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| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
90_HB0678
815 ILCS 720/9 from Ch. 43, par. 309
Amends the Beer Industry Fair Dealing Act. Provides that
legal action may be filed pursuant to the Act in a court of
competent jurisdiction, State or federal, located in
Illinois, which State court is located in or which federal
court has jurisdiction and venue of the county in which the
wholesaler maintains its principal place of business in
Illinois. Effective immediately.
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1 AN ACT to amend the Beer Industry Fair Dealing Act by
2 changing Section 9.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Beer Industry Fair Dealing Act is amended
6 by changing Section 9 as follows:
7 (815 ILCS 720/9) (from Ch. 43, par. 309)
8 Sec. 9. Judicial Remedies.
9 (1) Any legal action taken pursuant to this Act or
10 relating to the brewer-wholesaler agreement shall be filed in
11 a court of competent jurisdiction, State or federal, located
12 in Illinois, which State court is located in or which federal
13 court has jurisdiction and venue of the county in which the
14 wholesaler maintains its principal place of business in
15 Illinois. If the brewer or wholesaler who is a party to an
16 agreement pursuant to this Act fails to comply with this Act
17 or otherwise engages in conduct prohibited under this Act,
18 the affected party may maintain a civil suit in a court of
19 competent jurisdiction if the cause of action directly
20 relates to or stems from the relationship of the individual
21 parties under the agreement.
22 (2) A brewer or wholesaler may bring an action for
23 declaratory judgment for determination of any controversy
24 arising under this Act or out of the brewer and wholesaler
25 relationship.
26 (3) Upon proper application to the court, a brewer or
27 wholesaler may obtain injunctive relief against any violation
28 of this Act.
29 (4) In any action under subsection (1) the court may
30 grant such relief as the court determines is necessary or
31 appropriate considering the purposes of this Act.
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1 (5) The prevailing party in any action under subsection
2 (1) shall be entitled to (i) actual damages, (ii) all court
3 costs, and (iii) attorneys' fees at the court's discretion.
4 (6) With respect to any dispute arising under this Act
5 or out of the relationship between brewer and wholesaler, the
6 wholesaler and the brewer each has the absolute right before
7 it has agreed to arbitrate a particular dispute to refuse to
8 arbitrate that particular dispute. Arbitration shall be
9 conducted in accordance with the Commercial Arbitration Rules
10 of the American Arbitration Association and the laws of this
11 State, and judgment upon the award rendered by the arbitrator
12 may be entered in any court having jurisdiction. A brewer
13 may not, as a condition of entering into or renewing an
14 agreement, require the wholesaler to agree to arbitration
15 instead of judicial remedies.
16 (Source: P.A. 85-722; 86-1485.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.