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90_HB0678enr
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) If the brewer or wholesaler who is a party to an
10 agreement pursuant to this Act fails to comply with this Act
11 or otherwise engages in conduct prohibited under this Act,
12 the affected party may maintain a civil suit in a court of
13 competent jurisdiction if the cause of action directly
14 relates to or stems from the relationship of the individual
15 parties under the agreement, provided that any such suit
16 shall be filed in a State or federal court of competent
17 jurisdiction located in Illinois.
18 (2) A brewer or wholesaler may bring an action for
19 declaratory judgment for determination of any controversy
20 arising under this Act or out of the brewer and wholesaler
21 relationship.
22 (3) Upon proper application to the court, a brewer or
23 wholesaler may obtain injunctive relief against any violation
24 of this Act.
25 (4) In any action under subsection (1) the court may
26 grant such relief as the court determines is necessary or
27 appropriate considering the purposes of this Act.
28 (5) The prevailing party in any action under subsection
29 (1) shall be entitled to (i) actual damages, (ii) all court
30 costs, and (iii) attorneys' fees at the court's discretion.
31 (6) With respect to any dispute arising under this Act
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1 or out of the relationship between brewer and wholesaler, the
2 wholesaler and the brewer each has the absolute right before
3 it has agreed to arbitrate a particular dispute to refuse to
4 arbitrate that particular dispute. Arbitration shall be
5 conducted in accordance with the Commercial Arbitration Rules
6 of the American Arbitration Association and the laws of this
7 State, and judgment upon the award rendered by the arbitrator
8 may be entered in any court having jurisdiction. A brewer
9 may not, as a condition of entering into or renewing an
10 agreement, require the wholesaler to agree to arbitration
11 instead of judicial remedies.
12 (Source: P.A. 85-722; 86-1485.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.