Illinois General Assembly - Full Text of HB3205
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Full Text of HB3205  102nd General Assembly




HB3205 EnrolledLRB102 10919 JLS 16250 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 and Retail Delivery Act.
6    Section 5. Definitions. As used in this Act:
7    "Agreement" means a written agreement between a merchant
8and a third-party delivery service.
9    "Customer" means the person, business, or other entity
10that places an order for a merchant's products through a
11digital network.
12    "Digital network" means a third-party delivery service's
13Internet site or online-enabled application, software, or
14system that allows a customer to view, search, and purchase
15products for delivery by a third-party delivery service to a
17    "Likeness" means identifiable symbols attributed and
18easily identified as belonging to a specific merchant or
20    "Merchant" means a restaurant, bar, or other retail
22    "Third-party delivery service" means a company,
23organization, person, or entity outside of the operation of



HB3205 Enrolled- 2 -LRB102 10919 JLS 16250 b

1the merchant's business, not wholly owned by the merchant,
2that provides delivery services to customers through a digital
4    "Third-party delivery service driver" means an individual
5that provides delivery services on behalf of a third-party
6delivery service to customers.
7    Section 10. Third-party use of merchant likenesses and
8delivery. A third-party delivery service may not purchase or
9use the name, likeness, registered trademark, or intellectual
10property belonging to a merchant, and may not take or arrange
11for the pickup or delivery of an order from a merchant through
12a digital network, without first obtaining written consent
13from the merchant.
14    Section 15. Indemnity agreements void. An agreement
15between a merchant and third-party food delivery service for
16the provision of limited third-party delivery services entered
17into or renewed after the effective date of this Act may not
18include a provision that requires a merchant to indemnify a
19third-party delivery service, an independent contractor of the
20third-party delivery service, a third-party delivery service
21driver, or a registered agent of the third-party delivery
22service for any damages or harm partially or wholly caused by
23or resulting from the third-party delivery service, an
24independent contractor of the third-party delivery service, a



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1third-party delivery service driver, or a registered agent of
2the third-party delivery service.
3    Section 20. Enforcement and penalties. A merchant whose
4likeness is used, or pickup or delivery is arranged through a
5third-party delivery service in violation of Section 10, may
6bring an action in the circuit court in the county in which the
7merchant conducts business to recover actual damages or up to
8$5,000, whichever is greater. The court may, in its
9discretion, award punitive damages and other equitable relief
10it deems appropriate.