Third-party reservation platforms prohibited; public food service establishments.

(1) As used in this section, the term “third-party reservation platform” means a website, mobile application, or other Internet service that satisfies all of the following:

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

(b) Is owned and operated by a person other than the owner of the public food service establishment.

(c) 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 public food service establishment for on-premises service.

(2) A third-party reservation platform does not include a contractual designee of an individual customer which arranges 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.

(3) A third-party reservation platform may not list, advertise, promote, facilitate, sell, or otherwise enable a reservation at a public food service establishment.

(4) The division may impose a civil penalty on a third-party reservation platform in an amount not to exceed $1,000 for each violation of this section or of a division rule. Violations under this subsection shall accrue on a daily basis for each day and each reservation for each food service establishment in which there has been a violation of this section or rules of the division.