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Public Act 102-1056


 

Public Act 1056 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-1056
 
HB3205 EnrolledLRB102 10919 JLS 16250 b

    AN ACT concerning business.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Fair
Food and Retail Delivery Act.
 
    Section 5. Definitions. As used in this Act:
    "Agreement" means a written agreement between a merchant
and a third-party delivery service.
    "Customer" means the person, business, or other entity
that places an order for a merchant's products through a
digital network.
    "Digital network" means a third-party delivery service's
Internet site or online-enabled application, software, or
system that allows a customer to view, search, and purchase
products for delivery by a third-party delivery service to a
customer.
    "Likeness" means identifiable symbols attributed and
easily identified as belonging to a specific merchant or
retailer.
    "Merchant" means a restaurant, bar, or other retail
entity.
    "Third-party delivery service" means a company,
organization, person, or entity outside of the operation of
the merchant's business, not wholly owned by the merchant,
that provides delivery services to customers through a digital
network.
    "Third-party delivery service driver" means an individual
that provides delivery services on behalf of a third-party
delivery service to customers.
 
    Section 10. Third-party use of merchant likenesses and
delivery. A third-party delivery service may not purchase or
use the name, likeness, registered trademark, or intellectual
property belonging to a merchant, and may not take or arrange
for the pickup or delivery of an order from a merchant through
a digital network, without first obtaining written consent
from the merchant.
 
    Section 15. Indemnity agreements void. An agreement
between a merchant and third-party food delivery service for
the provision of limited third-party delivery services entered
into or renewed after the effective date of this Act may not
include a provision that requires a merchant to indemnify a
third-party delivery service, an independent contractor of the
third-party delivery service, a third-party delivery service
driver, or a registered agent of the third-party delivery
service for any damages or harm partially or wholly caused by
or resulting from the third-party delivery service, an
independent contractor of the third-party delivery service, a
third-party delivery service driver, or a registered agent of
the third-party delivery service.
 
    Section 20. Enforcement and penalties. A merchant whose
likeness is used, or pickup or delivery is arranged through a
third-party delivery service in violation of Section 10, may
bring an action in the circuit court in the county in which the
merchant conducts business to recover actual damages or up to
$5,000, whichever is greater. The court may, in its
discretion, award punitive damages and other equitable relief
it deems appropriate.

Effective Date: 1/1/2023