Public Act 90-0091 of the 90th General Assembly
Public Act 90-0091
HB0678 Enrolled LRB9002502LDcb
AN ACT to amend the Beer Industry Fair Dealing Act by
changing Section 9.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Beer Industry Fair Dealing Act is amended
by changing Section 9 as follows:
(815 ILCS 720/9) (from Ch. 43, par. 309)
Sec. 9. Judicial Remedies.
(1) If the brewer or wholesaler who is a party to an
agreement pursuant to this Act fails to comply with this Act
or otherwise engages in conduct prohibited under this Act,
the affected party may maintain a civil suit in a court of
competent jurisdiction if the cause of action directly
relates to or stems from the relationship of the individual
parties under the agreement, provided that any such suit
shall be filed in a State or federal court of competent
jurisdiction located in Illinois.
(2) A brewer or wholesaler may bring an action for
declaratory judgment for determination of any controversy
arising under this Act or out of the brewer and wholesaler
relationship.
(3) Upon proper application to the court, a brewer or
wholesaler may obtain injunctive relief against any violation
of this Act.
(4) In any action under subsection (1) the court may
grant such relief as the court determines is necessary or
appropriate considering the purposes of this Act.
(5) The prevailing party in any action under subsection
(1) shall be entitled to (i) actual damages, (ii) all court
costs, and (iii) attorneys' fees at the court's discretion.
(6) With respect to any dispute arising under this Act
or out of the relationship between brewer and wholesaler, the
wholesaler and the brewer each has the absolute right before
it has agreed to arbitrate a particular dispute to refuse to
arbitrate that particular dispute. Arbitration shall be
conducted in accordance with the Commercial Arbitration Rules
of the American Arbitration Association and the laws of this
State, and judgment upon the award rendered by the arbitrator
may be entered in any court having jurisdiction. A brewer
may not, as a condition of entering into or renewing an
agreement, require the wholesaler to agree to arbitration
instead of judicial remedies.
(Source: P.A. 85-722; 86-1485.)
Section 99. Effective date. This Act takes effect upon
becoming law.