New York § 391-W - 391-WUnauthorized restaurant reservations

§ 391-W. 391-WUnauthorized restaurant reservations

§ 391-w. Unauthorized restaurant reservations. 1. Definitions. For the purposes of this section, the following terms shall have the following meanings: (a) "Food service establishment" shall have the same meaning as that term is defined in section three hundred ninety-one-v of this article. (b) "Third-party restaurant reservation service" means any website, mobile application or other internet service that: (i) offers or arranges for reserving on-premises service for a customer at a food service establishment; and (ii) that is owned and operated by a person other than the person who owns such food service establishment. A third-party restaurant reservation service shall not include any reservation distribution channels that are authorized to distribute reservations by way of a contractual relationship with either the applicable food service establishment or a contractual designee of the food service establishment who obtained reservation distribution rights directly from the food service establishment. 2. A third-party restaurant reservation service shall not list, advertise, promote, or sell reservations for a food service establishment through the website, mobile application or other platform of such third-party restaurant reservation service without a written agreement between such third-party restaurant reservation service and such food service establishment to include reservations at the food service establishment on such website, mobile application or other platform. 3. Any person who violates, or causes another person to violate, a provision of this section, shall be subject to a civil penalty that shall not exceed one thousand dollars for each violation. Violations by third-party restaurant reservation services under this section shall accrue on a daily basis for each day and for each food service establishment with respect to which a violation of this section was committed.