As used in this subchapter, the following terms have the following meanings:
Base wage. The term "base wage" means money paid, whether by the hour or otherwise, to a food delivery worker by a third-party food delivery service in exchange for work performed, not including gratuities, bonuses, allowances, shift differentials or other monetary payments that may contribute to such food delivery worker's total compensation.
Credit card. The term "credit card" means any credit card, charge card, courtesy card, debit card, or other device issued by a person to another person which may be used to obtain a cash advance or a loan or credit, or to purchase or lease property or services on the credit of the person issuing the credit card or a person who has agreed with the issuer to pay obligations arising from the use of a credit card issued to another person.
Customer data. The term "customer data" means the following information provided to a third-party food delivery service by a customer who has placed an online order:
(i) Name;
(ii) Telephone number;
(iii) E-mail address;
(iv) The delivery address of the online order; and
(v) The contents of the online order being requested to be fulfilled by a food service establishment.
Delivery fee. The term "delivery fee" means a fee charged by a third-party food delivery service for providing a food service establishment with a service that delivers food from such establishment to customers. The term does not include any other fee that may be charged by a third-party food delivery service to a food service establishment, such as fees for listing or advertising the food service establishment on the third-party food delivery platform or fees related to processing the online order.
Direct telephone number. The term "direct telephone number" means a telephone number by which the caller communicates directly with a food service establishment, which is not a third-party telephone number.
Food delivery worker. The term "food delivery worker" means a natural person who is hired or retained as an independent contractor by a food service establishment, as an independent contractor of a third-party food delivery service or as an independent contractor of a third-party courier service, as defined in section 20-1501, to deliver food or beverage from such establishment to a consumer in exchange for compensation.
Food service establishment. The term "food service establishment" means a business establishment located in the city where food is provided for individual portion service directly to the consumer whether such food is provided free of charge or sold, and whether consumption occurs on or off the premises or is provided from a pushcart, stand or vehicle.
Gratuity. The term "gratuity" means a sum of money (i) paid voluntarily by a customer when placing an online order or after delivery of such online order, (ii) that is in addition to the purchase price and other mandatory charges such as taxes and fees, (iii) the amount of which the customer may choose, and (iv) that is referred to on the third-party food delivery platform as a gratuity, tip or other similar term that would suggest to a reasonable person that the sum, or a substantial portion thereof, would be received by the food delivery worker delivering goods in addition to such food delivery worker's base wage.
Internet-based payment system. The term "internet-based payment system" means any mobile application or other internet service that facilitates electronic payments.
Online order. The term "online order" means any order placed by a customer through or with the assistance of a third-party food delivery platform, including a telephone order.
Purchase price. The term "purchase price" means the total price of the items contained in an online order that are listed on the menu of the food service establishment where such order is placed. Such term does not include taxes, gratuities and any other fees that may make up the total cost to the customer of an online order.
Telephone order. The term "telephone order" means an order placed by a customer through a third-party telephone number.
Third-party food delivery platform. The term "third-party food delivery platform" means the online or mobile platform of the third-party food delivery service on which a customer can view products available for sale and place an online order for a food service establishment's products.
Third-party food delivery service. The term "third-party food delivery service" means any website, mobile application or other internet service that:
(i) offers or arranges for the sale of food and beverages prepared by, and the same-day delivery or same-day pickup of food and beverages from, a food service establishment; and
(ii) that is owned and operated by a person other than the person who owns such food service establishment.
Third-party telephone number. The term "third-party telephone number" means a telephone number for a food service establishment that is provided by or on behalf of a third-party food delivery service, through which an online order may be placed.
Toilet facility. The term "toilet facility" means a toilet facility on the premises of a food service establishment that is a dedicated facility for its patrons or that is a dedicated facility for its employees to the extent such establishment does not have a dedicated facility for its patrons.
Transaction fee. The term "transaction fee" means a charge for the processing of a payment for an online order imposed upon a third-party food delivery service either by:
(i) a credit card issuer or
(ii) an internet-based payment system.
(L.L. 2021/100, 9/26/2021, eff. 1/24/2022; Am. L.L. 2021/110, 10/24/2021, eff. 1/24/2022; Am. L.L. 2021/117, 10/24/2021, eff. 1/24/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/117.