Now that the mayor has declared an end to the civil emergency order, Ordinance 126639 passed by the Seattle City Council and signed by the mayor in August is now in effect.
As a reminder, a food delivery platform cannot charge more than 15% for delivery services as defined by Seattle Municipal Code (SMC) 7.30.020 because delivery to any location in Seattle is governed by the 15% cap. Instead, the restaurant can agree to pay more for additional services beyond delivery services such as advertising, search engine optimization and other services.
Existing contracts that do not comply with the ordinance are subject to a civil infraction. If there is no existing contract, a food delivery platform must offer a 15% package, and the restaurant can opt to have an agreement with services beyond delivery services for more than 15%.
Food delivery platforms may charge a higher fee for delivery only to locations other than any location within Seattle city limits, such as Bellevue or Shoreline. While the ordinance does not require a mandatory minimum delivery radius or prevent food delivery platforms from charging restaurants more for delivery to locations outside the city, it does require fees for delivery within city limits to be capped at 15%, no matter what delivery radius is included in the food delivery platform agreement.
If a delivery service has offered a larger delivery radius at a commission rate above 15% that does not include neighboring cities, they are in violation of the ordinance. If you feel you are being offered a contract that violates this code, please file a complaint with consumerprotection@seattle.gov.