1
_____________________________ 1
Councilmember Charles Allen 2
3
4
5
A BILL 6
7
_______ 8
9
10
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11
12
____________________ 13
14
15
To amend, on an emergency basis, the Fair Meals Delivery Act of 2022, to restrict third-party meal 16
delivery services from reducing a restaurant’s placement within a given list of restaurants 17
on a third-party food delivery platform based on the level or percentage of commissions 18
paid, and to make other clarifying changes. 19
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 20
act may be cited as the “Food Delivery Fees Transparency Emergency Amendment Act of 2023”. 21
Sec. 2. The Fair Meals Delivery Act of 2022, effective March 10, 2023 (D.C. Law 24-22
292; D.C. Official Code § 48-651 et seq.), is amended as follows: 23
(a) The long title is amended by striking the word “platform” wherever it appears and 24
inserting the word “service” in its place. 25
(b) Section 2 (D.C. Official Code § 48-651) is amended as follows: 26
(1) Paragraph (1) is amended by striking the word “platform” and inserting the 27
word “service” in its place. 28
(2) Paragraph (2) is amended as follows: 29
(A) Strike the phrase “modalities or platforms offered by a third-party 30
meal delivery platform, including any website, mobile application, or other internet service” and 31
insert the phrase “third-party meal delivery platforms” in its place. 32
2
(B) Strike the phrase “platform lists” and insert the phrase “service lists” 33
in its place. 34
(C) Strike the phrase “platform of” and insert the phrase “service of” in its 35
place. 36
(D) Strike the phrase “platform to” and insert the phrase “service to” in its 37
place. 38
(3) A new paragraph (2A) is added to read as follows: 39
“(2A) “Covered restaurant” means a restaurant that elects to receive only core 40
delivery service.”. 41
(4) A new paragraph (6A) is added to read as follows: 42
“(6A) “Third-party meal delivery service” means a person that operates a third-43
party meal delivery platform.”. 44
(c) Section 3 (D.C. Official Code § 48-652) is amended as follows: 45
(1) The section heading is amended by striking the phrase ”meals delivery 46
platforms” and inserting the phrase ”meal delivery services” in its place. 47
(2) Subsection (a) is amended by striking the word “platform” both times it 48
appears and inserting the word “service” in its place. 49
(3) Subsection (b) is amended by striking the word “platform” both times it 50
appears and inserting the word “service” in its place. 51
(4) Subsection (c) is amended as follows: 52
(A) Paragraph (1) is amended by striking the word “platform” and 53
inserting the word “service” in its place. 54
3
(B) Paragraph (2) is amended by striking the word “platform” and 55
inserting the word “service” in its place. 56
(5) Subsection (d) is amended by striking the phrase “platform that” and inserting 57
the phrase “service that” in its place. 58
(6) A new subsection (e) is added to read as follows: 59
“(e) A third-party meal delivery service shall not reduce the placement of a covered 60
restaurant, in any page, list, or search results in which the covered restaurant is included, relative 61
to other restaurants, based on the level or percentage of commissions paid; provided, that this 62
subsection shall not be construed to restrict a third-party meal delivery service’s ability to use 63
any method (that does not conflict with the restrictions in this subsection or any other applicable 64
law) to determine the displaying and ordering of restaurants on a third-party meal delivery 65
platform, including: 66
“(1) Offering preferential listing to restaurants that pay for advertising or other 67
promotional services; 68
“(2) Displaying restaurants based on a particular customer’s search or purchase 69
history, proximity to a customer’s location, or other similar factors; and 70
“(3) Relying on an algorithm to implement paragraph (1) or (2) of this 71
subsection.”. 72
(d) The lead-in language of Section 4 (D.C. Official Code § 48-653) is amended as 73
follows: 74
(1) Strike the phrase “, the third-party meal delivery platform” and insert the 75
phrase “, the third-party meal delivery service” in its place. 76
4
(2) Strike the phrase “platform (“charges”)” and inserting the phrase “service 77
(“charges”)” in its place. 78
(e) Section 5 (D.C. Official Code § 48-654) is amended as follows: 79
(1) Subsection (a) is amended as follows: 80
(A) Strike the phrase “third-party meal delivery platform” both times it 81
appears and insert the phrase “third-party meal delivery service” in its place. 82
(B) Strike the phrase “platform does” and inserting the phrase “third-party 83
meal delivery service does” in its place. 84
(2) Subsection (b) is amended as follows: 85
(A) The lead-in language is amended by striking the word “platform” and 86
inserting the word “service” in its place. 87
(B) Paragraph (2) is amended by striking the word “platform” and 88
inserting the word “service” in its place. 89
(f) Section 6 (D.C. Official Code § 48-655) is amended as follows: 90
(1) The section heading is amended by striking the word “platform” and inserting 91
the word “service” in its place. 92
(2) Strike the phrase “A person, corporation, partnership, or association operating 93
a third-party food delivery platform in the District of Columbia” and insert the phrase “A third-94
party food delivery service operating in the District” in its place. 95
Sec. 3. Fiscal impact statement. 96
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 97
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 98
October 16, 2006 (120 Stat. 2038; D.C. Official Code § l-301.47a). 99
5
Sec. 4. Effective date. 100
This act shall take effect following approval by the Mayor (or in the event of veto by the 101
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 102
90 days, as provided for emergency acts of the Council of the District of Columbia in section 103
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 104
D.C. Official Code § 1-204.12(a)). 105