Council approves delivery‑fee compromise allowing optional marketing fees, keeping basic service caps

The New York City Council on May 1, 2025, approved Intro 7‑62‑B, a bill preserving caps on fees that third‑party delivery services may charge restaurants for core delivery services while permitting optional enhanced services — such as marketing — for an additional fee. The bill passed with a recorded vote of 42 in the affirmative and 5 in the negative.

Why it matters: the measure maintains the city’s fee limits for essential delivery services that small and independent restaurants rely on, while allowing restaurants the option to purchase marketing or promotional tools from delivery platforms for an added charge. The measure includes consumer and small‑business safeguards requiring a basic service plan to remain available at the capped rate.

Sponsor and debate: Council Member Rafael Salamanca, who sponsored Intro 7‑62‑B, described the legislation as “a long overdue compromise” negotiated with independent restaurants to preserve fee caps while allowing optional marketing tools. Salamanca said the bill includes “strong safeguards” and aims to give restaurants transparency and the ability to opt in or opt out of enhanced services. Council members voting no said they were concerned about the potential for platforms to pressure restaurants into paid enhancements (vote comments recorded on the roll call transcript).

Implementation: the bill requires delivery platforms to make a basic plan available at the capped rate and to clearly disclose optional enhanced services and fees so restaurants can make an informed choice. Enforcement and any related administrative rules will be handled by the Department of Consumer and Worker Protection and other relevant agencies.

Outcome: Intro 7‑62‑B was adopted as part of the general orders calendar with a recorded vote of 42 yes and 5 no.