2026 -- H 7846

========

LC005325

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

____________

A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --

THIRD-PARTY DELIVERY SYSTEMS

     Introduced By: Representatives Voas, Giraldo, Phillips, Slater, Serpa, Caldwell,
DeSimone, and Shanley

     Date Introduced: February 27, 2026

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 6-58-1, 6-58-3 and 6-58-5 of the General Laws in Chapter 6-58

entitled "Third-Party Delivery Systems" are hereby amended to read as follows:

     6-58-1. Definitions.

     As used in this title, unless the context otherwise requires:

     (1) "Advertising platform" means any digital, online, mobile, mapping, search, operating-

system level, or voice-activated platform that displays merchant information, search results,

sponsored listings, or provides order interfaces.

     (1)(2) “Agreement” means a written contractual agreement between the merchant and the

third-party delivery service.

     (2)(3) “Customer” means the person, business, or other entity that places an order for

merchant products through the marketplace.

     (3)(4) “Likeness” means identifiable symbols attributed and easily identified as belonging

to a specific merchant or retailer.

     (4)(5) “Marketplace” means the third party’s proprietary online communication platform

where customers can view and search the menus of merchants and place an order for merchant

products via the third party’s website or mobile application for delivery or by the third-party

delivery service, or an independent contractor of the third-party delivery service, to the customer.

     (5)(6) “Merchant” means a food service establishment as set forth in § 21-27-1 or other

retail entity.

     (7) "Order interface" means any button, hyperlink, embedded feature, or interactive

element that allows or invites a consumer to initiate, place or complete an order from a merchant

on an advertising platform.

     (6)(8) “Third-party delivery service” means a company, organization, or entity, outside of

the operation of the merchant’s business that facilitates delivery or online ordering services to

customers.

     (9) "Unauthorized placement" means any appearance, promotion, advertisement, or order

interface on an advertising platform by a third-party delivery service of a merchant without an

agreement.

     6-58-3. Merchant consent.

     (a) A third-party delivery service may not take orders and arrange for the delivery of

merchant products through the third-party delivery service’s marketplace without obtaining the

written consent of the merchant.

     (b) No third-party delivery service shall purchase, bid on, display, allow or cause to be

displayed any advertisement, sponsored result, or promoted listing, or other unauthorized

placement including, but not limited to, using a merchant's name, trademark, service mark, logo,

trade name, or likeness on any advertising platform unless expressly authorized by agreement with

a merchant.

     6-58-5. Enforcement — Penalties.

     (a) Any merchant who is subject to an unauthorized placement or other violation of § 6-

58-3, whose likeness was used by the third-party delivery service, or who appears on a third-party

delivery service’s marketplace, in violation of this chapter, may bring an action in the superior court

of the county in which the merchant or third-party delivery service is found, or in the superior court

of the county as is otherwise provided by law, to recover actual damages or five thousand dollars

($5,000), whichever is greater. The court may, in its discretion, and where the conduct involves

reckless or callous indifference to statutorily protected rights, award punitive damages and other

equitable relief it deems appropriate.

     (b) Any third-party delivery service who or that violates this chapter shall pay to the state

a civil penalty of not more than one thousand dollars ($1,000) per violation. Each day a violation

occurs shall count as a separate violation.

     SECTION 2. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL

REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter:

CHAPTER 58.1

LC005325 - Page 2 of 5

RESTAURANT RESERVATION ANTI-PIRACY ACT

     6-58.1-1. Short title.

     This chapter shall be known and may be cited as the "Restaurant Reservation Anti-Piracy

Act."

     6-58.1-2. Definitions.

     (a) As used in this chapter, the following words shall have the following meanings:

     (1) "Food service establishment" means any fixed or mobile restaurant, coffee shop,

cafeteria, short-order café, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar,

cocktail lounge, night club, roadside stand, industrial feeding establishment, cultural heritage

education facility, private, public or nonprofit organization or institution routinely serving food,

catering kitchen, commissary or similar place in which food or drink is prepared for sale or for

service on the premises or elsewhere, and any other eating or drinking establishment or operation

where food is served or provided for the public with or without charge.

     (2) "Third-party restaurant reservation service" means a website, mobile application, or

other Internet service that:

     (i) Offers or arranges for a reservation at a food service establishment for on-premises

service;

     (ii) Is owned and operated by a person other than the person who owns the food service

establishment, or is contractual;

     (iii) Does not have a contractual relationship or agreement with the public food service

establishment, or its contractual designee, to offer or arrange for a reservation at the food service

establishment for on-premises service. A third-party restaurant reservation service does not include

a contractual designee of an individual customer which arrange for a personal and nontransferable

reservation at a food service establishment at the request of the customer and at no cost to the

customer; provided that, the designee shares the individual customer's contact information with the

food service establishment, allows the food service establishment to confirm the reservation with

the individual customer, and honors requests from the food service establishment to opt out of

future reservations created by the designee.

     6-58.1-3. Prohibition of third-party restaurant reservation services.

     A third-party restaurant reservation service shall not list, advertise, promote, facilitate, sell,

or otherwise enable a reservation at a food service establishment in this state.

     6-58.1-4. Enforcement -- Penalties.

     Any person who violates, or causes another person to violate, a provision of this chapter or

any rules or regulations promulgated by the department of business regulation hereunder shall be

LC005325 - Page 3 of 5

subject to a civil penalty of up to one thousand dollars ($1,000) for each violation. Each day that a

third-party restaurant reservation service violates this chapter with respect to a food service

establishment constitutes a single violation of this chapter. A proceeding to recover any civil

penalty or restitution under this chapter may also be brought by the attorney general. All penalties

received for violations shall be deposited as general revenue.

     SECTION 3. This act shall take effect on January 1, 2027.

========

LC005325

========

LC005325 - Page 4 of 5

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --

THIRD-PARTY DELIVERY SYSTEMS

***

     This act would prohibit unauthorized placement of merchants on advertising platform order

interfaces, and would prohibit third-party restaurant reservation services.

     This act would take effect on January 1, 2027

========

LC005325

========

LC005325 - Page 5 of 5