Sen. Melinda Bush

Filed: 4/27/2021





10200SB0672sam002LRB102 10211 KTG 25927 a


2    AMENDMENT NO. ______. Amend Senate Bill 672 by replacing
3everything after the enacting clause with the following:
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



10200SB0672sam002- 2 -LRB102 10211 KTG 25927 a

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



10200SB0672sam002- 3 -LRB102 10211 KTG 25927 a

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.".