A 3318 — Bans unauthorized restaurant reservation arrangement by third-party reservation service.

2026, c.012 (A3318 1R) §1CHAPTER C.56:8-226.112   P.L.An Act concerning restaurant reservations and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).

2026, CHAPTER 12, approved May 7, 2026 Assembly, No.

3318 (First Reprint)     An Act concerning restaurant reservations and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).

      C.56:8-226.1  1[1.Third-party restaurant reservation service, written agreement required.

a.      As1. used in this act:

    a.  “Food service establishment” means a place where food is provided for individual portion service directly to the consumer whether that food is provided free of charge or sold, and whether consumption occurs on or off the premises or is provided from a pushcart, stand, or vehicle.

    As “Third-partyused restaurantin reservationthis service”act: means any website, mobile application, or other internet service that:

offers     or“Food arrangesservice establishment” means a place where food is provided for reservingindividual on-premisesportion service fordirectly ato customerthe atconsumer, awhether that food serviceis establishment;provided free of charge or sold and whether consumption occurs on or off the premises or is provided from a pushcart, stand, or vehicle.

     “Third-party restaurant reservation service” means any website, mobile application, or other Internet service that offers or arranges for reserving on-premises service for a customer at a food service establishment and that is owned and operated by a person other than the person who owns the food service establishment.  A third-party restaurant reservation service shall not include any reservation distribution channels that are authorized to distribute reservations by way of a contractual relationship with either the applicable food service establishment or a contractual designee of the food service establishment who obtained reservation distribution rights directly from the food service establishment.

     c.    c. (1) Any person who violates, or causes another person to violate, a provision of this act, shall be subject to a civil penalty that shall not exceed $500 for each violation, to be collected in a civil action by a summary proceeding under the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).  A violation by a person under this act shall accrue on a daily basis for each day and for each food service establishment with respect to which a violation of this act was committed.  The Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.

    (1) (2) Any person chargedwho feesviolates, byor causes another person to violate, a third-partyprovision restaurantof reservationthis serviceact thatshall withbe respectsubject to a reservationcivil advertised,penalty listed,that promoted,shall ornot soldexceed $500 for each violation, to be collected in violationa civil action by a summary proceeding under the “Penalty Enforcement Law of this1999,” act,P.L.1999, orc.274 food(C.2A:58-10 serviceet establishmentseq.).  whichA aviolation third-partyby restauranta reservationperson serviceunder listed,this advertised,act promoted,shall oraccrue soldon a reservationdaily inbasis for each day and for each food service establishment with respect to which a violation of this act,act maywas bringcommitted.  aThe civilSuperior actionCourt inshall have jurisdiction of proceedings for the Superiorenforcement Courtof for:the penalty provided by this section.

     (2)   Any person charged fees by a third-party restaurant reservation service that, with respect to a reservation, advertised, listed, promoted, or sold in violation of this act, or food service establishment for which a third-party restaurant reservation service listed, advertised, promoted, or sold a reservation in violation of this act, may bring a civil action in the Superior Court for:

     (b) in the case of a person, actual damages not to exceed the total fees collected by the third-party restaurant reservation service in violation of this act;act or, in the case of a food service establishment, actual damages as a result of reservations made by the third-party reservation service that remained unfilled;

     (c) attorney's fees and costs;

and      (d) any other remedy as the court may deem appropriate.

     (3) Any action alleging a violation of this act shall be brought within one year after the alleged violation of this act occurs.]1        11.   a.  As used in this act:

     “Food service establishment” means a place where food is provided for individual portion service directly to the consumer whether that food is provided free of charge or sold, and whether consumption occurs on or off the premises or is provided from a pushcart, stand, or vehicle.

     “Third-party restaurant reservation service” means any website, mobile application, or other internet service that:

offers or arranges for reserving on-premises service for a customer at a food service establishment;

and that is owned and operated by a person other than the person who owns the food service establishment.  A third-party restaurant reservation service shall not include any reservation distribution channels that are authorized to distribute reservations by way of a contractual relationship with either the applicable food service establishment or a contractual designee of the food service establishment who obtained reservation distribution rights directly from the food service establishment.

     b.    A third-party restaurant reservation service shall not advertise, list, promote, or sell reservations for a food service establishment through the website, mobile application, or other platform of the third-party restaurant reservation service without a written agreement between the third-party restaurant reservation service and the food service establishment to include reservations at the food service establishment on the website, mobile application, or other platform of the third-party restaurant reservation service.

     c.     (1)  Any person who violates, or causes another person to violate, a provision of this act, shall be subject to a civil penalty that shall not exceed $500 for each violation, to be collected in a civil action by a summary proceeding under the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).  A violation by a person under this act shall accrue on a daily basis for each day and for each food service establishment with respect to which a violation of this act was committed.  The Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.

     (2)   Any person charged fees by a third-party restaurant reservation service that with respect to a reservation advertised, listed, promoted, or sold in violation of this act, or food service establishment which a third-party restaurant reservation service listed, advertised, promoted, or sold a reservation in violation of this act, may bring a civil action in the Superior Court for:

     (a) injunctive relief to restrain or enjoin any activity in violation of this act;

     (b)   in the case of a person, actual damages not to exceed the total fees collected by the third-party restaurant reservation service in violation of this act or, in the case of a food service establishment, actual damages as a result of reservations made by the third-party reservation service that remained unfilled;

     (3)   Any action alleging a violation of this act shall be brought within one year after the alleged violation of this act occurs.1occurs.        2.    This act shall take effect 1[on the first day of the third month next following the date of enactment] immediately1.

                                            Bans2.    unauthorizedThis restaurantact reservationshall arrangementtake byeffect third-partyimmediately. reservation service.

       Approved May 7, 2026.