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Record #: O2020-3813   
Type: Ordinance Status: Introduced
Intro date: 7/22/2020 Current Controlling Legislative Body: Committee on Finance
Final action:
Title: Amendment of Municipal Code Chapter 4-8 by adding new Section 4-8-400 to regulate third-party food delivery application restaurant listings
Sponsors: Waguespack, Scott
Topic: MUNICIPAL CODE AMENDMENTS - Title 4 - Businesses, Occupations & Consumer Protection - Ch. 8 Food Establishments
Attachments: 1. O2020-3813.pdf
Committee on Finance

ORDINANCE

WHEREAS, Third-party food delivery services have, at times, listed restaurants on their applications as being available for delivery or pick-up despite the apps having no contract with the restaurant to provide such service; and

WHEREAS, The listing of these restaurants is without their knowledge and consent; and

WHEREAS, The listings by the services sometimes involve errors in price, food description, and availability; and

WHEREAS, Some listings are for restaurants that do not offer delivery or take out and include food that, without proper handling, can cause illness, such as raw oysters; and

WHEREAS, These listings often involve use ofthe restaurant's trademarks, service marks, and other intellectual properly of ihe restaurant; and

WHEREAS, The listings create a perception in the mind ofthe customer that the restaurant is prepared for and responsible for the quality ofthe delivery, deceiving the customer into believing that the third-party food delivery service and the restaurant have entered into a partnership; and

WHEREAS, Some third-party food delivery services will claim restaurant search engine listings, directing customers to call their service for delivery or pick-up, causing.the customer to think they are calling the restaurant directly; and

WHEREAS, The quality ofthe customer interactions and delivery reflects on the restaurant, despite their lack of consent to partnering with the third-parly food delivery service; now, therefore

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO

Section 1 - The above recitals are expressly incorporated in this ordinance.

Section 2 - Chapter 4-8 ofthe Municipal Code of Chicago is amended inserting the new Section 4-8-400 as follows:
4-8-400 Third-Party Food Delivery Application Restaurant Listings
(a) Definitions
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The following definitions shall apply to this section:

"Food dispensing establishment'* means any fixed location where food or drink is routinel...

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