THIRD PARTY DELIVERY SERVICES ON RETAIL FOOD ESTABLISHMENTS

Indianapolis-Marion County Revised Code tit. IV, ch. 812

in effect

Indianapolis-Marion County Revised Code § 812-101 Purpose and application.

Sec. 812-101. - Purpose and application. This chapter is adopted for the purpose of establishing a temporary limit on the charges and fees imposed by third-party delivery services on retail food establishments during public health emergencies and preventing those charges from being borne by customers and drivers for third-party delivery services. This chapter shall not be construed or interpreted to interfere with or impair any contracts between retail food establishments and third-party food delivery services that exist as of the effective date of this chapter. This chapter applies to all contracts that begin on or after the effective date of this chapter and any renewals or extensions of contracts when those renewals or extensions occur during the effective period of this chapter, even if the extension or renewal is on the same terms as or authorized by the original contracts. This chapter shall be in effect only when a Marion County Public Health Order or applicable state mandate limits the capacity of indoor dining and for up to ninety (90) days after the expiration or rescission of all local or state restrictions limiting indoor dining capacity. (G.O. 10, 2021, § 1)

Indianapolis-Marion County Revised Code § 812-102 Definitions.

Sec. 812-102. - Definitions. As used in this chapter, the following terms shall have the meanings ascribed to them in this section: Delivery fee means a fee charged by a third-party food delivery service for providing a retail food establishment with a service that delivers food from such establishment to customers. The term does not include any other fee that may be charged by a third-party food delivery service to a retail food establishment, such as fees for listing or advertising the retail food establishment on the third-party food delivery service platform or fees related to processing the online order, including, but not limited to, service fees, fees for facilitating online orders for pick-up, and credit card processing fees. Online order means an order placed by a customer through or with the assistance of a platform provided by a third-party food delivery service, including a telephone order, for delivery or pick-up within the city. Purchase price means the price, as listed on the menu, for the items contained in an online order, minus any applicable coupon or promotional discount provided to the customer by the retail food establishment through the third-party food delivery service. This definition does not include taxes, gratuities, and any other fees or costs that may make up the total amount charged to the customer of an online order. Retail food establishment shall have the meaning ascribed thereto in Indiana Administrative Code under 410 IAC 7-24-79, including but not limited to a restaurant, a catering operation, a grocery store, a tavern, or a food bank. Third-party food delivery service means any website, mobile application, or other internet service that offers or arranges for the sale of food and beverages prepared by, and the delivery or pick-up of food and beverages from, no fewer than twenty (20) retail food establishments located in the consolidate city-county that are each owned and operated by different persons. (G.O. 10, 2021, § 1)

Indianapolis-Marion County Revised Code § 812-103 Prohibited actions.

Sec. 812-103. - Prohibited actions. It shall be unlawful for a third-party food delivery service to: (1) Charge a retail food establishment a delivery fee that totals more than fifteen (15) percent of the purchase price of each online order on an individual or cumulative basis; (2) Charge a retail food establishment any fee or fees other than a delivery fee for the use of their service greater than five (5) percent of the purchase price of each online order. Any fees from a third-party food delivery service to a retail food establishment beyond such maximum five (5) percent, and a delivery fee collected pursuant to subdivision (1) of this section are unlawful; (3) Charge a customer any price for a food or beverage item that is higher than the purchase price; or (4) Reduce the compensation rates paid to the third-party delivery service drivers or to garnish gratuities, as a result of any fee limitations instituted by this section. (G.O. 10, 2021, § 1)

Indianapolis-Marion County Revised Code § 812-104 Enforcement and penalties.

Sec. 812-104. - Enforcement and penalties. (a) This chapter shall be enforced by the department of business and neighborhood services or its designee. (b) A third-party food delivery service which fails to comply with the provisions of this chapter shall be subject to admission of violation and payment of the designated civil penalty as provided in chapter 103-52 of this Code. (c) Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation. (d) Violations under this subchapter shall accrue daily for each day and for each retail food establishment charged a fee in violation of the subchapter of any rule promulgated pursuant to this subchapter. (G.O. 10, 2021, § 1)

Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIVBUCORELI_CH812THPADESEREFOESFetched: 10/27/2026