Facilitation of online food order without written agreement with food dispensing establishment prohibited; acceptance of online food order without required business license prohibited; food delivery service platform provider required to remove food dispensing establishment from platform under certain circumstances; civil penalties

1. A food delivery service platform provider shall not facilitate an online food order involving a food dispensing establishment, including, without limitation, arranging for the same-day delivery or same-day pickup of food prepared by a food dispensing establishment, unless: (a) The food dispensing establishment has obtained any business license required by the local government in which the food dispensing establishment is located which authorizes the food dispensing establishment to conduct business at the address at which the food dispensing establishment prepares the online food order; and (b) The food delivery service platform provider has entered into a written agreement with the food dispensing establishment that expressly authorizes the food delivery service platform provider to engage in such activities. 2. A food dispensing establishment shall not accept an online food order facilitated by a food delivery service platform provider unless the food dispensing establishment has obtained any business license required by the local government in which the food dispensing establishment is located which authorizes the food dispensing establishment to conduct business at the address at which the food dispensing establishment prepares the online food order. A food dispensing establishment who violates this subsection or provides to the food delivery service platform provider false or misleading information regarding the business license of the food dispensing establishment is subject to a civil penalty not to exceed $100 for each online food order which the food dispensing establishment fills in violation of this subsection. 3. A food delivery service platform provider who receives specific, verifiable information that a food dispensing establishment has violated subsection 2 or has provided to the food delivery service platform provider false or misleading information regarding the business license of the food dispensing establishment shall, not later than 10 days after receiving that information, remove the food dispensing establishment from the food delivery service platform of the food delivery service platform provider. A food delivery service platform provider who violates the provisions of this subsection is subject to a civil penalty not to exceed $500 for each day that the food dispensing establishment remains on the food delivery service platform of the food delivery service platform provider after the 10th day after the food delivery service platform provider receives the information described in this subsection.