HB3095 102ND GENERAL ASSEMBLY

LRB102 15177 JLS 20532 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3095

Introduced 2/19/2021, by Rep. Sonya M. Harper

SYNOPSIS AS INTRODUCED:

New Act

Creates the Delivery Service Regulation Act. Limits fees that third-party delivery services may charge with respect to deliveries from restaurants and grocery stores. Requires a discount of fees for grocery deliveries in food deserts. Provides for the Department of Financial and Professional Regulation to conduct a study on the provision of services, including transportation services, and fees of third-party delivery services. Defines terms.

FISCAL NOTE ACT MAY APPLY

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 Delivery Service Regulation Act.

Section 5. Definitions. In this Act:

"Delivery fee" means a fee charged by a third-party delivery service for providing a food dispensing establishment with a service that delivers food and beverages from the establishment to customers or charged for delivery from a grocery store.

"Food desert" means an urban area in which it is difficult to buy affordable or good quality fresh food.

"Food dispensing establishment" means any fixed location where food or drink is routinely prepared and served or provided for the public for consumption on or off the premises with or without charge. Such establishments include, but are not limited to, restaurants, coffee shops, cafeterias, short order cafes, luncheonettes, grills, tearooms, sandwich shops, soda fountains, taverns, bars, cocktail lounges, nightclubs, industrial feeding establishments, take-out establishments, private institutions or organizations routinely serving food, catering kitchens, commissaries, or any other eating or drinking establishment or operation.

"Grocery store" means a business engaged in the sale of food, beverages and other goods usually used in a home.

"Third-party delivery service" means any website, mobile application, or other Internet service that offers or arranges for the provision of transportation services or that arranges for the sale of food and beverages prepared by, and the delivery or pick-up of food and beverages from, food dispensing establishments or grocery stores that are each owned and operated by different persons.

Section 10. Delivery service fees limited.

(a) A third-party delivery service may not charge a fee to a food dispensing establishment or grocery store in excess of 15% of the cost of the item being delivered.

(b) Fees imposed by a third-party delivery service upon consumers must be equitable and may not discriminate against consumers based on race, gender, sexual orientation, national origin, ethnicity, or socioeconomic status.

(c) A third-party delivery service must provide a discount of 25% from its usual and customary fee charged for delivery of groceries to a consumer located in a food desert.

Section 15. Fee disparity study. The Department of Financial and Professional Regulation shall perform a disparity study on the provision of transportation services and on the fees charged by third-party delivery services. The study shall be designed to ascertain whether there is a disparity in the fees charged by zip code, race, gender, sexual orientation, national origin, ethnicity, or socioeconomic status.