Bill Amendment: IL SB0672 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: FAIR FOOD DELIVERY ACT
Status: 2021-08-13 - Public Act . . . . . . . . . 102-0358 [SB0672 Detail]
Download: Illinois-2021-SB0672-Senate_Amendment_002.html
Bill Title: FAIR FOOD DELIVERY ACT
Status: 2021-08-13 - Public Act . . . . . . . . . 102-0358 [SB0672 Detail]
Download: Illinois-2021-SB0672-Senate_Amendment_002.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 672
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 672 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 1. Short title. This Act may be cited as the Fair | ||||||
5 | Food Delivery Act .
| ||||||
6 | Section 5. Definitions. In this Act: | ||||||
7 | "Agreement" means a written contractual agreement between | ||||||
8 | the merchant and a third-party delivery service. | ||||||
9 | "Customer" means the person, business, or other entity | ||||||
10 | that places an order for merchant products through the | ||||||
11 | marketplace. | ||||||
12 | "Likeness" means identifiable symbols attributed and | ||||||
13 | easily identified as belonging to a specific merchant or | ||||||
14 | retailer. | ||||||
15 | "Marketplace" means a third party delivery service's | ||||||
16 | proprietary online communication platform by means of which |
| |||||||
| |||||||
1 | customers may view, search, and place orders for the products | ||||||
2 | of merchants via the third party delivery service's website or | ||||||
3 | mobile application for delivery by the third party delivery | ||||||
4 | service to the customer. | ||||||
5 | "Merchant" means a restaurant, bar, or other retail | ||||||
6 | entity. | ||||||
7 | "Third-party delivery service" means a company, | ||||||
8 | organization, or entity outside of the operation of the | ||||||
9 | merchant's business that provides limited delivery services to | ||||||
10 | customers.
| ||||||
11 | Section 10. Third-party use of merchant likenesses and | ||||||
12 | delivery. A third-party delivery service may not purchase or | ||||||
13 | use the name, likeness, registered trademark, or intellectual | ||||||
14 | property belonging to a merchant, and may not take or arrange | ||||||
15 | for the pickup or delivery of an order from a merchant through | ||||||
16 | the marketplace, without first obtaining written consent from | ||||||
17 | the merchant.
| ||||||
18 | Section 15. Indemnity agreements void. An agreement | ||||||
19 | entered into pursuant to this Act may not include a provision | ||||||
20 | that requires a merchant to indemnify a third-party delivery | ||||||
21 | service, an independent contractor of the third-party delivery | ||||||
22 | service, or a registered agent of the third-party delivery | ||||||
23 | service for any damages or harm partially or wholly caused by | ||||||
24 | or resulting from the third-party delivery service, an |
| |||||||
| |||||||
1 | independent contractor of the third-party delivery service, or | ||||||
2 | a registered agent of the third-party delivery service.
| ||||||
3 | Section 20. Enforcement and penalties. | ||||||
4 | (a) A merchant whose likeness is used, or pickup or | ||||||
5 | delivery is arranged through the marketplace, by a third-party | ||||||
6 | delivery service in violation of this Act may bring an action | ||||||
7 | in the circuit court in the county in which the merchant or | ||||||
8 | third-party delivery service conducts business to recover | ||||||
9 | actual damages or $5,000, whichever is greater. The court may, | ||||||
10 | in its discretion, award punitive damages and other equitable | ||||||
11 | relief it deems appropriate. | ||||||
12 | (b) The court may impose upon a third-party delivery | ||||||
13 | service found to have violated this Act a civil penalty of not | ||||||
14 | more than $1,000 per violation payable to the State. Each day a | ||||||
15 | violation occurs shall count as a separate violation.".
|