City Code Section
- For the purpose of this Chapter, the following words and terms are defined and shall be construed as hereinafter set forth:
- A. “Delivery Service” means a service that:
- 1. Lists a restaurant, and makes the restaurant discoverable, on modalities or platforms offered by a third-party food platform, including but not limited to any website, mobile application, or other internet service where a third-party food platform lists restaurants; and
- 2. Facilitates and/or performs the delivery (through employees or independent contractors of the third-party food platform and/or such establishments) of food and/or beverages from restaurants to customers. Delivery service does not include any other service that may be provided by a third-party food platform to a restaurant, including but not limited to advertising services, search engine optimization, business consulting, or credit card processing.
- B. “Restaurant” has the meaning set forth in ORS 624.010.
- C. “Director” means the Director of the Revenue Division.
- D. “Order” means a telephone order or an order placed by a customer through a third-party food platform for delivery or pickup within the City of Portland (“City”).
- E. “Purchase Price” means the menu price of an order excluding taxes, gratuities, or any other fees that may make up the total cost to the customer of an order.
- F. “Takeout Service” means a service that:
- 1. Lists a restaurant, and makes the restaurant discoverable, on modalities or platforms offered by a third-party food platform, including but not limited to any website, mobile application, or other internet service where a third-party food platform lists restaurants; and
- 2. Allows a customer to place an order with the restaurant through the third-party food platform, but such order does not include delivery service by the third-party food platform as described in Subsection 7.27.010 A. Takeout service does not include any other service that may be provided by a third-party food platform to a restaurant, including but not limited to advertising services, search engine optimization, business consulting, or credit card processing.
- G. “Telephone Order” means an order placed by a customer to a restaurant through a telephone call forwarded by a call system provided by a third-party food platform for delivery or pickup within the City.
- H. “Third-Party Food Platform” means any website, mobile application, or other internet platform, owned or operated independently of the restaurant, that offers or arranges for the order of and the same day delivery service or same day takeout service of food and beverages from a restaurant.
- I. “Transaction Fee” means a charge for the processing of a payment for an order imposed upon a third-party food platform by a third-party payment processor.