Bill Text: NY S03225 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Prohibits unauthorized listing of food places on the application and/or website of food delivery platforms.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CONSUMER PROTECTION [S03225 Detail]

Download: New_York-2021-S03225-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          3225

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 28, 2021
                                       ___________

        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer 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.
                                                                   LBD04821-01-1
        S. 3225                             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.