As used in NRS 597.7625 to 597.7642, inclusive, unless the context otherwise requires, the words and terms defined in NRS 597.7626 to 597.7634, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2021, 1697)
1. “Commission” means any fee or other payment of money that is charged by a food delivery service platform provider to a food dispensing establishment for the use of the services of the food delivery service platform provider in effectuating online food orders. 2. The term includes, without limitation, any annual fee charged to a […]
1. “Food delivery service platform” means an Internet website, online service or mobile application which allows users to purchase food from multiple food dispensing establishments and arrange for the same-day delivery or same-day pickup of such food. 2. The term does not include an Internet website, online service or mobile application which does not: (a) […]
“Food delivery service platform provider” means a person who operates a food delivery service platform. (Added to NRS by 2021, 1698)
1. “Food dispensing establishment” means a food establishment that prepares and serves food intended for immediate consumption. The term includes, without limitation, a restaurant. The term does not include a convenience store or a grocery store. 2. As used in this section: (a) “Convenience store” has the meaning ascribed to it in NRS 597.225. (b) […]
“Food purchase price” means the portion of the total online food order price that is attributable to the amount charged by the food dispensing establishment for the food. (Added to NRS by 2021, 1698)
“Likeness” means any identifiable symbol attributed and easily identified as belonging to a specific food dispensing establishment. (Added to NRS by 2021, 1698)
“Online food order” means a transaction in which a user, through a food delivery service platform, purchases food from a food dispensing establishment and arranges for the same-day delivery or same-day pickup of such food. (Added to NRS by 2021, 1698)
“Total online food order price” means the total amount paid or to be paid by a user as a result of an online food order. (Added to NRS by 2021, 1698)
“User” means a person who uses a food delivery service platform to engage in an online food order. (Added to NRS by 2021, 1698)
A food delivery service platform provider shall not facilitate an online food order involving a food dispensing establishment, including, without limitation, arranging for the same-day delivery or same-day pickup of food prepared by a food dispensing establishment, unless the food delivery service platform provider has entered into a written agreement with the food dispensing establishment […]
1. A food dispensing establishment may, at any time, submit a written request to a food delivery service platform provider directing the provider to remove the food dispensing establishment from the food delivery service platform. If the food delivery service platform provider has appointed a registered agent located in this State, the request must be […]
1. A food delivery service platform provider shall not use the likeness, registered trademark or intellectual property of a food dispensing establishment unless the food delivery service platform provider first obtains the written consent of the food dispensing establishment. 2. A food delivery service platform provider who violates the provisions of subsection 1 is subject […]
1. A food dispensing establishment whose likeness, registered trademark or intellectual property was used by a food delivery service platform provider in violation of NRS 597.7637 may bring an action against the food delivery service platform provider in any court of competent jurisdiction and may recover the sum of $5,000 or the amount of actual […]
1. Before an online food order is consummated with a user, the food delivery service platform provider must disclose to the user the following information in plain language and in a conspicuous manner: (a) The total online food order price; (b) Each portion of the total online food order price that is attributable to: (1) […]
If a food delivery service platform provider determines that it is not feasible to disclose the information required by NRS 597.7639 in the manner provided in that section, the provider may submit a request to the Commissioner of Consumer Affairs to disclose the information in an alternative manner. Such a request must include, without limitation, […]
1. During any period in which a declaration of emergency is in effect in a county in this State and social distancing requirements and occupancy limitations on the capacity of food dispensing establishments apply to that county, a food delivery service platform provider shall not charge a food dispensing establishment in that county a commission […]
A person who knowingly violates NRS 597.7639, 597.764 or 597.7641 is deemed to have committed a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive. (Added to NRS by 2021, 1700)
