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No third-party food delivery service may provide any services related to the processing or delivery of an order for delivery of food or beverages from a covered establishment unless that covered establishment expressly agrees in writing to allow the third-party food delivery service to provide such services.
(Added by Ord. 234-20, File No. 200398, App. 11/20/2020, Eff. 12/21/2020)
A third-party food delivery service shall terminate any service contract with a covered establishment within 72 hours after the covered establishment provides oral or written notice of its decision to terminate the contract to an individual contact person designated for communications regarding the termination or amendment of a contract in either the parties’ contract or in the version of the third-party delivery service’s software application used by the covered establishment, or if no such individual is so specified, to either the individual designated on the website of the California Secretary of State as agent for service of process for the third-party delivery service, or to any officer or local or regional manager of the third-party delivery service. For purposes of this Section 5306, “written notice” shall include any writing delivered by email, text message or similar message transmitted through phone or software application, facsimile, personal delivery, or mail service.
(Added by Ord. 234-20, File No. 200398, App. 11/20/2020, Eff. 12/21/2020)
(a) Third-party food delivery services shall maintain records sufficient to document their compliance with Sections 5302, 5303, 5304, 5305, and 5306, including but not limited to all relevant agreements, invoices, and transaction records, for three years from the date of any related customer transaction.
(b) At any time, OEWD may direct any third-party food delivery service to disclose any documents and records required to be retained under subsection (a) with respect to any covered establishment. Any third-party food delivery service so directed must disclose specified documents and records to OEWD within 72 hours, not counting weekends or holidays. A third-party food delivery service’s failure to provide required records to OEWD within the required 72 hours shall be a violation of this Article 53.
(Added by Ord. 234-20, File No. 200398, App. 11/20/2020, Eff. 12/21/2020)
This Article 53 shall be administered and enforced by OEWD. The OEWD Director may adopt regulations, guidelines, and forms to carry out the provisions and purposes of this Article.
(Added by Ord. 234-20, File No. 200398, App. 11/20/2020, Eff. 12/21/2020)
(a) Enforcement Procedure. The OEWD Director shall issue an administrative citation for the violation of any section of this Article 53. Administrative Code Chapter 100, “Procedures Governing the Imposition of Administrative Fines,” is hereby incorporated in its entirety, except as it relates to the definition of a violation and the calculation of penalty amounts, addressed in subsections (b) and (c). Administrative Code Chapter 100 shall govern the procedure for imposition, enforcement, collection, and administrative review of administrative citations issued under this Section 5309.
(b) Violations Subject to Penalties. Any third-party food delivery service that violates any provision of this Article 53 shall be subject to an administrative penalty imposed by order of the OEWD Director. For purposes of assessing penalties for violation of Sections 5302, 5303, 5304, 5305, and 5306, a separate violation shall accrue each time a customer transaction is processed subject to any contract, term, fee, commission, charge, or price that violates one or more of these sections. As used in the prior sentence, “customer transaction” includes a telephone call by a customer to the third-party food delivery service that does not result in a purchase by a customer during the telephone call, for purposes of identifying a violation of Section 5304. For purposes of assessing penalties for violation of Section 5307, each day a third-party food delivery service fails to disclose documents or records in violation of that section shall be a separate violation.
(c) Penalty Amounts. In setting the amount of the administrative penalty, which shall not exceed $1,000 per violation, the OEWD Director shall consider any one or more mitigating or aggravating circumstances presented, including but not limited to the following: the amount of any fee, commission, or charge collected in violation of this Article 53, the persistence of the misconduct, the willfulness of the misconduct, the length of time over which the misconduct occurred, and the assets, liabilities, and net worth of the third-party delivery service.
(Added by Ord. 234-20, File No. 200398, App. 11/20/2020, Eff. 12/21/2020)
In enacting and implementing this Article 53, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Added by Ord. 234-20, File No. 200398, App. 11/20/2020, Eff. 12/21/2020)
If any section, subsection, sentence, clause, phrase, or word of this Article 53, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Article. The Board of Supervisors hereby declares that it would have passed this Article and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this ordinance or application thereof would be subsequently declared invalid or unconstitutional.
(Added by Ord. 234-20, File No. 200398, App. 11/20/2020, Eff. 12/21/2020)
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