We Want Your Feedback on the City’s Fee Caps

Attention: Restaurants, Delivery Apps, Delivery Workers, and Consumers

We Want Your Feedback on the City’s Fee Caps

The Department of Consumer and Worker Protection (DCWP) enforces NYC’s Third-Party Food Delivery Service Laws, which cap the fees that third-party apps (delivery apps) can charge restaurants. Fee cap amounts are:

15% to deliver the order
5% to provide service other than delivery and payment processing
3%* to process electronic payment
*Only exception is if an app pays more than 3% and can show proof.

The laws require DCWP to issue a report on the fee caps.

To inform our recommendations, we want to learn from you.

How You Can Help

See questions for restaurants, delivery apps, delivery workers, and consumers below.
Please email RuleComments@dcwp.nyc.gov by Friday, May 26, 2023 with your responses and any other comments about your experience.

Thank you!

Are you a Restaurant?

If you use an app to take customer orders for delivery or pickup, we want to know:

How have app fees affected your business?
Have apps refused service because of the fee caps?
Have apps charged more than the fee caps?
Do apps charge per order using a flat fee or some other method?
What percentage of an order’s purchase price do you typically pay an app?
Do you make a profit from online orders from apps?
Do you use apps for services other than delivery? If yes, what fees do you pay for other services?
Is using an app necessary to compete for customers?
Have you tried to reduce using apps to reduce the fees you pay them?
Have you declined to use an app because the fees are too high?
Are the fee caps too high, too low, or about right?

Are you a Delivery App?

If you operate any website, mobile application, or other internet service that offers or arranges for the sale and same-day delivery or pickup of food and beverages from an NYC restaurant you do not own, we want to know:

How have the fee caps affected your business?
Do the fee caps affect how much you pay workers or your policies on working conditions?
Do the fee caps affect the services you offer restaurants for listing, processing, or marketing them?
Do you charge all restaurants the same fees or does your fee structure differ depending on the restaurant?
Do you charge restaurants per order using a flat fee or some other method?
Have you passed costs to consumers because of the fee caps?
Have you ever declined service to a restaurant because the fees you’d get would be too low?
Are the fee caps too high, too low, or about right?

Are you a Delivery Worker?

If you do restaurant deliveries for an app, we want to know:

Do the fee caps affect your wages or working conditions?
Have the fee caps impacted you in any other way?
Are the fee caps too high, too low, or about right?

Are you a Consumer?

If you use a third-party app to order food and beverages from an NYC restaurant for delivery, we want to know:

Have you seen any information about fee caps when using an app?
Do app fees affect how much you tip the delivery worker?
Do app fees affect if you order online or call a restaurant directly?
Are the fee caps too high, too low, or about right?