§ 48–652. Restrictions on third-party meals delivery platforms.

*NOTE: This section includes amendments by emergency legislation that will expire on June 23, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Past Permanent Version.*

(a) A third-party meal delivery platform shall not arrange for the delivery of an order from a restaurant without first obtaining an agreement with the restaurant expressly authorizing the third-party meal delivery platform to collect meal orders and deliver meals prepared by the restaurant.

(b) An agreement shall not include any provision, clause, or covenant that requires a restaurant to indemnify a third-party meal delivery platform, any independent contractor acting on behalf of the third-party meal delivery platform, or any registered agent of the third-party meal delivery service for any damages or harm that may occur after the restaurant's product leaves the restaurant.

(c)(1) A third-party meal delivery platform shall not advertise or otherwise market a telephone number, website, or application software featuring or marketing a restaurant without an agreement.

(2) Upon expiration or termination of an agreement, the third-party meal delivery platform shall transfer and assign any telephone number and URL for a website used exclusively to advertise or market the restaurant to the restaurant for the restaurant's use.

(d) A third-party meal delivery platform that does not have an agreement shall not use the name, likeness, trademark, or intellectual property of a restaurant on its platform.

(e) A third-party meal delivery platform shall not exclude any restaurant with whom the third-party meal delivery platform has an agreement from the relevant search results of a customer within 4 miles of a restaurant.

(f)(1) A third-party meal delivery platform shall not reduce the delivery radius of any restaurant below 4 miles, based on the level or percentage of commissions paid.

(2) Nothing in this subsection shall prohibit a third-party meal delivery platform from offering a larger delivery radius for a fee.

(g) A third-party meal delivery platform shall not reduce the number of food delivery workers available to deliver an online order from a restaurant with whom the third-party meal delivery platform has an agreement based solely on the level or percentage of commissions paid. Nothing in this subsection shall prohibit a third-party meal delivery platform from offering priority delivery services for a fee.