Third-Party Food Delivery Services

RCNY tit. 6, ch. 2, subch. KK

in effect

6 RCNY § 2-461 License Application Requirements.

§ 2-461 License Application Requirements. (a) Third-party food delivery service licenses expire on August 31st in odd numbered years. (b) An application for a third-party food delivery service license must include the Department's basic license application, the third-party food delivery service license application supplement, and any other documents and information requested by the Department. (c) Pursuant to § 20-113 of the Administrative Code, a separate third-party food delivery service license is required for each trade name that a person uses to conduct the business of a third-party food delivery service. A third-party food delivery service license applicant must submit a separate license application for each trade name it will use to conduct the business of a third-party food delivery service. (d) A licensee or applicant must notify the Department in writing of any change to the list of websites, mobile applications, third-party food delivery platforms, uniform resource locators, or operating systems provided in the licensee's or applicant's basic license application or third-party food delivery service license application supplement within 10 days of the change. (e) “Offers or arranges”, as used in the definition of “third-party food delivery service” in § 20-563 of the Administrative Code, includes, but is not limited to, the operation of a consumer-facing online or mobile platform or service on which the consumer can order food and beverages without leaving such platform or service, including when such platform or service uses an application programming interface with any food service establishment, where such online or mobile platform or service excludes any food service establishment from participation in such consumer-facing online or mobile platform or service unless such food service establishment pays a fee of any kind for any type of services. (Added City Record 1/19/2022, eff. 2/18/2022; amended City Record 3/27/2024, eff. 4/26/2024)

6 RCNY § 2-462 Records.

§ 2-462 Records. (a) (1) Pursuant to subdivision (a)(4) of § 20-563.8 of the Administrative Code, every third-party food delivery service must maintain records sufficient to document the full ownership of such third-party food delivery service. Such records must be maintained in an electronic format for a period of at least 3 years. (2) Every third-party food delivery service must maintain records sufficient to demonstrate compliance with the requirements set forth in subdivision (b) of § 20-563.2 of the Administrative Code. Such records must be maintained in an electronic format for a period of at least 3 years. (3) Every third-party food delivery service must maintain records sufficient to document all customer requests not to share the customer's data with a food service establishment pursuant to subdivision (b) of § 20-563.7 of the Administrative Code. Such records must be maintained in an electronic format for a period of at least 3 years. (b) (1) A request or subpoena for information or records from the Department must be served on a third-party food delivery service in writing in person, via mail, or via email. A third-party delivery service must respond to a written request or subpoena for information or records from the Department by providing to the Department true, accurate, and contemporaneously made electronic records or information within 30 days of the date that the request is received and in the formats and layouts prescribed by the Department in such request or subpoena. (2) A deadline of more than 30 days may be agreed to on consent by the Department and the third-party food delivery service. (3) The Department may issue a summons to a third-party food delivery service who fails to provide true and accurate electronic records or information by the deadline provided in the written request or subpoena or the deadline agreed to by the parties, provided that the monetary penalties authorized by § 20-563.10 of the Administrative Code for a violation of § 20-563.8 of the Administrative Code shall not apply while such written request or subpoena is the subject of a pending proceeding. (c) A third-party delivery service's failure to maintain, retain, or produce a record that is required by law or rule to be maintained that is relevant to a material fact alleged by the Department in a summons, petition, or other notice of hearing creates a reasonable inference that such fact is true. (Added City Record 1/19/2022, eff. 2/18/2022)

6 RCNY § 2-463 Gratuities for Food Delivery Workers

§ 2-463 Gratuities for Food Delivery Workers The disclosure required by subdivision (b) of § 20-563.2 of the Administrative Code must be made: (a) directly adjacent to the gratuity solicitation; or (b) accessible via a link placed directly adjacent to the gratuity solicitation if such link is labeled with plain language to describe its contents. (Added City Record 1/19/2022, eff. 2/18/2022)

6 RCNY § 2-464 Telephone Number Listings.

§ 2-464 Telephone Number Listings. A listing or link for a third-party telephone number permitted by subdivision (a) of § 20-563.5 of the Administrative Code and the disclosures required by such subdivision for a third-party telephone number must appear directly adjacent to the direct telephone number for the food service establishment. (Added City Record 1/19/2022, eff. 2/18/2022)

6 RCNY § 2-465 Sharing Customer Data.

§ 2-465 Sharing Customer Data. (a) To comply with subdivision (b) of § 20-563.7 of the Administrative Code, every third-party food delivery service must, for every prospective order, provide the following disclosure in a clear and conspicuous manner: "To process orders, (name of third-party food delivery service) collects customer data, which includes your name, telephone number, email address, delivery address, and what you ordered from the restaurant. As required by New York City law, if the restaurant requests it, (name of third-party food delivery service) will share your customer data concerning this order with the restaurant unless you opt out of sharing your data." (b) A hyperlink, fillable form, or other means for a customer to opt out of sharing data must be made available directly adjacent to the disclosure required by this section. (c) Every third-party food delivery service must provide for what is required by this section prior to the customer completing a prospective order and on the same page of its website, mobile application, or other platform where the customer is completing such prospective order. (Added City Record 1/19/2022, eff. 2/18/2022)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-132945Fetched: 10/24/2026