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Sen. Sara Feigenholtz
Filed: 3/30/2022
| | 10200HB3205sam003 | | LRB102 10919 SPS 38324 a |
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| 1 | | AMENDMENT TO HOUSE BILL 3205
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| 2 | | AMENDMENT NO. ______. Amend House Bill 3205 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 Fair |
| 5 | | Food and Retail Delivery Act.
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| 6 | | Section 5. Definitions. As used in this Act: |
| 7 | | "Agreement" means a written agreement between a merchant |
| 8 | | and a third-party delivery service. |
| 9 | | "Customer" means the person, business, or other entity |
| 10 | | that places an order for a merchant's products through a |
| 11 | | digital network. |
| 12 | | "Digital network" means a third-party delivery service's |
| 13 | | Internet site or online-enabled application, software, or |
| 14 | | system that allows a customer to view, search, and purchase |
| 15 | | products for delivery by a third-party delivery service to a |
| 16 | | customer. |
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| 1 | | "Likeness" means identifiable symbols attributed and |
| 2 | | easily identified as belonging to a specific merchant or |
| 3 | | retailer. |
| 4 | | "Merchant" means a restaurant, bar, or other retail |
| 5 | | entity. |
| 6 | | "Third-party delivery service" means a company, |
| 7 | | organization, person, or entity outside of the operation of |
| 8 | | the merchant's business, not wholly owned by the merchant, |
| 9 | | that provides delivery services to customers through a digital |
| 10 | | network. |
| 11 | | "Third-party delivery service driver" means an individual |
| 12 | | that provides delivery services on behalf of a third-party |
| 13 | | delivery service to customers.
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| 14 | | Section 10. Third-party use of merchant likenesses and |
| 15 | | delivery. A third-party delivery service may not purchase or |
| 16 | | use the name, likeness, registered trademark, or intellectual |
| 17 | | property belonging to a merchant, and may not take or arrange |
| 18 | | for the pickup or delivery of an order from a merchant through |
| 19 | | a digital network, without first obtaining written consent |
| 20 | | from the merchant.
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| 21 | | Section 15. Indemnity agreements void. An agreement |
| 22 | | between a merchant and third-party food delivery service for |
| 23 | | the provision of limited third-party delivery services entered |
| 24 | | into or renewed after the effective date of this Act may not |
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| 1 | | include a provision that requires a merchant to indemnify a |
| 2 | | third-party delivery service, an independent contractor of the |
| 3 | | third-party delivery service, a third-party delivery service |
| 4 | | driver, or a registered agent of the third-party delivery |
| 5 | | service for any damages or harm partially or wholly caused by |
| 6 | | or resulting from the third-party delivery service, an |
| 7 | | independent contractor of the third-party delivery service, a |
| 8 | | third-party delivery service driver, or a registered agent of |
| 9 | | the third-party delivery service.
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| 10 | | Section 20. Enforcement and penalties. A merchant whose |
| 11 | | likeness is used, or pickup or delivery is arranged through a |
| 12 | | third-party delivery service in violation of Section 10, may |
| 13 | | bring an action in the circuit court in the county in which the |
| 14 | | merchant conducts business to recover actual damages or up to |
| 15 | | $5,000, whichever is greater. The court may, in its |
| 16 | | discretion, award punitive damages and other equitable relief |
| 17 | | it deems appropriate.".
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