Amd §391-w, Gen Bus L (as proposed in S.9365-A & A.10215-A)
Clarifies violations of provisions prohibiting third-party restaurant reservation services from arranging unauthorized restaurant reservations with food service establishments.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A843
SPONSOR: Bores TITLE OF BILL:
An act to amend the general business law, in relation to violations of
provisions prohibiting third-party restaurant reservation services from
arranging unauthorized restaurant reservations with food service estab-
lishments
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to effectuate an amendment to Chapter 601 of
the laws of 2024 (approval memo 44) related to requiring online third-
party food service reservation apps to enter a written agreement with a
food service establishment prior to such app marketing or making a seat-
ing reservation at such food service establishment.
SUMMARY OF PROVISIONS:
Section one provides technical changes to the penalty provisions.
Section two is the effective date.
JUSTIFICATION:
This chapter makes technical amendments to clarify chapter 601 of the
laws of 2024.
PRIOR LEGISLATIVE HISTORY:
This bill is a chapter amendment to chapter 601 of the laws of 2023.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2024 amending the general business law relating
to prohibiting third-party restaurant reservation services from arrang-
ing unauthorized restaurant reservations with food service establish-
ments, as proposed in legislative bills numbers S.9365-A and A.10215-A
takes effect.
STATE OF NEW YORK
________________________________________________________________________
843
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. BORES -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to violations of
provisions prohibiting third-party restaurant reservation services
from arranging unauthorized restaurant reservations with food service
establishments
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 391-w of the general business law,
2 as added by a chapter of the laws of 2024 amending the general business
3 law relating to prohibiting third-party restaurant reservation services
4 from arranging unauthorized restaurant reservations with food service
5 establishments, as proposed in legislative bills numbers S. 9365-A and
6 A. 10215-A, is amended to read as follows:
7 3. Any person who violates, or causes another person to violate, a
8 provision of this section [or any rule promulgated pursuant thereto],
9 shall be subject to a civil penalty that shall not exceed one thousand
10 dollars for each violation. Violations by third-party restaurant reser-
11 vation services under this section shall accrue on a daily basis for
12 each day and for each food service establishment with respect to which a
13 violation of this section [or any rule promulgated pursuant to this
14 section] was committed. [A proceeding to recover any civil penalty or
15 restitution authorized pursuant to this section may be brought within
16 any agency of the state designated to conduct such proceedings.]
17 § 2. This act shall take effect on the same date and in the same
18 manner as a chapter of the laws of 2024 amending the general business
19 law relating to prohibiting third-party restaurant reservation services
20 from arranging unauthorized restaurant reservations with food service
21 establishments, as proposed in legislative bills numbers S. 9365-A and
22 A. 10215-A, takes effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02932-01-5
