Skip to code content (skip section selection)
Compare to:
Philadelphia Overview
The Philadelphia Code
PHILADELPHIA HOME RULE CHARTER
THE PHILADELPHIA CODE
TITLE 1. GENERAL PROVISIONS
TITLE 2. CITY-COUNTY CONSOLIDATION
TITLE 3. AIR MANAGEMENT CODE
TITLE 4. THE PHILADELPHIA BUILDING CONSTRUCTION AND OCCUPANCY CODE
TITLE 4.1. ELECTRICAL CODE
TITLE 4.2. PROPERTY MAINTENANCE CODE
TITLE 5. FIRE PREVENTION CODE
TITLE 6. HEALTH CODE
TITLE 7. HOUSING CODE
TITLE 8. PLUMBING CODE
TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS
CHAPTER 9-100. GENERAL PROVISIONS
CHAPTER 9-200. COMMERCIAL ACTIVITIES ON STREETS
CHAPTER 9-300. COMMUNICATION
CHAPTER 9-400. CARRIERS
CHAPTER 9-500. BOILERS, FUEL, HEAT AND REFRIGERATION
CHAPTER 9-600. SERVICE AND OTHER BUSINESSES
CHAPTER 9-700. AMUSEMENT BUSINESSES
CHAPTER 9-800. LANDLORD AND TENANT
CHAPTER 9-900. PROFESSIONS
CHAPTER 9-1000. TRADES
CHAPTER 9-1100. FAIR PRACTICES ORDINANCE: PROTECTIONS AGAINST UNLAWFUL DISCRIMINATION
CHAPTER 9-1200. CONDOMINIUM AND COOPERATIVE CONVERSIONS
CHAPTER 9-1300. INSPECTION BUSINESSES
CHAPTER 9-1400. WEIGHTS AND MEASURES
CHAPTER 9-1500. NOTIFICATION OF INTENTION TO CLOSE OR RELOCATE OPERATIONS
CHAPTER 9-1600. PROHIBITION AGAINST UNLAWFUL EVICTION PRACTICES
CHAPTER 9-1700. REQUIRED POLICY FOR EMPLOYERS WITHIN THE CITY OF PHILADELPHIA REGARDING ASPECTS OF TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS
CHAPTER 9-1800. PROTECTING PHILADELPHIA'S RESTAURANTS DURING THE COVID-19 PANDEMIC
CHAPTER 9-1900. FIRE INSURANCE ESCROW ACCOUNTS: MUNICIPAL CERTIFICATE REQUIRED PRIOR TO PAYMENT OF FIRE LOSS CLAIMS
CHAPTER 9-2000. SALE OF MALT OR BREWED BEVERAGES
CHAPTER 9-2100. CIGARETTE VENDING MACHINES
CHAPTER 9-2200. EXPEDITERS
CHAPTER 9-2300. PROTECTION OF DISPLACED SERVICE EMPLOYEES
CHAPTER 9-2400. PROHIBITION AGAINST PREDATORY LENDING PRACTICES
CHAPTER 9-2500. FIRE SUPPRESSION SYSTEM WORKERS
CHAPTER 9-2600. PLANNED EVENT PERMITS
CHAPTER 9-2700. SALES OF ALCOHOL; VERIFICATION OF AGE
CHAPTER 9-2800. UNIVERSITIES, PROPERTY OWNERS OR MANAGERS AND STUDENTS
CHAPTER 9-2900. TAKE-OUT SALE OF MALT AND BREWED BEVERAGES
CHAPTER 9-3000. SHEET METAL TECHNICIAN
CHAPTER 9-3100. USE OF MERCURY IN DENTISTRY
CHAPTER 9-3200. ENTITLEMENT TO LEAVE DUE TO DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING
CHAPTER 9-3300. USE AND INSPECTION OF TOWER AND MOBILE CRANES IN CONSTRUCTION
CHAPTER 9-3400. ENERGY CONSERVATION
CHAPTER 9-3500. FAIR CRIMINAL RECORD SCREENING STANDARDS
CHAPTER 9-3600. AGENTS AND SHERIFF'S SALES
CHAPTER 9-3700. BOUNCERS
CHAPTER 9-3800. ELECTRIC FENCES
CHAPTER 9-3900. PROPERTY LICENSES AND OWNER ACCOUNTABILITY
CHAPTER 9-4000. AUTOMATED PURCHASING MACHINES
CHAPTER 9-4100. PROMOTING HEALTHY FAMILIES AND WORKPLACES
CHAPTER 9-4200. DONATION BINS
CHAPTER 9-4300. WAGE THEFT COMPLAINTS
CHAPTER 9-4400. RESPONSIBLE BUSINESS OPERATIONS
CHAPTER 9-4500. PROTECTIONS FOR DOMESTIC WORKERS
CHAPTER 9-4600. FAIR WORKWEEK EMPLOYMENT STANDARDS
CHAPTER 9-4700. WRONGFUL DISCHARGE FROM PARKING EMPLOYMENT
CHAPTER 9-4800. RESPONSIBILITIES CONCERNING BED BUG INFESTATION
CHAPTER 9-4900. PROHIBITION ON USE OF CERTAIN BAGS BY RETAIL ESTABLISHMENTS
CHAPTER 9-5000. EMPLOYEE PROTECTIONS IN CONNECTION WITH COVID-19 EMERGENCY HEALTH ORDER
CHAPTER 9-5100. FOOD DELIVERY SERVICES
CHAPTER 9-5200. RESIDENTIAL PROPERTY WHOLESALERS
CHAPTER 9-5300. TRAVEL AND HOSPITALITY WORKER RECALL AND RETENTION
CHAPTER 9-5400. RETENTION OF HOTEL WORKERS
CHAPTER 9-5500. PROHIBITION ON TESTING FOR MARIJUANA AS A CONDITION FOR EMPLOYMENT
CHAPTER 9-5600. WORKFORCE AND CAREER PATHWAYS INFORMATION SHEET
CHAPTER 9-5700. LEASING OF COMMERCIAL PROPERTY
CHAPTER 9-5800. TANGLED TITLE DISCLOSURE
CHAPTER 9-5900. PROHIBITION ON CERTAIN GAMING AND SKILL-BASED DEVICES
CHAPTER 9-6000. EMPLOYEE COMMUTER TRANSIT BENEFIT PROGRAMS
CHAPTER 9-6100. MOTOR VEHICLE SALVAGING, DISMANTLING, RECYCLING, OR REPAIRING
CHAPTER 9-6200. TRESPASSING IN RETAIL ESTABLISHMENTS
CHAPTER 9-6300. CONSUMER PROTECTION ORDINANCE
CHAPTER 9-6400. OPERATION AND MAINTENANCE OF ELECTRIC VEHICLE CHARGING STATIONS
TITLE 10. REGULATION OF INDIVIDUAL CONDUCT AND ACTIVITY
TITLE 11. STREETS
TITLE 12. TRAFFIC CODE
TITLE 13. WATER AND SEWER
TITLE 14. ZONING AND PLANNING
TITLE 15. PARKS AND RECREATION
TITLE 16. PUBLIC PROPERTY
TITLE 17. CONTRACTS AND PROCUREMENT
TITLE 18. COMMERCE AND AVIATION
TITLE 19. FINANCE, TAXES AND COLLECTIONS
TITLE 20. OFFICERS AND EMPLOYEES
TITLE 21. MISCELLANEOUS
TITLE 22. PUBLIC EMPLOYEES RETIREMENT CODE
CHAPTER 9-5100. FOOD DELIVERY SERVICES 1394

 

Notes

1394
   Added, Bill No. 200344 (approved July 27, 2020). Enrolled bill numbered this as Chapter 9-5000; renumbered by Code editor.
§ 9-5101. Definitions.
   (1)   Food service establishment. A food service establishment as that term is defined by subsection 6-102(19.1).
   (2)   Likeness. Identifiable symbols attributed and easily identified as belonging to a food service establishment.
   (3)   Delivery fee. 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 service platform or fees related to processing the online order.
   (4)   Purchase price. The total price of items contained in an online order that are listed on the menu of the food service establishment where the order is placed. The term does not include taxes, gratuities or any other fees that may make up the total cost to the customer of an online order.
   (5)   Third-party food delivery service. Any company, organization or entity that is not the same business as the food service establishment that provides a limited food delivery service to customers as a result of a single commercial transaction over the internet, whether directly or through a third-party application.
§ 9-5102. Use of Food Service Establishment Trademarks and Likeness.
   (1)   No third-party food delivery service shall use the likeness, registered trademark, any intellectual property belonging to a food service establishment, or the name of such food service establishment to advertisement such third-party food delivery service without obtaining written consent from the food service establishment to use the likeness, trademark, or other intellectual property, or name of the merchant, unless:
      (a)   such use is otherwise permitted under federal or state law; and
      (b)   such use is accompanied by a prominent disclaimer beneath any likeness, registered trademark, other intellectual property, or the name of such food service establishment in a font that is at least as large as any other text appearing on the platform on which the reference to the food service establishment appears:
"THIS THIRD-PARTY FOOD DELIVERY SERVICE IS NOT AN AUTHORIZED DELIVERY SERVICE FOR THIS RESTAURANT. THIS THIRD-PARTY FOOD DELIVERY SERVICE DOES NOT HAVE AN AGREEMENT TO DELIVER FOR THIS RESTAURANT. PLEASE CONTACT THE RESTAURANT DIRECTLY TO OBTAIN UP TO DATE INFORMATION ON MENU ITEMS."
   The disclaimer must be noticeable and of a size and color that sets the disclaimer apart from other parts of the advertisement, webpage, mobile application, or other platform, such as a contrasting style and color to the surrounding text.
§ 9-5103. Commission Disclosure Requirement.
   (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.
Loading...