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THE SENATE |
S.B. NO. |
102 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to restaurants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§489J-
Unauthorized restaurant
reservations; prohibited. (a)
No third-party restaurant reservation service shall list, advertise,
promote, or sell reservations for a restaurant through the third-party
restaurant reservation service's website, mobile application, or other digital
platform unless the applicable restaurant agrees in writing for the third-party
restaurant reservation service to list, advertise, promote, or sell reservations
for that restaurant.
(b) No
agreement executed pursuant to subsection (a) shall include a provision,
clause, or covenant requiring the restaurant to indemnify the third-party
restaurant reservation service, any independent contractor acting on behalf of
the third-party restaurant reservation service, or any registered agent of the
third-party restaurant reservation service for any harm by an act or omission
initiated by the third-party restaurant reservation service; provided that any
provision included in an agreement in violation of this subsection shall be held
invalid.
(c) Any person who is charged fees by a
third-party restaurant reservation service for a reservation that is listed,
advertised, promoted, or sold; or restaurant
for which a third‑party restaurant reservation service has listed,
advertised, promoted, or sold a reservation; in violation of this section may
bring a civil action in any court of competent jurisdiction for the following:
(1) Injunctive relief to restrain or
enjoin any activity in violation of this section;
(2) Actual damages; provided that the
actual damages shall not exceed the total fees collected by the third-party
restaurant reservation service for the subject violation; and
(3) Attorneys' fees and costs and any
other remedies that the court deems appropriate.
(d) Any action alleging a violation of this
section shall be brought within one year of the occurrence of the acts alleged
to have violated this section.
(e) As used in this section:
"Restaurant"
means a food establishment in which food is provided free of charge or sold to
consumers for consumption on or off the premises. "Restaurant" includes dine-in
establishments, pushcarts, food stands, and vehicles.
"Third-party
restaurant reservation service" means any website, mobile application, or other
digital platform that:
(1) Offers or arranges for reserving
on-premises service for a customer at a restaurant;
and
(2) Is owned and operated by an entity other than the entity that owns the applicable restaurant."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED
BY: |
_____________________________ |
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Report Title:
Restaurants; Reservations; Third-Party Restaurant Reservation Services; Unauthorized; Prohibition; Penalties
Description:
Prohibits third-party restaurant reservation services from listing, advertising, promoting, or selling restaurant reservations without first obtaining a written agreement from the applicable restaurant authorizing the action. Establishes civil penalties.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.