PR 25-0172 — Food Delivery Fees Transparency Emergency Declaration of 2023

_____________________________ENROLLED CouncilmemberORIGINAL Charles Allen 4 6 A PROPOSED RESOLUTION 925-132 _________________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA ______________May 2, 2023 To declare the existence of an emergency with respect to the need to amend the Fair Meals Delivery Act of 2022 to prohibit a third-party meal delivery service from excluding any restaurant with whom the third-party meal delivery service has an agreement from a customer within 4 miles of a restaurant, to restrict third-party meal delivery services from reducing a restaurant’s placementdelivery withinradius abelow given4 listmiles based on the level or percentage of restaurantscommissions onpaid, ato restrict third-party foodmeal delivery platformservices from limiting driver availability based on the level or percentage of commissions paid, to require third-party meal delivery services to disclose, in plain language, all fees, commissions, and charges related to contracted services for covered restaurants, and to make other clarifying changes.

ENROLLED ORIGINAL (d) Restaurants that remain at the lower 15% commission fee level will face a shrunken customer base and smaller delivery area because they will not be as visible on the platform.

(e) Action must be taken to ensure that local restaurants and neighborhood businesses are not burdened with excessive fees or certain mileage restrictions by third-party meal delivery services so they can continue to recover to pre-pandemic market conditions and to ensure these third-party meal delivery services comply with the original intent and spirit of the Act.

The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Food Delivery Fees Transparency Emergency Amendment Act of 2023 be adopted after a single reading.