N.Y. General Business Law § 391-w: Unauthorized 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.