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| Public Act 102-1056 | ||||
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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. | ||||
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.
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