Restaurants Using Delivery Apps
NYC’s Third-Party Food Delivery Service Laws have a licensing requirement for apps, as well as protections for the restaurants that use them. Restaurants also have new requirements they must follow.
Please continue to monitor this page for additional restaurant information, including multilingual information about these regulations.
Does your restaurant use an online business (app) to take and deliver customer orders?
Know your rights and responsibilities under NEW NYC Laws.
YOUR RIGHTS starting January 24, 2022:
- Have a written agreement with your restaurant to list it on the app. Agreements entered after January 24, 2022 must include bathroom access for food delivery workers. See responsibilities section.
- List or link to the direct phone number for your restaurant if a phone number for your restaurant is listed on the app.
- Make clear to customers that any additional listed phone number is for a third party and confirm any fees to use phone numbers to place orders.
- In some cases, give your restaurant customer data if you request it. This does NOT include data for customers who opt out. Apps must provide data monthly and cannot set limits on use.
- Charge your restaurant for phone orders that do not end with a sale.
- Charge your restaurant more than the fee caps.
Fee caps are:
- 15% to deliver the order
- 5% to provide service other than delivery and electronic payment processing
- 3%* to process electronic payment
*Only exception is if app pays more than 3% and can show proof.
YOUR RESPONSIBILITIES starting January 24, 2022:
Your restaurant MUST:
- Comply with agreement requiring you to provide bathroom access to food delivery workers when they pick up orders for delivery. With limited exceptions for health or safety reasons.
- Let customers withdraw consent to use of data provided by apps and you must delete the data upon their request.
Your restaurant CANNOT:
- Sell, rent, or disclose customer data without customer consent.
Beginning January 24, 2022, restaurants can file a complaint about apps that are unlicensed or that violate your restaurant rights. To file a complaint, email firstname.lastname@example.org.
For more information, contact the Department of Consumer and Worker Protection (DCWP):
Live Chat with a DCWP Representative.
Call 311 and ask for "Delivery Worker or Employer Assistance"
This page is provided for informational purposes only, is not exhaustive, and does not constitute legal advice. New York City businesses must comply with all relevant federal, State, and City laws and rules. Businesses are responsible for knowing and complying with current regulations that affect their business.