Title
Amending Chapter 9-5100 of The Philadelphia Code, entitled "Food Delivery Services," to modify the limitation on fees charged to food service establishments; all under certain terms and conditions.
Body
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
* * *
? 9-5104. Fees [During Public Health Emergencies].
(1) Unless a food service establishment opts for a higher fee consistent with the provisions of subsection (2), below, [It] it shall be unlawful for a third-party food delivery [services] service to charge a food service [establishments] establishment
(a) a delivery fee per online order for the use of their services that totals more than ten percent (10%) of the purchase price of each online order.
[(2) It shall be unlawful for third-party food delivery services to charge food service establishments]
(b) any fee or fees other than a delivery fee for the use of their service greater than five percent (5%) of the purchase price of each online order.
(2) Opt-out provision. A food service establishment may opt out of the limit on fees provided in subsection (1) and enter into an agreement with a third-party food delivery service which provides for higher fees if the delivery service meets all the following requirements:
(a) The delivery service provides the food service establishment at least one option for delivery and marketing service by the delivery service that meets the fee limitations provided in subsection (1) that, upon thirty (30) days notice to the delivery service, the food service establishment may revert back to;
(b) The higher fees are charged for additional services beyond those that the third-party food delivery service provides for basic delivery and marketing; and
(c) The delivery service does not refuse ...
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