District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0376 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	ENROLLED ORIGINAL
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8		-	AN ACT
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13		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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15		-	____________________
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18		-	To amend, on an emergency basis, due to congressional review, the Fair Meals Delivery Act of
19		-	2022 to prohibit a third-party meal delivery service from excluding any restaurant with
20		-	whom the third-party meal delivery service has an agreement from a customer within 4
21		-	miles of a restaurant, to restrict third-party meal delivery services from reducing a
22		-	restaurant’s delivery radius below 4 miles based on the level or percentage of
23		-	commissions paid, to restrict third-party meal delivery services from limiting driver
24		-	availability based on the level or percentage of commissions paid, to require third-party
25		-	meal delivery services to disclose, in plain language, all fees, commissions, and charges
26		-	related to contracted services for covered restaurants, and to make other clarifying
27		-	changes.
28		-
29		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
30		-	act may be cited as the “Food Delivery Fees Transparency Congressional Review Emergency
31		-	Amendment Act of 2023”.
32		-
33		-	Sec. 2. The Fair Meals Delivery Act of 2022, effective March 10, 2023 (D.C. Law 24-
34		-	292; D.C. Official Code § 48-651 et seq.), is amended as follows:
35		-	(a) The long title is amended by striking the word “platform” wherever it appears and
36		-	inserting the word “service” in its place.
37		-	(b) Section 2 (D.C. Official Code § 48-651) is amended as follows:
38		-	(1) Paragraph (1) is amended by striking the word “platform” and inserting the
39		-	word “service” in its place.
40		-	(2) Paragraph (2) is amended to read as follows:
41		-	“(2) “Core delivery service” means a service that lists a restaurant and makes the
42		-	restaurant discoverable on all third-party meal delivery platforms where a third-party meal
43		-	delivery service lists restaurants and facilitates or performs the delivery through employees or
44		-	independent contractors of the third-party meal delivery service of food or beverages from
45		-	restaurants to customers. The term “core delivery service” does not include any other service that
46		-	may be provided by a third-party meal delivery service to a restaurant, including advertising or ENROLLED ORIGINAL
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	4	+	______________________________ 1
	5	+	Councilmember Charles Allen 2
	6	+	3
	7	+	4
	8	+	5
	9	+	A BILL 6
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	11	+	_______ 8
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	13	+	10
	14	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11
	15	+	12
	16	+	____________________ 13
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	18	+	15
	19	+	To amend, on an emergency basis, due to congressional review, the Fair Meals Delivery Act of 16
	20	+	2022, to restrict third-party meal delivery services from reducing a restaurant’s placement 17
	21	+	within a given list of restaurants on a third-party food delivery platform based on the 18
	22	+	level or percentage of commissions paid, to restrict third-party meal delivery services 19
	23	+	from reducing a restaurant’s delivery radius based on the level or percentage of 20
	24	+	commissions paid, to restrict third-party meal delivery services from limiting driver 21
	25	+	availability based on the level or percentage of commissions paid, to require third-party 22
	26	+	meal delivery services to disclose, in plain language, all fees, commissions, and charges 23
	27	+	related to contracted services for covered restaurants, and to make other clarifying 24
	28	+	changes. 25
	29	+	26
	30	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 27
	31	+	act may be cited as the “Food Delivery Fees Transparency Congressional Review Emergency 28
	32	+	Amendment Act of 2023”. 29
	33	+	Sec. 2. The Fair Meals Delivery Act of 2022, effective March 10, 2023 (D.C. Law 24-30
	34	+	292; D.C. Official Code § 48-651 et seq.), is amended as follows: 31
	35	+	(a) The long title is amended by striking the word “platform” wherever it appears and 32
	36	+	inserting the word “service” in its place. 33
	37	+	(b) Section 2 (D.C. Official Code § 48-651) is amended as follows: 34
	38	+	(1) Paragraph (1) is amended by striking the word “platform” and inserting the 35
	39	+	word “service” in its place. 36
	40	+	(2) Paragraph (2) is amended to read as follows: 37
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53		-	other promotional services, search engine optimization, business consulting, or credit card
54		-	processing.”.
55		-	(3) New paragraphs (2A) and (2B) are added to read as follows:
56		-	“(2A) “Covered restaurant” means a restaurant that elects to receive only core
57		-	delivery service.
58		-	“(2B) “Delivery radius” means the circular delivery area from around a restaurant
59		-	within which customers can search for and order from a restaurant.”.
60		-	(4) Paragraph (6) is amended by striking the phrase “by, and same-day delivery,
61		-	and the” and inserting the phrase “by, and provides the” in its place.
62		-	(5) A new paragraph (6A) is added to read as follows:
63		-	“(6A) “Third-party meal delivery service” means a person that operates a third-
64		-	party meal delivery platform.”.
65		-	(c) Section 3 (D.C. Official Code § 48-652) is amended as follows:
66		-	(1) The section heading is amended by striking the phrase “meals delivery
67		-	platforms” and inserting the phrase ”meal delivery services” in its place.
68		-	(2) Subsection (a) is amended by striking the word “platform” both times it
69		-	appears and inserting the word “service” in its place.
70		-	(3) Subsection (b) is amended by striking the word “platform” both times it
71		-	appears and inserting the word “service” in its place.
72		-	(4) Subsection (c) is amended as follows:
73		-	(A) Paragraph (1) is amended by striking the word “platform” and
74		-	inserting the word “service” in its place.
75		-	(B) Paragraph (2) is amended by striking the word “platform” and
76		-	inserting the word “service” in its place.
77		-	(5) Subsection (d) is amended by striking the phrase “platform that” and inserting
78		-	the phrase “service that” in its place.
79		-	(6) New subsections (e), (f), and (g) are added to read as follows:
80		-	“(e) A third-party meal delivery service shall not exclude any restaurant with whom the
81		-	third party-meal delivery service has an agreement from a customer within 4 miles of a
82		-	restaurant.
83		-	“(f) A third-party meal delivery service shall not reduce the delivery radius of a covered
84		-	restaurant below 4 miles, based on the level or percentage of commissions paid.
85		-	“(g) A third-party meal delivery service shall not reduce the availability of delivery
86		-	drivers provided to a covered restaurant, based on the level or percentage of commissions paid;
87		-	provided, that this subsection shall not be construed to restrict a third-party meal delivery
88		-	service’s ability to use any method (that does not conflict with the restrictions in this subsection
89		-	or any other applicable law) to offer expedited or priority driver services to a covered restaurant
90		-	that pays for such services on a third-party meal delivery platform.”.
91		-	(d) Section 4 (D.C. Official Code § 48-653) is amended as follows: ENROLLED ORIGINAL
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	43	+	“(2) “Core delivery service” means a service that lists a restaurant and makes the 38
	44	+	restaurant discoverable on all third-party meal delivery platforms where a third-party meal 39
	45	+	delivery service lists restaurants and facilitates or performs the delivery through employees or 40
	46	+	independent contractors of the third-party meal delivery service of food or beverages from 41
	47	+	restaurants to customers. The term “core delivery service” does not include any other service that 42
	48	+	may be provided by a third-party meal delivery service to a restaurant, including advertising or 43
	49	+	other promotional services, search engine optimization, business consulting, or credit card 44
	50	+	processing.”. 45
	51	+	(3) New paragraphs (2A) and (2B) are added to read as follows: 46
	52	+	“(2A) “Covered restaurant” means a restaurant that elects to receive only core 47
	53	+	delivery service. 48
	54	+	“(2B) “Delivery radius” means the circular delivery area from around a restaurant 49
	55	+	within which customers can search for and order from a restaurant.”. 50
	56	+	(4) Paragraph (6) is amended by striking the phrase “by, and same-day delivery, 51
	57	+	and the” and inserting the phrase “by, and provides the” in its place. 52
	58	+	(5) A new paragraph (6A) is added to read as follows: 53
	59	+	“(6A) “Third-party meal delivery service” means a person that operates a third-54
	60	+	party meal delivery platform.”. 55
	61	+	(c) Section 3 (D.C. Official Code § 48-652) is amended as follows: 56
	62	+	(1) The section heading is amended by striking the phrase “meals delivery 57
	63	+	platforms” and inserting the phrase ”meal delivery services” in its place. 58
	64	+	(2) Subsection (a) is amended by striking the word “platform” both times it 59
	65	+	appears and inserting the word “service” in its place. 60
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98		-	(1) Strike the phrase “, the third-party meal delivery platform” and insert the
99		-	phrase “, the third-party meal delivery service” in its place.
100		-	(2) Strike the phrase “platform (“charges”)” and insert the phrase “service
101		-	(“charges”)” in its place.
102		-	(e) A new section 4a is added to read as follows:
103		-	“Sec. 4a. Restaurant disclosure requirement.
104		-	“A third-party meal delivery service shall:
105		-	“(1) Disclose to a covered restaurant, in plain language, the fees, commissions,
106		-	and charges associated with the contracted services in the agreement; and
107		-	“(2) Maintain all contracts with covered restaurants in its records for 3 years after
108		-	the date the agreement is executed.”.
109		-	(f) Section 5 (D.C. Official Code § 48-654) is amended as follows:
110		-	(1) Subsection (a) is amended as follows:
111		-	(A) Strike the phrase “third-party meal delivery platform” both times it
112		-	appears and insert the phrase “third-party meal delivery service” in its place.
113		-	(B) Strike the phrase “platform does” and insert the phrase “third-party
114		-	meal delivery service does” in its place.
115		-	(2) Subsection (b) is amended as follows:
116		-	(A) The lead-in language is amended by striking the word “platform” and
117		-	inserting the word “service” in its place.
118		-	(B) Paragraph (2) is amended by striking the word “platform” and
119		-	inserting the word “service” in its place.
120		-	(g) Section 6 (D.C. Official Code § 48-655) is amended to read as follows:
121		-	“Sec. 6. Third-party delivery platform; registration requirement.
122		-	“A third-party food delivery service operating in the District shall register with the
123		-	Department of Licensing and Consumer Protection.”.
124		-
125		-	Sec. 3. Applicability.
126		-	This act shall apply as of May 24, 2023.
127		-
128		-	Sec. 4. Fiscal impact statement.
129		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
130		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
131		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § l-301.47a).
132		-
133		-	Sec. 5. Effective date.
134		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
135		-	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
136		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section ENROLLED ORIGINAL
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	68	+	(3) Subsection (b) is amended by striking the word “platform” both times it 61
	69	+	appears and inserting the word “service” in its place. 62
	70	+	(4) Subsection (c) is amended as follows: 63
	71	+	(A) Paragraph (1) is amended by striking the word “platform” and 64
	72	+	inserting the word “service” in its place. 65
	73	+	(B) Paragraph (2) is amended by striking the word “platform” and 66
	74	+	inserting the word “service” in its place. 67
	75	+	(5) Subsection (d) is amended by striking the phrase “platform that” and inserting 68
	76	+	the phrase “service that” in its place. 69
	77	+	(6) New subsections (e), (f), and (g) are added to read as follows: 70
	78	+	“(e) A third party meal delivery service shall not exclude any restaurant with whom the 71
	79	+	third party meal delivery service has an agreement from a customer within 4 miles of a 72
	80	+	restaurant. 73
	81	+	“(f) A third-party meal delivery service shall not reduce the delivery radius of a covered 74
	82	+	restaurant below 4 miles, based on the level or percentage of commissions paid. 75
	83	+	“(g) A third-party meal delivery service shall not reduce the availability of delivery 76
	84	+	drivers provided to a covered restaurant, based on the level or percentage of commissions paid; 77
	85	+	provided, that this subsection shall not be construed to restrict a third-party meal delivery 78
	86	+	service’s ability to use any method (that does not conflict with the restrictions in this subsection 79
	87	+	or any other applicable law) to offer expedited or priority driver services to a covered restaurant 80
	88	+	that pays for such services on a third-party meal delivery platform.”. 81
	89	+	(d) Section 4 (D.C. Official Code § 48-653) is amended as follows: 82
	90	+	(1) Strike the phrase “, the third-party meal delivery platform” and insert the 83
	91	+	phrase “, the third-party meal delivery service” in its place. 84
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142	93
	94	+	(2) Strike the phrase “platform (“charges”)” and insert the phrase “service 85
	95	+	(“charges”)” in its place. 86
	96	+	(e) A new section 4a is added to read as follows: 87
	97	+	“Sec. 4a. Restaurant disclosure requirement. 88
	98	+	“A third-party meal delivery service shall: 89
	99	+	“(1) Disclose to a covered restaurant, in plain language, the fees, commissions, 90
	100	+	and charges associated with the contracted services in the agreement; and 91
	101	+	“(2) Maintain all contracts with covered restaurants in its records for 3 years after 92
	102	+	the date the agreement is executed.”. 93
	103	+	(f) Section 5 (D.C. Official Code § 48-654) is amended as follows: 94
	104	+	(1) Subsection (a) is amended as follows: 95
	105	+	(A) Strike the phrase “third-party meal delivery platform” both times it 96
	106	+	appears and insert the phrase “third-party meal delivery service” in its place. 97
	107	+	(B) Strike the phrase “platform does” and insert the phrase “third-party 98
	108	+	meal delivery service does” in its place. 99
	109	+	(2) Subsection (b) is amended as follows: 100
	110	+	(A) The lead-in language is amended by striking the word “platform” and 101
	111	+	inserting the word “service” in its place. 102
	112	+	(B) Paragraph (2) is amended by striking the word “platform” and 103
	113	+	inserting the word “service” in its place. 104
	114	+	(g) Section 6 (D.C. Official Code § 48-655) is amended to read as follows: 105
	115	+	“Sec. 6. Third-party delivery platform; registration requirement. 106
	116	+	“A third-party food delivery service operating in the District shall register with the 107
	117	+	Department of Licensing and Consumer Protection.”. 108
	118	+	5
143	119
144		-
145		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
146		-	D.C. Official Code §1-204.12(a)).
147		-
148		-
149		-
150		-
151		-	______________________________
152		-	Chairman
153		-	Council of the District of Columbia
154		-
155		-
156		-
157		-
158		-	_________________________________
159		-	Mayor
160		-	District of Columbia
161		-
	120	+	Sec. 3. Fiscal impact statement. 109
	121	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 110
	122	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 111
	123	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § l-301.47a). 112
	124	+	Sec. 4. Effective date. 113
	125	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 114
	126	+	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 115
	127	+	90 days, as provided for emergency acts of the Council of the District of Columbia in section 116
	128	+	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 117
	129	+	D.C. Official Code §1-204.12(a)). 118