ORD 2211 - Laserfiche WebLink

Urgency Ordinance No. 2211 Page 4 of 5 3. For purposes of this Ordinance, the following definitions apply: a. "Covered establishment" means a restaurant, eating or drinking establishment, or similar food facility that offers, in a single commercial transaction over the internet, whether directly or through a third party food delivery service, the sale and same-day delivery of food to customers from one or more retail locations within the city. b. "Online order" means an order placed by a customer through a platform provided by a third-party food delivery service for delivery or pickup within the city. c. "Purchase price" means the menu price of an online order. Such term therefore excludes taxes, gratuities and any other fees that may make up the total cost to the customer of an online order. d. "Third party food delivery service" means any individual, firm, association, corporation or entity through any website, mobile application or other internet service that offers or arranges for the sale of food and beverages prepared by, and the same-day delivery or same- day pickup of food and beverages from a restaurant, eating or drinking establishment, or similar food facility located within the City. 4. Each receipt generated by a third-party food delivery service for either the customer or the covered establishment shall clearly itemize the fees charged, the tips or gratuities paid, and any discounts offered by the covered establishment. 5. A covered establishment or food delivery service worker claiming a violation of this Ordinance shall first provide written notice to the third party food delivery service of the specific section of this Ordinance which is alleged to have been violated and the facts to support the alleged violation. The third party food delivery service shall have seven (7) calendar days from the date of receipt of the written notice to cure any alleged violation including but not limited to providing a refund of any charges exceeding the caps imposed herein. 6. If, after written notice is provided pursuant to section 5 above and the third party food delivery service fails to cure the alleged violation, including failing to provide a refund or continuing to charge fees in violation of this Ordinance, the person or entity claiming a violation of this Ordinance may bring a civil action seeking damages and injunctive relief. The prevailing party in any such action shall be entitled to an award of reasonable attorney's fees. 7. This Ordinance is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the City, its elected and appointed officials, its departments, officers, or employees. Section 4. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of this Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. Section 5. This Ordinance shall become effective immediately upon its adoption pursuant to California Government Code section 36937, however a third party food delivery service shall not be found to be in violation of this ordinance if within one week of the effective date of this ordinance it imposes a fee per online order for the use of its services that totals more than 15 percent of the purchase price of such online order, provided it refunds the portion of that fee that exceeds 15 percent of the purchase price to the covered establishment within five