Deliverers such as GrubHub, UberEats and DoorDash would have to adhere to a rule that caps their fees at 10% of the cost of a takeout order. If their fee exceeds 10%, they would have to be listed as partners of establishments holding liquor licenses.
Or they could opt for a flat fee for each delivery.
“Under our view of the law, they should not charge anything percentage-wise,” SLA Chairman Vincent Bradley said during a 90-minute hearing. He noted the SLA allows restaurant landlords to collect up to 10% of an establishment’s liquor revenue but anything more than that is considered “profiting” from a liquor license and, therefore, would require registering as a liquor license partner.
Tech companies hate the idea, saying becoming partners on a license would expose them to new legal liabilities and responsibilities.
But Robert Bookman, counsel for the New York City Hospitality Alliance, a restaurant trade group, says delivery companies are taking a bite out of their business. The current law is clear, he says. “You get a percentage, you’re on the license. It’s not that complicated.”