S 1193 — Bans unauthorized restaurant reservation arrangement by third-party reservation service.*

S1193 S1197 SCS SENATE COMMITTEE SUBSTITUTE FOR SENATE, No.Nos.

1193 and 1197 STATE OF NEW JERSEY 222nd LEGISLATURE   PRE-FILEDADOPTED FORMARCH INTRODUCTION16, IN THE 2026 SESSION     Sponsored by:

SenatorSenator  KRISTIN M.

CORRADO District 40 (Bergen, Essex and Passaic) SenatorSenator  JOSEPH A.

SenatorSenators Gopal and Polistina         SYNOPSIS      ProhibitsBans third-partyunauthorized restaurant reservation servicearrangement fromby arrangingthird-party unauthorized restaurant reservation withservice. food service establishment.

  CURRENT VERSION OF TEXT      IntroducedSubstitute Pendingas Technicaladopted Review by Legislativethe Counsel.Senate Commerce Committee.

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

       1.    a.        a.  As used in this act:

      “Food“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.

     b.    A third-party restaurant reservation service shall not list, 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.     Any(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 $1,000$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.   (2)   ThisAny actperson shallcharged takefees effectby ona thethird-party firstrestaurant dayreservation service that with respect to a reservation advertised, listed, promoted, or sold in violation of thethis thirdact, monthor nextfood followingservice theestablishment datewhich a third-party restaurant reservation service listed, advertised, promoted, or sold a reservation in violation of enactment.this act, may bring a civil action in the Superior Court for:

STATEMENT        This(a) billinjunctive prohibitsrelief a third-party restaurant reservation service from listing, advertising, promoting, or selling reservations for a food service establishment without a written agreement between the third-party restaurant reservation service and the food service establishment.  The bill defines “food service establishment” to meanrestrain a place where food is provided for individual portion service directly to the consumer whether that food is provided free of charge or sold,enjoin and whether consumption occurs on or off the premises or is provided from a pushcart, stand, or vehicle.  Under the bill, “third-party restaurant reservation service” means any website,activity mobilein application,violation orof otherthis internetact; service that:

offers     or(b)   arrangesin forthe reservingcase on-premisesof a person, actual damages not to exceed the total fees collected by the third-party restaurant reservation service forin aviolation customerof atthis act or, in the case of a food service establishment;establishment, actual damages as a result of reservations made by the third-party reservation service that remained unfilled;

and     that(c)   isattorney's ownedfees and operatedcosts; by a person other than the person who owns the food service establishment.

and      The(d)   bill provides that any personother whoremedy violatesas its provisions is subject to a civil penalty that will not exceed $1,000 for each violation, and that a violation by a third-party restaurant reservation service under the billcourt willmay accruedeem onappropriate. a daily basis for each day and for each food service establishment with respect to which a violation of the bill was committed.

     This(3)   billAny mirrorsaction legislationalleging enacted by New York and introduced in Illinois prohibiting a third-partyviolation restaurantof reservationthis serviceact fromshall listing,be advertising,brought promoting,within orone sellingyear reservationsafter for a food service establishment without a written agreement between the third-partyalleged restaurantviolation reservationof servicethis andact theoccurs. food service establishment.

       2.    This act shall take effect immediately.