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Chapter 5.91

Palm Springs Municipal Code · 2026-07 edition · updated 2026-09-27 · Palm Springs

REGULATION OF THIRD PARTY FOOD DELIVERY CHARGES

§ 5.91.010. Definitions.

For purposes of this chapter, the following definitions apply.

"City" means the city of Palm Springs.

"Core delivery service" means a service that lists a Retail Food Establishment and makes the Retail Food Establishment discoverable on all modalities or platforms offered by a third-party meal delivery platform, including any website, mobile application, or other internet service where a third-party meal delivery platform lists Retail Food Establishments and facilitates or performs the delivery through employees or independent contractors of the third-party meal delivery platform of food or beverages from Retail Food Establishments to customers. The term "core delivery service" does not include any other service that may be provided by a thirdparty meal delivery platform to a Retail Food Establishment, including advertising or other promotional services, search engine optimization, business consulting, or credit card processing.

"Delivery fee" means 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-party 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" means an order placed by a customer through or with the assistance of a platform provided by a Third-Party Food Delivery Service, including a telephone order, for delivery or pick-up within the city.

"Purchase price" means the price, as listed on the menu, for 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. This definition does not include 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" means a restaurant, delicatessen bakery, coffee shop, or other eat-in or carry-out service of processed or prepared and ready-to-eat food or beverages.

"Third-party food delivery service" means 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 20 retail food establishments located in the city that are each owned and operated by different persons. (Ord. 2084, 10/12/2023)

§ 5.91.020. Regulations.

  • (a) It shall be unlawful for a Third-party Food Delivery Service to charge a Retail Food Establishment a delivery fee that totals more than 15 percent of the purchase price of each online order. The fee limits in this subsection (a) and subsection (c) shall not apply to a third-party meal delivery platform that:

    • (1) Offers all Retail Food Establishments the option to obtain core delivery service for a

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.91.020

§ 5.91.030

total fee, commission, or charge that is no more than 15 percent of the purchase price of the online order, without requiring the purchase of additional services; and

  • (2) Within 30 days following the effective date of this chapter, notifies all Retail Food Establishments that have an existing agreement with the third-party meal delivery platform of the option described in paragraph (1) of this subsection.

  • (b) It shall be unlawful for a Third-party Food Delivery Service to 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, or both.

  • (c) It shall be unlawful for a Third-party Food Delivery Service to 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 of the purchase price of each online order. Fees, commissions, or costs do not include delivery fee.

  • (d) It shall be unlawful for a Third-party Food Delivery Service to charge a Retail Food Establishment any fee, commission, or cost that is to be paid to the Third-party Food Delivery Service, other than as permitted in subsections (a) through (c) above.

  • (e) It shall be unlawful for a Third-party Food Delivery Service to charge a customer any purchase price for a food or beverage item that is higher than the price set by the Retail Food Establishment on the Third-Party Food Delivery Service or, if no price is set by the Retail Food Establishment on the Third-Party Food Delivery Service, the price listed on the Retail Food Establishment's own menu.

  • (f) It shall be unlawful for a Third-party Food Delivery service to retain any portion of amounts designated as a tip or gratuity. Any tip or gratuity shall be paid by the Third-party Delivery Service, in its entirety, to the person delivering the food or beverages.

  • (g) As an example, except as provided for in subsection (a) of this Section 5.91.020, if a customer orders a meal that is advertised for $10.00 on the Third-party Food Delivery Service's app., the Third-party Food Delivery Service cannot charge the customer more than $10.00 for the meal. Nor can the Third-party Food Delivery Service charge the restaurant more than $1.50 as a delivery fee. Nor can the Third-party Food Delivery Service charge the restaurant more than $0.50 as a fee or commission for the restaurant's placement on the Third-party Food Delivery Service's app. Finally, if the customer agrees to provide the delivery person a $2.00 tip, that tip must go to the delivery person; not the Third-party Food Delivery Service company.

  • (Ord. 2084, 10/12/2023)

§ 5.91.030. 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;

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City of Palm Springs, CA

PALM SPRINGS CODE

§ 5.91.030

§ 5.91.040

  • (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; and

  • (e) Any tip or gratuity that will be paid to the person delivering the food or beverages. (Ord. 2084, 10/12/2023)

§ 5.91.040. Enforcement.

A violation of this chapter shall subject the violator to the following:

  • (a) A civil action in the Superior Court of the state of California to recover all actual damages resulting from a violation of this chapter.

  • (b) Reasonable attorneys' fees and costs awarded by a court to a plaintiff that prevails in an action against a Third-party Food Delivery Service. If plaintiff fails to prevail against a Third-party Food Delivery Service, a court may award reasonable attorneys' fees and costs to the Third-party Food Delivery Service upon a determination by the court that the plaintiff's action was frivolous.

  • (c) A civil action alleging a violation of any provision of this chapter shall commence only after the following requirements have been met:

    • (1) Written notice is provided to the Third-party Food Delivery Service of the provisions of this chapter alleged to have been violated and the facts to support the alleged violation; and

    • (2) The Third-party Food Delivery Service is provided 15 days from the date of the written notice to cure any alleged violation.

  • (d) Notwithstanding any provision of this code, or any other ordinance to the contrary, no criminal penalties shall attach for violation of this chapter, nor shall it be enforced as a violation of a city ordinance. Enforcement of this chapter shall be solely through a private cause of action. Neither the city nor its staff is responsible for enforcement of this chapter.

  • (Ord. 2084, 10/12/2023)

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.92.010

§ 5.92.010

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▸Contents — Palm Springs Municipal Code
Palm Springs Municipal Code
  1. Article IV — CITY COUNCIL APPOINTED OFFICERS; CITY MANAGER AND…
  2. Article V — OFFICERS AND EMPLOYEES
  3. Article VII — PERSONNEL SYSTEM
  4. Title 1
  5. Title 2
  6. Chapter 2.02 — MUNICIPAL ELECTIONS
  7. Chapter 2.04 — COUNCIL
  8. Chapter 2.05 — APPEAL TO CITY COUNCIL
  9. Chapter 2.06
  10. Chapter 2.08 — CITY MANAGER
  11. Chapter 2.12
  12. Chapter 2.16
  13. Chapter 2.18 — PARKS AND RECREATION COMMISSION
  14. Chapter 2.20 — DISASTER COUNCIL
  15. Chapter 2.22 — VILLAGEFEST BOARD
  16. Chapter 2.24 — PUBLIC ARTS COMMISSION
  17. Chapter 2.28 — SUSTAINABILITY COMMISSION
  18. Chapter 2.29 — PLANNING COMMISSION
  19. Chapter 2.32 — PUBLIC LIBRARY
  20. Chapter 2.40 — PERSONNEL
  21. Chapter 2.45 — HUMAN RIGHTS COMMISSION
  22. Chapter 2.50 — ADMINISTRATIVE APPEALS BOARD
  23. Chapter 2.55 — OFFICE OF NEIGHBORHOODS
  24. Chapter 2.59
  25. Chapter 2.60 — PUBLIC INTEGRITY
  26. Chapter 2.65 — COMMERCIAL DISTRICT FORMATION
  27. Title 3
  28. Chapter 3.35 — CANNABIS AND MARIJUANA TAX
  29. Chapter 3.04 — FUNDS
  30. Chapter 3.08 — INVESTMENT OF MONEYS AND FUNDS
  31. Chapter 3.16
  32. Chapter 3.22 — SALES AND USE TAX
  33. Article II — Transactions and Use Tax (Measure D)
  34. Chapter 3.24 — TRANSIENT OCCUPANCY TAX
  35. Chapter 3.29
  36. Chapter 3.30
  37. Chapter 3.32 — UTILITY USER TAX
  38. Chapter 3.34 — PARKING TAX
  39. Chapter 3.36
  40. Chapter 3.37 — PUBLIC ARTS FEE, FUND AND PROGRAM
  41. Chapter 3.38 — JOB CREATION INCENTIVE PROGRAM
  42. Chapter 3.40 — GENERAL PROVISIONS
  43. Chapter 3.48 — REQUIREMENTS—EXEMPTIONS
  44. Chapter 3.52 — ISSUANCE OF LICENSES
  45. Chapter 3.56 — PAYMENT—COLLECTION
  46. Chapter 3.60 — ASSESSMENTS IN CERTAIN CASES
  47. Chapter 3.64 — ENFORCEMENT
  48. Chapter 3.72 — RECORDS CONFIDENTIAL
  49. Chapter 3.76 — VIOLATIONS
  50. Chapter 3.80 — BUSINESS LICENSE TAX RATES—GENERALLY
  51. Chapter 3.84 — FIXED LICENSE RATES
  52. Chapter 3.88 — GRADUATED SCALE TAX RATES
  53. Chapter 3.90 — GRADUATED SCALE WITH MINIMUM TAX
  54. Chapter 3.94
  55. Chapter 3.96 — LICENSE TAXES COMPUTED ON GROSS RECEIPTS BASIS
  56. Title 4
  57. Chapter 4.04 — RENT REVIEW COMMISSION
  58. Chapter 4.10 — RENT STABILIZATION
  59. Title 5
  60. Chapter 5.02 — SECURITY ALARM SYSTEMS
  61. Chapter 5.03
  62. Chapter 5.04 — AUCTION SALES
  63. Chapter 5.08 — CABARETS
  64. Chapter 5.20 — HANDBILLS
  65. Chapter 5.22 — HOME OCCUPATIONS
  66. Chapter 5.24 — HOTEL REGISTRATION
  67. Chapter 5.25 — VACATION RENTALS
  68. Chapter 5.26 — HOTEL OPERATIONS INCENTIVE PROGRAM
  69. Chapter 5.27 — HOTEL OPERATIONS INCENTIVE PROGRAM
  70. Chapter 5.28 — ICE VENDING MACHINES
  71. Chapter 5.36 — NOVELTY SALES AT SPECIAL EVENTS
  72. Chapter 5.38 — MANAGED PARKING
  73. Chapter 5.40 — PASSENGER CARRIERS
  74. Article I — General Provisions
  75. Article II — Pedicab Owners
  76. Article III — Pedicab Drivers
  77. Article IV — Pedicab Vehicles
  78. Article V
  79. Article VI
  80. Article VII — Enforcement
  81. Article VIII
  82. Chapter 5.42 — ESCORTS AND ESCORT BUREAUS
  83. Chapter 5.44
  84. Chapter 5.48
  85. Chapter 5.52 — PRIVATE PATROLS
  86. Chapter 5.55
  87. Chapter 5.56 — PSYCHIC ACTIVITIES
  88. Chapter 5.58 — GARAGE, PATIO AND YARD SALES
  89. Chapter 5.60 — BUSINESS CLOSING SALES
  90. Chapter 5.64 — SEARCHLIGHT OPERATIONS
  91. Chapter 5.68 — SOUND TRUCKS
  92. Chapter 5.72 — MISCELLANEOUS BUSINESSES REGULATED
  93. Chapter 5.75 — EVENT HOUSES
  94. Chapter 5.76
  95. Chapter 5.77
  96. Chapter 5.78 — LANDSCAPE RELATED BUSINESSES
  97. Chapter 5.79 — STATE VIDEO FRANCHISE HOLDERS
  98. Chapter 5.81
  99. Chapter 5.83
  100. Chapter 5.85
  101. Chapter 5.87
  102. Chapter 5.89 — SIDEWALK VENDING
  103. Chapter 5.91
  104. Chapter 5.92 — CO-OWNED MANAGED HOUSING
  105. Title 6
  106. Chapter 6.04 — WASTE DISPOSAL AND DIVERSION
  107. Chapter 6.05
  108. Chapter 6.06 — RESTAURANT INSPECTION AND GRADING
  109. Chapter 6.07 — REGULATION OF FOOD HANDLERS
  110. Chapter 6.08 — NUISANCES
  111. Chapter 6.09
  112. Chapter 6.10
  113. Chapter 6.11 — TOBACCO RETAILER PERMITS
  114. Chapter 6.12
  115. Chapter 6.14 — PUBLIC SWIMMING POOLS AND SPAS
  116. Chapter 6.15 — MOBILE FOOD VENDING VEHICLES
  117. Title 7
  118. Chapter 7.07 — CONTRACT ADMINISTRATION
  119. Chapter 7.01 — GENERAL PROVISIONS
  120. Chapter 7.03 — PROCUREMENT REQUIREMENTS
  121. Chapter 7.04 — PROCUREMENT EXEMPTIONS
  122. Chapter 7.05 — CONTRACTS
  123. Chapter 7.06 — CONTRACT CHANGES
  124. Chapter 7.07 — CONTRACT ADMINISTRATION
  125. Chapter 7.08 — DISPOSITION OF SURPLUS PROPERTY
  126. Title 8
  127. Article I — Building Codes
  128. Article II — Building Security Regulations
  129. Article III
  130. Article IV — Palm Springs Building Administrative Code
  131. Article V — Undergrounding of Utilities
  132. Article VI — Fire Code
  133. Article VIII — Displacement Payments to Tenants
  134. Article IX
  135. Article I — General Provisions
  136. Article II
  137. Article III
  138. Article IV
  139. Article V — Historic Preservation on Tribal Lands
  140. Chapter 8.30 — MUNICIPAL SOLAR UTILITY
  141. Chapter 8.32 — MSU LEASEHOLD MARKETING
  142. Chapter 8.40
  143. Chapter 8.50 — FUGITIVE DUST CONTROL
  144. Chapter 8.60 — WATER EFFICIENT LANDSCAPING
  145. Chapter 8.68 — FLOOD DAMAGE PREVENTION
  146. Chapter 8.70 — STORMWATER MANAGEMENT AND DISCHARGE CONTROLS
  147. Chapter 8.80 — VACANT BUILDINGS AND BOARDING REGULATIONS
  148. Chapter 8.90 — TRANSPORTATION UNIFORM MITIGATION FEE
  149. Chapter 8.95 — MSHCP MITIGATION FEE
  150. Chapter 8.100
  151. Chapter 8.105 — ELECTRIC VEHICLE CHARGING STATION STREAMLINED …
  152. Title 9
  153. Chapter 9.60 — GENERAL PROVISIONS
  154. Chapter 9.65 — IMPROVEMENT SECURITY
  155. Chapter 9.66 — REVERSIONS
  156. Chapter 9.67 — ENFORCEMENT—JUDICIAL REVIEW
  157. Chapter 9.68 — VESTING TENTATIVE MAPS
  158. Chapter 9.69 — CANYON AREA IMPACT FEES
  159. Title 10
  160. Chapter 10.04 — DEFINITIONS
  161. Chapter 10.18 — DANGEROUS AND VICIOUS ANIMALS
  162. Chapter 10.12 — ANIMAL CONTROL OFFICER
  163. Chapter 10.18 — DANGEROUS AND VICIOUS ANIMALS
  164. Chapter 10.22 — UNATTENDED ANIMALS IN ENCLOSED VEHICLES
  165. Title 11
  166. Chapter 11.08 — DISORDERLY CONDUCT
  167. Chapter 11.76 — UNCLAIMED PROPERTY
  168. Chapter 11.03 — PUBLIC SAFETY RADIO SYSTEM COVERAGE
  169. Chapter 11.04 — UNSAFE CONDUCT
  170. Chapter 11.06
  171. Chapter 11.08 — DISORDERLY CONDUCT
  172. Chapter 11.10 — PUBLIC NUDITY
  173. Chapter 11.13 — BINGO PERMITS
  174. Chapter 11.20 — EXPLOSIVES
  175. Chapter 11.28 — CIVIL DISPUTES
  176. Chapter 11.30 — MUNICIPAL BUS SYSTEM
  177. Chapter 11.32 — MUNICIPAL GOLF COURSE
  178. Chapter 11.36 — WILDLIFE PROTECTION
  179. Chapter 11.40 — ENCAMPMENTS ON PUBLIC PROPERTY
  180. Chapter 11.44 — PARKS AND RECREATION AREAS
  181. Chapter 11.48 — SCHOOL GROUNDS
  182. Chapter 11.56 — CURFEW AND TRUANCY
  183. Chapter 11.60 — OCCUPANCY OF HOTEL ROOMS BY MINORS
  184. Chapter 11.64 — TRESPASS
  185. Chapter 11.70 — GRAFFITI
  186. Chapter 11.72 — PUBLIC NUISANCES
  187. Chapter 11.74 — NOISE ORDINANCE
  188. Chapter 11.76 — UNCLAIMED PROPERTY
  189. Chapter 11.80 — ABANDONED VEHICLES
  190. Chapter 11.82 — POLICE TOW SERVICES STANDARDS
  191. Chapter 11.84 — FALSE STATEMENTS
  192. Chapter 11.88 — TAPPING TELEVISION CABLES
  193. Chapter 11.90
  194. Chapter 11.96
  195. Chapter 11.100 — ABANDONMENT OF SHOPPING CARTS
  196. Chapter 11.102
  197. Title 12
  198. Chapter 12.08 — ADMINISTRATION
  199. Chapter 12.24 — TURNING MOVEMENTS
  200. Chapter 12.12 — ENFORCEMENT—OBEDIENCE
  201. Chapter 12.16 — TRAFFIC CONTROL DEVICES
  202. Chapter 12.20 — SPECIAL SPEED ZONES
  203. Chapter 12.24 — TURNING MOVEMENTS
  204. Chapter 12.28 — STOPPING, STANDING AND PARKING
  205. Chapter 12.40 — MUNICIPAL AIRPORT LOT NO. 3
  206. Chapter 12.44 — STOP INTERSECTIONS
  207. Chapter 12.48 — YIELD RIGHT-OF-WAY SIGNS
  208. Chapter 12.52 — ONE-WAY STREETS AND ALLEYS
  209. Chapter 12.56 — RESTRICTED USE OF CERTAIN STREETS
  210. Chapter 12.60 — LOADING ZONES
  211. Chapter 12.64 — DRIVING RULES
  212. Chapter 12.68 — PEDESTRIANS
  213. Chapter 12.80 — TEMPORARY STREET CLOSURE NECESSITATED BY ASSEM…
  214. Chapter 12.84 — GOLF CARTS
  215. Chapter 12.90
  216. Title 14
  217. Chapter 14.04 — STREET NUMBERS
  218. Chapter 14.08 — STREET NAME CHANGES
  219. Chapter 14.12 — STREET NAMES FOR TRAILER PARKS
  220. Chapter 14.16 — ENCROACHMENTS
  221. Chapter 14.20 — MOVING BUILDINGS
  222. Chapter 14.24 — WATER AND RUBBISH IN STREETS
  223. Chapter 14.26
  224. Chapter 14.28 — WIRELESS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY
  225. Title 15
  226. Chapter 15.08 — DEFINITIONS
  227. Chapter 15.14 — REQUIRED USE OF SEWERS
  228. Chapter 15.04 — GENERAL PROVISIONS
  229. Chapter 15.12 — ENFORCEMENT
  230. Chapter 15.14 — REQUIRED USE OF SEWERS
  231. Chapter 15.28 — SEWER USE REGULATIONS
  232. Chapter 15.32 — REGULATION OF WATER WELLS
  233. Title 16
  234. Chapter 16.02
  235. Chapter 16.04 — GENERAL RULES AND REGULATIONS
  236. Chapter 16.06
  237. Chapter 16.08 — FIXED BASE OPERATOR
  238. Chapter 16.10
  239. Chapter 16.12
  240. Chapter 16.14
  241. Chapter 16.16
  242. Chapter 16.18
  243. Chapter 16.20 — AIRCRAFT STORAGE OPERATOR (SASO)
  244. Chapter 16.22
  245. Chapter 16.24
  246. Chapter 16.26
  247. Chapter 16.28
  248. Chapter 16.30 — PRIVATE FLYING CLUB
  249. Chapter 16.32
  250. Chapter 16.34
  251. Chapter 16.36
  252. Chapter 16.37
  253. Chapter 16.38
  254. Chapter 16.39
  255. Chapter 16.40
  256. Title CR
  257. Chapter 91.00
  258. Chapter 92.00
  259. Chapter 93.00
  260. Chapter 94.00

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