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HB2456 - 104th General Assembly
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| 1 | AMENDMENT TO HOUSE BILL 2456 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 2456 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 1. Short title. This Act may be cited as the | ||||||
| 5 | Restaurant Reservation Anti-Piracy Act. | ||||||
| 6 | Section 5. Definitions. In this Act: | ||||||
| 7 | "Food service establishment" means a place where food is | ||||||
| 8 | provided for individual portion service directly to the | ||||||
| 9 | consumer whether the food is provided free of charge or sold, | ||||||
| 10 | and whether consumption occurs on or off the premises or is | ||||||
| 11 | provided from a pushcart, stand, or vehicle. | ||||||
| 12 | "Third-party restaurant reservation service" means any | ||||||
| 13 | website, mobile application, or other Internet service that | ||||||
| 14 | (i) offers or arranges for reserving on-premises service for a | ||||||
| 15 | customer at a food service establishment and (ii) is owned and | ||||||
| 16 | operated by a person other than the person who owns the food | ||||||
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| 1 | service establishment. "Third-party restaurant reservation | ||||||
| 2 | service" does not include any reservation distribution channel | ||||||
| 3 | that is authorized to distribute reservations through a | ||||||
| 4 | contract with either a food service establishment or an entity | ||||||
| 5 | authorized to distribute reservations through a contract with | ||||||
| 6 | the food service establishment. | ||||||
| 7 | Section 10. Reservation service agreements. A third-party | ||||||
| 8 | restaurant reservation service shall not list, advertise, | ||||||
| 9 | promote, or sell reservations for a food service establishment | ||||||
| 10 | through the website, mobile application, or other platform of | ||||||
| 11 | the third-party restaurant reservation service without a | ||||||
| 12 | written agreement between the third-party restaurant | ||||||
| 13 | reservation service and the food service establishment to | ||||||
| 14 | include reservations at the food service establishment on the | ||||||
| 15 | website, mobile application, or other platform. | ||||||
| 16 | Section 15. Violations; civil penalties. | ||||||
| 17 | (a) Any person who violates, or causes another person to | ||||||
| 18 | violate, a provision of this Act shall be subject to a civil | ||||||
| 19 | penalty of up to $1,000 for each violation. Each day that a | ||||||
| 20 | third-party restaurant reservation service violates this Act | ||||||
| 21 | with respect to a food service establishment constitutes a | ||||||
| 22 | single violation of this Act. A proceeding to recover any | ||||||
| 23 | civil penalty or restitution under this Act may be brought by | ||||||
| 24 | the Attorney General. | ||||||
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| 1 | (b) Any person charged fees by a third-party restaurant | ||||||
| 2 | reservation service that respect to a reservation listed, | ||||||
| 3 | advertised, promoted, or sold in violation of this Act, or | ||||||
| 4 | food service establishment which a third-party restaurant | ||||||
| 5 | reservation service listed, advertised, promoted, or sold a | ||||||
| 6 | reservation in violation of this Act, may bring a civil action | ||||||
| 7 | in circuit court for: | ||||||
| 8 | (1) injunctive relief to restrain or enjoin any | ||||||
| 9 | activity in violation of this Act; | ||||||
| 10 | (2) actual damages not to exceed the total fees | ||||||
| 11 | collected by the third-party restaurant reservation | ||||||
| 12 | service in violation of this Act; | ||||||
| 13 | (3) attorney's fees and costs; and | ||||||
| 14 | (4) other remedies as the court may deem appropriate. | ||||||
| 15 | (c) Any action alleging a violation of this Act shall be | ||||||
| 16 | brought within one year after the alleged violation of this | ||||||
| 17 | Act occurred.". | ||||||