It shall be unlawful for a Third-Party Food Delivery Service to do the following:
A. Charge a Retail Food Establishment a Delivery Fee that totals more than fifteen percent (15%) of the Purchase Price of each Online Order.
B. The fee limit in subsection A of this Section shall not apply to a Third-Party Food Delivery Service that does both of the following:
1. Offers all Retail Food Establishments the option to obtain Core Delivery Service for a total fee, commission, or charge not to exceed 15% of the purchase price of the online order, without requiring the purchase of additional services; and
2. No later than May 1, 2024, notifies all Retail Food Establishment that have an existing contract with the Third-Party Food Delivery Service of the option described in subsection B(1).
C. Charge a Retail Food Establishment any amount designated as a Delivery Fee for an Online Order that does not involve the delivery of food or beverages.
D. Charge a Retail Food Establishment any combination of fees, commissions, or costs for the Retail Food Establishment's use of the Third-Party Food Delivery Service unless the contract between the Retail Food Establishment and the Third-Party Food Delivery Service allows for fees, commissions, and costs other than a Delivery Fee. For the purpose of this subsection, fees, commissions, or costs do not include the Delivery Fee.
E. Charge a Retail Food Establishment any fee, commission, or cost other than as permitted in subsections A through D, above.
F. Take any portion of the tip or gratuity that will be paid to the person delivering the food or beverages. (Ord. 23-O-2873, eff. 3-8-2023; eff. Ord. 24-O- 2893, eff. 5-17-2024)