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Ordinance Page 2 J. On July 13, 2020, the State Public Health Order issued an Order closing all indoor restaurant dining statewide, among other indoor operations. K. As a result of the public health emergency and the orders issued by health authorities, restaurants in the city have been limited to takeout and delivery offerings (plus limited outdoor dining if available but often with reduced capacity) which has led to a sudden and severe income loss and financial strain for Pleasanton's restaurants, particularly those who operated on thin margins before the pandemic and those who did not have robust takeout and delivery infrastructure or outdoor seating capacity. L. Many consumers use third -party applications and websites to place orders with restaurants for delivery and takeout and these applications and websites typically charge the restaurants between 10 and 30 percent of the purchase price of the order as a commission. M. Restaurants have limited bargaining power to negotiate lower fees with third -party platforms, given the high market saturation of third -party platforms and the dire financial straits restaurants are facing in this COVID-19 emergency. N. State anti -gouging laws and State of California Executive Order N-44-20 provide protections against profiteering and unscrupulous business practices but do not provide any protections in the market for food delivery services. O. If retail food providers raise their costs or close as a result of high fees from third -party delivery services, their workers will lose employment, thereby affecting their ability to provide for their families, and the community will lose access to essential food services for its residents. P. Continuity of operations among the city's restaurants is critical for the delivery of essential food services to the residents of Pleasanton and to sustain these sources of employment and neighborhood vitality within the city. Q. Several Bay Area jurisdictions, including San Francisco, Oakland, Berkeley, Fremont, San Leandro, Dublin, and Livermore have experienced significant increases in delivery fees from third -party delivery services that also operate in Pleasanton and have recently enacted similar measures to cap the fees they may charge at 15 percent. R. The City has heard from local businesses who attest to increasing delivery fees from third -party delivery services looking to leverage their position during the COVID-19 emergency. S. Capping delivery service fees at 15 percent per order, will achieve the