Clark County Caps Third Party Restaurant Delivery Fees

On August 4, 2020, the Clark County Board of County Commissioners approved a temporary ordinance capping restaurant delivery fees. This ordinance is the first of its kind in Nevada and follows a new trend in major cities across the United States.

The Commissioners approved the fee cap unanimously under their emergency powers. The ordinance will therefore expire when the County lifts the state of emergency related to the COVID-19 pandemic. it is, however, possible for the Commissioners to propose and approve a separate permanent delivery fee cap. Although no formal end-date  was set, the Commissioners discussed the possibility of the ordinance continuing in effect for at least three to six months.

The ordinance prohibits Restaurant Delivery Services from:

1. Changing a restaurant a commission of more than 15% for any online, delivery or pick-up order;
2. Reducing compensation or tips of delivery drivers as a result of the fee cap; and
3. Increasing a restaurant’s service fees as a result of the fee cap.

The Clark County Commissioners approved the ordinance in response to complaints from Clark County restaurant owners, the Nevada Restaurant Association and the Retail Association of Nevada.

The ordinance applies to deliveries from restaurants located in the unincorporated portions of Clark County, including the Las Vegas Strip and a majority of the Las Vegas metropolitan area. The ordinance does not affect restaurants in the incorporated City of Las Vegas.

A copy of the ordinance is available here: https://agenda.co.clark.nv.us/sirepub/cache/2/y1at3ucludmdzwjhra0pm2jf/86976408072020115444231.PDF