Vendor pricing · verified September 2026
New York City's delivery commission cap in 2026
New York City is the largest US market with a permanent cap on what DoorDash, Uber Eats and Grubhub can charge a restaurant. The cap, made permanent in August 2021 and written into Administrative Code section 20-563.3, is 15% of the order for delivery, 5% for all other services such as listing and marketing, and a 3% pass-through for card processing: 23% in total. In 2025 the Council changed the structure. Int 762-B, passed May 1, 2025 and enacted as Local Law 2025-79 after the mayor returned it unsigned on June 2, 2025, keeps those caps for a basic plan but lets a platform charge up to an additional 20% for enhanced services, so long as it also offers the capped basic plan that includes delivery and listing. The most a restaurant can now agree to pay is 43%.
Sources: New York City Council press release of August 26, 2021; Int 762-B / Local Law 2025-79 as recorded at intro.nyc; Restaurant Business coverage of the May 1, 2025 vote. Read September 2026. This page describes the law; it is not legal advice.
What the cap allows, line by line
| Charge | Cap | Condition |
|---|---|---|
| Delivery | 15% of the order | basic plan |
| All other services (listing, marketing, etc.) | 5% | basic plan |
| Card processing | 3% | pass-through |
| Enhanced services | up to an additional 20% | added by Local Law 2025-79; the platform must also offer the capped basic plan |
Basic plan total: 23%. With enhanced services: up to 43%. Before the 2025 amendment, 23% was the ceiling for everything.
What a $40 order costs a New York restaurant
| Arrangement | Legal maximum | Cost on a $40 order | Who pays |
|---|---|---|---|
| Marketplace, basic plan | 23% | $9.20 | restaurant |
| Marketplace with enhanced services | 43% | $17.20 | restaurant |
| Ginger Direct, your own site | no commission; card processing as low as 2% + 5¢ | about $0.85 | restaurant pays processing; guest pays a $1 order fee |
Outside New York City, DoorDash's published Plus plan is 25% and Premier is 30%, so the NYC basic plan is 2 to 7 points below the national tiers while the enhanced ceiling is 13 points above them.
Frequently asked questions
What is New York City's delivery commission cap?
15% of the order for delivery, 5% for all other services such as listing and marketing, and a 3% pass-through for card processing, 23% in total, under Administrative Code section 20-563.3, permanent since August 2021. Local Law 2025-79 added an optional enhanced-services tier of up to 20% more.
What did Local Law 2025-79 change?
It kept the 15%, 5% and 3% caps for a basic plan and allowed platforms to charge up to an additional 20% for enhanced services, provided they also offer the capped basic plan that includes delivery and listing. Int 762-B passed the Council on May 1, 2025 and became law after the mayor returned it unsigned on June 2, 2025.
What is the most a delivery app can charge a NYC restaurant?
43% of the order: the 23% basic plan plus up to 20% for enhanced services. A restaurant that stays on the basic plan pays no more than 23%.
Does the NYC cap apply to pickup orders?
The caps in section 20-563.3 are written for third-party food delivery services and apply per order. Whether a specific pickup or self-delivery arrangement falls under them depends on the platform's contract; ask the platform how each of your order types is billed and check it against the invoice.
How does a direct ordering channel compare?
Ordering from your own site carries no commission. With Ginger Direct a restaurant pays card processing as low as 2% + 5¢, about 85 cents on a $40 order, and the guest pays a $1 order fee; there is no monthly fee. On the same $40 order the marketplace basic plan is $9.20 and the enhanced ceiling is $17.20.
Compare it against a system with no monthly fee
Ginger is $0 a month with online ordering, no contract, interchange-plus processing as low as 2% + 5¢, and the Box, up to two printers and a card terminal included for restaurants over $40,000 a month in card volume. The live demo opens in your browser with no signup.