Public Act 90-0091 of the 90th General Assembly

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Public Act 90-0091

HB0678 Enrolled                                LRB9002502LDcb

    AN ACT to amend the Beer Industry  Fair  Dealing  Act  by
changing Section 9.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Beer Industry Fair Dealing Act is amended
by changing Section 9 as follows:

    (815 ILCS 720/9) (from Ch. 43, par. 309)
    Sec. 9.  Judicial Remedies.
    (1)  If the brewer or wholesaler who is  a  party  to  an
agreement  pursuant to this Act fails to comply with this Act
or otherwise engages in conduct prohibited  under  this  Act,
the  affected  party  may maintain a civil suit in a court of
competent  jurisdiction  if  the  cause  of  action  directly
relates to or stems from the relationship of  the  individual
parties  under  the  agreement,  provided  that any such suit
shall be filed in a  State  or  federal  court  of  competent
jurisdiction located in Illinois.
    (2)  A  brewer  or  wholesaler  may  bring  an action for
declaratory judgment for  determination  of  any  controversy
arising  under  this  Act or out of the brewer and wholesaler
    (3)  Upon proper application to the court,  a  brewer  or
wholesaler may obtain injunctive relief against any violation
of this Act.
    (4)  In  any  action  under  subsection (1) the court may
grant such relief as the court  determines  is  necessary  or
appropriate considering the purposes of this Act.
    (5)  The  prevailing party in any action under subsection
(1) shall be entitled to (i) actual damages, (ii)  all  court
costs, and (iii) attorneys' fees at the court's discretion.
    (6)  With  respect  to any dispute arising under this Act
or out of the relationship between brewer and wholesaler, the
wholesaler and the brewer each has the absolute right  before
it  has agreed to arbitrate a particular dispute to refuse to
arbitrate that  particular  dispute.   Arbitration  shall  be
conducted in accordance with the Commercial Arbitration Rules
of  the American Arbitration Association and the laws of this
State, and judgment upon the award rendered by the arbitrator
may be entered in any court having  jurisdiction.   A  brewer
may  not,  as  a  condition  of  entering into or renewing an
agreement, require the wholesaler  to  agree  to  arbitration
instead of judicial remedies.
(Source: P.A. 85-722; 86-1485.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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