NYC laws include licensing requirements for 3rd party delivery apps and protections for restaurants that use them. If you are a restaurant owner that uses delivery apps, you should know your rights & responsibilities.
Your Rights:
- To list your restaurant, Apps must have a written agreement with your restaurant on the app.
***Any Agreements made after January 24, 2022, must include bathroom access for food delivery workers - Apps cannot charge your restaurant more than the fee caps.
- Delivery fees – capped at 15% of purchase price
- Transaction fees – capped at 3% of purchase prices
- All other fees – capped at a total of 5% of each online order
*** Find detailed info on fee caps here
- Apps that list or link to your restaurant phone number must include the direct phone number.
- Apps must make clear to customers that additional phone number listed is for the app and confirm any fees to use numbers to place orders.
- Apps cannot charge you for phone orders that do not end with a sale.
- In some cases, apps must give your restaurant customer data if you request it.
Your Responsibilities:
- Restaurants must provide bathroom access to food delivery workers as stated in their agreements.
- Restaurants must allow customers to withdraw consent to use data shared by apps and delete it on request.
- Without customer consent, restaurants cannot sell, rent, or disclose customer data
- Beginning January 24, 2022, restaurants can file a complaint about apps that are unlicensed or that violate their rights .
***For up-to-date information continue to monitor this page
