S.B. 169 - *SB169* SENATE BILL NO. 169–SENATOR DOÑATE PREFILED FEBRUARY 3, 2025 ____________ Referred to Committee on Commerce and Labor SUMMARY—Prohibits a third-party restaurant reservation service platform provider from engaging in certain activities. (BDR 52-627) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to trade practices; prohibiting a third-party restaurant reservation service platform provider from engaging in certain activities; providing penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: This bill enacts certain provisions relating to a third-party restaurant reservation 1 service platform, which this bill defines as an Internet website, online service or 2 mobile application which offers or arranges for a reservation for on-premises 3 service for a customer at a food dispensing establishment and which is owned and 4 operated by a person other than the person who owns the food dispensing 5 establishment. This bill also defines “third-party restaurant reservation service 6 platform provider” to mean a person who operates a third-party restaurant 7 reservation service platform. 8 This bill prohibits a third-party restaurant reservation service platform provider 9 from listing, advertising, promoting or selling a reservation for on-premises service 10 for a customer at a food dispensing establishment through the third-party restaurant 11 reservation service platform of the provider unless the provider has entered into a 12 written agreement with the food dispensing establishment or a designee of the food 13 dispensing establishment that expressly authorizes the provider to engage in such 14 activities. This bill provides that a third-party restaurant reservation service 15 platform provider who violates that prohibition is subject to a civil penalty of 16 $1,000 per day for the violation, recoverable by the Attorney General or district 17 attorney in a civil action. 18 – 2 – - *SB169* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 597 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. A third-party restaurant reservation service platform 3 provider shall not list, advertise, promote or sell a reservation for 4 on-premises service for a customer at a food dispensing 5 establishment through the third-party restaurant reservation 6 service platform of the provider unless the provider has entered 7 into a written agreement with either the food dispensing 8 establishment or a person to whom the food dispensing 9 establishment has, by contract, provided the authority to enter into 10 such written agreements that expressly authorizes the provider to 11 engage in such activities. 12 2. A third-party restaurant reservation service platform 13 provider who violates the provisions of subsection 1 is subject to a 14 civil penalty not to exceed $1,000 per day of the violation, and 15 each day’s continuance of the violation constitutes a separate and 16 distinct violation. The Attorney General or any district attorney of 17 this State may recover the penalty in a civil action brought in the 18 name of the State of Nevada in any court of competent 19 jurisdiction. 20 3. As used in this section: 21 (a) “Food dispensing establishment” has the meaning ascribed 22 to it in NRS 597.7629. 23 (b) “Third-party restaurant reservation service platform” 24 means an Internet website, online service or mobile application 25 which offers or arranges a reservation for on-premises service for 26 a customer at a food dispensing establishment and which is owned 27 and operated by a person other than the person who owns the food 28 dispensing establishment. 29 (c) “Third-party restaurant reservation service platform 30 provider” or “provider” means a person who operates a third-31 party restaurant reservation service platform. 32 H