Philadelphia's delivery app fee cap: 10% for delivery, 5% for everything else
Updated October 20, 2026
Last updated: 20 October 2026. Read from the certified copies of Philadelphia Bills No. 200344 and No. 210670 and the city's own guidance.
Philadelphia caps what a delivery app can charge a restaurant at 10% of the order's menu price for delivery and 5% for every other fee, 15% in total. A restaurant may opt out and agree to higher fees, but only if the app also offers a capped delivery-and-marketing option it can switch back to on 30 days' notice, charges the extra only for services beyond basic delivery and marketing, and doesn't penalize restaurants that stay capped. The permanent cap applies to agreements made, renewed, extended or amended after 30 November 2021.
In short
- Delivery fee: at most 10% of the purchase price (menu items only, without tax, tips or other fees).
- All other fees (listing, advertising, order processing): at most 5% together.
- Opting out: allowed only on the three conditions above; you can return to the capped option on 30 days' notice.
- Fines: a warning for a first violation, then $1,000 for the second and $2,000 for each one after.
- Drivers: an app may not cut drivers' pay or take their tips to meet the cap.
What does Philadelphia's law say?
| Rule | Philadelphia Code chapter 9-5100 |
|---|---|
| Delivery fee cap | 10% of the purchase price of each online order (§9-5104(1)(a)) |
| Other fees cap | 5% of the purchase price for any fee other than the delivery fee (§9-5104(1)(b)) |
| Delivery fee, defined | A fee for delivering food to customers; not listing, advertising or order-processing fees |
| Purchase price, defined | The total price of the menu items in the order, without taxes, gratuities or other fees |
| Opt-out | Allowed if the app (a) offers at least one delivery-and-marketing option within the caps that you can revert to on 30 days' notice, (b) charges higher fees only for services beyond basic delivery and marketing, and (c) doesn't refuse or penalize restaurants that keep or return to the caps |
| Which agreements | Any agreement entered into, renewed, extended or amended after 30 November 2021; the caps also apply in any declared public health emergency |
| Drivers | Apps may not reduce driver pay or garnish tips because of the caps |
| Fines | First violation of §9-5104: warning only; second: $1,000; third and later: $2,000. Other violations of the chapter: $300 |
The chapter also requires an app to get a restaurant's written consent before using its name or logo to advertise (or show a prominent disclaimer), and to disclose to customers the commission it charges the restaurant, unless the restaurant opts out of that disclosure.
What it means on a $30 order
| Fee | Cap | On a $30 order |
|---|---|---|
| Delivery | 10% | $3.00 |
| Everything else (listing, marketing, processing) | 5% | $1.50 |
| Total on the capped option | 15% | $4.50 |
| An opted-out plan at 30% (for comparison) | — | $9.00 |
Worked example: a South Philly pizzeria sends 500 app deliveries a month at $30. On the capped option the most it pays is $2,250 a month ($1,500 delivery + $750 other fees). On a 30% plan it would pay $4,500. If it opted out and the extra reach doesn't pay off, it can return to the capped option on 30 days' notice.
Uber Eats lists a 15% Lite delivery rate in Philadelphia (20% in most of the US). Grubhub prices its national plans as a marketing commission (5% to 20%) plus a delivery fee from 10% and card processing, so check which of its fees your Philadelphia agreement counts as "delivery" and which as "other". See Grubhub and Uber Eats commission in the US.
How the cap became permanent
Bill No. 200344 (signed 27 July 2020) created the chapter with the 10% and 5% caps for public health emergencies only, plus 90 days after. Bill No. 210670, passed on 9 December 2021 and signed on 18 January 2022, made the caps apply to all new and renewed agreements and added the opt-out and the higher fines. The city's Department of Commerce says it "permanently lowered the maximum delivery fee" to 15%.
How to report an overcharge
First ask the app to correct it. If you're still overcharged, the city's Office of Business Services takes reports: (215) 683-2100 or business@phila.gov. The city asks you to confirm that no opt-out agreement allowing higher fees is in effect.
The cap keeps app fees at 15%; your own ordering page has no commission. See the.
Frequently asked questions
What is the delivery app fee cap in Philadelphia?
10% of the order's menu price for delivery and 5% for all other fees, 15% in total, unless the restaurant has opted out under the conditions in Philadelphia Code §9-5104(2).
Can a Philadelphia restaurant agree to pay more than 15%?
Yes, if the app also offers a capped delivery-and-marketing option the restaurant can return to on 30 days' notice, charges more only for extra services, and doesn't penalize restaurants that keep the cap.
Does the Philadelphia cap include taxes and tips?
No. The caps are percentages of the purchase price, which the law defines as the price of the menu items, without taxes, gratuities or other fees.
What are the fines for breaking Philadelphia's fee cap?
A first violation gets a warning. A second costs $1,000 and each later violation $2,000.
Is Philadelphia's cap permanent?
Yes. Since Bill No. 210670 it applies to every agreement entered into, renewed, extended or amended after 30 November 2021, not only during emergencies.
Sources (4)
- City of Philadelphia, Bill No. 210670 (certified copy; "Passed by the City Council on December 9, 2021. The Bill was Signed by the Mayor on January 18, 2022"): https://files.amlegal.com/pdffiles/Philadelphia/210670.pdf (read 20 Oct 2026): §9-5104(1)(a) 10% delivery fee, (1)(b) 5% other fees, (2) opt-out conditions (a)–(c) incl. "upon thirty (30) days notice", (4) driver pay, (5)(b) agreements "entered into, renewed, extended, or otherwise amended after November 30, 2021"; §9-5105 fines ($300; warning for a first §9-5104 violation; $1,000; $2,000).
- City of Philadelphia, Bill No. 200344 (certified copy; passed 25 June 2020, signed 27 July 2020): https://files.amlegal.com/pdffiles/Philadelphia/200344.pdf (read 20 Oct 2026): definitions of delivery fee and purchase price ("does not include taxes, gratuities or any other fees"); trademark/likeness consent; commission disclosure to customers with restaurant opt-out; emergency-only caps.
- City of Philadelphia Department of Commerce, "Guidance on maximum delivery fee that all third-party delivery platforms can charge food businesses" (23 Aug 2023, archived): https://www.phila.gov/2023-08-23-guidance-on-maximum-delivery-fee-that-all-third-party-delivery-platforms-can-charge-food-businesses (read 20 Oct 2026): "permanently lowered the maximum delivery fee … to 15%"; Office of Business Services (215) 683-2100, business@phila.gov; owner statement on §9-5104(2).
- DoorDash Merchant Terms of Service (US), law-obligation article citing "§ 9-5104 of The Philadelphia Code": https://help.doordash.com/fr-ca/merchants/article/merchant-terms-of-service-us-english-law-obligation (seen in search results 20 Oct 2026).