§ 391-w. Unauthorized restaurant reservations. 1. Definitions. For the\npurposes of this section, the following terms shall have the following\nmeanings:\n (a) "Food service establishment" shall have the same meaning as that\nterm is defined in section three hundred ninety-one-v of this article.\n (b) "Third-party restaurant reservation service" means any website,\nmobile application or other internet service that: (i) offers or\narranges for reserving on-premises service for a customer at a food\nservice establishment; and (ii) that is owned and operated by a person\nother than the person who owns such food service establishment. A\nthird-party restaurant reservation service shall not include any\nreservation distribution channels that are authorized to distribute\nreservations by way of a contractual relationship with either the\napplicable food service establishment or a contractual designee of the\nfood service establishment who obtained reservation distribution rights\ndirectly from the food service establishment.\n 2. A third-party restaurant reservation service shall not list,\nadvertise, promote, or sell reservations for a food service\nestablishment through the website, mobile application or other platform\nof such third-party restaurant reservation service without a written\nagreement between such third-party restaurant reservation service and\nsuch food service establishment to include reservations at the food\nservice establishment on such website, mobile application or other\nplatform.\n 3. Any person who violates, or causes another person to violate, a\nprovision of this section, shall be subject to a civil penalty that\nshall not exceed one thousand dollars for each violation. Violations by\nthird-party restaurant reservation services under this section shall\naccrue on a daily basis for each day and for each food service\nestablishment with respect to which a violation of this section was\ncommitted.\n
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