Public Act 0227 104TH GENERAL ASSEMBLY

HB2456 Enrolled LRB104 06525 SPS 16561 b

Public Act 104-0227

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Restaurant Reservation Anti-Piracy Act.

Section 5. Definitions. In this Act:

"Food service establishment" means a place where food is provided for individual portion service directly to the consumer whether the food is provided free of charge or sold, and whether consumption occurs on or off the premises or is provided from a pushcart, stand, or vehicle.

"Third-party restaurant reservation service" means any website, mobile application, or other Internet service that (i) offers or arranges for reserving on-premises service for a customer at a food service establishment and (ii) is owned and operated by a person other than the person who owns the food service establishment. "Third-party restaurant reservation service" does not include any reservation distribution channel that is authorized to distribute reservations through a contract with either a food service establishment or an entity authorized to distribute reservations through a contract with the food service establishment.

Section 10. Reservation service agreements. A third-party restaurant reservation service shall not list, advertise, promote, or sell reservations for a food service establishment through the website, mobile application, or other platform of the third-party restaurant reservation service without a written agreement between the third-party restaurant reservation service and the food service establishment to include reservations at the food service establishment on the website, mobile application, or other platform.

Section 15. Violations; civil penalties.

(a) Any person who violates, or causes another person to violate, a provision of this Act shall be subject to a civil penalty of up to $1,000 for each violation. Each day that a third-party restaurant reservation service violates this Act with respect to a food service establishment constitutes a single violation of this Act. A proceeding to recover any civil penalty or restitution under this Act may be brought by the Attorney General.

(b) Any person charged fees by a third-party restaurant reservation service that with respect to a reservation listed, advertised, promoted, or sold in violation of this Act, or food service establishment which a third-party restaurant reservation service listed, advertised, promoted, or sold a reservation in violation of this Act, may bring a civil action in circuit court for:

(1) injunctive relief to restrain or enjoin any activity in violation of this Act;

(2) actual damages not to exceed the total fees collected by the third-party restaurant reservation service in violation of this Act;

(3) attorney's fees and costs; and

(4) other remedies as the court may deem appropriate.

(c) Any action alleging a violation of this Act shall be brought within one year after the alleged violation of this Act occurred.