§ 76-501 — Definitions

Sec. 76-501. - Definitions.

Base wage means any money paid, whether by the hour or otherwise, to a delivery provider by a third-party delivery service, in exchange for work performed, but not including gratuities, bonuses, allowances, shift differentials, or any other monetary payments that may contribute to a delivery provider's total compensation. Covered establishment means any retail food or beverage establishment owned by a person or entity with fewer than ten food or beverage establishments in the state that offers a single commercial transaction over the internet for the sale and same-day delivery of food and beverage items to customers from a location within the city. Delivery fee means any and all fees or commissions charged for the delivery of food or beverages from a covered establishment by a third-party delivery service, including but not limited to: advertising, promotions, delivery, sales processing, and/or credit card processing. Delivery provider means a person engaged by a third-party delivery service or covered establishment to deliver online orders. Director means the director of the neighborhoods and housing services department or the director's authorized representative. Gratuity means a sum of money, paid voluntarily by a customer, when or after placing an online order that is in addition to the price of such goods and other charges such as taxes and fees, where such voluntary sum is paid through website, mobile application, or similar platform that allows the customer to choose the amount of the voluntary sum and that refers to the sum as a gratuity or tip, or by another, similar name that would suggest to a reasonable person that the sum, or a substantial portion thereof, would be received by the delivery provider in addition to their base wage. Purchase price means the menu price of a food, beverages or goods ordered from a covered establishment, excluding taxes, gratuities and any other fees that may make up the total cost of a customer's online order. Responsible party means a person who has authority to act on behalf of or manage the day to day operations of a third-party delivery service. Third-party delivery service means any website, mobile application, or similar platform that offers or arranges for the sale of food or beverages and same day delivery or same day pickup from no fewer than 20 separately owned and operated covered establishments.

(Ord. No. 210054, § 1, 2-4-21)