Loading...
Whenever used in this subchapter:
(a) "Electronic Cigarette Retail Dealer" means an "Electronic Cigarette Retail Dealer" as that term is defined in § 20-560 of the Administrative Code.
(Added City Record 1/11/2019, eff. 2/10/2019)
(a) On the first business day in April and the first business day in October of each year, the Department will publish the following information for each community district in the City: (i) the community district cap; (ii) the number of current Electronic Cigarette Retail Dealer licenses; and (iii) the number of available Electronic Cigarette Retail Dealer licenses.
(b) (1) For each community district where Electronic Cigarette Retail Dealer licenses are available as of the first business day of April in a given year, the Department will accept requests to apply for an Electronic Cigarette Retail Dealer license from the first business day in May until 5:00 p.m. on the last business day in May of such year.
(2) For each community district where Electronic Cigarette Retail Dealer licenses are available as of the first business day of October in a given year, the Department will accept requests to apply for an Electronic Cigarette Retail Dealer license from the first business day in November until 5:00 p.m. on the last business day in November of such year.
(3) The Department will reject any duplicate requests to apply.
(c) At the close of each request period, in each community district where Electronic Cigarette Retail Dealer licenses are available, the Department will randomly select from among the requesters businesses that may apply for an Electronic Cigarette Retail Dealer license and invite such businesses to apply for such license. The number of businesses selected shall be equal to the number of licenses available in that community district. An invitation to apply is only valid for the business randomly selected by the Department and may not be transferred to another business.
(d) Once notified by the Department, selected businesses will have 65 days from the date of notification to submit a complete application for an Electronic Cigarette Retail Dealer license. If a complete application is not received by the Department within 65 days, or the application is otherwise denied, the opportunity to apply will be forfeited, and the Department will offer the opportunity to apply to another business in the same community district that is randomly selected from the pool of requesters, and that business will have 65 days to submit a complete application.
(e) When the Department has issued all available licenses within each community district, the application process will be closed, and the remaining request pool will be voided. A request from any given request period will not be valid in a subsequent request period.
(f) Any license issued that causes the number of licenses in a community district to exceed the community district's retail dealer cap will be considered to be issued in error and voided.
(g) Any license issued as a result of deceptive or misleading application materials will be considered to be issued in error and voided.
(Added City Record 1/11/2019, eff. 2/10/2019; amended City Record 1/20/2023, eff. 2/19/2023)
(Added City Record 5/19/2022, eff. 6/18/2022)
Subchapter KK: Third-Party Food Delivery Services
(a) Third-party food delivery service licenses expire on August 31st in odd numbered years.
(b) An application for a third-party food delivery service license must include the Department's basic license application, the third-party food delivery service license application supplement, and any other documents and information requested by the Department.
(c) Pursuant to § 20-113 of the Administrative Code, a separate third-party food delivery service license is required for each trade name that a person uses to conduct the business of a third-party food delivery service. A third-party food delivery service license applicant must submit a separate license application for each trade name it will use to conduct the business of a third-party food delivery service.
(d) A licensee or applicant must notify the Department in writing of any change to the list of websites, mobile applications, third-party food delivery platforms, uniform resource locators, or operating systems provided in the licensee's or applicant's basic license application or third-party food delivery service license application supplement within 10 days of the change.
(e) “Offers or arranges”, as used in the definition of “third-party food delivery service” in § 20-563 of the Administrative Code, includes, but is not limited to, the operation of a consumer-facing online or mobile platform or service on which the consumer can order food and beverages without leaving such platform or service, including when such platform or service uses an application programming interface with any food service establishment, where such online or mobile platform or service excludes any food service establishment from participation in such consumer-facing online or mobile platform or service unless such food service establishment pays a fee of any kind for any type of services.
(Added City Record 1/19/2022, eff. 2/18/2022; amended City Record 3/27/2024, eff. 4/26/2024)
(a) (1) Pursuant to subdivision (a)(4) of § 20-563.8 of the Administrative Code, every third-party food delivery service must maintain records sufficient to document the full ownership of such third-party food delivery service. Such records must be maintained in an electronic format for a period of at least 3 years.
(2) Every third-party food delivery service must maintain records sufficient to demonstrate compliance with the requirements set forth in subdivision (b) of § 20-563.2 of the Administrative Code. Such records must be maintained in an electronic format for a period of at least 3 years.
(3) Every third-party food delivery service must maintain records sufficient to document all customer requests not to share the customer's data with a food service establishment pursuant to subdivision (b) of § 20-563.7 of the Administrative Code. Such records must be maintained in an electronic format for a period of at least 3 years.
(b) (1) A request or subpoena for information or records from the Department must be served on a third-party food delivery service in writing in person, via mail, or via email. A third-party delivery service must respond to a written request or subpoena for information or records from the Department by providing to the Department true, accurate, and contemporaneously made electronic records or information within 30 days of the date that the request is received and in the formats and layouts prescribed by the Department in such request or subpoena.
(2) A deadline of more than 30 days may be agreed to on consent by the Department and the third-party food delivery service.
(3) The Department may issue a summons to a third-party food delivery service who fails to provide true and accurate electronic records or information by the deadline provided in the written request or subpoena or the deadline agreed to by the parties, provided that the monetary penalties authorized by § 20-563.10 of the Administrative Code for a violation of § 20-563.8 of the Administrative Code shall not apply while such written request or subpoena is the subject of a pending proceeding.
(c) A third-party delivery service's failure to maintain, retain, or produce a record that is required by law or rule to be maintained that is relevant to a material fact alleged by the Department in a summons, petition, or other notice of hearing creates a reasonable inference that such fact is true.
(Added City Record 1/19/2022, eff. 2/18/2022)
The disclosure required by subdivision (b) of § 20-563.2 of the Administrative Code must be made:
(a) directly adjacent to the gratuity solicitation; or
(b) accessible via a link placed directly adjacent to the gratuity solicitation if such link is labeled with plain language to describe its contents.
(Added City Record 1/19/2022, eff. 2/18/2022)
Loading...