§ 48–652. Restrictions on third-party meals delivery platforms.

(a) A third-party meal delivery platform 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 platform 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 platform, any independent contractor acting on behalf of the third-party meal delivery platform, 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 platform 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 platform 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 platform that does not have an agreement shall not use the name, likeness, trademark, or intellectual property of a restaurant on its platform.

(e) Any agreement that a third-party meal delivery platform enters into with a restaurant must contain a provision allowing a food delivery worker to use the restroom facilities of the restaurant when performing a delivery or pickup service at the restaurant.

(f) A third-party meal delivery platform shall not exclude any restaurant with whom the third-party meal delivery platform has an agreement from the relevant search results of a customer within 4 miles of a restaurant.

(g) A third-party meal delivery platform shall not reduce the delivery radius of any restaurant below 4 miles based on the level or percentage of commissions paid. Nothing in this section shall prohibit a third-party meal delivery platform from offering a larger delivery radius for a fee.

(h) A third-party meal delivery platform shall not reduce the number of food delivery workers available to deliver online orders from a restaurant with whom the third-party meal delivery platform has an agreement based solely on the level or percentage of commission paid. Nothing in this section shall prohibit a third-party meal delivery platform from offering priority delivery services for a fee.