A temporary limit on food delivery service fees by third-party services was approved Tuesday by the Albany City Council.
The urgency ordinance caps per-order fees at 15 percent for deliveries from retail food establishments during the local state of emergency declared for the COVID-19 pandemic. Non-delivery services are capped at 10 percent per order.
A third-party service in violation “should be provided a written notice or copy of the ordinance,” and the service then has the responsibility of resolving the violation within seven business days, the city said.
“If the violation is not resolved, the person or entity claiming a violation may bring a civil action against the third-party food delivery service,” the city said.
Delivery options have helped restaurants stay afloat during pandemic restrictions on in-person dining.
The Albany action is intended to “maximize restaurant revenue from the takeout and delivery orders to enable restaurants to recover from the impacts of the COVID-19 pandemic and remain as sources of neighborhood character and vitality in the city,” Albany officials said in an announcement.
Similar ordinances have been enacted in Contra Costa County, Santa Clara County, Alameda County, Marin County, Oakland, San Jose, and Santa Cruz County.