STAFF REPORT
Meeting Date: October 3, 2023
To: Honorable Mayor & City Council
From: Cynthia Owens, Municipal Public Affairs Manager
Subject: Potential Revision to the Third-Party Food Delivery Service Ordinance
Attachments: 1. Ordinance No. 23-O-2873
2. Chamber of Commerce Letter
3. Draft Revised Ordinance
INTRODUCTION
On March 7, 2023, the City Council adopted Ordinance No. 23-O-2873 (Attachment 1) to preserve certain emergency regulations the City had in place during the COVID-19 emergency declaration. This included the addition of Title 4 (Regulation of Certain Types of Businesses and Activities) Chapter 4 (Other Regulations for Specific Types of Businesses and Activities) Article 8 ("Third-Party Food Delivery Services") to the Beverly Hills Municipal Code (hereinafter referred to as BHMC 4-4-8), which capped delivery fees, commissions, or costs a third-party food delivery service company could charge a restaurant at 15 percent of the purchase price for core delivery services. Additionally, the ordinance allowed an additional 5 percent of the purchase price to be charged for all other non-delivery fees and costs.
Subsequently, DoorDash approached the City and encouraged the City to adopt an ordinance similar to the ordinance adopted by San Francisco which preserved the 15 percent cap on core delivery services but allowed for restaurants to opt into a higher level of service if they chose to do so. DoorDash was referred to the Chamber of Commerce who supported a conversion to be San Francisco model.
Therefore, this item requests the City Council consider potential revisions to BHMC 4-4- 8 to adopt the San Francisco model which would:
1) Allow restaurants to voluntarily opt in to pay rates of more than five percent of the purchase price to third-party food delivery service companies for additional offerings such as marketing, advertising, search engine optimization, or business consulting
2) Allow businesses to decide if additional fees will be absorbed into their menu prices or passed along to the consumer
3) Establish a termination provision that allows restaurants to terminate their contract with a third party delivery service upon 72 hours’ notice Under this proposal, the City Council would still maintain the provisions for the 15 percent cap for third-party food delivery service companies’ core services, which are considered Meeting Date: October 3, 2023
to be a listing on the website of the third-party delivery service and delivery of the items purchased.
DISCUSSION
On March 15, 2020, the City Manager proclaimed the existence of a local state emergency to ensure the City could effectively respond to the COVID-19 pandemic. The City Council ratified the state of emergency on March 16, 2020. Thereafter, the Council adopted Ordinance No. 20-O-2805, which was superseded from time to time. That ordinance and its amendments implemented emergency regulations to ease financial burdens on businesses and residents and slow the spread of the virus.
On March 7, 2023, the City Council adopted Ordinance No. 23-O-2873 codifying certain emergency regulations that were established during COVID-19 to aid the City’s businesses prior to the City Council declaring an end to the City’s state of emergency on April 18, 2023. This ordinance included the permanent cap of fees a third-party food delivery service company, such as Uber Eats, Postmates and DoorDash, could charge a restaurant and the person they are delivering food to. The restrictions in the ordinance are:
1) A third-party food delivery service is limited to charging 15 percent of the purchase price for delivery fees and 5 percent of the purchase price for all other fees and costs;
2) A third-party food delivery service may not charge customers more than the restaurant’s listed prices and must provide an itemized breakdown of the costs and fees associated with each order; and
3) All tips and gratuity shall be given to the person delivering the food.
The City’s Ordinance was similar to fee limits adopted by the City and County of San Francisco (San Francisco); however, the third-party food delivery service companies filed a lawsuit against San Francisco stating the ordinance impermissibly interfered with their contracts with restaurants, represented an unconstitutional taking of property, violated their due process and equal protection rights, and was intended to retaliate against them for their speech.
In March 2022, U.S. District Judge Edward Chen rejected most of those accusations; however, he acknowledged the ordinance might violate the third-party delivery companies’ constitutional rights or by taking their property or by being confiscatory.
After this ruling was issued, San Francisco worked with the third-party food delivery service companies to develop and pass an ordinance which modified San Francisco’s third-party food delivery service fee restrictions. The fee for the third-party food delivery service companies’ core services would continue to be capped at 15 percent of the total order while allowing companies to charge restaurants more for additional offerings such as marketing, advertising, search engine optimization, or business consulting.
On September 1, 2023, the Beverly Hills Chamber of Commerce (Attachment 2) sent a letter of support for the concept of third-party food delivery service companies offering businesses in Beverly Hills a higher-level service above the core services and allowing those companies to charge a fee higher than 15 percent as long as:
1) Businesses are able to opt in to these services without being penalized if they choose not to opt in.
Meeting Date: October 3, 2023
2) Businesses are able to decide if the fees would be absorbed into their menu prices or if those fees would be passed along to the customer. Should the business decide to pass those fees along to the customer then there should be a clear disclosure to the customer that there is an extra service charge beyond the 15 percent cap.
Therefore, staff is requesting that the City Council consider whether to adopt the San Francisco model, allowing restaurants to opt in to pay rates of more than 5% for additional offerings beyond core delivery services with the small modifications suggested by the Chamber of Commerce. The Beverly Hills ordinance would still require that tips or gratuities will be paid only to the person delivering the food or beverages and a disclosure to the customer of all fees that are being charged to the customer.
FISCAL IMPACT
There are no material fiscal impacts.
RECOMMENDATION
Staff recommends the City Council:
1) Provide direction on potential revisions to the third-party food delivery service ordinance including:
a. Maintaining the 15 percent delivery service cap for third-party food delivery service companies’ core services, which are considered to be a listing on the third-party food delivery service website and delivery of the items purchased;
b. Removing the cap for an additional 5 percent of the purchase price to be charged for all other fees and costs in order to:
i. Allow restaurants to opt in to pay third-party food delivery service companies for additional offerings such as marketing, advertising, search engine optimization, or business consulting which may exceed the 5 percent cap
c. Establish a termination provision that allows restaurants to terminate their contracts with a third-party food delivery service upon 72 hours’ notice; d. Requiring a disclosure to the customer of all charges to the customer; and e. Requiring that all tips and gratuities shall be given to the person delivering the food; and
2) Provide any other direction on this item to staff.
Gabriella Yap
Senior Policy & Management
Administrator, Public Safety
Approved By
Attachment 1
ORDINANCE NO. 23-0- 2873
AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AUTHORIZING THE CITY MANAGER TO REMOVE CERTAIN
CURBSIDE PICKUP ZONES, READOPTING CITY MANAGER
AUTHORITY TO ISSUE PERMITS FOR OUTDOOR DINING,
READOPTING WAIVER OF SPECIAL EVENT PERMIT FEES AND
REQUIREMENTS FOR OUTDOOR DINING AND ADDING ARTICLE
8 TO CHAPTER 4 OF TITLE 4 OF THE BEVERLY HILLS
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:
WHEREAS, international, national, state and local health and governmental authorities have responded to an outbreak of respiratory disease caused by a novel coronavirus named "SARSCoV-2" and the disease it causes has been named "coronavirus disease 2019," abbreviated COVID-19, ("COVID-19"); and
WHEREAS, on March 15, 2020, the City Manager, in his role as the Director of Emergency Services, proclaimed the existence of a local emergency pursuant to Section 2-4- 107 of the Beverly Hills Municipal Code to ensure the availability of mutual aid and an effective City response to the novel coronavirus ("COVID-19") and that state of emergency was ratified by the City Council on March 16, 2020 ("local state of emergency"); and WHEREAS, restaurants located within the City were prohibited from offering dine-in service, limiting restaurants to delivery and takeout offerings only, which placed a sudden and severe financial strain on many restaurants, adding to the financial pressures in the industry that predated the COVID-19 crisis. In response, the City of Beverly Hills adopted measures to try to mitigate the impacts of the pandemic on businesses in the City by waiving certain fees, and authorizing the use of parking spaces and street closures for temporary outdoor dining spaces and pick-up operations, as well as regulating fees imposed on restaurants by Third-Party Food Delivery services; and
WHEREAS, upon the end of the local state of emergency, these measures shall cease to be effective; and
WHEREAS, the City Council finds that designated curbside pickup zones have benefited both local businesses and their consumers, but some zones have also reduced parking availability and increased traffic congestion in the City, been misused by businesses for purposes other than order pick-ups, and may no longer be necessary to support businesses' pick-up operations; and WHEREAS, outdoor dining generates business and creates vibrant community spaces in the City. The City Manager's continued ability to issue street closure and other permits, and the waiver of Special Event Pennit fees and other requirements, will facilitate outdoor dining and benefit both businesses and consumers alike; and
WHEREAS, the use of third-party applications and websites to place orders with restaurants for delivery and takeout remains popular amongst consumers even after in-person dining has resumed; and
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WHEREAS, prior to the City's emergency regulations, third-party platforms often charged restaurants fees ranging from 30% to 40% of the purchase price per order; and WHEREAS, restaurants, and particularly restaurants that are small businesses, have limiting bargaining power to negotiate lower fees with third-party platforms, given the high market saturation of third-party platforms; and
WHEREAS, permanently capping per-order fees will ensure restaurants in the City receive reasonable revenue from orders placed by consumers, while not unduly burdening thirdparty platforms that continue to be in high demand.
Section 1. The City Manager is authorized to review existing curbside pickup zones and remove zones that meet one or more of the following conditions:
1. the curbside pickup zone is no longer reasonably necessary to accommodate the business needs of the nearby businesses;
2. the demand for parking in the immediate area outweighs the demand for a curbside pickup zone;
3. the curbside pickup zone significantly impacts traffic in the area; or
4. a nearby business has misused the curbside pickup zone.
Section 2. The City Manager is authorized to issue street closure permits and any other permits necessary to allow for temporary outdoor dining.
Section 3. The City shall waive fees associated with a Special Event Permit for temporary outdoor dining and shall waive the minimum ten (10) day period for filing an application for a Special Event Permit for temporary outdoor dining.
Section 4. Article 8 ("Third-Party Food Delivery Services") is hereby added to of Chapter 4 (Other Regulations for Specific Types of Businesses and Activities) of Title 4 (Regulation of Certain Types of Businesses and Activities) of the Beverly Hills Municipal Code to read as follows:
"Article 8. Third-Party Food Delivery Services
Section 4-4-801. Definitions.
Delivery Fee: A fee charged by a Third-Party Food Delivery Service for providing a Retail Food Establishment with a service that delivers food and beverages from such establishment to customers. The term does not include any other fee or cost that may be charged by a Third-Paity Food Delivery Service to a Retail Food Establishment, such as fees for listing or advertising the Retail Food Establishment on the Third-Party Food Delivery Service platform or fees related to processing the online order including, but not limited to service fees, fees for facilitating Online Orders for pick-up, and credit card processing fees.
Online Order: An order placed by a customer, including a phone order, for delivery or pick-up from a restaurant located within the City.
R0785-0f)ni\2779l95v2.dnc
Purchase Price: The menu price of the items contained in an Online Order, minus any applicable coupon or promotional discount provided to the customer by the restaurant through the Third-Party Food Delivery Service. Such term therefore excludes taxes, gratuities and any other fees or costs that may make up the total amount charged to the customer of an Online Order.
Retail Food Establishment: A restaurant, delicatessen, bakery, coffee shop, or other eat-in or carryout service of processed or prepared raw and ready-to-eat food or beverages.
Third-Party Food Delivery Service: Any website, mobile application or other internet service that offers or arranges for the sale of food and beverages prepared by, and the delivery or pick-up of food and beverages from no fewer than twenty (20) separately owned and operated food service establishments.
Section 4-4-802. Prohibitions.
It shall be unlawful for a Third-Party Food Delivery Service to do the following:
A. Charge a Retail Food Establishment a Delivery Fee that totals more than fifteen percent (15%) of the Purchase Price of each Online Order.
B. Charge a Retail Food Establishment any amount designated as a Delivery Fee for an Online Order that does not involve the delivery of food or beverages.
C. Charge a Retail Food Establishment any combination of fees, commissions, or costs for the Retail Food Establishment's use of the Third-Party Food Delivery Service that is greater than five percent (5%) of the Purchase Price of each Online Order or to charge any amount of fees, commissions, or costs for the Retail Food Establishment's use of the ThirdParty Food Delivery Service unless the contract between the Retail Food Establishment and the Third-Party Food Delivery Service allows for fees, commissions, and costs other than a Delivery Fee. For the purpose of this subsection, fees, commissions, or costs do not include the Delivery Fee, which is capped at fifteen percent (15%).
D. Charge a Retail Food Establishment any fee, commission, or cost other than as permitted in subsections A through C, above.
E. Charge a customer any Purchase Price for a food or beverage item that is higher than the price imposed by the Retail Food Establishment on the Third-Party Food Delivery Service or, if no price is imposed by the Retail Food Establishment on the Third-Party Food Delivery Service, the price listed on the Retail Food Establishment's own menu.
F. Retain any portion of amounts designated as a tip or gratuity. Any tip or gratuity shall be paid by the Third-Party Food Delivery Service, in its entirety, to the person delivering the food or beverages.
R07X5-00ni\2779l95v2.doc
Section 4-4-803. Disclosures.
The Third-Party Food Delivery Service shall disclose to the customer an accurate, clearly identified, and itemized cost breakdown of each transaction, including, but not limited to the following:
A. The Purchase Price of the food and beverages at the cost listed on the Retail Food Establishment's menu.
B. The Delivery Fee charged to the Retail Food Establishment.
C. Each fee, commission, or cost, other than a Delivery Fee, charged to the Retail Food Establishment.
D. Each fee, commission, or cost, other than the Delivery Fee or the Purchase Price of the food, charged to the customer by the Third-Party Food Delivery Service.
E. Any tip or gratuity that will be paid to the person delivering the food or beverages.
Section 4-4-804. Violations.
If a Third-Party Food Delivery Service charges a Retail Food Establishment fees that violate this Section, the Retail Food Establishment shall provide written notice to the Third-Party Food Delivery Service requesting a refund within seven days. If the Third-Party Food Delivery Service does not provide the refund requested after seven days or the Third-Party Food Delivery Service continues to charge fees in violation of this Section after the initial notice and seven-day cure period, a Retail Food Establishment may enforce this Section by means of a civil action seeking damages and injunctive relief. The prevailing party in any such action shall be entitled to an award of reasonable attorney fees."
Section 5. Sections 1 through 3 of this Ordinance shall not be codified.
Section 6. CEOA. This Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(3) which is the general rule that CEQA applies only to projects which have the potential to cause a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. It can be seen with certainty that granting the City Manager the authority to remove certain curbside pickup zones, and the continued waiver of Special Event Permit fees and requirements and grant of authority to the City Manager to issue permits for temporary outdoor dining, as well as the enactment of regulations on third-party food delivery services will not cause a significant effect on the environment. In addition, these regulations do not constitute a project that is subject to the provisions of CEQA, pursuant to CEQA Guidelines Section 15378(b)(2) and (b)(5).
Section 7. Severabilitv. If any provision of this Ordinance is held invalid by a court of competent jurisdiction, such provision shall be considered a separate, distinct and independent provision and such holding shall not affect the validity and enforceability of the other provisions of this Ordinance.
B0785-0nn I \2779195v2 .Hoc
Section 8. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the city within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk's certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.
Section 9. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
Section 10. Certification. This City Clerk shall certify to the adoption of this Ordinance.
Adopted: March 7, 2023
Effective: April 7, 2023
oe
LILIBOSSE
Mayor of the City of Beverly Hills,
California
ATT-EST:
HUMA AHMEl
City Clerk
_(SEAL)
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
i lcH'
LAURENCE S. WIENER
City Attorney
NANCY[yUNT-COFF]
City Manager
R07R5-n001 \2779195v2.doc
Attachment 2
Dear Honorable Mayor Gold and Councilmembers: September 1, 2023 With regard to third party food delivery service companies such as Door Dash and Uber Eats (“3rd Party Delivery Companies), the City of Beverly Hills’s Ordinance No. 23-0- 2873 currently enforces a fee cap of 15% of the purchase price of goods (“15% Fee Cap”) for a standard level of services to businesses in Beverly Hills since the ordinance was passed (“Standard Service Level”).
The Beverly Hills Chamber of Commerce supports the concept of 3rd Party Delivery Companies offering our businesses a level of service higher than the Standard Service Level (“Higher Service Level”) for a fee greater than the 15% Fee Cap, so long as:
(A) businesses in Beverly Hills can choose, without being penalized, whether or not to accept such a Higher Service Level from 3rd Party Delivery Companies. (B) businesses in Beverly Hills can choose, should they decide to accept this Higher Service Level, whether to absorb the additional fees into their menu prices or pass on the cost to their customers. If a business opts to pass on the cost to its customers, the additional fee shall be clearly disclosed to the customer as an extra service charge beyond the 15% Fee Cap.
Please let us know if there are any questions or if we can be of further assistance.
Sincerely,
Todd Johnson
President and CEO
Beverly Hills Chamber of Commerce
Attachment 3
ORDINANCE NO. 23-OAN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING ARTICLE 8 OF CHAPTER 4 OF TITLE 4 OF
THE BEVERLY HILLS MUNICIPAL CODE TO REGULATE
THIRD-PARTY FOOD DELIVERY SERVICE CHARGES
AND DISCLOSURES
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:
Section 1. Article 8 (“Third-Party Food Delivery Services”) of Chapter 4 (Other Regulations for Specific Types of Businesses and Activities) of Title 4 (Regulation of Certain Types of Businesses and Activities) of the Beverly Hills Municipal Code is hereby amended to read as follows:
“Article 8. Third-Party Food Delivery Services
Section 4-4-801. Definitions.
Delivery Fee: A fee charged by a Third-Party Food Delivery Service for providing a Retail Food Establishment with a service that delivers food and beverages from such establishment to customers.
Core Delivery Service: A service that (1) lists a Retail Food Establishment, and makes the Retail Food Establishment discoverable, on all modalities or platforms offered by a Third-Party Food Delivery Service, including but not limited to any website, mobile application, or other internet service where a Third-Party Food Delivery Service lists Retail Food Establishments, (2) facilitates and/or performs the delivery (through employees or independent contractors of the third-party food delivery service and/or such establishments) of food and/or beverages from Retail Food Establishments to customers, and (3) delivers to all customers of Retail Food Establishments located within the City. Core Delivery Service does not include any other service that may be provided by a Third-Party Food Delivery Service to a Retail Food Establishment, including but not limited to advertising services, search engine optimization, business consulting, or credit card processing.
Online Order: An order placed by a customer, including a phone order, for delivery or pick-up from a Retail Food Establishment located within the City.
Purchase Price: The menu price of the items contained in an Online Order, minus any applicable coupon or promotional discount provided to the customer by the Retail Food Establishment through the Third-Party Food Delivery Service. Such term therefore excludes taxes, gratuities and any other fees or costs that may make up the total amount charged to the customer of an Online Order.
Retail Food Establishment: A restaurant, delicatessen, bakery, coffee shop, or other eat-in or carryout service of processed or prepared raw and ready-to-eat food or beverages.
Third-Party Food Delivery Service: Any website, mobile application or other internet service that offers or arranges for the sale of food and beverages prepared by, and the delivery or pick-up of food and beverages from no fewer than twenty (20) separately owned and operated Retail Food Establishments.
Section 4-4-802. Prohibitions.
It shall be unlawful for a Third-Party Food Delivery Service to do the following:
A. Charge a Retail Food Establishment a Delivery Fee that totals more than fifteen percent (15%) of the Purchase Price of each Online Order.
B. The fee limit in subsection A of this Section shall not apply to a Third-Party Food Delivery Service that does both of the following:
(1) offers all Retail Food Establishments the option to obtain Core Delivery Service for a total fee, commission, or charge not to exceed 15% of the purchase price of the online order, without requiring the purchase of additional services or reducing the area to which they currently deliver; and
(2) no later than January 1, 2024, notifies all Retail Food Establishment that have an existing contract with the Third-Party Food Delivery Service of the option described in subsection B(1).
C. Charge a Retail Food Establishment any amount designated as a Delivery Fee for an Online Order that does not involve the delivery of food or beverages.
D. Charge a Retail Food Establishment any combination of fees, commissions, or costs for the Retail Food Establishment’s use of the Third-Party Food Delivery Service unless the contract between the Retail Food Establishment and the Third-Party Food Delivery Service allows for fees, commissions, and costs other than a Delivery Fee. For the purpose of this subsection, fees, commissions, or costs do not include the Delivery Fee.
E. Charge a Retail Food Establishment any fee, commission, or cost other than as permitted in subsections A through D, above.
F. Take any portion of the tip or gratuity that will be paid to the person delivering the food or beverages.
Section 4-4-803. Disclosures.
The Third-Party Food Delivery Service shall disclose to the customer before the final purchase an accurate, clearly identified, and itemized cost breakdown of each transaction, including, but not limited to the following:
A. The Purchase Price of the food and beverages at the cost listed on the Retail Food Establishment’s menu.
B. Each fee, commission, or cost charged to the customer by the Third-Party Food Delivery Service.
C. Any tip or gratuity that will be paid to the person delivering the food or beverages.
Section 4-4-804. Prohibition on Restricting Restaurant Pricing.
No Third-Party Food Delivery Service may impose on a Retail Food Establishment, by contract or other means, any restrictions on the prices that a Retail Food Establishment may charge for food or beverages, whether sold through a website, app, or other service operated by the Third-Party Food Delivery Service, or sold directly from the restaurant, or through any other means.
Additionally, a Retail Food Establishment may choose whether to absorb any fees above fifteen percent (15%) of the Purchase Price into their menu prices or pass on the cost directly to its delivery customers.
Section 4-4-805. Termination of Services Notice Requirement.
A Third-Party Food Delivery Service shall terminate any service contract with a Retail Food Establishment within 72 hours after the Retail Food Establishment provides oral or written notice of its decision to terminate the contract to an individual contact person designated for communications regarding the termination or amendment of a contract in either the parties’ contract or in the version of the Third-Party Food Delivery Service’s software application used by the Retail Food Establishment, or if no such individual is so specified, to either the individual designated on the website of the California Secretary of State as agent for service of process for the Third-Party Food Delivery Service, or to any officer or local or regional manager of the ThirdParty Food Delivery Service. For purposes of this Section, “written notice” shall include any writing delivered by email, text message or similar message transmitted through phone or software application, facsimile, personal delivery, or mail service.
Section 4-4-806. Documentation of Commissions, Fees, and Terms.
Third-Party Food Delivery Services shall maintain records sufficient to document their compliance with Sections 4-4-802 through 4-4-806, including but not limited to all relevant agreements, invoices, and transaction records, for three years from the date of any related customer transaction.
At any time, a Retail Food Establishment may direct any Third-Party Food Delivery Service to disclose any documents and records required to be retained with respect to any Retail Food Establishment. Any Third-Party Food Delivery Service so directed must disclose specified documents and records to Retail Food Establishment within 72 hours, not counting weekends or holidays.
Section 4-4-807. Violations.
If a Third-Party Food Delivery Service is in violation of this Article, including charging a Retail Food Establishment fees that violate this Article, the Retail Food Establishment shall provide written notice to the Third-Party Food Delivery Service requesting compliance with this Article, and a refund of excessive fees if applicable, within seven days. If the Third-Party Food Delivery Service does not take action to comply with this Article, or provide the refund requested if applicable, after seven days or the Third-Party Food Delivery Service continues to violate the terms of this Article after the initial notice and seven-day cure period, a Retail Food Establishment may enforce this Article by means of a civil action seeking damages and injunctive relief. The prevailing party in any such action shall be entitled to an award of reasonable attorney fees.
Section 2. This Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) which is the general rule that CEQA applies only to projects which have the potential to cause a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. It can be seen with certainty that the enactment of regulations on third-party food delivery services will not cause a significant effect on the environment. In addition, these regulations do not constitute a project that is subject to the provisions of CEQA, pursuant to CEQA Guidelines Section 15378(b)(2) and (b)(5).
Section 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or circumstance, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect.
Section 4. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the city within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk’s certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.
Section 5. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
Section 6. Certification. The City Clerk shall certify to the adoption of this Ordinance.
Adopted:
Effective:
JULIAN A. GOLD
Mayor of the City of
Beverly Hills, California
ATTEST:
_______________________________(SEAL)
HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER
City Attorney
NANCY HUNT-COFFEY
City Manager