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


Sen. Sara Feigenholtz

Filed: 3/30/2022





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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. 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



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1    "Likeness" means identifiable symbols attributed and
2easily identified as belonging to a specific merchant or
4    "Merchant" means a restaurant, bar, or other retail
6    "Third-party delivery service" means a company,
7organization, person, or entity outside of the operation of
8the merchant's business, not wholly owned by the merchant,
9that provides delivery services to customers through a digital
11    "Third-party delivery service driver" means an individual
12that provides delivery services on behalf of a third-party
13delivery service to customers.
14    Section 10. Third-party use of merchant likenesses and
15delivery. A third-party delivery service may not purchase or
16use the name, likeness, registered trademark, or intellectual
17property belonging to a merchant, and may not take or arrange
18for the pickup or delivery of an order from a merchant through
19a digital network, without first obtaining written consent
20from the merchant.
21    Section 15. Indemnity agreements void. An agreement
22between a merchant and third-party food delivery service for
23the provision of limited third-party delivery services entered
24into or renewed after the effective date of this Act may not



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1include a provision that requires a merchant to indemnify a
2third-party delivery service, an independent contractor of the
3third-party delivery service, a third-party delivery service
4driver, or a registered agent of the third-party delivery
5service for any damages or harm partially or wholly caused by
6or resulting from the third-party delivery service, an
7independent contractor of the third-party delivery service, a
8third-party delivery service driver, or a registered agent of
9the third-party delivery service.
10    Section 20. Enforcement and penalties. A merchant whose
11likeness is used, or pickup or delivery is arranged through a
12third-party delivery service in violation of Section 10, may
13bring an action in the circuit court in the county in which the
14merchant conducts business to recover actual damages or up to
15$5,000, whichever is greater. The court may, in its
16discretion, award punitive damages and other equitable relief
17it deems appropriate.".