Bill Text: IL SB2975 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Fair Food Delivery Act. Prohibits a third-party delivery service from using the likeness, registered trademark, or intellectual property belonging to a merchant, and from taking or arranging for the pickup or delivery of an order from a merchant through the marketplace, without first obtaining written consent from the merchant. Provides that an agreement subject to the 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, 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, or a registered agent of the third-party delivery service. Authorizes recovery of actual damages or $5,000, whichever is greater. Imposes a civil penalty of not more than $1,000 per violation. Provides that each day a violation occurs constitutes a separate violation. Defines terms.

Spectrum: Strong Partisan Bill (Democrat 17-1)

Status: (Introduced - Dead) 2022-03-25 - Rule 3-9(a) / Re-referred to Assignments [SB2975 Detail]

Download: Illinois-2021-SB2975-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB2975 Introduced 1/5/2022, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
New Act
Creates the Fair Food Delivery Act. Prohibits a third-party delivery service from using the likeness, registered trademark, or intellectual property belonging to a merchant, and from taking or arranging for the pickup or delivery of an order from a merchant through the marketplace, without first obtaining written consent from the merchant. Provides that an agreement subject to the 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, 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, or a registered agent of the third-party delivery service. Authorizes recovery of actual damages or $5,000, whichever is greater. Imposes a civil penalty of not more than $1,000 per violation. Provides that each day a violation occurs constitutes a separate violation. Defines terms.
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A BILL FOR
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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 Delivery Act.
Section 5. Definitions. In this Act:
"Agreement" means a written contractual agreement between
the merchant and a third-party delivery service.
"Customer" means the person, business, or other entity
that places an order for merchant products through the
marketplace.
"Likeness" means identifiable symbols attributed and
easily identified as belonging to a specific merchant or
retailer.
"Marketplace" means a third-party delivery service's
proprietary online communication platform by means of which
customers may view, search, and place orders for the products
of merchants via the third-party delivery service's website or
mobile application for delivery by the third-party delivery
service to the customer.
"Merchant" means a restaurant, bar, or other retail
entity.
"Third-party delivery service" means a company,

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organization, or entity outside of the operation of the
merchant's business that provides limited delivery services 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
the marketplace, without first obtaining written consent from
the merchant.
Section 15. Indemnity agreements void. An agreement
entered into pursuant to 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, 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, or
a registered agent of the third-party delivery service.
Section 20. Enforcement and penalties.
(a) A merchant whose likeness is used, or pickup or
delivery is arranged through the marketplace, by a third-party
delivery service in violation of this Act may bring an action

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in the circuit court in the county in which the merchant or
third-party delivery service conducts business to recover
actual damages or $5,000, whichever is greater. The court may,
in its discretion, award punitive damages and other equitable
relief it deems appropriate.
(b) The court may impose upon a third-party delivery
service found to have violated this Act a civil penalty of not
more than $1,000 per violation payable to the State. Each day a
violation occurs shall count as a separate violation.