María Elena Durazo
- Democratic
- Senator
- District 26
Author
Existing law imposes various business practice restrictions on a food delivery platform, defined as an online business that acts as an intermediary between consumers and multiple food facilities to submit food orders from a consumer to a participating food facility, and to arrange for the delivery of the order from the food facility to the consumer. This bill would expand the definition of a food delivery platform to cover the completion of those deliveries and to include beverage orders, as provided. Existing law prohibits a food delivery platform from arranging for the delivery of an order from a food facility without first obtaining an agreement with the food facility expressly authorizing the food delivery platform to take orders and deliver meals prepared by the food facility. This bill would require a food delivery platform to provide to a food facility a mechanism to, among other things, remove the food facility, as specified, from the platform within 3 business days of receiving a request to be removed from the platform. The bill would require a food delivery platform to inform a food facility, before signing an agreement, of the fees charged by the food delivery platform for each service plan offered and the features included in each service plan, as applicable. Among other changes, the bill would also require a food delivery platform to inform a food facility of any change to the agreement deemed material and applicable to the food facility. Existing law prohibits a food delivery platform from charging a customer a purchase price for food or beverage that is higher than the price posted on the food delivery platform's internet website by the food facility at the time of the order. Existing law requires a food delivery platform to disclose to the customer and to the food facility a cost breakdown of each transaction, as described. Existing law requires the cost breakdown to include, among other information, the purchase price of the food and beverage and any tip or gratuity. Existing law defines "purchase price" as the price, as listed on the menu, for items contained in an online order and excludes from this definition the taxes or gratuities that make up the total amount charged to the customer of an online order. This bill would also exclude from the definition of "purchase price" fees and commissions that may make up the total amount charged to the customer of an online order. The bill would revise the above-described requirement to disclose the cost breakdown by, among other things, limiting the tip or gratuity disclosure requirement to those tips or gratuities that are payable to the delivery driver or food facility. The bill would require a food delivery platform to disclose clearly and regularly to the food facility and the customer the status of the order, as specified.
Chaptered by Secretary of State. Chapter 898, Statutes of 2024.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Assembly amendments concurred in. (Ayes 31. Noes 8. Page 5593.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 76. Noes 0. Page 6501.) Ordered to the Senate.
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 11. Noes 0.) (June 18).
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 31. Noes 8. Page 4095.) Ordered to the Assembly.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 9. Noes 0. Page 3699.) (April 22).
Set for hearing April 22.
From committee: Do pass and re-refer to Com. on B., P. & E. D. (Ayes 9. Noes 2. Page 3636.) (April 16). Re-referred to Com. on B., P. & E. D.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E. D.
Set for hearing April 16.
Re-referred to Coms. on JUD. and B., P. & E. D.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
From printer. May be acted upon on or after March 18.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1490 | HTML |
| 02/16/24 - Introduced | |
| 03/19/24 - Amended Senate | |
| 04/17/24 - Amended Senate | |
| 04/23/24 - Amended Senate | |
| 06/25/24 - Amended Assembly | |
| 08/22/24 - Amended Assembly | |
| 08/30/24 - Enrolled | |
| 09/28/24 - Chaptered |
| Document | Format |
|---|---|
| 04/12/24- Senate Judiciary | |
| 04/20/24- Senate Business, Professions and Economic Development | |
| 04/24/24- Sen. Floor Analyses | |
| 06/15/24- Assembly Privacy and Consumer Protection | |
| 06/26/24- ASSEMBLY FLOOR ANALYSIS | |
| 08/26/24- ASSEMBLY FLOOR ANALYSIS | |
| 08/27/24- Sen. Floor Analyses |
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