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- 83rd Session (2025)
Assembly Bill No. 116–Assemblymember Torres-Fossett
CHAPTER..........
AN ACT relating to trade practices; prohibiting a food delivery
service platform provider from facilitating an online food
order involving a food dispensing establishme nt who has not
obtained certain required licenses; prohibiting such a food
dispensing establishment from accepting an online food
order; requiring a food delivery service platform provider to
remove such a food dispensing establishment from the food
delivery service platform of the provider under certain
circumstances; providing penalties; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law sets forth various requirements and restrictions concerning food
delivery service platforms, which existing law defines to mean an Internet website,
online service or mobile application which allows users to purchase food from
multiple food dispensing establishments and arrange for the same -day delivery or
same-day pickup of such food. (NRS 597.7625-597.7642) Existing law designates a
person who operates such a platform as a food delivery service platform provider.
(NRS 597.7628) Existing law defines “food dispensing establishment” to mean, in
general, a food establishment tha t prepares and serves food intended for immediate
consumption. (NRS 597.7629)
Under existing law, a food delivery service platform provider is prohibited
from facilitating an online food order involving a food dispensing establishment,
including, without limitation, arranging for the same -day delivery or same -day
pickup of food prepared by a food dispensing establishment, unless the food
delivery service platform provider has entered into a written agreement with the
food dispensing establishment authorizing such activities. (NRS 597.7635)
This bill prohibits a food delivery service platform provider from facilitating an
online food order involving a food dispensing establishment unless the food
dispensing establishment has obtained any business license required by the local
government in which the food dispensing establishment is located which authorizes
the food dispensing establishment to conduct business at the address at which the
food dispensing establishment prepares the online food order.
This bi ll also prohibits a food dispensing establishment from accepting an
online food order facilitated by a food delivery service platform provider unless the
food dispensing establishment has obtained any business license required by the
local government in which the food dispensing establishment is located which
authorizes the food dispensing establishment to conduct business at the address at
which the food dispensing establishment prepares t he online food order. Under this
bill, a food dispensing establishment who violates this prohibition or provides to the
food delivery service platform provider false or misleading information regarding
the business license of the food dispensing establishm ent is subject to a civil
penalty not to exceed $100 for each online food order which the food dispensing
establishment fills in violation of the prohibition.
Finally, this bill requires a food delivery service platform provider to remove a
food dispensin g establishment from the platform of the food delivery service
platform provider if the food delivery service platform provider receives specific,
verifiable information that the food dispensing establishment has accepted an
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online food order in violation of the provisions of this bill or has provided to the
food delivery service platform provider false or misleading information regarding
the business license of the food dispensing establishment. This bill provides that a
food delivery service platform prov ider who fails to remove the food dispensing
establishment from the platform of the food delivery service platform provider is
subject to a civil penalty not to exceed $500 for each day that the food dispensing
establishment remains on the platform after t he 10th day after the food delivery
service platform provider receives the information.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 597.7635 is hereby amended to read as
follows:
597.7635 1. A food delivery service platform provider shall
not facilitate an online food order involving a food dispensing
establishment, including, without limitation, arranging for the same-
day delivery or same -day pickup of food prepared by a food
dispensing establishment, unless [the] :
(a) The food dispensing establishment has obtained any
business license required by the local government in which the
food dispensing establishment is located which authorizes the food
dispensing establishment to conduct business at the address at
which the food dispensing establishment prepares the online food
order; and
(b) The food delivery service platform provider has entered into
a written agr eement with the food dispensing establishment that
expressly authorizes the food delivery service platform provider to
engage in such activities.
2. A food dispensing establishment shall not accept an online
food order facilitated by a food delivery serv ice platform provider
unless the food dispensing establishment has obtained any
business license required by the local government in which the
food dispensing establishment is located which authorizes the food
dispensing establishment to conduct business a t the address at
which the food dispensing establishment prepares the online food
order. A food dispensing establishment who violates this
subsection or provides to the food delivery service platform
provider false or misleading information regarding the b usiness
license of the food dispensing establishment is subject to a civil
penalty not to exceed $100 for each online food order which the
food dispensing establishment fills in violation of this subsection.
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3. A food delivery service platform provider w ho receives
specific, verifiable information that a food dispensing
establishment has violated subsection 2 or has provided to the food
delivery service platform provider false or misleading information
regarding the business license of the food dispensing
establishment shall, not later than 10 days after receiving that
information, remove the food dispensing establishment from the
food delivery service platform of the food delivery service platform
provider. A food delivery service platform provider who vi olates
the provisions of this subsection is subject to a civil penalty not to
exceed $500 for each day that the food dispensing establishment
remains on the food delivery service platform of the food delivery
service platform provider after the 10th day af ter the food delivery
service platform provider receives the information described in
subsection 3.
Sec. 2. This act becomes effective on January 1, 2026.
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