During a critical time in the pandemic when restaurants were struggling to find ways to continue to stay open and pay staff and residents were looking for ways to access already cooked food, the Board of Supervisors adopted a proposal by Supervisor Simitian and his colleague to place a temporary cap on commissions and fees third-party food delivery services charged local restaurants. The Urgency Ordinance applied throughout Santa Clara County, including all 15 incorporated cities and the unincorporated County, except in cities with a more restrictive cap on order and delivery fees (the more restrictive provision/ordinance applies).
The ordinance capped delivery service fees charged by third party delivery at 15% of the value of an order, and the fees for order and listing services (pickup/takeout) at 10% of the value of an order. The costs of compliance could not be imposed on delivery workers and the ordinance allowed enforcement through civil action by restaurants or delivery workers in the courts.
