104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2456
 
Introduced 2/4/2025, by Rep. Margaret Croke
 
SYNOPSIS AS INTRODUCED:
 
New Act
    Creates the Restaurant Reservation Anti-Piracy Act. Provides that a third-party restaurant reservation service shall not list, advertise, promote, or sell reservations for a food service establishment through the website, mobile application, or other platform of the third-party restaurant reservation service without a written agreement between the third-party restaurant reservation service and the food service establishment. Provides that a written agreement that contains specified indemnifications shall be void and unenforceable. Provides that any person who violates, or causes another person to violate, a provision of the Act shall be subject to a civil penalty of up to $1,000 for each violation. Provides for a private right of action.


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A BILL FOR
 
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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 
5Restaurant Reservation Anti-Piracy Act.
 
6    Section 5. Definitions. In this Act:
7    "Food service establishment" means a place where food is 
8provided for individual portion service directly to the 
9consumer whether the food is provided free of charge or sold, 
10and whether consumption occurs on or off the premises or is 
11provided from a pushcart, stand, or vehicle.
12    "Third-party restaurant reservation service" means any 
13website, mobile application, or other Internet service that 
14(i) offers or arranges for reserving on-premises service for a 
15customer at a food service establishment and (ii) is owned and 
16operated by a person other than the person who owns the food 
17service establishment.
 
18    Section 10. Reservation service agreements.
19    (a) A third-party restaurant reservation service shall not 
20list, advertise, promote, or sell reservations for a food 
21service establishment through the website, mobile application, 
22or other platform of the third-party restaurant reservation 
 
 
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1service without a written agreement between the third-party 
2restaurant reservation service and the food service 
3establishment to include reservations at the food service 
4establishment on the website, mobile application, or other 
5platform.
6    (b) An agreement executed in accordance with this Section 
7shall not include a provision, clause, or covenant that 
8requires a food service establishment to indemnify a 
9third-party restaurant reservation service, any independent 
10contractor acting on behalf of the third-party restaurant 
11reservation service, or any registered agent of the 
12third-party restaurant reservation service, for any damages or 
13harm by an act or omission initiated by the third-party 
14restaurant reservation service. To the extent an agreement 
15executed in accordance with this Section contains such a 
16provision, the provision shall be deemed void and 
17unenforceable.
 
18    Section 15. Violations; civil penalties.
19    (a) Any person who violates, or causes another person to 
20violate, a provision of this Act shall be subject to a civil 
21penalty of up to $1,000 for each violation. Each day that a 
22third-party restaurant reservation service violates this Act 
23with respect to a food service establishment constitutes a 
24single violation of this Act. A proceeding to recover any 
25civil penalty or restitution under this Act may be brought by 
 
 
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1the Attorney General.
2    (b) Any person charged fees by a third-party restaurant 
3reservation service that respect to a reservation listed, 
4advertised, promoted, or sold in violation of this Act, or 
5food service establishment which a third-party restaurant 
6reservation service listed, advertised, promoted, or sold a 
7reservation in violation of this Act, may bring a civil action 
8in circuit court fort:
9        (1) injunctive relief to restrain or enjoin any 
10    activity in violation of this Act;
11        (2) actual damages not to exceed the total fees 
12    collected by the third-party restaurant reservation 
13    service in violation of this Act; and
14        (3) attorney's fees and costs; and 
15        (4) other remedies as the court may deem appropriate.
16    (c) Any action alleging a violation of this Act shall be 
17brought within one year after the alleged violation of this 
18Act occurred.