103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1266 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 815 ILCS 338/5815 ILCS 338/25 new Amends the Fair Food and Retail Delivery Act. Provides that beginning January 1, 2024, no third-party delivery service may charge a merchant a fee, commission, or charge per order through a digital network that totals more than 15% of the purchase price of the order, unless: (1) the third-party delivery service offers all merchants the option to obtain core delivery services for a fee, commission, or charge not to exceed 15% of the purchase price of the order without requiring the purchase of additional services; and (2) no later than November 1, 2023, the third-party delivery service notifies all merchants that have an existing contract with the third-party delivery service of this option. Defines "core delivery service". Effective immediately. LRB103 25000 SPS 51334 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1266 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 815 ILCS 338/5815 ILCS 338/25 new 815 ILCS 338/5 815 ILCS 338/25 new Amends the Fair Food and Retail Delivery Act. Provides that beginning January 1, 2024, no third-party delivery service may charge a merchant a fee, commission, or charge per order through a digital network that totals more than 15% of the purchase price of the order, unless: (1) the third-party delivery service offers all merchants the option to obtain core delivery services for a fee, commission, or charge not to exceed 15% of the purchase price of the order without requiring the purchase of additional services; and (2) no later than November 1, 2023, the third-party delivery service notifies all merchants that have an existing contract with the third-party delivery service of this option. Defines "core delivery service". Effective immediately. LRB103 25000 SPS 51334 b LRB103 25000 SPS 51334 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1266 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
815 ILCS 338/5815 ILCS 338/25 new 815 ILCS 338/5 815 ILCS 338/25 new
815 ILCS 338/5
815 ILCS 338/25 new
Amends the Fair Food and Retail Delivery Act. Provides that beginning January 1, 2024, no third-party delivery service may charge a merchant a fee, commission, or charge per order through a digital network that totals more than 15% of the purchase price of the order, unless: (1) the third-party delivery service offers all merchants the option to obtain core delivery services for a fee, commission, or charge not to exceed 15% of the purchase price of the order without requiring the purchase of additional services; and (2) no later than November 1, 2023, the third-party delivery service notifies all merchants that have an existing contract with the third-party delivery service of this option. Defines "core delivery service". Effective immediately.
LRB103 25000 SPS 51334 b LRB103 25000 SPS 51334 b
LRB103 25000 SPS 51334 b
A BILL FOR
HB1266LRB103 25000 SPS 51334 b HB1266 LRB103 25000 SPS 51334 b
HB1266 LRB103 25000 SPS 51334 b
1 AN ACT concerning business.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Fair Food and Retail Delivery Act is
5 amended by changing Section 5 and by adding Section 25 as
6 follows:
7 (815 ILCS 338/5)
8 Sec. 5. Definitions. As used in this Act:
9 "Agreement" means a written agreement between a merchant
10 and a third-party delivery service.
11 "Core delivery services" means services provided by a
12 third-party delivery service that: (i) lists a merchant and
13 makes the merchant discoverable on all modalities or platforms
14 offered by the third-party delivery service, including, but
15 not limited to, a website, a mobile application, or other
16 Internet service where a third-party delivery service lists
17 merchants; and (ii) facilitates or performs the delivery of
18 food or beverages from merchants to customers through
19 employees or independent contractors of the third-party
20 delivery service or merchant. "Core delivery service" does not
21 include any other service that may be provided by a
22 third-party delivery service to a merchant, including, but not
23 limited to, advertising services, search engine optimization,
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1266 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
815 ILCS 338/5815 ILCS 338/25 new 815 ILCS 338/5 815 ILCS 338/25 new
815 ILCS 338/5
815 ILCS 338/25 new
Amends the Fair Food and Retail Delivery Act. Provides that beginning January 1, 2024, no third-party delivery service may charge a merchant a fee, commission, or charge per order through a digital network that totals more than 15% of the purchase price of the order, unless: (1) the third-party delivery service offers all merchants the option to obtain core delivery services for a fee, commission, or charge not to exceed 15% of the purchase price of the order without requiring the purchase of additional services; and (2) no later than November 1, 2023, the third-party delivery service notifies all merchants that have an existing contract with the third-party delivery service of this option. Defines "core delivery service". Effective immediately.
LRB103 25000 SPS 51334 b LRB103 25000 SPS 51334 b
LRB103 25000 SPS 51334 b
A BILL FOR
815 ILCS 338/5
815 ILCS 338/25 new
LRB103 25000 SPS 51334 b
HB1266 LRB103 25000 SPS 51334 b
HB1266- 2 -LRB103 25000 SPS 51334 b HB1266 - 2 - LRB103 25000 SPS 51334 b
HB1266 - 2 - LRB103 25000 SPS 51334 b
1 business consulting, or credit card processing.
2 "Customer" means the person, business, or other entity
3 that places an order for a merchant's products through a
4 digital network.
5 "Digital network" means a third-party delivery service's
6 Internet site or online-enabled application, software, or
7 system that allows a customer to view, search, and purchase
8 products for delivery by a third-party delivery service to a
9 customer.
10 "Likeness" means identifiable symbols attributed and
11 easily identified as belonging to a specific merchant or
12 retailer.
13 "Merchant" means a restaurant, bar, or other retail
14 entity.
15 "Third-party delivery service" means a company,
16 organization, person, or entity outside of the operation of
17 the merchant's business, not wholly owned by the merchant,
18 that provides delivery services to customers through a digital
19 network.
20 "Third-party delivery service driver" means an individual
21 that provides delivery services on behalf of a third-party
22 delivery service to customers.
23 (Source: P.A. 102-1056, eff. 1-1-23.)
24 (815 ILCS 338/25 new)
25 Sec. 25. Fee cap for core delivery services. Beginning
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HB1266 - 3 - LRB103 25000 SPS 51334 b
1 January 1, 2024, no third-party delivery service may charge a
2 merchant a fee, commission, or charge per order through a
3 digital network that totals more than 15% of the purchase
4 price of the order, unless:
5 (1) the third-party delivery service offers all
6 merchants the option to obtain core delivery services for
7 a fee, commission, or charge not to exceed 15% of the
8 purchase price of the order without requiring the purchase
9 of additional services; and
10 (2) no later than November 1, 2023, the third-party
11 delivery service notifies all merchants that have an
12 existing contract with the third-party delivery service of
13 the option described in paragraph (1).
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.
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