Definitions

In this Act: (1) Commission The term Commission means the Federal Trade Commission. (2) Delivery fee The term delivery fee means any fee imposed by a third-party delivery platform on a user of the platform with respect to an order placed through the platform of items from a retail establishment that is in addition to any charge that the retail establishment would impose on the sale of the same items if they were purchased by an individual who is physically present in such establishment. In the case of a retail establishment that does not offer items for sale to individuals who are physically present in such establishment, such term shall include any fee imposed by a third-party delivery platform that is in addition to the menu or retail price for the items ordered. (3) Retail establishment The term retail establishment means a physical establishment (including a restaurant) where items (including food, beverages, or other goods) are offered for sale to individuals who— (A) are physically present in such establishment; or (B) place orders through a third-party delivery platform. (4) Third-party delivery platform The term third-party delivery platform means any website, mobile application, or other internet service that— (A) as its primary function, offers or arranges for the sale and same-day delivery of items (including food beverages, or other goods) from a retail establishment; and (B) is not owned by, under common ownership with, operated by, or a subsidiary of the retail establishment.