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AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend, on an emergency basis, due to congressional review, the Fair Meals Delivery Act of
2022 to prohibit a third-party meal delivery service from excluding any restaurant with
whom the third-party meal delivery service has an agreement from a customer within 4
miles of a restaurant, to restrict third-party meal delivery services from reducing a
restaurant’s delivery radius below 4 miles based on the level or percentage of
commissions paid, to restrict third-party meal delivery services from limiting driver
availability based on the level or percentage of commissions paid, to require third-party
meal delivery services to disclose, in plain language, all fees, commissions, and charges
related to contracted services for covered restaurants, and to make other clarifying
changes.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Food Delivery Fees Transparency Congressional Review Emergency
Amendment Act of 2023”.
Sec. 2. The Fair Meals Delivery Act of 2022, effective March 10, 2023 (D.C. Law 24-
292; D.C. Official Code § 48-651 et seq.), is amended as follows:
(a) The long title is amended by striking the word “platform” wherever it appears and
inserting the word “service” in its place.
(b) Section 2 (D.C. Official Code § 48-651) is amended as follows:
(1) Paragraph (1) is amended by striking the word “platform” and inserting the
word “service” in its place.
(2) Paragraph (2) is amended to read as follows:
“(2) “Core delivery service” means a service that lists a restaurant and makes the
restaurant discoverable on all third-party meal delivery platforms where a third-party meal
delivery service lists restaurants and facilitates or performs the delivery through employees or
independent contractors of the third-party meal delivery service of food or beverages from
restaurants to customers. The term “core delivery service” does not include any other service that
may be provided by a third-party meal delivery service to a restaurant, including advertising or ENROLLED ORIGINAL
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other promotional services, search engine optimization, business consulting, or credit card
processing.”.
(3) New paragraphs (2A) and (2B) are added to read as follows:
“(2A) “Covered restaurant” means a restaurant that elects to receive only core
delivery service.
“(2B) “Delivery radius” means the circular delivery area from around a restaurant
within which customers can search for and order from a restaurant.”.
(4) Paragraph (6) is amended by striking the phrase “by, and same-day delivery,
and the” and inserting the phrase “by, and provides the” in its place.
(5) A new paragraph (6A) is added to read as follows:
“(6A) “Third-party meal delivery service” means a person that operates a third-
party meal delivery platform.”.
(c) Section 3 (D.C. Official Code § 48-652) is amended as follows:
(1) The section heading is amended by striking the phrase “meals delivery
platforms” and inserting the phrase ”meal delivery services” in its place.
(2) Subsection (a) is amended by striking the word “platform” both times it
appears and inserting the word “service” in its place.
(3) Subsection (b) is amended by striking the word “platform” both times it
appears and inserting the word “service” in its place.
(4) Subsection (c) is amended as follows:
(A) Paragraph (1) is amended by striking the word “platform” and
inserting the word “service” in its place.
(B) Paragraph (2) is amended by striking the word “platform” and
inserting the word “service” in its place.
(5) Subsection (d) is amended by striking the phrase “platform that” and inserting
the phrase “service that” in its place.
(6) New subsections (e), (f), and (g) are added to read as follows:
“(e) A third-party meal delivery service shall not exclude any restaurant with whom the
third party-meal delivery service has an agreement from a customer within 4 miles of a
restaurant.
“(f) A third-party meal delivery service shall not reduce the delivery radius of a covered
restaurant below 4 miles, based on the level or percentage of commissions paid.
“(g) A third-party meal delivery service shall not reduce the availability of delivery
drivers provided to a covered restaurant, based on the level or percentage of commissions paid;
provided, that this subsection shall not be construed to restrict a third-party meal delivery
service’s ability to use any method (that does not conflict with the restrictions in this subsection
or any other applicable law) to offer expedited or priority driver services to a covered restaurant
that pays for such services on a third-party meal delivery platform.”.
(d) Section 4 (D.C. Official Code § 48-653) is amended as follows: ENROLLED ORIGINAL
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(1) Strike the phrase “, the third-party meal delivery platform” and insert the
phrase “, the third-party meal delivery service” in its place.
(2) Strike the phrase “platform (“charges”)” and insert the phrase “service
(“charges”)” in its place.
(e) A new section 4a is added to read as follows:
“Sec. 4a. Restaurant disclosure requirement.
“A third-party meal delivery service shall:
“(1) Disclose to a covered restaurant, in plain language, the fees, commissions,
and charges associated with the contracted services in the agreement; and
“(2) Maintain all contracts with covered restaurants in its records for 3 years after
the date the agreement is executed.”.
(f) Section 5 (D.C. Official Code § 48-654) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Strike the phrase “third-party meal delivery platform” both times it
appears and insert the phrase “third-party meal delivery service” in its place.
(B) Strike the phrase “platform does” and insert the phrase “third-party
meal delivery service does” in its place.
(2) Subsection (b) is amended as follows:
(A) The lead-in language is amended by striking the word “platform” and
inserting the word “service” in its place.
(B) Paragraph (2) is amended by striking the word “platform” and
inserting the word “service” in its place.
(g) Section 6 (D.C. Official Code § 48-655) is amended to read as follows:
“Sec. 6. Third-party delivery platform; registration requirement.
“A third-party food delivery service operating in the District shall register with the
Department of Licensing and Consumer Protection.”.
Sec. 3. Applicability.
This act shall apply as of May 24, 2023.
Sec. 4. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
statement required by section 4a of the General Legislative Procedures Act of 1975, approved
October 16, 2006 (120 Stat. 2038; D.C. Official Code § l-301.47a).
Sec. 5. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
90 days, as provided for emergency acts of the Council of the District of Columbia in section ENROLLED ORIGINAL
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412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
D.C. Official Code §1-204.12(a)).
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Chairman
Council of the District of Columbia
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Mayor
District of Columbia