Illinois General Assembly - Full Text of SB0672
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Full Text of SB0672  102nd General Assembly

SB0672 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0672

 

Introduced 2/25/2021, by Sen. Melinda Bush

 

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 without obtaining written consent from the merchant for the use of the likeness, trademark, or other intellectual property. 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 acting on behalf of the third-party delivery service, or a registered agent of the third-party delivery service for any damages or harm that may occur after the merchant's product leaves the merchant's place of business. 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. Effective immediately.


LRB102 10211 JLS 15534 b

 

 

A BILL FOR

 

SB0672LRB102 10211 JLS 15534 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Fair
5Food Delivery Act.
 
6    Section 5. Definitions. In this Act:
7    "Agreement" means a written contractual agreement between
8the merchant and a third-party delivery service.
9    "Customer" means the person, business, or other entity
10that places an order for merchant products through the
11marketplace.
12    "Likeness" means identifiable symbols attributed and
13easily identified as belonging to a specific merchant or
14retailer.
15    "Marketplace" means a third party's proprietary online
16communication platform by means of which customers may view,
17search, or place orders for the products of merchants via the
18third party's website or mobile application for delivery by
19the third party to the customer.
20    "Merchant" means a restaurant or other retail entity.
21    "Third-party delivery service" means a company,
22organization, or entity outside of the operation of the
23merchant's business that provides limited delivery services to

 

 

SB0672- 2 -LRB102 10211 JLS 15534 b

1customers.
 
2    Section 10. Third-party use of merchant trademarks and
3likenesses. A third-party delivery service may not use the
4likeness, registered trademark, or intellectual property
5belonging to a merchant without obtaining written consent from
6the merchant for the use of the likeness, trademark, or other
7intellectual property.
 
8    Section 15. Indemnity agreement void. An agreement subject
9to this Act may not include a provision that requires a
10merchant to indemnify a third-party delivery service, an
11independent contractor acting on behalf of the third-party
12delivery service, or a registered agent of the third-party
13delivery service for any damages or harm that may occur after
14the merchant's product leaves the merchant's place of
15business.
 
16    Section 20. Enforcement and penalties.
17    (a) A merchant whose likeness is used by a third-party
18delivery service in violation of this Act may bring an action
19in the circuit court in the county in which the merchant or
20third-party delivery service conducts business to recover
21actual damages or $5,000, whichever is greater. The court may,
22in its discretion, award punitive damages and other equitable
23relief it deems appropriate.

 

 

SB0672- 3 -LRB102 10211 JLS 15534 b

1    (b) The court may impose upon a third-party delivery
2service found to have violated this Act a civil penalty of not
3more than $1,000 per violation payable to the State. Each day a
4violation occurs shall count as a separate violation.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.