| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the regulation of restaurants and third-party food |
|
|
delivery services, including the issuance of certain alcoholic |
|
|
beverage certificates to restaurants. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 1.04, Alcoholic Beverage Code, is |
|
|
amended by adding Subdivision (29) to read as follows: |
|
|
(29) "Restaurant" means a business that: |
|
|
(A) operates its own permanent food service |
|
|
facility with commercial cooking equipment on its premises; and |
|
|
(B) prepares and offers to sell multiple entrees |
|
|
for consumption on or off the premises. |
|
|
SECTION 2. Section 25.13(a-1), Alcoholic Beverage Code, as |
|
|
effective September 1, 2021, is amended to read as follows: |
|
|
(a-1) A holder of a wine and malt beverage retailer's permit |
|
|
may be issued a food and beverage certificate by the commission if: |
|
|
(1) the permit holder is a restaurant; or |
|
|
(2) the commission finds that the receipts from the |
|
|
sale of alcoholic beverages by the permit holder at the location are |
|
|
60 percent or less of the total receipts from the location. |
|
|
SECTION 3. Section 28.18(a-1), Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
(a-1) A holder of a mixed beverage permit may be issued a |
|
|
food and beverage certificate by the commission if: |
|
|
(1) the permit holder is a restaurant; or |
|
|
(2) the commission finds that the receipts from the |
|
|
sale of alcoholic beverages by the permit holder at the location are |
|
|
60 percent or less of the total receipts from the location. |
|
|
SECTION 4. Section 32.23(a-1), Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
(a-1) A holder of a private club registration permit may be |
|
|
issued a food and beverage certificate by the commission if: |
|
|
(1) the permit holder is a restaurant; or |
|
|
(2) the commission finds that the receipts from the |
|
|
service of alcoholic beverages by the permit holder at the location |
|
|
are 60 percent or less of the total receipts from the location. |
|
|
SECTION 5. Section 69.16(a-1), Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
(a-1) A holder of a retail dealer's on-premise license may |
|
|
be issued a food and beverage certificate by the commission if: |
|
|
(1) the license holder is a restaurant; or |
|
|
(2) the commission finds that the receipts from the |
|
|
sale of alcoholic beverages by the license holder at the location |
|
|
are 60 percent or less of the total receipts from the location. |
|
|
SECTION 6. Subtitle C, Title 5, Business & Commerce Code, is |
|
|
amended by adding Chapter 114 to read as follows: |
|
|
CHAPTER 114. THIRD-PARTY FOOD DELIVERY SERVICES |
|
|
Sec. 114.0001. DEFINITIONS. In this chapter: |
|
|
(1) "Mark" and "trade name" have the meanings assigned |
|
|
by Section 16.001. |
|
|
(2) "Restaurant" has the meaning assigned by Section |
|
|
1.04, Alcoholic Beverage Code. |
|
|
(3) "Third-party food delivery service" means a |
|
|
website, mobile application, or other service that acts as an |
|
|
intermediary between consumers and multiple restaurants not owned |
|
|
or operated by the service to arrange for the delivery or pickup of |
|
|
food or beverages from those restaurants. |
|
|
Sec. 114.0002. PROHIBITED ACTS. A third-party food |
|
|
delivery service may not: |
|
|
(1) arrange for the delivery or pickup of food or |
|
|
beverages from a restaurant in this state unless the service has |
|
|
filed a certificate of formation or registration with the secretary |
|
|
of state; |
|
|
(2) use a restaurant's mark or trade name in connection |
|
|
with the service in a misleading way that suggests the restaurant |
|
|
sponsors or endorses the service; |
|
|
(3) add a restaurant removed from the service under |
|
|
Section 114.0003 to the service unless the service has received |
|
|
written consent from the restaurant to add the restaurant to the |
|
|
service; or |
|
|
(4) charge a restaurant a fee or require the |
|
|
restaurant to absorb a fee in connection with the service's |
|
|
arrangement of an order from that restaurant unless the restaurant |
|
|
has agreed to pay or absorb the fee under an agreement that meets |
|
|
the requirements of Section 114.0004. |
|
|
Sec. 114.0003. REQUIREMENTS FOR SERVICE. A third-party |
|
|
food delivery service shall: |
|
|
(1) provide a consumer a clearly identified mechanism |
|
|
for the consumer to express concerns or complaints directly to the |
|
|
service regarding an order arranged through the service; and |
|
|
(2) remove a restaurant from the service not later |
|
|
than the 10th day after the date the service receives a request from |
|
|
the restaurant to be removed from the service if the service does |
|
|
not have an agreement with the restaurant that meets the |
|
|
requirements of Section 114.0004. |
|
|
Sec. 114.0004. TERMS OF AGREEMENT WITH RESTAURANT. (a) An |
|
|
agreement between a third-party food delivery service and a |
|
|
restaurant must: |
|
|
(1) be in writing; |
|
|
(2) expressly authorize the service to arrange for the |
|
|
delivery or pickup of food or beverages from that restaurant; and |
|
|
(3) clearly state each fee, including a commission or |
|
|
other charge, that the restaurant will be required to pay to the |
|
|
service or absorb in connection with an order arranged through the |
|
|
service. |
|
|
(b) The agreement may not include any provision that |
|
|
requires the restaurant to indemnify the third-party food delivery |
|
|
service, including an employee or independent contractor of the |
|
|
service, for claims or liabilities resulting from acts or omissions |
|
|
of the service or of an employee or independent contractor of the |
|
|
service. |
|
|
(c) A provision in an agreement that violates Subsection (b) |
|
|
is void and unenforceable. |
|
|
Sec. 114.0005. PRIVATE CAUSE OF ACTION. (a) If a |
|
|
third-party food delivery service violates this chapter, a |
|
|
restaurant aggrieved by the violation may bring an action against |
|
|
the service for: |
|
|
(1) injunctive relief; and |
|
|
(2) damages in an amount equal to: |
|
|
(A) the restaurant's actual damages arising from |
|
|
the violation; or |
|
|
(B) the service's profits arising from the |
|
|
violation. |
|
|
(b) If the court finds that the defendant committed the |
|
|
violation knowingly or in bad faith, the court may award the |
|
|
plaintiff: |
|
|
(1) exemplary damages in an amount that is not more |
|
|
than three times the sum of: |
|
|
(A) the plaintiff's actual damages; and |
|
|
(B) the defendant's profits arising from the |
|
|
violation; and |
|
|
(2) the plaintiff's reasonable attorney's fees. |
|
|
SECTION 7. Chapter 250, Local Government Code, is amended |
|
|
by adding Section 250.011 to read as follows: |
|
|
Sec. 250.011. THIRD-PARTY FOOD DELIVERY SERVICES. (a) In |
|
|
this section, "third-party food delivery service" has the meaning |
|
|
assigned by Section 114.0001, Business & Commerce Code. |
|
|
(b) Notwithstanding any other law, a municipality or county |
|
|
may not adopt or enforce an ordinance or regulation to the extent |
|
|
that the ordinance or regulation affects the terms of agreements |
|
|
between third-party food delivery services and restaurants that |
|
|
meet the requirements of Section 114.0004, Business & Commerce |
|
|
Code. |
|
|
SECTION 8. Section 114.0004, Business & Commerce Code, as |
|
|
added by this Act, applies only to an agreement entered into or |
|
|
renewed on or after the effective date of this Act. |
|
|
SECTION 9. This Act takes effect January 1, 2022. |