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3 <br /> <br /> <br />public peace, health, safety, and public welfare and ensuring jobs and economic vitality within the <br />City, while also preventing further spread of the virus. <br /> <br />NOW, THEREFORE, BE IT RESOLVED, I, Jeff Kay, as Director of Emergency Services, <br />declare that the City shall, temporarily limit fees charged by Third Party Food Delivery <br />Companies, subject to the conditions and limitations contained below: <br />1. It shall be unlawful for a Third Party Food Delivery Service to charge a covered establishment <br />a fee per online order for the use of its services that totals more than 15% of the purchase <br />price of such online order. <br />2. For purposes of this order, the following definitions apply: <br />a. "Covered Establishment" means a restaurant that offers, in a single commercial <br />transaction over the internet, whether directly or through a Third Party Food Delivery <br />Company, the sale and same-day delivery of food to customers from one or more retail <br />locations within the City of San Leandro. Covered Establishment shall not include any <br />restaurant that meets the definition of a Formula Restaurant set forth below. <br />b. "Online order" means an order placed by a customer through a platform provided by a <br />third party food delivery company for delivery or pickup within the City. <br />c. "Purchase price" means the menu price of an online order. Such term therefore excludes <br />taxes, gratuities and any other fees that may make up the total cost to the customer of an <br />online order. <br />d. “Formula Restaurant” means a type of restaurant establishment that has eleven or more <br />other locations in operation, or with local land use or permit entitlements already approved, <br />located anywhere in the world. In addition to the eleven establishments either in operation <br />or with local land use or permit entitlements approved for operation, the business <br />maintains two or more of the following features: a standardized array of merchandise, a <br />standardized facade, a standardized decor and color scheme, uniform apparel, <br />standardized signage, a trademark or a servicemark. <br />e. "Third Party Food Delivery Company" means any website, mobile application or other <br />internet service that offers or arranges for the sale of food and beverages prepared by, <br />and the same-day delivery or same-day pickup of food and beverages from, no fewer than <br />20 separately owned and operated food service establishments. <br />3. The Director of Emergency Services, or designee, is authorized to implement this order and <br />issue any necessary guidance or rules consistent with this order. <br />4. This order shall take effect on July 13, 2020 and shall terminate at such time as the Health <br />Officer of Alameda County amends or terminates the order prohibiting restaurants from <br />offering dine-in service or that prohibition otherwise expires, so that dine-in service is then <br />allowed, or the termination of the local state of emergency, whichever occurs first; or as <br />otherwise terminated, modified or extended by the San Leandro City Council. For the <br />purposes of this order, the restoration of outdoor-only dining does not constitute the <br />restoration of dine-in service. <br />5. If a Third Party Food Delivery Company charges a covered establishment fees that violates <br />this order, the covered establishment shall provide written notice to the Third Party Food <br />Delivery Company requesting a refund; the refund shall be paid within seven calendar days. <br />If the Third Party Food Delivery Company does not provide the refund requested after seven <br />days or the Third Party Food Delivery Company continues to charge fees in violation of this <br />order after the initial notice, a covered establishment may enforce this order by means of a <br />civil action seeking damages and injunctive relief. The prevailing party in any such action shall <br />be entitled to an award of reasonable attorney fees. <br /> <br />367