San Francisco's delivery app fee cap: 15%, with a core-delivery option
Updated October 20, 2026
Last updated: 20 October 2026. Read from San Francisco Police Code Article 53 and the city's Office of Economic and Workforce Development (OEWD) FAQ.
San Francisco caps the fees a delivery app can charge a covered restaurant at 15% of the order's menu price, but since 31 January 2023 an app may charge more if it also offers every covered restaurant a "core delivery service" for 15% or less. Core delivery means being listed and discoverable on all of the app's platforms, plus delivery. Chains are not covered, and an app must end a contract within 72 hours of a restaurant's notice.
In short
- The cap: 15% of the purchase price (menu price, without tax and tips), per order and across each billing period.
- The option: an app can charge more for extras only if it offers you core delivery at 15% or less, with no add-ons required.
- Who's covered: independent restaurants in the city; chains (formula retail under the Planning Code) are excluded.
- Leaving: the app must end your contract within 72 hours of your notice.
- Penalty: up to $1,000 per violation, imposed by OEWD.
What does San Francisco's law require?
| Rule | What Article 53 says |
|---|---|
| Fee cap | No fee, commission or charge above 15% of the purchase price of an online order, per order and over each fee period (Police Code §5302(a)–(b)) |
| Exception since 31 Jan 2023 | The cap doesn't apply to an app that offers all covered restaurants core delivery service for 15% or less, without requiring other services, and told existing restaurants about it by 1 Dec 2022 |
| Core delivery service | Listing and discoverability on all the app's websites and apps, plus delivery. Not advertising, SEO, business consulting or card processing |
| Contracts | Must state each fee clearly; a core-delivery-only contract must state 15% |
| Price freedom | An app may not restrict the prices you charge, on the app or anywhere else |
| Phone orders | No fee for a phone call that doesn't end in a purchase during the call |
| Consent | An app may not take or deliver your orders without your written agreement |
| Ending a contract | Within 72 hours of your oral or written notice (email and text count) |
| Records | The app keeps compliance records for 3 years and must hand them to OEWD within 72 hours (weekends and holidays not counted) |
| Penalty | Up to $1,000 per violation |
Who is covered?
A restaurant is covered if it meets the Health Code's definition of a restaurant, sells food online for same-day delivery from at least one location in San Francisco, and is not formula retail (the Planning Code's term for chain businesses). The law applies to any app or website that arranges same-day delivery or pickup from at least 20 separately owned restaurants, which includes DoorDash, Uber Eats and Grubhub.
What it means on a $30 order
| Plan | Fee on a $30 order (menu price) | You keep before food costs |
|---|---|---|
| Core delivery service (capped) | at most $4.50 (15%) | $25.50 |
| A higher plan with extra reach or marketing, e.g. 30% | $9.00 | $21.00 |
| Your own ordering page with Stripe (2.9% + 30¢) | $1.17 | $28.83, before your plan fee and delivery costs |
Worked example: a Mission District taquería does 250 app deliveries a month at $30. Core delivery costs at most $1,125 a month; a 30% plan costs $2,250. The extra $1,125 buys the app's wider reach and promotion, which the law lets you choose but not be forced into.
Uber Eats lists a 15% Lite delivery rate in San Francisco (20% in most of the US), in line with the core-delivery option. See Uber Eats commission in the US.
How did the rule change in 2022?
The 15% cap was added by Ordinance 234-20, effective 21 December 2020. Ordinance 164-22, effective 28 August 2022, added the core-delivery exception from 31 January 2023. Since then the 15% figure works as a guaranteed option rather than a ceiling on every plan.
How to report a suspected violation
OEWD enforces Article 53 and publishes how to report a violation on sf.gov. Keep your contract, the plan you chose and your statements: the app must keep its own records for three years.
Use the capped plan for new customers and your own page for regulars. See the.
Frequently asked questions
Is there a cap on DoorDash fees in San Francisco?
Yes, 15% of the order's menu price for covered restaurants. Since 31 January 2023 DoorDash and other apps may charge more for extra services if they also offer a core delivery service at 15% or less.
Does San Francisco's cap apply to chain restaurants?
No. Restaurants that are formula retail under San Francisco's Planning Code are not covered by Article 53.
Do taxes and tips count toward the 15%?
No. The cap applies to the purchase price, which the law defines as the menu price of the order, excluding taxes, gratuities and other fees.
How quickly must an app let me leave?
It must terminate the contract within 72 hours after you give oral or written notice to the contact named in your contract or app.
What is the penalty for breaking San Francisco's delivery law?
An administrative penalty of up to $1,000 per violation, imposed by the Director of the Office of Economic and Workforce Development.
Sources (3)
- San Francisco Police Code §5302, "Cap on per-order fees; clear definition of fees required": https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_police/0-0-0-51752 (read 20 Oct 2026, 2026 S-96 current): (a)–(d) as summarised; "(Added by Ord. 234-20, File No. 200398, App. 11/20/2020, Eff. 12/21/2020; amended by Ord. 164-22, File No. 211131, App. 7/28/2022, Eff. 8/28/2022)".
- SF OEWD, "Frequently Asked Questions on Delivery Service Regulations" (15 Nov 2022): https://www.sf.gov/reports--november-2022--frequently-asked-questions-delivery-service-regulations (read 20 Oct 2026): covered restaurants (Health Code §451; not Formula Retail under Planning Code §303.1); platforms serving "no fewer than 20 separately owned and operated" establishments; core delivery definition; purchase price excludes taxes and gratuities; no price restrictions; phone-call fee ban; written consent; 72-hour termination; records 3 years / 72 hours; "administrative penalty not to exceed $1,000 per violation".
- Stripe US standard card rate 2.9% + 30¢ (from Stripe's US support/pricing pages; stripe.com geo-redirects from this machine, as noted in Wave 1).