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ARTICLE XXVI. THIRD-PARTY RESTAURANT DELIVERY SERVICES
As used in this article, the following terms are defined as follows:
"Commission fee" means a fee charged by a third party restaurant delivery service, for providing a restaurant with a service that delivers food from the restaurant to customers. The term includes all fees for this service, whether characterized as a "delivery fee," "service fee," "surcharge fee," "small order fee," or otherwise, and includes fees charged for processing the online order. The term does not include a fee that the third party restaurant delivery service charges the restaurant for additional marketing services, such as prioritizing the restaurant in searches or search results.
"Declared emergency" means the period of time during which a state of emergency or local emergency has been declared by the Governor of the State of Arizona and/or by the Mayor of the City of Tucson, and such declaration remains in effect; and during which restrictions or limitations on the dine-in operations of restaurants are in effect in connection with those declarations.
"Online order" means an order placed through a platform provided by a third-party restaurant delivery service for delivery within the City of Tucson.
"Purchase price" means the menu price of an online order; but excludes taxes, gratuities, and any other fees that make up the total cost to the customer of an online order.
"Restaurant" means any business activity where articles of food, drink or condiment are customarily prepared or served to patrons for consumption on or off the premises.
"Third-party restaurant delivery service" means any website, mobile application, or other internet or online service that offers or arranges for the sale of food and beverages prepared by, and the same-day delivery or same-day pick-up of food and beverages from, twenty (20) or more restaurants located in the City of Tucson that are owned and operated by different persons.
(Ord. No. 11787, § 1, 10-6-20)
Effective January 1, 2021 and continuing thereafter, a third-party restaurant delivery service shall not engage in either of the following activities without first obtaining an agreement with that restaurant expressly authorizing the third-party restaurant delivery service to do so:
(1) arrange for the delivery of an online order or any food or beverage order from that restaurant, and/or
(2) list, display or use the likeness, trademark or any intellectual property of that restaurant.
(Ord. No. 11787, § 1, 10-6-20)
(a) Effective October 15, 2020, and continuing until the termination of the declared emergency, it is unlawful for a third-party restaurant delivery service to charge a restaurant a commission fee per online order for the use of its services that is more than fifteen percent (15%) of the purchase price of the online order.
(b) The provisions of subsection (a) above do not apply to restaurants that are part of a chain having five (5) or more locations operating in the city and doing business under the same name and offering for sale substantially the same menu items.
(Ord. No. 11787, § 1, 10-6-20)
ARTICLE XXVII. TOWING CARRIERS
Sec. 7-514(a). Business hours are 8:00 a.m. - 6:00 p.m. Monday through Friday and 8:00 a.m. - 12:00 p.m. on Saturday.
Sec. 7-514(b). Parking area means one or more spaces not affiliated with a single-family residence, intended for temporary public motor vehicle parking.
Sec. 7-514(c). Property owner means a person who owns private property, including the authorized representative of the property owner.
Sec. 7-514(d). Tow includes transport by any means.
Sec. 7-514(e). Towing carrier means any person who tows, or attempts to tow, motor vehicles from private property in the city, for compensation of any kind.
Sec. 7-514(f). Vehicle owner means the person who owns a motor vehicle, including the vehicle operator and authorized agent of the vehicle owner.
(Ord. No. 12055, § 1, 11-14-23; Ord. No. 12099, § 1, 6-4-24)
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