(

a) Notwithstanding

Section 6041, a person that is a delivery network company is not a marketplace facilitator for purposes of this chapter. (

b) For purposes of this section, all of the following

definitions shall apply: (1) “Delivery network company” means a business entity that maintains an internet website or mobile application used to facilitate delivery services for the sale of local products. (2) “Delivery services” means the pickup of one or more local products from a local merchant and delivery of the local products to a customer. “Delivery services” do not include any delivery requiring over miles of travel from the local merchant to the customer. (3) “Local merchant” means a third-party merchant, including, but not limited to, a kitchen, restaurant, grocery store, retail store, convenience store, or business of another type, that is not under common ownership or control with the delivery network company. (4) “Local product” means any item, including food, other than freight, mail, or a package to which postage has been affixed. (

c) Notwithstanding subdivision (a), a delivery network company that meets the definition set forth in subdivision (

b) of

Section may elect, in a reasonable manner and duration prescribed by the department, to be deemed a marketplace facilitator pursuant to this chapter. Consistent with this section, the department shall adopt regulations that establish the criteria for obtaining and retaining an election to be a marketplace facilitator pursuant to this subdivision.