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Rep. Margaret Croke
Filed: 3/7/2025
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| 1 | | AMENDMENT TO HOUSE BILL 2456
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| 2 | | AMENDMENT NO. ______. Amend House Bill 2456 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 1. Short title. This Act may be cited as the |
| 5 | | Restaurant Reservation Anti-Piracy Act.
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| 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.
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| 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.
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| 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.". |
