Full Text of SB0672 102nd General Assembly
SB0672 102ND GENERAL ASSEMBLY
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
Introduced 2/25/2021, by Sen. Melinda Bush
SYNOPSIS AS INTRODUCED:
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.
A BILL FOR
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Food Delivery Act
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
"Likeness" means identifiable symbols attributed and
easily identified as belonging to a specific merchant or
"Marketplace" means a third party's proprietary online
communication platform by means of which customers may view,
search, or place orders for the products of merchants via the
third party's website or mobile application for delivery by
the third party to the customer.
"Merchant" means a restaurant 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
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Third-party use of merchant trademarks and
A third-party delivery service may not use 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
Indemnity agreement void.
An agreement subject
to this 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
Enforcement and penalties.
(a) A merchant whose likeness is used 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.
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(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.
This Act takes effect upon