornegy, Jr.
Council Member Sponsors: 3
Summary: Some third-party food delivery services generate and advertise unique telephone numbers for the food service establishments with which they contract, and collect a fee when customers use that unique telephone number for food or beverage orders from the establishments. This bill would require these services, if listing any telephone number for an establishment, to include that establishment’s direct telephone number, and if also including a unique telephone number, to provide a description of the telephone numbers. The description must identify each type of telephone number and any fees associated with their use. The Commissioner of the Department of Consumer and Worker Protection would be required to promulgate rules defining the content, size and location of the description.
Indexes: Agency Rule-making Required
Attachments: 1. Summary of Int. No. 2335-A, 2. Summary of Int. No. 2335, 3. Int. No. 2335, 4. June 17, 2021 - Stated Meeting Agenda with Links to Files, 5. Hearing Transcript - Stated Meeting 6-17-21, 6. Minutes of the Stated Meeting - June 17, 2021, 7. Committee Report 7/1/21, 8. Hearing Testimony 7/1/21, 9. Hearing Transcript 7/1/21, 10. Proposed Int. No. 2335-A - 7/22/21, 11. Committee Report 7/29/21, 12. Hearing Transcript 7/29/21, 13. Committee Report - Stated Meeting, 14. July 29, 2021 - Stated Meeting Agenda with Links to Files, 15. Hearing Transcript - Stated Meeting 7-29-21, 16. Minutes of the Stated Meeting - July 29, 2021, 17. Int. No. 2335-A (FINAL), 18. Fiscal Impact Statement, 19. Legislative Documents - Letter to the Mayor, 20. Local Law 92
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
8/30/2021AMark Gjonaj City Council Returned Unsigned by Mayor  Action details Meeting details Not available
8/29/2021AMark Gjonaj Administration City Charter Rule Adopted  Action details Meeting details Not available
7/29/2021AMark Gjonaj City Council Sent to Mayor by Council  Action details Meeting details Not available
7/29/2021AMark Gjonaj City Council Approved by CouncilPass Action details Meeting details Not available
7/29/2021*Mark Gjonaj Committee on Small Business Hearing Held by Committee  Action details Meeting details Not available
7/29/2021*Mark Gjonaj Committee on Small Business Amendment Proposed by Comm  Action details Meeting details Not available
7/29/2021*Mark Gjonaj Committee on Small Business Amended by Committee  Action details Meeting details Not available
7/29/2021AMark Gjonaj Committee on Small Business Approved by CommitteePass Action details Meeting details Not available
7/1/2021*Mark Gjonaj Committee on Small Business Hearing Held by Committee  Action details Meeting details Not available
7/1/2021*Mark Gjonaj Committee on Small Business Laid Over by Committee  Action details Meeting details Not available
6/17/2021*Mark Gjonaj City Council Referred to Comm by Council  Action details Meeting details Not available
6/17/2021*Mark Gjonaj City Council Introduced by Council  Action details Meeting details Not available

Int. No. 2335-A

 

By Council Members Gjonaj, Perkins and Cornegy

A Local Law to amend the administrative code of the city of New York, in relation to requiring third-party food delivery services to provide a description of the telephone numbers listed in connection with food service establishments

 

Be it enacted by the Council as follows:

 

Section 1. Section 20-845 of the administrative code of the city of New York, as amended by local law number 88 for the year 2020, is amended to read as follows:

§ 20-845 Definitions. For the purposes of this subchapter, the following terms have the following meanings:

Customer data. The term “customer data” means the following information provided to a third-party food delivery service by a customer who has placed an online order:

(i) Name;

(ii) Telephone number;

(iii) E-mail address;

(iv) The delivery address of the online order; and

(v) The contents of the online order being requested to be fulfilled by a food service establishment.

Delivery fee. The term "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.

Direct telephone number. The term “direct telephone number” means a telephone number by which the caller communicates directly with a food service establishment.

Food service establishment. The term "food service establishment" has the same meaning as provided in subdivision s of section 81.03 of the health code of the city of New York.

Online order. The term "online order" means any order placed by a customer through or with the assistance of a platform provided by a third-party food delivery service, including a telephone order.

Purchase price. The term "purchase price" means the total price of the items contained in an online order that are listed on the menu of the food service establishment 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.

Telephone order. The term "telephone order" means an order placed by a customer to a food service establishment through a telephone call forwarded by a call system provided by a third-party food delivery service or by another entity by agreement with a third-party food delivery service.

Third-party food delivery service. The term "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 same-day pickup of food and beverages from, no fewer than 20 food service establishments located in the city that are owned and operated by different persons.

Third-party telephone number. The term “third-party telephone number” means a telephone number by which a customer may place a telephone order that is not a direct telephone number. 

§ 2. Subchapter 22 of chapter 5 of title 20 of the administrative code of the city of New York is amended by adding a new section 20-847.1 to read as follows: 

§ 20-847.1 Telephone number listings. a. A third-party food delivery service that lists or links to a telephone number for a food service establishment shall include in such listing or link the direct telephone number of such food service establishment. A third-party food delivery service may also list or link to a third-party telephone number, in addition to such direct telephone number, provided that such listing or link includes a prominent and conspicuous description of each telephone number, including but not limited to identification of each telephone number as a third-party telephone number or a direct telephone number, as applicable, and any fee associated with the use of each telephone number for telephone orders, whether imposed on the food service establishment or on the caller.

b. The commissioner shall adopt such rules and regulations as may be necessary to effectuate the purposes of this section, including but not limited to defining the contents, size and location of the descriptions required by this section.

§ 3. This local law takes effect on the same day as a local law amending the administrative code of the city of New York, relating to prohibiting the inclusion of a food service establishment’s products on a third-party food delivery platform, as proposed in introduction number 2333-A for the year 2021, takes effect, except that the commissioner of consumer and worker protection shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date.

 

 

 

SG/SJ

LS #17482

7/21/21 6:20 PM