SB0672 EngrossedLRB102 10211 JLS 15534 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
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
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
23    "Third-party delivery service" means a company,



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1organization, or entity outside of the operation of the
2merchant's business that provides limited delivery services to
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



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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.