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| | SB0672 Engrossed | | LRB102 10211 JLS 15534 b |
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| 1 | | AN ACT concerning business.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 1. Short title. This Act may be cited as the Fair |
| 5 | | Food Delivery Act.
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| 6 | | Section 5. Definitions. In this Act: |
| 7 | | "Agreement" means a written contractual agreement between |
| 8 | | the merchant and a third-party delivery service. |
| 9 | | "Customer" means the person, business, or other entity |
| 10 | | that places an order for merchant products through the |
| 11 | | marketplace. |
| 12 | | "Likeness" means identifiable symbols attributed and |
| 13 | | easily identified as belonging to a specific merchant or |
| 14 | | retailer. |
| 15 | | "Marketplace" means a third-party delivery service's |
| 16 | | proprietary online communication platform by means of which |
| 17 | | customers may view, search, and place orders for the products |
| 18 | | of merchants via the third-party delivery service's website or |
| 19 | | mobile application for delivery by the third-party delivery |
| 20 | | service to the customer. |
| 21 | | "Merchant" means a restaurant, bar, or other retail |
| 22 | | entity. |
| 23 | | "Third-party delivery service" means a company, |
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| | SB0672 Engrossed | - 2 - | LRB102 10211 JLS 15534 b |
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| 1 | | organization, or entity outside of the operation of the |
| 2 | | merchant's business that provides limited delivery services to |
| 3 | | customers.
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| 4 | | Section 10. Third-party use of merchant likenesses and |
| 5 | | delivery. A third-party delivery service may not purchase or |
| 6 | | use the name, likeness, registered trademark, or intellectual |
| 7 | | property belonging to a merchant, and may not take or arrange |
| 8 | | for the pickup or delivery of an order from a merchant through |
| 9 | | the marketplace, without first obtaining written consent from |
| 10 | | the merchant.
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| 11 | | Section 15. Indemnity agreements void. An agreement |
| 12 | | entered into pursuant to this Act may not include a provision |
| 13 | | that requires a merchant to indemnify a third-party delivery |
| 14 | | service, an independent contractor of the third-party delivery |
| 15 | | service, or a registered agent of the third-party delivery |
| 16 | | service for any damages or harm partially or wholly caused by |
| 17 | | or resulting from the third-party delivery service, an |
| 18 | | independent contractor of the third-party delivery service, or |
| 19 | | a registered agent of the third-party delivery service.
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| 20 | | Section 20. Enforcement and penalties. |
| 21 | | (a) A merchant whose likeness is used, or pickup or |
| 22 | | delivery is arranged through the marketplace, by a third-party |
| 23 | | delivery service in violation of this Act may bring an action |
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| | SB0672 Engrossed | - 3 - | LRB102 10211 JLS 15534 b |
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| 1 | | in the circuit court in the county in which the merchant or |
| 2 | | third-party delivery service conducts business to recover |
| 3 | | actual damages or $5,000, whichever is greater. The court may, |
| 4 | | in its discretion, award punitive damages and other equitable |
| 5 | | relief it deems appropriate. |
| 6 | | (b) The court may impose upon a third-party delivery |
| 7 | | service found to have violated this Act a civil penalty of not |
| 8 | | more than $1,000 per violation payable to the State. Each day a |
| 9 | | violation occurs shall count as a separate violation.
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