ASSEMBLY CONSUMER AFFAIRS COMMITTEE

STATEMENT TO

ASSEMBLY, No. 3318

STATE OF NEW JERSEY

DATED:  FEBRUARY 12, 2026

     The Assembly Consumer Affairs Committee reports favorably Assembly Bill No. 3318.

      As reported by the committee, this bill 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 bill 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.  Under the bill, “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 bill 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 under the bill will accrue on a daily basis for each day and for each food service establishment with respect to which a violation of the bill was committed.  Under the bill, any person charged fees by a third-party restaurant reservation service for a reservation advertised, listed, promoted, or sold in violation of the bill, or food service establishment which a third-party restaurant reservation service advertised, listed, promoted, or sold a reservation in violation of the bill’s provisions, may bring a civil action in the Superior Court for:

      (a) injunctive relief to restrain or enjoin any activity in violation of the bill;

      (b) actual damages not to exceed the total fees collected by the third-party restaurant reservation service in violation of the bill;

      (c) attorney's fees and costs; and

      (d) any other remedy as the court may deem appropriate.

      The bill provides that any action alleging a violation of the bill is required to be brought within one year after the alleged violation of the bill occurs.

      This bill mirrors 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.

      This bill was prefiled for introduction in the 2026-2027 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.