Bans unauthorized restaurant reservation arrangement by third-party reservation service.

A3318 1R

[First Reprint]

ASSEMBLY, No. 3318

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman WILLIAM B. SAMPSON, IV

District 31 (Hudson)

Assemblywoman� KATIE BRENNAN

District 32 (Hudson)

Assemblyman� CLINTON CALABRESE

District 36 (Bergen and Passaic)

Senator� KRISTIN M. CORRADO

District 40 (Bergen, Essex and Passaic)

Senator� JOSEPH A. LAGANA

District 38 (Bergen)

Co-Sponsored by:

Assemblywoman Murphy, Assemblyman Bhalla, Assemblywomen
Peterpaul, Donlon, Senators Gopal and Polistina

SYNOPSIS

���� Bans unauthorized restaurant reservation arrangement
by third-party reservation service.

CURRENT VERSION OF TEXT

���� As amended by the Senate on March 23, 2026.

��

An Act
concerning restaurant reservations and supplementing
P.L.1960, c.39 (C.56:8-1 et seq.).

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

����
1
[
1. a.� As used
in this act:

���� ��Food service establishment�
means a place where food is provided for individual portion service directly to
the consumer whether that food is provided free of charge or sold, and whether
consumption occurs on or off the premises or is provided from a pushcart,
stand, or vehicle.

���� �Third-party restaurant
reservation service� means any website, mobile application, or other internet
service that: offers or arranges for reserving on-premises service for a
customer at a food service establishment; and that is owned and operated by a person
other than the person who owns the food service establishment.� A third-party
restaurant reservation service shall not include any reservation distribution
channels that are authorized to distribute reservations by way of a contractual
relationship with either the applicable food service establishment or a
contractual designee of the food service establishment who obtained reservation
distribution rights directly from the food service establishment.

���� b.��� A third-party restaurant
reservation service shall not advertise, list, promote, or sell reservations
for a food service establishment through the website, mobile application, or
other platform of the third-party restaurant reservation service without a written
agreement between the third-party restaurant reservation service and the food
service establishment to include reservations at the food service establishment
on the website, mobile application, or other platform of the third-party
restaurant reservation service.

���� c.���� (1) Any person who
violates, or causes another person to violate, a provision of this act, shall
be subject to a civil penalty that shall not exceed $500 for each violation, to
be collected in a civil action by a summary proceeding under the �Penalty Enforcement
Law of 1999,� P.L.1999, c.274 (C.2A:58-10 et seq.).� A violation by a person
under this act shall accrue on a daily basis for each day and for each food
service establishment with respect to which a violation of this act was
committed.� The Superior Court shall have jurisdiction of proceedings for the
enforcement of the penalty provided by this section.

���� (2) Any person charged fees by
a third-party restaurant reservation service that with respect to a reservation
advertised, listed, promoted, or sold in violation of this act, or food service
establishment which a third-party restaurant reservation service listed,
advertised, promoted, or sold a reservation in violation of this act, may bring
a civil action in the Superior Court for:

���� (a) injunctive relief to
restrain or enjoin any activity in violation of this act;

���� (b) actual damages not to
exceed the total fees collected by the third-party restaurant reservation
service in violation of this act;

���� (c) attorney's fees and costs;
and

���� (d) any other remedy as the
court may deem appropriate.

���� (3) Any action alleging a
violation of this act shall be brought within one year after the alleged
violation of this act occurs.
]
1

����
1
1.�� a.�
As used in this act:

���� �
Food service
establishment� means a place where food is provided for individual portion
service directly to the consumer whether that food is provided free of charge
or sold, and whether consumption occurs on or off the premises or is provided
from a pushcart, stand, or vehicle.

����
�Third-party restaurant
reservation service� means any website, mobile application, or other internet
service that: offers or arranges for reserving on-premises service for a
customer at a food service establishment; and that is owned and operated by a person
other than the person who owns the food service establishment.� A third-party
restaurant reservation service shall not include any reservation distribution
channels that are authorized to distribute reservations by way of a contractual
relationship with either the applicable food service establishment or a
contractual designee of the food service establishment who obtained reservation
distribution rights directly from the food service establishment.

����
b.��� A third-party
restaurant reservation service shall not advertise, list, promote, or sell
reservations for a food service establishment through the website, mobile
application, or other platform of the third-party restaurant reservation
service without a written agreement between the third-party restaurant
reservation service and the food service establishment to include reservations
at the food service establishment on the website, mobile application, or other
platform of the third-party restaurant reservation service.

����
c.���� (1)� Any person who
violates, or causes another person to violate, a provision of this act, shall
be subject to a civil penalty that shall not exceed $500 for each violation, to
be collected in a civil action by a summary proceeding under the �Penalty Enforcement
Law of 1999,� P.L.1999, c.274 (C.2A:58-10 et seq.).� A violation by a person
under this act shall accrue on a daily basis for each day and for each food
service establishment with respect to which a violation of this act was
committed.� The Superior Court shall have jurisdiction of proceedings for the
enforcement of the penalty provided by this section.

����
(2)�� Any person charged
fees by a third-party restaurant reservation service that with respect to a
reservation advertised, listed, promoted, or sold in violation of this act, or
food service establishment which a third-party restaurant reservation service
listed, advertised, promoted, or sold a reservation in violation of this act,
may bring a civil action in the Superior Court for:

����
(a) injunctive relief to
restrain or enjoin any activity in violation of this act;

����
(b)�� in the case of a
person, actual damages not to exceed the total fees collected by the
third-party restaurant reservation service in violation of this act or, in the
case of a food service establishment, actual damages as a result of
reservations made by the third-party reservation service that remained
unfilled;

����
(c)�� attorney's fees and
costs; and

����
(d)�� any other remedy as
the court may deem appropriate.

����
(3)�� Any action alleging a
violation of this act shall be brought within one year after the alleged
violation of this act occurs.
1

���� 2.��� This act shall take
effect
1
[
on the first
day of the third month next following the date of enactment
]

immediately
1
.