District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0376 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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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.
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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”.
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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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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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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.”.
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125		-	Sec. 3. Applicability.
126		-	This act shall apply as of May 24, 2023.
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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).
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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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	2	+	_____________________________ 2
	3	+	Councilmember Brianne K. Nadeau 3
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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)).
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151		-	______________________________
152		-	Chairman
153		-	Council of the District of Columbia
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158		-	_________________________________
159		-	Mayor
160		-	District of Columbia
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	7	+	A PROPOSED RESOLUTION 7
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	9	+	___________ 9
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	11	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11
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	13	+	____________________ 13
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	15	+	To declare the existence of an emergency with respect to the need to amend the Firearms Control 15
	16	+	Regulations Act of 1975 to provide for the Chief of Police of the Metropolitan Police 16
	17	+	Department to have the burden of production and burden of persuasion in an appeal of 17
	18	+	the Chief’s firearm registration certificate or concealed pistol license determination 18
	19	+	before the Office of Administrative Hearings. 19
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	21	+	RESOLVED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 21
	22	+	resolution may be cited as the “Office of Administrative Hearings Jurisdiction Clarification 22
	23	+	Emergency Declaration Resolution of 2023”. 23
	24	+	Sec. 2. (a) On June 6, 2023, the Council adopted Bill 25-310, the Office of 24
	25	+	Administrative Hearings Jurisdiction Emergency Amendment Act of 2023, which transferred 25
	26	+	jurisdiction of appeals of the Chief’s denial or revocation of a concealed pistol license (“CPL”) 26
	27	+	to the Office of Administrative Hearings, effective October 1, 2023. Temporary legislation is 27
	28	+	expected to become law on November 9, 2023, and permanent legislation has been introduced. 28
	29	+	(b) Upon review of the current licensing scheme, the Council believes it is most 29
	30	+	appropriate for the burden of proof in appeals of the Chief’s decisions regarding firearm 30
	31	+	registration certificates and concealed pistol licenses to be on the Chief, rather than the applicant 31
	32	+	or licensee/registrant, as currently required by law. 32 (c) Emergency action is necessary so that the appropriate burden of proof is in place 33
	33	+	when the Office of Administrative Hearings takes jurisdiction of CPL appeals on October 1 34
	34	+	while the Council considers permanent legislation. 35
	35	+	Sec. 3. The Council of the District of Columbia determines that the circumstances 36
	36	+	enumerated in section 2 constitute emergency circumstances making it necessary that the Office 37
	37	+	of Administrative Hearings Jurisdiction Clarification Emergency Amendment Act of 2023 be 38
	38	+	adopted after a single reading. 39
	39	+	Sec. 4. This resolution shall take effect immediately. 40