2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 6A - Third-party Food Delivery › § 48–652. Restrictions on third-party meal delivery services

§ 48–652. Restrictions on third-party meal delivery services.
*NOTE: This section includes amendments by temporary legislation that will expire on March 29, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
(a) A third-party meal delivery service shall not arrange for the delivery of an order from a restaurant without first obtaining an agreement with the restaurant expressly authorizing the third-party meal delivery service to collect meal orders and deliver meals prepared by the restaurant.
(b) An agreement shall not include any provision, clause, or covenant that requires a restaurant to indemnify a third-party meal delivery service, any independent contractor acting on behalf of the third-party meal delivery service, or any registered agent of the third-party meal delivery service for any damages or harm that may occur after the restaurant's product leaves the restaurant.
(c)(1) A third-party meal delivery service shall not advertise or otherwise market a telephone number, website, or application software featuring or marketing a restaurant without an agreement.
(2) Upon expiration or termination of an agreement, the third-party meal delivery service shall transfer and assign any telephone number and URL for a website used exclusively to advertise or market the restaurant to the restaurant for the restaurant's use.
(d) A third-party meal delivery service that does not have an agreement shall not use the name, likeness, trademark, or intellectual property of a restaurant on its platform.
(e) A third party meal delivery service shall not exclude any restaurant with whom the third-party meal delivery service has an agreement from a customer within 4 miles of a restaurant.
(f) A third-party meal delivery service shall not reduce the delivery radius of a covered restaurant below 4 miles, based on the level or percentage of commissions paid.
(g) A third-party meal delivery service shall not reduce the availability of delivery drivers provided to a covered restaurant, based on the level or percentage of commissions paid; provided, that this subsection shall not be construed to restrict a third-party meal delivery service's ability to use any method (that does not conflict with the restrictions in this subsection or any other applicable law) to offer expedited or priority driver services to a covered restaurant that pays for such services on a third-party meal delivery platform.
(Mar. 10, 2023, D.C. Law 24-292, § 3, 70 DCR 898; Aug. 17, 2023, D.C. Law 25-38, § 2(c), 70 DCR 9412.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(c) of Food Delivery Fees Transparency Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-199, July 26, 2023, 70 DCR 10748).
For temporary (90 days) amendment of this section, see § 2(c) of Food Delivery Fees Transparency Emergency Amendment Act of 2023 (D.C. Act 25-108, May 24, 2023, 70 DCR 7927).
For temporary (90 days) creation of this section, see § 2 of Fair Meals Delivery Emergency Act of 2022 (D.C. Act 24-591, Oct. 25, 2022, 0 DCR 0).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2(c) of Food Delivery Fees Transparency Temporary Amendment Act of 2023 (D.C. Law 25-38, Aug. 17, 2023, 70 DCR 9412).