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


Sen. Sara Feigenholtz

Filed: 3/29/2022





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2    AMENDMENT NO. ______. Amend House Bill 3205 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the Fair
5Food and Retail 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
12    "Likeness" means identifiable symbols attributed and
13easily identified as belonging to a specific merchant or
15    "Marketplace" means a third-party delivery service's
16proprietary online communication platform by means of which



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1customers may view, search, and place orders for the products
2of merchants via the third-party delivery service's website or
3mobile application for delivery by the third-party delivery
4service to the customer.
5    "Merchant" means a restaurant, bar, or other retail
7    "Third-party delivery service" means a company,
8organization, or entity outside of the operation of the
9merchant's business that provides limited delivery services to
11    Section 10. Third-party use of merchant likenesses and
12delivery. A third-party delivery service may not purchase or
13use the name, likeness, registered trademark, or intellectual
14property belonging to a merchant, and may not take or arrange
15for the pickup or delivery of an order from a merchant through
16the marketplace, without first obtaining written consent from
17the merchant.
18    Section 15. Indemnity agreements void. An agreement
19entered into pursuant to this Act may not include a provision
20that requires a merchant to indemnify a third-party delivery
21service, an independent contractor of the third-party delivery
22service, or a registered agent of the third-party delivery
23service for any damages or harm partially or wholly caused by
24or resulting from the third-party delivery service, an



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1independent contractor of the third-party delivery service, or
2a registered agent of the third-party delivery service.
3    Section 20. Enforcement and penalties.
4    (a) A merchant whose likeness is used, or pickup or
5delivery is arranged through the marketplace, by a third-party
6delivery service in violation of this Act may bring an action
7in the circuit court in the county in which the merchant or
8third-party delivery service conducts business to recover
9actual damages or $5,000, whichever is greater. The court may,
10in its discretion, award punitive damages and other equitable
11relief it deems appropriate.
12    (b) The court may impose upon a third-party delivery
13service found to have violated this Act a civil penalty of not
14more than $1,000 per violation payable to the State. Each day a
15violation occurs shall count as a separate violation.".