THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Title 9 of The Philadelphia Code is hereby amended to read as follows:
TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS.
CHAPTER 9-6700. THIRD-PARTY RESTAURANT RESERVATION SERVICES.
§ 9-6701. Definitions.
In this Chapter the following definitions apply:
(1) Food Service Establishment. A business categorized under the North American Industry Classification System (“NAICS”) as Full-Service Restaurants (NAICS 722511).
(2) Third-party Reservation Service. An entity or person
engaged in offering, listing, or arranging dining arrangements or restaurant reservation services for Food Service Establishments it does not own or operate.
§ 9-6702. Prohibitions.
No Third-party Reservation Service shall charge, collect, or receive a fee, directly or indirectly, for one or more reservations for a Food Service Establishment without a prior written authorization from the Food Service Establishment. A Third-party Reservation Service shall bear the burden of proof in establishing that a Food Service Establishment provided prior written authorization that is applicable to a particular reservation or period of operation.
§ 9-6703. Enforcement and Penalties.
The City of Philadelphia may impose a civil penalty on a Third-party Reservation Service in an amount not to exceed $1,000 for each violation of this Chapter.
Violations by a Third-party Reservation Service shall accrue for each day and for each Food Service Establishment in which there has been a violation.
The Department of Licenses and Inspections:
May issue regulations governing the implementation of this chapter;
Shall have the authority to enforce this chapter, investigate complaints, and issue fines or citations for violations.
§ 9-6704. Record Keeping.
(1) A Third-party Reservation Service shall retain proof of written authorization from a Food Service Establishment, as required under Section 9-6702, for the stated duration of the authorization plus a minimum of one year.
SECTION 2. This Ordinance shall take effect 90 days after enactment.
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Explanation:
Italics
indicate new matter added.
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