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California law bans delivery apps from listing a restaurant without an agreement

leginfo.legislature.ca.gov

501–510 of 663 posts

Re: California law bans delivery apps from listing a restaurant without an agreement

#501

Earlier quoted context omitted.

The funny thing is, Amazon is a terrible example, since lots of stuff there is actually being sold by 3rd parties, not by Amazon itself, and not with any authorization from the manufacturer. example: https://www.amazon.com/Rolex-Datejust-126303-Silver-Bracelet... would you shell out $13,000 for this watch from "AUTHENTIC WATCHES"? Are they authorized to sell Rolexes? Do they have any "arrangement" with Rolex? Would R…

My point is that amazon makes it difficult to see who exactly youre buying from and to know that you're getting it from that seller under many circumstances. Also, there is the first sale doctrine, so they most likely do not need to be "authorized" to sell by Rolex unless you can only purchase a rolex by signing away the roght of first sale. (I'm not sure that's possible to do and am sure it's come up with Tesla, but…

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Re: California law bans delivery apps from listing a restaurant without an agreement

#502

Earlier quoted context omitted.

> some consumers will still tend to blame Sally's Piping Hot Burgers when their burger arrives soggy and cold A friend who manages an excellent restaurant says that this is indeed a problem. One of their signature dishes is fried chicken, and it is glorious. They optimize everything about the meal with the understanding that it's 15-30 seconds from the kitchen to the table. But those are the wrong choices for 15-30 m…

Does delivery tend to be different from takeout in your experience? It does in mine. The gap between finishing prep and me eating it is much longer for delivery, except that the apps almost all lie about it. While your order is sitting there waiting for a driver for 10 minutes, they tell you, no way! It’s not our inability to get a driver there quickly! It’s the restaurant who is still wrapping up right now! If they…

I've been ordering in way more than I would have been comfortable with pre-covid. I never blame the restaurant, especially when I see the driver taking a circuitous route, indubitably filling multiple deliveries on the way. And I don't really blame the drivers, either, because of how their pay structure translates to incentives.

Re: California law bans delivery apps from listing a restaurant without an agreement

#503
post #285

Earlier quoted context omitted.

I had an old roommate try to sue in-n-out after getting severe food poisoning. It actually went to court - the in-n-out attorney completely destroyed him, he was outgunned. They showed receipts for thousands of people who ate there that day and that there weren't any other cases reported. Reporting food poisoning if it ever happens to you (even if minor) could be the difference between someone else being believed of…

Advice I wish I could give myself. Don't eat out if you can avoid it and if you do go in person, never order in. In secret someone who cares less about your health than anyone you know prepares hundreds of meals a day and if they don't come in because they are sick they lose money. If they don't try to hide mistakes it will cost them. If they don't save the company money by picking up food off the ground or using yes…

A worker coming in sick can be a safety violation if they don't wear the appropriate protective equipment (generally gloves and a mask). Picking food of the ground is a safety violation that could get a restaurant shut down, and moreover would open the restaurant up to civil torts. A restaurant is not going to risk permanent closure to save a few cents on food that falls to the ground, especially not in places where they grade restaurants on food safety.

As for using leftovers: this will shock you, but a large portion of menu items in even fine establishments use leftover items (that were not served to customers). Soups, stews, curries, etc., generally involve perpetually renewed bases, where the previous days leftovers "seed" the new day's mix. The meats in pastas and other starch-heavy dishes are usually trimmings from entrees in which the meat is the star. Meatloaves in restaurants always use leftover meats from the day before. Nearly all breads in bakeries involve the reuse of the sourdough starter, and indeed the concept of sourdough itself is premised on the reuse of the the dough.

Re: California law bans delivery apps from listing a restaurant without an agreement

#504
post #469
post #455

Earlier quoted context omitted.

They only do this ruse for a while, then after controlling a good chunk of the business they “sell” their services officially to the restaurant, including commission. It’s not a charity.

But it's up to the individual restaurants to agree to this. There's no automatic 30% commission. If a delivery company wants to burn their capital offering discounts, why stop them? The restaurant is under no obligation to sign a contract taking on the burden of kreping those discounts.

Very naive view. They will be “strongly incentivized” to sign once the company can threaten to pull their listing off and vanish 50% of their customer base. Nothing new here, standard growth playbook.

Re: California law bans delivery apps from listing a restaurant without an agreement

#505

I think it would have been much better to outlaw misrepresentation and advertising without prior agreement (ie the pizza place that did not agree to partnership should only pop up in the search results if the user searches for it) and there should be a warning mandated like "Startup Inc is not affiliated with the Moms and Pops Pizza. If you proceed, we will place your order by calling PHONE_NUMBER and pick up your or…

I've noticed that Doordash can sometimes do the opposite: if I search for a particular dish or genre (pizza, grilled cheese, pasta, Chinese take out, etc.) I'll often get restaurants that I can't pull up by searching for the name. I thought they were punishing or something, I just now realized they might be doing it to hide from search results or to hid the fact that the restaurants are listed...

Re: California law bans delivery apps from listing a restaurant without an agreement

#507

Earlier quoted context omitted.

> But on the flip side, I've observed a lot of restaurant owners not having the time, energy, or know-how to set up even basic online things that could really boost their business. Isn't part of being a successful business knowing where to put your energy as a business owner? You're saying that restaurants don't necessarily have the ability to make the best decisions for their business, therefore they should be able…

This is already the case with bigger companies. As is the usual case with a lot "disruptive" firms, that "growth hacking" comes from exploiting some regulatory loophole that no one else has seen yet (e.g. most things related to the "sharing economy"). I'm pretty sure if I just declared myself to be a sales partner (idk the term?) of Cisco, IBM, Oracle, etc and just resold their gear, I'd be in hot water legally becau…

>I'm pretty sure if I just declared myself to be a sales partner (idk the term?) of Cisco, IBM, Oracle, etc and just resold their gear, I'd be in hot water legally because my actions would reflect on them.

This is pretty much how local governments buy IT gear. Put out a "I want a router" low volume RFP that the tech companies don't want to bother with, and some local vendor will resell to you. Ideally, they're getting a volume discount and sharing some of it with you at least.

Re: California law bans delivery apps from listing a restaurant without an agreement

#508

Earlier quoted context omitted.

Most small restaurants fail within a year of opening. It’s a very tough business. Some app claiming that you are partnering with them for delivery when that is not the case is not necessarily positive for a business given potential reputational risk.

> Most small restaurants fail within a year of opening. It’s a very tough business. Why is that? Seems straightforward - exchange food for money. Why's that so difficult to make work?

As far as I can tell, every home for sale or rent in america requires a kitchen. So basically everyone is in competition with them.

Re: California law bans delivery apps from listing a restaurant without an agreement

#509

Earlier quoted context omitted.

> some consumers will still tend to blame Sally's Piping Hot Burgers when their burger arrives soggy and cold A friend who manages an excellent restaurant says that this is indeed a problem. One of their signature dishes is fried chicken, and it is glorious. They optimize everything about the meal with the understanding that it's 15-30 seconds from the kitchen to the table. But those are the wrong choices for 15-30 m…

Wouldn't this be a problem for any takeout order? I know some restaurants don't offer takeout for this reason.

Some food are really good for takeout. The extreme example would be Japanese Bento box. Delicious even after hours.

Re: California law bans delivery apps from listing a restaurant without an agreement

#510

I think it would have been much better to outlaw misrepresentation and advertising without prior agreement (ie the pizza place that did not agree to partnership should only pop up in the search results if the user searches for it) and there should be a warning mandated like "Startup Inc is not affiliated with the Moms and Pops Pizza. If you proceed, we will place your order by calling PHONE_NUMBER and pick up your or…

> the law would also outlaw food picking apps from delivering from Walmart too

Only if Walmart doesn't consent.

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