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A00784 Summary:

COSPNSRFahy, Woerner
Add §391-v, Gen Bus L
Prohibits unauthorized listing of food places on the application and/or website of food delivery platforms.
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A00784 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                     January 6, 2021
        Introduced by M. of A. McDONALD, FAHY, WOERNER -- read once and referred
          to the Committee on Consumer Affairs and Protection
        AN  ACT  to  amend  the general business law, in relation to prohibiting
          unauthorized listing of food places on the application and/or  website
          of food delivery platforms
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new section
     2  391-v to read as follows:
     3    § 391-v. Consumer transparency; food delivery platforms. 1.   For  the
     4  purposes  of  this section, the following terms shall have the following
     5  meanings:
     6    (a) "Food delivery platform" means an online business  including,  but
     7  not limited to, third-party food delivery application companies that act
     8  as  an intermediary between consumers and multiple food places to submit
     9  food orders from a consumer  to  a  participating  food  place,  and  to
    10  arrange  for  the  delivery  of  such  order from such food place to the
    11  consumer.
    12    (b) "Food place" means any restaurant, dining  room,  food  truck,  or
    13  other  business  engaged  in  the  preparation  and  service of food for
    14  consumption by the general public on or off premises.
    15    2. A food delivery platform shall not arrange for the delivery  of  an
    16  order  from a food place without first entering into a written agreement
    17  with such food place expressly authorizing such food  delivery  platform
    18  to  take  orders  and  to deliver food and/or beverages prepared by such
    19  food place.
    20    3. A food delivery platform shall be prohibited from  listing  a  food
    21  place  on  its  application and/or website as a participating food place
    22  without first executing a written agreement pursuant to subdivision  two
    23  of this section.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 784                              2
     1    4.  In  the  event a food delivery platform receives a written request
     2  from a food place requesting that such food place be removed  from  such
     3  food  delivery platform's application and/or website, such food delivery
     4  platform shall confirm receipt of such  request  and  remove  such  food
     5  place from its application and/or website immediately thereafter.
     6    5.  In  the event that a food delivery platform does not remove a food
     7  place from its application and/or website after receiving a  request  to
     8  do  so  from such food place within five business days of receiving such
     9  request, such food delivery platform shall be fined five hundred dollars
    10  for each day such food delivery platform fails to remove such food place
    11  from its application and/or website.
    12    § 2. This act shall take effect immediately.
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