City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 10
Chapter 10.515
Section 10.515.025
 

Title 10 Regulation of Activities

Chapter 10.515 Fair Meal Delivery Requirements

Section 10.515.025 Definitions
  1. “Agreement” means a written contract between a restaurant and a food delivery platform.
  1. “Business” means any individual, firm, corporation, association, partnership, governmental entity, or their agents.
  1. “Consumer” means any person or persons purchasing a food or beverage order from a restaurant using a food delivery platform.
  1. “Delivery services” means services provided by a food delivery platform that (1) list the restaurant and make the restaurant discoverable on the food delivery platform’s modalities or platforms and (2) facilitate or perform delivery of food or beverage orders to any location within City of Spokane limits. Delivery services do not include other services that may be provided by food delivery platforms to restaurants, including but not limited to advertising services, search engine optimizations, business consulting, or credit card processing.
  1. “Fee” means any fee, commission, cost, or monetary payment charged to restaurants or consumers by food delivery platforms.
  1. “Food or beverage order” means an order for food, beverages, or food and beverages from a restaurant that a consumer places through a food delivery platform for pick-up or delivery to any location within City of Spokane limits.
  1. “Food delivery platform” means a business, other than a restaurant, that (1) provides a means through which a consumer may submit a food or beverage order to a restaurant and (2) facilitates, performs, or facilitates and performs pick-up of the order from the restaurant by the consumer or delivery of the order from the restaurant to the consumer.
  1. “Purchase price” means the menu price of an online order, excluding taxes, gratuities, or any other fees that may make up the total cost to the customer of a food or beverage order.
  1. “Restaurant” means a business in which food or beverage, or both, are prepared and service is provided for individual consumption either on- or off-premise, and in which any service of alcoholic beverages is accessory to the service of food.
  1. “Written” means a printed or printable communication in physical or electronic format, including but not limited to a communication that is transmitted through email, text message, or a computer or mobile system, or that is otherwise sent and maintained electronically.

Date Passed: Monday, December 5, 2022

Effective Date: Wednesday, January 18, 2023

ORD C36331 Section 1