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Statement to Senate Committee Substitute, Nos. 1193 and 1197 — Senate Commerce Committee

Summary

Statement to Senate Committee Substitute for Senate, Nos. 1193 and 1197, from the Senate Commerce Committee of the State of New Jersey, dated March 16, 2026, reporting the substitute favorably. The statement says the substitute prohibits a third-party restaurant reservation service from advertising, listing, promoting, or selling reservations for a food service establishment without a written agreement with the establishment. It describes a civil penalty not to exceed $500 for each violation, a civil action for injunctive relief and actual damages, and a requirement that any action be brought within one year. It states the substitute is modeled after legislation enacted by Illinois.

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“Statement to Senate Committee Substitute, Nos. 1193 and 1197 — Senate Commerce Committee.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-03-16-scm-s1193-s1-4628bc352c/, SHA-256 d21f7e3262b36cb8def809755679b6959cb97d5c15bb48fdba44868a08b91a1b.

Full text

     SENATE COMMERCE COMMITTEE

                      STATEMENT TO

 SENATE COMMITTEE SUBSTITUTE FOR
          SENATE, Nos. 1193 and 1197

 STATE OF NEW JERSEY
                      DATED: MARCH 16, 2026

     The Senate Commerce Committee reports favorably Senate
Committee Substitute for Senate Bill Nos. 1193 and 1197.
     This substitute prohibits the unauthorized arrangement by a third-
party restaurant reservation service to advertise, list, promote, or sell
reservations for a food service establishment without a written
agreement between the third-party restaurant reservation service and
the food service establishment. The substitute defines “food service
establishment” as a place where food is provided for individual portion
service directly to the consumer whether that food is provided free of
charge or sold, and whether consumption occurs on or off the premises
or is provided from a pushcart, stand, or vehicle. “Third-party
restaurant reservation service” is defined as a website, mobile
application, or other internet service that: offers or arranges for
reserving on-premises service for a customer at a food service
establishment; and that is owned and operated by a person other than
the person who owns the food service establishment.
     The substitute provides that any person who violates its provisions
is subject to a civil penalty that will not exceed $500 for each
violation, and that a violation by a third-party restaurant reservation
service will accrue on a daily basis for each day and for each food
service establishment with respect to which a violation of the
substitute was committed. Any person charged fees by a third-party
restaurant reservation service for a reservation advertised, listed,
promoted, or sold in violation of the substitute, or food service
establishment which a third-party restaurant reservation service
advertised, listed, promoted, or sold a reservation in violation of the
substitute’s provisions, may bring a civil action in the Superior Court
for:
     (1) injunctive relief to restrain or enjoin any activity in violation of
the substitute;
     (2) in the case of a person, actual damages not to exceed the total
fees collected by the third-party restaurant reservation service in
violation of the bill or, in the case of a food service establishment,
actual damages as a result of reservations made by the third-party
reservation service that remained unfilled;
     (3) attorney's fees and costs; and
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    (4) any other remedy as the court may deem appropriate.
    The substitute provides that any action alleging a violation is
required to be brought within one year after the alleged violation of the
substitute occurs.
    This substitute is modeled after legislation enacted by Illinois
prohibiting a third-party restaurant reservation service from listing,
advertising, promoting, or selling reservations for a food service
establishment without a written agreement between the third-party
restaurant reservation service and the food service establishment.

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