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Third-Party Food Vendor
Transparency Program


 

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Denver’s restaurants are part of the cultural fabric of our neighborhoods. They provide jobs and contribute to the tax base. The economic crisis caused by COVID-19 has been particularly devastating to many restaurants.

Due to COVID-19 restrictions, many restaurants use third-party platforms to support the delivery of their food to customers. These third-party delivery platforms charge customers and restaurants fees and commissions. However, the City and County of Denver (CCD) has discovered some platforms charging excessive fees and listing restaurants without their knowledge. As a result, the Denver City Council enacted an ordinance regulating fees and increasing transparency of third-party food delivery platforms.

 

Beginning Oct. 9, 2020, through Feb. 9, 2021, in the City and County of Denver, retail food establishments may submit a complaint via this online portal for any violation of the six areas defined in this ordinance:

  1. Retail Food Establishment Consent -- Third-party food delivery platforms cannot list a retail food establishment's information on their platform without written consent. 
  2. Delivery Charges -- Third-party food delivery platforms cannot assess commission fees of more than 15% of the total purchase price or menu price of an online order, excluding gratuities, taxes, and other fees.
  3. Delivery Wage Garnishment -- Third-party food delivery platforms cannot garnish tips or lower the wages of a delivery person to compensate for any diminished revenues that result from the establishment of this Ordinance.
  4. Additional Fees -- Third-party food delivery platforms cannot charge additional fees that retail food establishments have not voluntarily agreed to pay.
  5. Transparency of Transaction -- Third-party food delivery platforms must provide to the end consumer a receipt that conveys in a clear, transparent, and plain language all fees for  both the retail food establishment and the end-consumer charged by the third-party food delivery platform.
  6. Telephone Charges -- Third-party providers cannot charge retail food establishment any fee for phone calls made by customers through their platforms unless those calls result in an order.

Violations of this article will subject the third-party platform to a possible civil penalty of up to but not more than $999.00 per violation, each day a violation occurs.

If your retail food establishment feels you have experienced a violation of this article, please use the below online portal to file a complaint with the Denver Department of Finance Treasury Tax Compliance Division. If necessary, a member of the team will contact you via the email address you provide for more information. A summary of the findings of the investigation will also be shared.