Restaurants Using Delivery Apps
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Does your restaurant use an app to take customer orders for delivery or pickup?
Know your rights and responsibilities under new NYC Laws.
NYC’s Third-Party Food Delivery Service Laws have a licensing requirement for apps and protections for the restaurants that use them. Restaurants have new requirements, as well.
YOUR RIGHTS starting January 24, 2022:
- Apps must have a written agreement with your restaurant to list it on the app.
Agreements entered after January 24, 2022 must include bathroom access for food delivery workers. See responsibilities section below.
- Apps cannot charge your restaurant more than the fee caps.
- Delivery fees are capped at 15% of the purchase price of each online order;
- Transaction fees are capped at 3% of the purchase prices of each online order, with limited exceptions; and
- All other fees are capped at a total of 5% of each online order.
- Apps that list or link to a phone number for your restaurant must include your direct phone number.
- Apps must make clear to customers that any additional listed phone number is for the app and confirm any fees to use numbers to place orders.
- Apps cannot charge your restaurant for phone orders that do not end with a sale.
- In some cases, apps must give your restaurant customer data if you request it.
YOUR RESPONSIBILITIES starting January 24, 2022:
- Restaurants must comply with agreements to provide bathroom access to food delivery workers when they pick up orders for delivery. Limited exceptions for health or safety reasons.
- Restaurants must let customers withdraw consent to use data shared by apps and delete it on request.
- Restaurants cannot sell, rent, or disclose customer data without customer consent.
Beginning January 24, 2022, restaurants can file a complaint about apps that are unlicensed or that violate your restaurant rights. To file a complaint, email email@example.com.
For more information, contact the Department of Consumer and Worker Protection (DCWP):
- Call 311 and ask for "Delivery Worker or Employer Assistance"
This page is provided for informational purposes only, is not exhaustive, and does not constitute legal advice. New York City businesses must comply with all relevant federal, State, and City laws and rules. Businesses are responsible for knowing and complying with current regulations that affect their business.