San Jose Ca.Gov
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File #: ROGC 20-201    Version: 1
Type: Rules Committee Reviews, Recommendations and Approvals Status: Agenda Ready
File created: 5/13/2020 In control: Joint Meeting for the Rules and Open Government Committee and Committee of the Whole
On agenda: 5/27/2020 Final action:
Title: Fee Cap on Food Delivery Services. (Diep)
Attachments: 1. Memorandum from Diep, 2. Letters from the Public


Fee Cap on Food Delivery Services. (Diep)


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.

[Deferred from 5/6/2020 - Item G.2 (ROGC 20-175); and 5/13/2020 - Item G.3 (ROGC 20-182)]