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(a) No third-party food delivery service shall charge an eating and drinking establishment a commission per online delivery or pick-up order for the use of its service that totals more than 15% of the purchase price of the online order.
(b) If a third-party food delivery service charges an eating and drinking establishment a commission that exceeds 15% of the purchase price of a placed online order, the eating and drinking establishment shall provide written notice to the third-party food delivery service requesting a refund within seven days. Failure to issue a refund within seven days of receipt of the notice shall constitute a violation of this chapter.
(c) An eating and drinking establishment may agree to pay a third-party food delivery service a fee that exceeds the limits established in Section 872.02 (a) and (b) to obtain optional products or services, including advertising, marketing, or access to customer subscription programs, in addition to delivery or pickup service.
(Ord. 2021-019. Passed 4-5-21.)