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a. Every third-party food delivery service required to be licensed under this subchapter shall maintain the following records in an electronic format for a period of at least three years:
1. A roster of all food service establishments the third-party food delivery service lists on its website, mobile application, or other third-party food delivery platform and has listed on such website, mobile application, or other third-party food delivery platform;
2. All written agreements with a food service establishment;
3. Records listing itemized fees the third-party food delivery service has charged each food service establishment with which the third-party food delivery service maintains an agreement;
4. Such records related to the ownership of the third-party food delivery service as the commissioner may prescribe by rule;
5. Records demonstrating compliance with the requirements set forth in subdivisions c, d and e of section 20-563.2 of this subchapter; and
6. Such other records as the commissioner may prescribe by rule.
b. All records required by this section or by the commissioner by rule shall be made available to the department electronically upon request, consistent with applicable law and in accordance with rules promulgated hereunder and with appropriate notice.
(L.L. 2021/100, 9/26/2021, eff. 1/24/2022; Am. L.L. 2021/110, 10/24/2021, eff. 1/24/2022)
In addition to any powers of the commissioner and not in limitation thereof, the commissioner may deny or refuse to renew any license required under this subchapter and may suspend or revoke any such license, after due notice and opportunity to be heard, if the applicant or licensee, or, where applicable, any of its officers, principals, directors, members, managers, employees, or stockholders owning more than ten percent of the outstanding stock of the corporation, is found to have:
a. Committed two or more violations of any provision of this subchapter or any rules promulgated thereunder in the preceding two years;
b. Made a material false statement or concealed a material fact in connection with the filing of any application pursuant to this subchapter;
c. Committed two or more violations of chapter five of title twenty of this code and any rules promulgated thereunder in the preceding two years; or
d. Committed two or more violations of chapter fifteen of title twenty of this code and any rules promulgated thereunder in the preceding two years.
(L.L. 2021/100, 9/26/2021, eff. 1/24/2022; Am. L.L. 2021/113, 10/24/2021, eff. 4/22/2022; Am. L.L. 2021/118, 10/24/2021, eff. 4/22/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/118.
a. Any person who violates, or causes another person to violate, a provision of this subchapter or any rule promulgated pursuant thereto, shall be subject to a civil penalty that shall not exceed $500 for each violation, except that a person that violates any provision of section 20-563.3 or any rule promulgated pursuant thereto shall be subject to a civil penalty that shall not exceed $1,000 for each violation. Violations by third-party food delivery services under this subchapter shall accrue on a daily basis for each day and for each food service establishment with respect to which a violation of this subchapter or any rule promulgated pursuant to this subchapter was committed. The department may also recover restitution on behalf of any food service establishment harmed by a violation of this subchapter or any rules promulgated pursuant to this subchapter by a third-party food delivery service. A proceeding to recover any civil penalty or restitution authorized pursuant to this subchapter may be brought in any tribunal established within the office of administrative trials and hearings or within any agency of the city designated to conduct such proceedings.
(L.L. 2021/100, 9/26/2021, eff. 1/24/2022)
a. A civil action may be brought by the corporation counsel on behalf of the city in any court of competent jurisdiction to recover any or all of the following:
1. Civil penalties authorized by this section;
2. Injunctive relief to restrain or enjoin any activity in violation of this subchapter;
3. Restitution in an amount not to exceed the amount of fees collected by a third-party food delivery service in excess of the maximum amounts permitted pursuant to this subchapter;
4. Attorneys' fees and costs, and such other remedies as a court may deem appropriate.
b. 1. Where reasonable cause exists to believe that a third-party food delivery service is engaged in a pattern or practice of violations of this subchapter, the corporation counsel may commence a civil action on behalf of the city in a court of competent jurisdiction.
2. A civil action pursuant to paragraph 1 of this subdivision shall be commenced by filing a complaint setting forth facts relating to such pattern or practice and requesting relief, which may include injunctive relief, civil penalties and any other appropriate relief.
3. In any civil action commenced pursuant to paragraph 1 of this subdivision, the trier of fact may impose a civil penalty of not more than $25,000 for a finding that a third-party food delivery service has engaged in a pattern or practice of violations of this subchapter. Any civil penalty so recovered shall be paid into the general fund of the city.
c. The corporation counsel may initiate any investigation to ascertain such facts as may be necessary for the commencement of a civil action pursuant to this section, and in connection therewith shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents, to administer oaths and to examine such persons as are deemed necessary.
d. Nothing in this section prohibits a person alleging a violation of this subchapter from filing a civil action pursuant to section 20-563.12 based on the same facts as a civil action commenced by the corporation counsel pursuant to this section.
(L.L. 2021/100, 9/26/2021, eff. 1/24/2022)
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