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 10.515.010
 

Title 10 Regulation of Activities

Chapter 10.515 Fair Meal Delivery Requirements

Section 10.515.010 Scope and Purpose

This chapter applies to all food delivery platforms operating within the City of Spokane. The purpose of this chapter is to require that food delivery platforms establish an agreement with restaurants prior to offering pick-up or delivery from such restaurants on the food delivery platform and delivering orders from such restaurants to consumers. The establishment of such agreements will result in predictable and transparent business transactions that protect the interests of the City’s consumers and restaurants     

As more consumers choose pick-up and delivery rather than in-house dining, establishing food delivery platform fee caps is critical for restaurants to stay open and flourish. The availability of reasonably priced options for delivery services will support a vibrant and diverse restaurant scene where restaurants can thrive and respond to the evolving consumer needs and interests. This chapter seeks to eliminate the unequal bargaining power in the negotiation between restaurants and food delivery platforms; assisting restaurants that would be less likely to stay in business under the weight of high fees for delivery services.

It is in the public’s interest to maximize restaurant revenue from pick-up and delivery orders to help these businesses earn a profit, support a diverse and healthy workforce, and continue contributing to the vitality of the local economy and community. As the use of food delivery platform services grows and evolves, clarifying requirements for agreements between food delivery platforms and restaurants and establishing permanent yet flexible caps on delivery service fees charged to restaurants will accomplish the legitimate government purpose of easing the financial burden on the struggling restaurant industry. Requiring food delivery platforms to retain records on food delivery platform agreements and charges will support the City’s efforts to verify compliance with food delivery platform requirements in accordance with this chapter.

Date Passed: Monday, December 5, 2022

Effective Date: Wednesday, January 18, 2023

ORD C36331 Section 1