HB3205sam002 102ND GENERAL ASSEMBLY

Sen. Sara Feigenholtz

Filed: 3/29/2022

10200HB3205sam002 LRB102 10919 SPS 38248 a

AMENDMENT TO HOUSE BILL 3205

AMENDMENT NO. ______. Amend House Bill 3205 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Fair Food and Retail 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, 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 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.".