In an effort to continue supporting local businesses while reducing the potential spread of the COVID-19 virus, the Irvine City Council approved Ordinance 21-03, to ensure third-party delivery services from retail food establishments remain useful and affordable to consumers.
As a result of the on-site dining closures related to the COVID-19 pandemic, there has been a substantial increase in the use of third-party food delivery services. These services have come with high delivery fees, which discourage the use of services. City Council Ordinance 21-03 was adopted February 9, 2021, which makes it unlawful for a third-party food delivery service to:
- Charge a retail food establishment a delivery fee that totals more than 15% of the purchase price of each online order.
- Charge a retail food establishment any amount designated as a delivery fee for an online order that does not involve the delivery of food or beverages.
- Charge a retail food establishment any combination of fees, commissions, or costs for the retail food establishment's use of the third-party food delivery service that is greater than 5% of the purchase price of each online order.
- Charge a retail food establishment any fee, commission, or cost that is to be paid to the third-party food delivery service, other than as permitted in the sections above.
- Charge a customer any purchase price for a food or beverage item that is higher than the price set by the retail food establishment on the third-party food delivery service's website or mobile application, or if no price is set by the retail food establishment on both locations, the price listed on the retail food establishment's own menu.
- Retain any portion of amounts designated as a tip or gratuity. Any tip or gratuity amount, in its entirety, shall be paid by the third-party delivery service to the person delivering the food or beverages.
Any violation of this ordinance is subject to enforcement. If you feel a delivery service is in violation of this ordinance, please use this form to report the incident. Information provided will be used by City staff to research violations, and will not be shared with third parties during the course of the investigation.
View the full ordinance for additional information regarding applicable definitions and descriptions.