Amendment #3 to H4767

Delivery Fees

Mr. Cusack of Braintree moves to amend the bill in section 7, in line 136, by inserting after the definition of “customer” the following:-

"“Delivery fee,” a fee charged by a third-party delivery service for providing a covered 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 delivery service to a covered establishment, such as fees for listing or advertising the covered establishment on the third-party delivery service platform or fees related to processing the online order."

And further moves to amend the bill in section 7, in lines 151-155, by striking out subsection (b), and by inserting in place thereof the following subsection:-

"(b) Notwithstanding any general or special law to the contrary, no third-party delivery service company, from the effective date of this act and for a period of 45 days after the termination of the COVID-19 emergency, shall charge a covered establishment a delivery fee per online order for the use of its services and fees other than a delivery fee that totals more than 15 per cent of the purchase price of the online order in the aggregate; provided, however, that no third-party delivery service company shall charge a covered establishment any fee or fees other than a delivery fee for the use of their services greater than 5 per cent of the purchase price of such online order."

Additional co-sponsor(s) added to Amendment #3 to H4767

Delivery Fees