3rd Party Food Delivery
ATTENTION GLENDALE RESTAURANT OWNERS & OPERATORS
In June 2020, as part of the City’s emergency COVID response, the Glendale City Council adopted a temporary ordinance to limit fees charged by third-party food delivery companies. The ordinance placed a 15% cap on charges that third-party food delivery services could impose on restaurants for delivering food. This includes delivery fees, service fees and other processing fees.
Enforcement of the Ordinance
Per Section 1 G of the Ordinance, the following enforcement actions are available to restaurants that have been overcharged for basic food delivery services from a third-party food delivery platform:
Civil Court: Restaurants may send third-party food delivery service providers with a written notice requesting a refund within seven days of any overcharges in violation of the Ordinance. If the third-party food delivery service does not provide the refund after seven days, or if they continue to overcharge, the Ordinance may be enforced by filing civil suit seeking damages or other civil remedies as appropriate. If the judge rules in your favor, as a prevailing party you will be entitled to an award for your attorneys’ fees.
Administrative Code Enforcement: Contact the City’s Code Enforcement Office to initiate an administrative code enforcement case pursuant to Glendale Municipal Code Chapter 1.24. Code Enforcement will initiate an investigation and seek compliance. Administrative Code Enforcement fines of up to $400 for the first citation, $1,000 for the second citation, and $2,000 for the third citation for each violation may be imposed.
Criminal Prosecution: If code enforcement efforts fail to achieve voluntary compliance, the City also has the discretion to prosecute the violator by filing a complaint in criminal court pursuant to Glendale Municipal Code Chapter 1.20. Violations of the Ordinance accrue on a daily basis and for each restaurant overcharged for basic delivery services. Fines up to $ 1,000 or jail time not to exceed six months may be imposed and restitution may be sought.
As the City prepares to explore next steps pertaining to this temporary ordinance, we would like to hear from Glendale restaurant owners and operators. We ask that you please take a few minutes to complete a brief survey to tell us if and how the temporary ordinance impacted your business.