New Jersey § 56:8-226
Full text of New Jersey New Jersey Statutes § 56:8-226, with citation guidance and answers to common questions.
§ 56:8-226.
a. It shall be an unlawful practice and a violation of P.L.1960, c. 39 ( C.56:8-1 et seq. ) for any third-party food takeout and delivery service application or Internet website,
during and until the first day of the third month following any state of emergency
declared by the Governor in response to COVID-19 that restricts restaurant dine-in
service to less than 25 percent of the maximum capacity allowed by law, to charge
a service fee to a restaurant for food take-out or delivery orders that is: (1) greater than 20 percent of the cost of the individual order; or (2) greater than 10 percent of the cost of the individual order, when the order is
delivered by an employee of the restaurant or an independent contractor with whom
the restaurant has contracted directly. The provisions of this section shall not be construed to limit the ability of any
restaurant to choose to pay up to 25 percent of the cost of the individual order to
access additional advertising or other products and services offered by any third-party
food takeout and delivery service application or Internet website. However, any restaurant that chooses to pay a service fee that is greater than the
fee set forth in the provisions of this section shall be required to affirmatively
elect to pay that fee regardless of any contract that is in effect on the effective
date of this act unless the contract was entered into prior to the state of emergency
declared by the Governor pursuant to Executive Order No. 103 of 2020. b. The provisions of this section shall supersede and preempt any county or municipal
law, ordinance, resolution, or regulation concerning the relationship between third-party
food takeout and delivery service applications or Internet websites and any restaurant
utilizing its services. c. As used in this section, “ third-party food takeout and delivery service application or Internet website ” means any online food ordering and delivery service that allows a consumer to place
an order for takeout or delivery from a restaurant.
Frequently Asked Questions About New Jersey § 56:8-226
What does New Jersey Statutes § 56:8-226 cover?
Section 56:8-226 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 56:8-226?
A common citation format is "New Jersey Statutes § 56:8-226" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 56:8-226 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.