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File #: Int 2288-2021    Version: Name: Requiring third-party food delivery services and third-party courier services to provide food delivery workers with insulated food delivery bags, and authorizing the commissioner of the department of consumer and worker protection to deny, suspend, revoke
Type: Introduction Status: Enacted (Mayor's Desk for Signature)
Committee: Committee on Consumer Affairs and Business Licensing
On agenda: 4/29/2021
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring third-party food delivery services and third-party courier services to provide food delivery workers with insulated food delivery bags, and authorizing the commissioner of the department of consumer and worker protection to deny, suspend, revoke or refuse to renew a license for violations of chapter 15 of title 20 of such code
Sponsors: Justin L. Brannan, Carlina Rivera , Margaret S. Chin, Farah N. Louis, Diana Ayala , Brad S. Lander, James G. Van Bramer, Helen K. Rosenthal, Antonio Reynoso, Carlos Menchaca, Mark Gjonaj , Kevin C. Riley, Ben Kallos, Public Advocate Jumaane Williams
Council Member Sponsors: 14
Summary: This bill would require food delivery applications and couriers to make available insulated bags to any delivery worker who has completed at least six deliveries for the company. The food delivery application or courier would not be permitted to charge their delivery worker any money for the bag. The bag would also have to comply with Section 1235 of the State Vehicle and Traffic Law, which prohibits bicyclists from carrying bags or other articles unless they can keep at least one hand on the handlebars. The bill would add a provision to the licensing scheme passed last month allowing the Department of Consumer and Worker Protection to suspend, revoke, deny or refuse to renew a food delivery application license if any provision relating to protections for delivery workers was violated twice in the previous two years.
Attachments: 1. Summary of Int. No. 2288-A, 2. Summary of Int. No. 2288, 3. Int. No. 2288, 4. April 29, 2021 - Stated Meeting Agenda with Links to Files, 5. Hearing Transcript - Stated Meeting 4-29-21, 6. Minutes of the Stated Meeting - April 29, 2021, 7. Committee Report 6/8/21, 8. Hearing Testimony 6/8/21, 9. Hearing Transcript 6/8/21, 10. Proposed Int. No. 2288-A - 9/22/21, 11. Committee Report 9/23/21, 12. Committee Report - Stated Meeting, 13. Fiscal Impact Statement, 14. September 23, 2021 - Stated Meeting Agenda with Links to Files
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
9/23/2021AJustin L. Brannan City Council Sent to Mayor by Council  Action details Meeting details Not available
9/23/2021AJustin L. Brannan City Council Approved by CouncilPass Action details Meeting details Not available
9/23/2021*Justin L. Brannan Committee on Consumer Affairs and Business Licensing Hearing Held by Committee  Action details Meeting details Not available
9/23/2021*Justin L. Brannan Committee on Consumer Affairs and Business Licensing Amendment Proposed by Comm  Action details Meeting details Not available
9/23/2021*Justin L. Brannan Committee on Consumer Affairs and Business Licensing Amended by Committee  Action details Meeting details Not available
9/23/2021AJustin L. Brannan Committee on Consumer Affairs and Business Licensing Approved by CommitteePass Action details Meeting details Not available
6/8/2021*Justin L. Brannan Committee on Consumer Affairs and Business Licensing Hearing Held by Committee  Action details Meeting details Not available
6/8/2021*Justin L. Brannan Committee on Consumer Affairs and Business Licensing Laid Over by Committee  Action details Meeting details Not available
4/29/2021*Justin L. Brannan City Council Referred to Comm by Council  Action details Meeting details Not available
4/29/2021*Justin L. Brannan City Council Introduced by Council  Action details Meeting details Not available

Int. No. 2288-A

 

By Council Members Brannan, Rivera, Chin, Louis, Ayala, Lander, Van Bramer, Rosenthal, Reynoso, Menchaca, Gjonaj, Riley, Kallos and the Public Advocate (Mr. Williams)

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring third-party food delivery services and third-party courier services to provide food delivery workers with insulated food delivery bags, and authorizing the commissioner of the department of consumer and worker protection to deny, suspend, revoke or refuse to renew a license for violations of chapter 15 of title 20 of such code

 

Be it enacted by the Council as follows:

 

Section 1. Section 20-563.9 of the administrative code of the city of New York, as added by a local law for the year 2021 amending the administrative code of the city of New York, relating to the licensing of third-party food delivery services, and repealing subchapter 22 of chapter 5 of title 20 of the administrative code of the city of New York, relating to third-party food delivery services, as proposed in introduction number 1897 for the year 2020, is amended to read as follows: 

§ 20-563.9 Denial, renewal, suspension and revocation of license. In addition to any powers of the commissioner and not in limitation thereof, the commissioner may deny or refuse to renew any license required under this subchapter and may suspend or revoke any such license, after due notice and opportunity to be heard, if the applicant or licensee, or, where applicable, any of its officers, principals, directors, members, managers, employees, or stockholders owning more than ten percent of the outstanding stock of the corporation, is found to have: 

a. Committed two or more violations of any provision of this subchapter or any rules promulgated thereunder in the preceding two years;

b. Made a material false statement or concealed a material fact in connection with the filing of any application pursuant to this subchapter; [or]

c. Committed two or more violations of chapter five of title twenty of this code and any rules promulgated thereunder in the preceding two years; or

d. Committed two or more violations of chapter fifteen of title twenty of this code and any rules promulgated thereunder in the preceding two years.

§ 2. Subchapter 2 of chapter 15 of title 20 of the administrative code of the city of New York, as added by a local law for the year 2021 amending the administrative code of the city of New York, in relation to establishing general provisions related to working conditions for third-party service workers and requiring that third-party food delivery services permit delivery workers to set limitations on distance and route for deliveries, as proposed in introduction number 2289-A for the year 2021, is amended by adding a new section 20-1524 to read as follows:

§ 20-1524 Insulated food delivery bags. a. 1. A third-party food delivery service or third-party courier service shall provide at its own expense, or ensure the availability of, an insulated food delivery bag to each food delivery worker, provided that such worker has completed at least six deliveries for such service. Such service may not require any food delivery worker to provide an insulated food delivery bag at such worker’s expense. Such insulated food delivery bag must be designed for use in accordance with section 1235 of the vehicle and traffic law.

2. Nothing in this section shall be construed to require the use of insulated delivery bags by food delivery workers.

§ 3. This local law takes effect on the same date as a local law amending the administrative code of the city of New York, relating to the licensing of third-party food delivery services, and repealing subchapter 22 of chapter 5 of title 20 of the administrative code of the city of New York, relating to third-party food delivery services, as proposed in introduction number 1897 for the year 2020, takes effect, except that the commissioner of consumer and worker protection may take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date.

 

 

 

SG

LS #16930

9/15/21 8:45PM