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Public Act 102-1056
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| HB3205 Enrolled | LRB102 10919 JLS 16250 b |
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Fair |
Food and Retail Delivery Act.
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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 |
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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.
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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.
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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 |
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third-party delivery service driver, or a registered agent of |
the third-party delivery service.
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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.
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