Title
Amending Title 9 of The Philadelphia Code to create a new Chapter 9-5000, entitled "Food Delivery Services," to regulate third-party food delivery services, require certain disclosures to consumers, and provide for a limitation on certain fees charged to consumers; all under certain terms and conditions.
Body
WHEREAS, the COVID-19 pandemic has required restaurants to suspend dine-in services and offer only pickup and delivery;
WHEREAS, many restaurants now find themselves wholly reliant on third-party food delivery services to stay in business; now, therefore
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Title 9 of the Philadelphia Code is hereby amended to read as follows:
TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS
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CHAPTER 9-5000. FOOD DELIVERY SERVICES
? 9-5001. Definitions.
(1) Food service establishment. A food service establishment as that term is defined by ? 6-102(19.1).
(2) Likeness. Identifiable symbols attributed and easily identified as belonging to a food service establishment.
(3) Delivery fee. A fee charged by a third-party food delivery service for providing a food service 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 delivery service 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 th...
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