File #: LB 20-043   
Section: Legislative Business Status: Agenda Ready
Meeting Body: City Council
Agenda Date: 9/22/2020 Final action:
Subject: Temporary Limit on Third-Party Food Delivery Fees: Adoption of Emergency Ordinance Establishing a Temporary Limit of 15 Percent Limit on Fees of Food Delivery Service Providers to Support Restaurants in Hayward During the COVID-19 Pandemic
Attachments: 1. Attachment I Staff Report, 2. Attachment II Emergency Ordinance
DATE: September 22, 2020

TO: Mayor and City Council

FROM: Deputy City Manager

SUBJECT
Title

Temporary Limit on Third-Party Food Delivery Fees: Adoption of Emergency Ordinance Establishing a Temporary Limit of 15 Percent Limit on Fees of Food Delivery Service Providers to Support Restaurants in Hayward During the COVID-19 Pandemic

End
RECOMMENDATION
Recommendation

That Council adopts an emergency ordinance that establishes a temporary 15 percent limit on fees charged by third-party food delivery service providers to Hayward restaurants during the COVID-19 pandemic. End

SUMMARY

As a result of the State of Emergency declarations and the Alameda County Shelter-in-Place Order during the COVID-19 pandemic outbreak, Hayward businesses have experienced severe disruptions to normal operations and revenue streams. The Order's restrictions have particularly impacted the restaurant industry, which relies heavily on indoor dining services for income. During this time, online ordering and delivery of food has become a critical lifeline for restaurants.

Restaurants are relying on third-party app-based service companies to facilitate mobile ordering for pick-up or delivery to the consumer. These third-party delivery service providers include companies such as DoorDash, Grubhub, Postmates, and Uber Eats. Several Hayward restaurants have indicated that between 30 and 40 percent of their total sales are now derived from orders placed through these platforms. Staff estimates approximately half of Hayward restaurants and food establishments subscribe to one or more third-party delivery platforms.

While these companies are providing a critical service for Hayward restaurants that do not have existing delivery service and/or online ordering capacity, the fees charged are impacting the sector's ability to survive during the pandemic. According to the San Francisco Chronicle, third-party delivery service providers charge co...

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