§ 21-1. Definitions.
(a) In general.
In this subtitle, the following terms have the meanings indicated.
(b) Delivery fee.
(1) In general.
"Delivery fee" means a fee charged by a third-party food delivery service for providing a food service facility with a service that delivers food and beverages from the food service facility to customers.
(2) Exclusions.
"Delivery fee" does not include any other fee or cost that may be charged by a third-party food delivery service to a food service facility, such as fees for listing or advertising the food service facility on the third-party food delivery service platform or fees related to processing the online order.
(c) Director.
"Director" means the director of the Department of Finance or the Director's designee.
(d) Food service facility.
(1) In general.
"Food service facility" has the meaning stated in City Code Health Article, § 6-101(d) {"Definitions: Food service facility"}.
(2) Exclusion.
"Food service facility" does not include any food service facility that operates within a group of businesses that:
(i) has 10 or more locations within Baltimore City; and
(ii) operate under a common business name.
(e) Online order.
"Online order" means an order placed by a customer through or with the assistance of a platform provided by a third-party food delivery service, including a telephone order, for delivery or pick-up within the City.
(f) Purchase price.
(1) In general.
"Purchase price" means the price, as listed on the menu of the food service facility, for the items contained in an online order, minus any applicable coupon or promotional discount provided to the customer by the food service facility through the third-party food delivery service.
(2) Exclusions.
"Purchase price" does not include taxes, gratuities, and any other fees or costs that may make up the total amount charged to the customer of an online order.
(g) Third-party delivery service.
"Third-party food delivery service" means any website, mobile application, or other internet service that offers or arranges for the sale of food and beverages prepared by, and the delivery or pick-up of food and beverages from, no fewer than 5 food service facilities located in the City that are each owned and operated by different persons.