(1) uses an online modality or platform, such as:

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(B) a mobile application; or

(C) another Internet service;

to offer or arrange for the sale, and same-day delivery or pick up, of food and beverages prepared or provided by one (1) or more covered establishments that are not affiliates of the person; and

(2) engages in the activities described in subdivision (1):

(A) for consideration; or

(B) for the purpose of obtaining customer data related to a transaction between a covered establishment and a customer of the covered establishment.

     (b) The term does not include an:

(1) Internet service provider; or

(2) Internet search engine;

used by a third party food delivery service, a covered establishment, or a customer of a covered establishment if the Internet service provider or Internet search engine does not both receive consideration for and offer and arrange for the sale, and same-day delivery or pick up, of food and beverages prepared or provided by one (1) or more covered establishments that are not affiliates of the Internet service provider or the Internet search engine, as described in subsection (a)(1) and (a)(2).

As added by P.L.136-2023, SEC.1.