SB0672 102ND GENERAL ASSEMBLY

LRB102 10211 JLS 15534 b

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.

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'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 customers.

Section 10. Third-party use of merchant trademarks and likenesses. 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 intellectual property.

Section 15. 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 business.

Section 20. 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.

(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.

Section 99. Effective date. This Act takes effect upon becoming law.