Illinois General Assembly - Full Text of SB2904
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Full Text of SB2904  102nd General Assembly

SB2904 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2904

 

Introduced 5/26/2021, by Sen. Melinda Bush

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Fair Food Delivery Act. Provides that a third-party delivery service may not purchase or use the name, likeness, registered trademark, or intellectual property belonging to a merchant, and may not take or arrange for the pickup or delivery of an order from a merchant through the marketplace, without first obtaining written consent from the merchant. Provides that an agreement entered into pursuant to the Act may not include a provision that requires a merchant to indemnify a third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service for any damages or harm partially or wholly caused by or resulting from the third-party delivery service, an independent contractor of the third-party delivery service, or a registered agent of the third-party delivery service. 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.


LRB102 18580 KTG 26883 b

 

 

A BILL FOR

 

SB2904LRB102 18580 KTG 26883 b

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 Fair
5Food Delivery Act.
 
6    Section 5. Definitions. In this Act:
7    "Agreement" means a written contractual agreement between
8the merchant and a third-party delivery service.
9    "Customer" means the person, business, or other entity
10that places an order for merchant products through the
11marketplace.
12    "Likeness" means identifiable symbols attributed and
13easily identified as belonging to a specific merchant or
14retailer.
15    "Marketplace" means a third party delivery service's
16proprietary online communication platform by means of which
17customers may view, search, and place orders for the products
18of merchants via the third party delivery service's website or
19mobile application for delivery by the third party delivery
20service to the customer.
21    "Merchant" means a restaurant, bar, or other retail
22entity.
23    "Third-party delivery service" means a company,

 

 

SB2904- 2 -LRB102 18580 KTG 26883 b

1organization, or entity outside of the operation of the
2merchant's business that provides limited delivery services to
3customers.
 
4    Section 10. Third-party use of merchant likenesses and
5delivery. A third-party delivery service may not purchase or
6use the name, likeness, registered trademark, or intellectual
7property belonging to a merchant, and may not take or arrange
8for the pickup or delivery of an order from a merchant through
9the marketplace, without first obtaining written consent from
10the merchant.
 
11    Section 15. Indemnity agreements void. An agreement
12entered into pursuant to this Act may not include a provision
13that requires a merchant to indemnify a third-party delivery
14service, an independent contractor of the third-party delivery
15service, or a registered agent of the third-party delivery
16service for any damages or harm partially or wholly caused by
17or resulting from the third-party delivery service, an
18independent contractor of the third-party delivery service, or
19a registered agent of the third-party delivery service.
 
20    Section 20. Enforcement and penalties.
21    (a) A merchant whose likeness is used, or pickup or
22delivery is arranged through the marketplace, by a third-party
23delivery service in violation of this Act may bring an action

 

 

SB2904- 3 -LRB102 18580 KTG 26883 b

1in the circuit court in the county in which the merchant or
2third-party delivery service conducts business to recover
3actual damages or $5,000, whichever is greater. The court may,
4in its discretion, award punitive damages and other equitable
5relief it deems appropriate.
6    (b) The court may impose upon a third-party delivery
7service found to have violated this Act a civil penalty of not
8more than $1,000 per violation payable to the State. Each day a
9violation occurs shall count as a separate violation.