New York City's delivery app fee caps: what DoorDash, Uber Eats and Grubhub may charge
Updated October 20, 2026
Last updated: 20 October 2026. Read from New York City Administrative Code §20-563.3, current edition.
New York City limits delivery apps to four kinds of fee, each with its own cap: 15% of the order to deliver it, 5% for a basic listing service, 3% for card processing and up to 20% for an optional "enhanced" service. An app can charge the enhanced fee only if it also sells the basic service at 5% or less. So the cheapest legal package (delivery, basic listing and card processing) costs a restaurant at most 23% of an order, and the four caps together add up to 43%.
In short
- Delivery: at most 15% of the purchase price, and the app must then deliver to customers within at least 1 mile of the restaurant.
- Basic service: at most 5%. It must make your restaurant searchable on all of the app's websites and apps.
- Card processing: at most 3%, unless the app passes on a higher charge at cost and can prove it.
- Enhanced service: up to 20%, optional, and only from an app that also offers basic service at 5% or less.
- No other fee types are allowed.
What does each NYC fee cap allow?
| Fee type | Cap | Condition in the law | On a $30 order |
|---|---|---|---|
| Delivery fee | 15% | Either per order or as a monthly average; the app must deliver within at least 1 mile unless exigent circumstances prevent it | $4.50 |
| Basic service fee | 5% | Per order or monthly average; the restaurant must appear in search on every platform the app runs | $1.50 |
| Transaction (card) fee | 3% | More only if it equals what the app's processor charges for that order, with proof on request | $0.90 |
| Enhanced service fee | 20% | Only from an app that also charges a basic service fee under this section; per order or monthly average | Up to $6.00 |
| Any other fee | Not allowed | — | $0 |
Worked example: a Queens restaurant takes 400 delivery orders a month at a $30 average through one app.
- On the basic package: 23% × $30 = $6.90 an order, $2,760 a month.
- With the enhanced service added: up to 43% × $30 = $12.90 an order, $5,160 a month.
- For comparison, outside capped cities: the top national plans charge 30% ($9.00 an order) with card processing included at DoorDash and Uber Eats.
The monthly-average rule and the 30-day refund window
Three of the caps (delivery, basic and enhanced) can be met as a calendar-month average rather than on every order: one order can carry a higher fee as long as the month's fees, added up, stay under the cap on that month's order values. And an app doesn't break the law if it refunds any amount over a cap within 30 days after the end of the month in which it charged it. If your statement shows a higher rate on some orders, check the month's total first.
What changed in 2025?
The current wording of §20-563.3 comes from Local Law 79 of 2025, in effect since 30 June 2025, which added the optional enhanced service of up to 20%. When it took effect, apps had 30 days to tell every existing restaurant which services they offer, what each cap is and which services it buys, and any later fee change must take effect at least 30 days after the app tells the restaurant.
In spring 2026 the city's Department of Consumer and Worker Protection (DCWP) asked restaurants, apps, delivery workers and diners for feedback on the caps, with comments due by 6 May 2026, because the law requires it to report on them. The caps could change after that report.
What the apps publish for New York City
| App | What its own pricing page shows for NYC |
|---|---|
| Uber Eats | Lite delivery at 15% in New York City (20% elsewhere in the US), plus a 3% card fee on Lite in NYC; Lite pickup 5% |
| Grubhub | A separate NYC pricing page with the same marketing commissions as nationally (5% Basic, 15% Plus, 20% All-access) and delivery from 10%, card processing excluded |
| DoorDash | Its US plans (Basic 15%, Plus 25%, Premier 30%); check your NYC agreement for how they map to the city's fee types |
Full plan details: Uber Eats, Grubhub and DoorDash commission in the US.
How to check your bill
- Add up each fee type on your monthly statement and divide by that month's order value (purchase price).
- Compare each figure with its cap: 15% delivery, 5% basic, 3% card, 20% enhanced.
- If the app charged you an enhanced fee, check it also offered you basic service at 5% or less.
- Ask the app for a refund of any excess; it has 30 days after month-end to refund without breaking the law. DCWP enforces the law.
Keep the caps for the apps and the commission for yourself. Take regulars' orders on your own page:. See the.
Frequently asked questions
What is the delivery app fee cap in NYC?
New York City caps the delivery fee at 15% of the order, the basic service fee at 5% and card processing at 3%. An app may also charge up to 20% for an optional enhanced service if it offers basic service at 5% or less.
Can DoorDash charge more than 23% in New York City?
Only through the optional enhanced service fee of up to 20%, and only if DoorDash also offers basic service at 5% or less. Delivery, basic service and card processing together can't exceed 23%.
Does the NYC cap apply to each order or to the month?
Either. The delivery, basic and enhanced caps are met if the month's fees, averaged over that month's orders, stay within the cap. Card processing is capped per order.
When did the 20% enhanced service fee start?
It came with Local Law 79 of 2025, in effect since 30 June 2025. Delivery stays capped at 15%, basic service at 5% and card processing at 3%.
Who enforces the NYC delivery fee caps?
The NYC Department of Consumer and Worker Protection. It asked for public feedback on the caps by 6 May 2026 for a report the law requires.
Sources (3)
- NYC Administrative Code §20-563.3, fee caps (subdivisions a–g): https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-134617 (read 20 Oct 2026, "October 2026 (current)"): delivery 15% per order "unless the average … in a calendar month totals no more than 15%"; "shall provide delivery to any customer located within at least 1 mile"; basic service 5%; transaction fee 3% unless charged "in the same amount as the charge imposed upon the third-party food delivery service" with proof; enhanced service fee "no more than 20%" for an app that "offers a service for which [it] charges a basic service fee"; refund within 30 calendar days of month-end is not a violation; searchable on all platforms; 30-day notices.
- NYC DCWP, "We Want Your Feedback on the City's Fee Caps" (created 16 Mar 2026, modified 1 Apr 2026): https://www.nyc.gov/assets/dca/downloads/pdf/about/FeeCapFlyer-April2026.pdf (read 20 Oct 2026): caps 15/5/20/3; "A delivery app can only charge an enhanced service fee if it offers a basic service priced at or under the 5% cap"; "The law requires the Department of Consumer and Worker Protection (DCWP) to issue a report on the fee caps"; email by May 6, 2026.
- Grubhub pricing and fees, New York: https://get.grubhub.com/grubhub-pricing-and-fees-new-york/ (read 20 Oct 2026): Basic 5%, Plus 15%, All-access 20% marketing commission; "Delivery fees start at 10%"; "Does not include payment processing fees".