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(1) A third-party food delivery service shall disclose to a customer purchasing food or beverages from a food service establishment through the third-party delivery service, in plain and simple language and in a conspicuous manner, any commission, fee or other monetary payment imposed by the third-party delivery service on the food service establishment in connection with the food service establishment utilizing the third-party delivery service. The disclosure shall be made before the transaction occurs, when the purchase price is disclosed to the customer.
(2) If it is not feasible for the third-party food delivery service to calculate the total commission actually attributable to the specific transaction, because that information is not available in real time or because the commission depends on factors such as sales volume, dollar volume, distance travelled, or periodic fixed charges such as an annual fee, the third-party food delivery service shall disclose a good-faith estimate of the commission, as a dollar amount, a percentage, an average percentage or a range of percentages, based on the most recent periodic payout from the third-party food delivery service to the food service establishment. It shall not be required that the third-party food delivery service specify what period of time is covered by the disclosure.
(3) Opt-out provision. Any food service establishment may decline to disclose to customers the commission charged by a third-party delivery service.