SB2975 102ND GENERAL ASSEMBLY

LRB102 22173 KTG 31302 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2975

Introduced 1/5/2022, by Sen. Sara Feigenholtz

SYNOPSIS AS INTRODUCED:

New Act

Creates the Fair Food Delivery Act. Prohibits a third-party delivery service from using the likeness, registered trademark, or intellectual property belonging to a merchant, and from taking or arranging for the pickup or delivery of an order from a merchant through the marketplace, without first obtaining written consent from the merchant. Provides that an agreement subject to the Act may not include a provision that requires a merchant to indemnify a third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service for any damages or harm partially or wholly caused by or resulting from the third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service. Authorizes recovery of actual damages or $5,000, whichever is greater. Imposes a civil penalty of not more than $1,000 per violation. Provides that each day a violation occurs constitutes a separate violation. Defines terms.

A BILL FOR

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 Fair Food Delivery Act.

Section 5. Definitions. In this Act:

"Agreement" means a written contractual agreement between the merchant and a third-party delivery service.

"Customer" means the person, business, or other entity that places an order for merchant products through the marketplace.

"Likeness" means identifiable symbols attributed and easily identified as belonging to a specific merchant or retailer.

"Marketplace" means a third-party delivery service's proprietary online communication platform by means of which customers may view, search, and place orders for the products of merchants via the third-party delivery service's website or mobile application for delivery by the third-party delivery service to the customer.

"Merchant" means a restaurant, bar, or other retail entity.

"Third-party delivery service" means a company, organization, or entity outside of the operation of the merchant's business that provides limited delivery services to customers.

Section 10. Third-party use of merchant likenesses and delivery. A third-party delivery service may not purchase or use the name, likeness, registered trademark, or intellectual property belonging to a merchant, and may not take or arrange for the pickup or delivery of an order from a merchant through the marketplace, without first obtaining written consent from the merchant.

Section 15. Indemnity agreements void. An agreement entered into pursuant to this Act may not include a provision that requires a merchant to indemnify a third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service for any damages or harm partially or wholly caused by or resulting from the third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service.

Section 20. Enforcement and penalties.

(a) A merchant whose likeness is used, or pickup or delivery is arranged through the marketplace, by a third-party delivery service in violation of this Act may bring an action in the circuit court in the county in which the merchant or third-party delivery service conducts business to recover actual damages or $5,000, whichever is greater. The court may, in its discretion, award punitive damages and other equitable relief it deems appropriate.

(b) The court may impose upon a third-party delivery service found to have violated this Act a civil penalty of not more than $1,000 per violation payable to the State. Each day a violation occurs shall count as a separate violation.