4-4-807: VIOLATIONS:
If a Third-Party Food Delivery Service is in violation of this Article, including charging a Retail Food Establishment fees that violate this Article, the Retail Food Establishment shall provide written notice to the Third-Party Food Delivery Service requesting compliance with this Article, and a refund of excessive fees if applicable, within seven days. If the Third-Party Food Delivery Service does not take action to comply with this Article, or provide the refund requested if applicable, after seven days or the Third-Party Food Delivery Service continues to violate the terms of this Article after the initial notice and seven-day cure period, a Retail Food Establishment may enforce this Article by means of a civil action seeking damages and injunctive relief. The prevailing party in any such action shall be entitled to an award of reasonable attorney fees. (Ord. 23-O-2873, eff. 3- 8-2023; amd. Ord. 24-O-2893, eff. 5-17-2024)