City of San José - File #: ROGC 20-175

• File #: ROGC 20-175
• Version: 1
• Type: Rules Committee Reviews, Recommendations and Approvals
• Status: Agenda Ready
• File created: 4/30/2020
• In control: Joint Meeting for the Rules and Open Government Committee and Committee of the Whole
• On agenda: 5/6/2020
• Title: Fee Cap on Food Delivery Services. (Diep)

Date	Ver.	Action By	Action	Result
5/6/2020	1	Joint Meeting for the Rules and Open Government Committee and Committee of the Whole

...Title

Fee Cap on Food Delivery Services. (Diep)

...Recommendations

Direct staff to draft and enact an urgency ordinance that:

(1) Limit fees third-party food-delivery services operating in San José may charge on restaurants to:

(a) 10% where food-delivery companies do not make personal protective equipment available to the employees or independent contractors who make deliveries; and

(b) 15% where food-delivery companies establish that personal protective equipment is provided at no cost to the employees or independent contractors making deliveries;

(2) Sunsets the 15% cap on fees once restaurants in Santa Clara County may offer unrestricted dine-in service;

(3) Grants food-delivery companies 14 days per incident to refund any fees taken in excess of these limits; and

(4) Imposes a sliding scale of fines for repeated instances of exceeding the fee limits.