In this subtitle, the following terms have the meanings indicated. “Delivery fee” means a fee charged by a third-party food delivery service for providing a food service facility with a service that delivers food and beverages from the food service facility to customers. “Delivery fee” does not include any other fee or cost that may be charged by a third-party food delivery service to a food service facility, such as fees for listing or advertising the food service facility on the third-party food delivery service platform or fees related to processing the online order. “Director” means the director of the Department of Finance or the Director’s designee. “Food service facility” has the meaning stated in City Code Health Article, § 6-101(d) {“Definitions: Food service facility”}. “Food service facility” does not include any food service facility that operates within a group of businesses that:has 10 or more locations within Baltimore City; and operate under a common business name. “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 of the food service facility, for the items contained in an online order, minus any applicable coupon or promotional discount provided to the customer by the food service facility through the third-party food delivery service. “Purchase price” 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. “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 5 food service facilities located in the City that are each owned and operated by different persons. Ord. 21-001

For the Code-wide standard uses of mandatory terms (“must” and “shall”), prohibitory terms (“may not”, “must not”, and “no ... may”), and permissive terms (“may”), see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|1|1-104">§ 1-104</cite>.

Subject to Title 4 {“Administrative Procedure Act - Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director may adopt rules and regulations to carry out the provisions of this subtitle. Ord. 21-001

A third-party delivery service may not: charge a food service facility a delivery fee that totals more than 10 percent of the purchase price of each online order on an individual or cumulative basis; charge a food service facility any amount designated as a delivery fee for an online order that does not involve the delivery of food or beverages; charge a food service facility any combination of fees, commissions, or costs, including delivery fees, for the food service facility’s use of the third-party food delivery service that is greater than 15 percent of the food service facility’s monthly net sales processed through the third-party delivery service; charge a food service facility any fee, commission, or cost as prohibited in items (1) through (3) of this section; charge a customer any purchase price for a food or beverage item that is:higher than the price set by the food service facility on the third-party food delivery service; or if no price is set by the food service facility on the third-party food delivery service, the price listed on the food service facility’s own menu; or 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. Ord. 21-001

In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}. The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. Each instance in violation of <cite data-path="|15|§21-6">§ 21-6 {“Prohibited conduct} of this subtitle</cite> is a separate offense. Ord. 21-001

Any person who violates any provision of this subtitle or any provision of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. Each instance in violation of <cite data-path="|15|§21-6">§ 21-6 {“Prohibited conduct} of this subtitle</cite> is a separate offense. Ord. 21-001 Ord. 22-125

Nothing in this subtitle may be in any way construed to limit or abridge any rights possessed by any food service facility at common law, by statute, or by ordinance to bring a civil action to redress claims against a third-party food delivery service. Ord. 21-001

This subtitle shall automatically expire on the 91<sup>st</sup> day following the expiration of the catastrophic health emergency declared by the Governor of Maryland on March 5, 2020, as amended or extended by the Governor. Ord. 21-001