(a) No third-party food delivery service may charge a covered establishment a fee, commission, or charge per online order that totals more than 15% of the purchase price of the online order.
(b) No third-party food delivery service may charge a covered establishment a fee, commission, or charge that exceeds 15% of the purchase price of online orders to that covered establishment processed through the third-party food delivery service during the time period covered by the fee, commission, or charge.
(c) Beginning on January 31, 2023, the fee limits in subsections (a) and (b) of this Section 5302 shall not apply to a third-party food delivery service that does both of the following:
(1) offers all covered establishments the option to obtain core delivery service for a total fee, commission, or charge not to exceed 15% of the purchase price of the online order, without requiring the purchase of additional services; and
(2) no later than December 1, 2022, notifies all covered establishments that have an existing contract with the third-party delivery service of the option described in subsection (c)(1).
(d) Contracts between a third-party food delivery service and a covered establishment shall clearly define the fees, commissions, or charges associated with contracted services. For example, if a covered establishment enters into a contract with a third-party food delivery service for core delivery service only, that contract shall clearly state a fee, commission, or charge of 15% of the purchase price for core delivery service.