Public Act 102-1056
 
HB3205 EnrolledLRB102 10919 JLS 16250 b


  
    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 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.


Effective Date:  1/1/2023