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Amending Chapter 9-5100 of The Philadelphia Code, entitled “Food Delivery Services,”to require third-party food delivery services to register certain delivery workers who use bicycles or pedalcycles with electric assist and autonomous delivery units to perform deliveries in the City, and to require related identification, recordkeeping, reporting, and compliance measures, and fees all under certain terms and conditions.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Chapter 9-5100 of The Philadelphia Code is hereby amended to read as follows:
CHAPTER 9-5100. FOOD DELIVERY SERVICES
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§ 9-5101. Definitions.
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(1) Food service establishment. A food service establishment as that term is defined bysubsection 6-102(19.1).
(2) Likeness. Identifiable symbols attributed and easily identified as belonging to a foodservice establishment.
(3) Delivery fee. A fee charged by a third-party food delivery service for providing a foodservice establishment with a service that delivers food from such establishment to customers. The term does not include any other fee that may be charged by a third-party food deliveryservice to a food service establishment, such as fees for listing or advertising the food service establishment on the third-party food delivery service platform or fees related to processing the online order.
(4) Purchase price. The total price of items contained in an online order that are listed on the menu of the food service establishment where the order is placed. The term does not include taxes, gratuities or any other fees that may make up the total cost to the customer of an online order.
(5) Third-party food delivery service. Any company, organization or entity that is not the same business as the food service establishment that provides a limited food delivery service to customers as a result of a single commercial transaction over the internet, whether directly or through a third-party application.
(6) Delivery worker. Any individual who accepts or performs deliveries in the City through, or on behalf of, a third-party food delivery service, whether classified by the third-party food delivery service as an employee, independent contractor, agent, or otherwise.
(7) Covered delivery worker. A delivery worker who uses a bicycle or pedalcycle with electric assist to accept or perform deliveries in the City through, or on behalf of, a third-party food delivery service.
(8) Pedalcycle with electric assist. A pedalcycle with electric assist as defined in the Pennsylvania Vehicle Code.
(9) Autonomous Delivery Units. self-driving robots or vehicles designed to transport goods from a distribution point to a customer.
(10) Registry. The records required to be created, maintained, updated, and made available pursuant to Section 9-5107.
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§ 9-5107. Registration of Covered Delivery Workers.
(1) Registration Required.
(a) No third-party food delivery service shall permit, authorize, enable, or dispatch a covered delivery worker ts to accept or perform deliveries in the City unless such covered delivery worker is registered by the third-party food delivery service in accordance with this Section.
(b) Registration under this Section shall be the obligation of the third-party food delivery service and shall not require a covered delivery worker to obtain a City license, permit, vehicle registration, or other authorization to operate a bicycle or pedalcycle with electric assist.
(c) Nothing in this Section shall be construed to alter the rights or obligations of any person under the Pennsylvania Vehicle Code or Title 12 of this Code.
(2) Registry Contents.
(a) Each third-party food delivery service shall maintain a registry of all covered delivery Workers who accept or perform deliveries in the City through, or on behalf of, such third-party food delivery service.
(b) The registry shall include, for each covered delivery worker:
(.1) the covered delivery worker’s full legal name;
(.2) a unique identification number assigned by the third-party food delivery service;
(.3) the covered delivery worker’s photograph;
(.4) the date on which the covered delivery worker was first authorized to accept or perform deliveries in the City;
(.5) whether the covered delivery worker uses a bicycle, a pedalcycle with electric assist, or both;
(.6) an attestation by the covered delivery worker that, if the covered delivery worker uses a pedalcycle with electric assist, the covered delivery worker is at least sixteen years of
age;
(.7) an attestation by the covered delivery worker that any pedalcycle with electric assist used by the covered delivery worker satisfies the definition of pedalcycle with electric
assist under the Pennsylvania Vehicle Code;
(.8) the date on which the covered delivery worker received the materials required by subsection (4); and
(.9) such other information as the Department may require by regulation, provided that the Department shall not require information unrelated to the administration or enforcement of this Section.
(3) Information and Training Materials.
(a) Before permitting a covered delivery worker to accept or perform deliveries in the City, a third-party food delivery service shall provide such worker with information, in a form approved by the Department, concerning:
(.1) applicable traffic laws governing bicycles and pedalcycles with electric assist;
(.2) safe operation of bicycles and pedalcycles with electric assist;
(.3) rules governing sidewalk riding, bicycle lanes, stopping, standing, loading, and parking;
(.4) applicable rules governing lights, brakes, reflectors, bells, or other safety
equipment;
(.5) the minimum age required under Pennsylvania law to operate a pedalcycle with electric assist; and
(.6) the third-party food delivery service’s process for receiving and responding to complaints or safety concerns.
(b) The Department may prepare standard information or training materials to satisfy this subsection. Use of Department-prepared materials shall constitute compliance with this subsection.
(4) Duty to Update Registry.
(a) A third-party food delivery service shall update its registry no later than ten (10) business days after:
(.1) authorizing a new covered delivery worker to accept or perform deliveries in the City;
(.2) learning that information contained in the registry is materially inaccurate; or
(.3) deactivating or otherwise terminating a covered delivery worker’s authorization to accept or perform deliveries in the City.
(b) A third-party food delivery service shall retain registry records for at least two (2) years after the date on which the covered delivery worker last accepted or performed a delivery in the City through, or on behalf of, such third-party food delivery service.
(5) Sidewalk delivery fee.
Each third-party food delivery service shall pay $1000 per delivery or transport of any goods and food delivered by autonomous delivery units that perform deliveries in the City through, or on behalf of, such third-party food delivery service using the sidewalk .
(6) Records Available Upon Request.
(a) Upon request by the Department, a third-party food delivery service shall make registry records required by this Section available for inspection or production for purposes of administering or enforcing this Section.
(b) The Department shall not publicly disclose personally identifying registry information except to the extent required by law.
(7) Regulations.
(a) The Department is authorized to promulgate such regulations as are necessary for the implementation, administration, and enforcement of this Section.
(b) Such regulations may establish the form and manner of registry maintenance, annual reporting, complaint intake, record production, and compliance certification.
(c) Such regulations shall not require registration of bicycles or pedalcycles with electric assist as vehicles and shall not impose equipment, manufacturing, licensing, or operating requirements that conflict with the Pennsylvania Vehicle Code.
(8) Penalties.
(a) A violation of this Section shall be a Class III offense under Section 1-109.
(b) Each covered delivery worker permitted, authorized, enabled, or dispatched by a third-party food delivery service in violation of subsection (1) shall constitute a separate violation.
(c) Each failure to maintain, update, report, or produce records as required by this Section shall constitute a separate violation.
(d) A violaion of Section 5 shall cause the suspension of the third-party food delivery service commercial activities license.
(e) The remedies and penalties provided under this Section are cumulative and shall not preclude the City from seeking any other relief available at law or in equity.
SECTION 2. This Ordinance shall take effect one hundred twenty (120) days after it becomes law.
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Explanation:
Italics indicate new matter added.
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