Bill Text: NY A11130 | 2019-2020 | General Assembly | Introduced

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Bill Title: Prohibits unauthorized listing of food places on the application and/or website of food delivery platforms.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-11-06 - referred to consumer affairs and protection [A11130 Detail]

Download: New_York-2019-A11130-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          11130

                   IN ASSEMBLY

                                    November 6, 2020
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. McDonald,
          Fahy, Woerner) -- read once and referred to the Committee on  Consumer
          Affairs and Protection

        AN  ACT  to  amend  the general business law, in relation to prohibiting
          unauthorized listing of food places on the application and/or  website
          of food delivery platforms

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  391-v to read as follows:
     3    § 391-v. Consumer transparency; food delivery platforms. 1.   For  the
     4  purposes  of  this section, the following terms shall have the following
     5  meanings:
     6    (a) "Food delivery platform" means an online business  including,  but
     7  not limited to, third-party food delivery application companies that act
     8  as  an intermediary between consumers and multiple food places to submit
     9  food orders from a consumer  to  a  participating  food  place,  and  to
    10  arrange  for  the  delivery  of  such  order from such food place to the
    11  consumer.
    12    (b) "Food place" means any restaurant, dining  room,  food  truck,  or
    13  other  business  engaged  in  the  preparation  and  service of food for
    14  consumption by the general public on or off premises.
    15    2. A food delivery platform shall not arrange for the delivery  of  an
    16  order  from a food place without first entering into a written agreement
    17  with such food place expressly authorizing such food  delivery  platform
    18  to  take  orders  and  to deliver food and/or beverages prepared by such
    19  food place.
    20    3. A food delivery platform shall be prohibited from  listing  a  food
    21  place  on  its  application and/or website as a participating food place
    22  without first executing a written agreement pursuant to subdivision  two
    23  of this section.
    24    4.  In  the  event a food delivery platform receives a written request
    25  from a food place requesting that such food place be removed  from  such
    26  food  delivery platform's application and/or website, such food delivery

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17529-01-0
        A. 11130                            2

     1  platform shall confirm receipt of such  request  and  remove  such  food
     2  place from its application and/or website immediately thereafter.
     3    5.  In  the event that a food delivery platform does not remove a food
     4  place from its application and/or website after receiving a  request  to
     5  do  so  from such food place within five business days of receiving such
     6  request, such food delivery platform shall be fined five hundred dollars
     7  for each day such food delivery platform fails to remove such food place
     8  from its application and/or website.
     9    § 2. This act shall take effect immediately.