If a third-party food delivery service charges a retail food establishment fees that violate this Article, the retail food establishment may provide written notice to the third-party food delivery service requesting a refund within seven (7) days. If the third-party food delivery service does not provide the refund requested after seven days or the third-party food delivery service continues to charge fees in violation of this Article after the initial notice and seven (7) day cure period, a retail food establishment may enforce this Article by means of a civil action seeking damages and injunctive relief. The prevailing party in any such action shall be entitled to an award of reasonable attorney fees.
(Ord. O-20-1375, 2-10-2021)