IL
Illinois House Bill HB1266

Illinois 2023-2024 Regular Session

Illinois House Bill HB1266 Compare Versions

Only one version of the bill is available at this time.
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11 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
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1266 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
33 815 ILCS 338/5815 ILCS 338/25 new 815 ILCS 338/5 815 ILCS 338/25 new
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66 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.
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1212 1 AN ACT concerning business.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Fair Food and Retail Delivery Act is
1616 5 amended by changing Section 5 and by adding Section 25 as
1717 6 follows:
1818 7 (815 ILCS 338/5)
1919 8 Sec. 5. Definitions. As used in this Act:
2020 9 "Agreement" means a written agreement between a merchant
2121 10 and a third-party delivery service.
2222 11 "Core delivery services" means services provided by a
2323 12 third-party delivery service that: (i) lists a merchant and
2424 13 makes the merchant discoverable on all modalities or platforms
2525 14 offered by the third-party delivery service, including, but
2626 15 not limited to, a website, a mobile application, or other
2727 16 Internet service where a third-party delivery service lists
2828 17 merchants; and (ii) facilitates or performs the delivery of
2929 18 food or beverages from merchants to customers through
3030 19 employees or independent contractors of the third-party
3131 20 delivery service or merchant. "Core delivery service" does not
3232 21 include any other service that may be provided by a
3333 22 third-party delivery service to a merchant, including, but not
3434 23 limited to, advertising services, search engine optimization,
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1266 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
3939 815 ILCS 338/5815 ILCS 338/25 new 815 ILCS 338/5 815 ILCS 338/25 new
4040 815 ILCS 338/5
4141 815 ILCS 338/25 new
4242 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.
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4545 A BILL FOR
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7171 1 business consulting, or credit card processing.
7272 2 "Customer" means the person, business, or other entity
7373 3 that places an order for a merchant's products through a
7474 4 digital network.
7575 5 "Digital network" means a third-party delivery service's
7676 6 Internet site or online-enabled application, software, or
7777 7 system that allows a customer to view, search, and purchase
7878 8 products for delivery by a third-party delivery service to a
7979 9 customer.
8080 10 "Likeness" means identifiable symbols attributed and
8181 11 easily identified as belonging to a specific merchant or
8282 12 retailer.
8383 13 "Merchant" means a restaurant, bar, or other retail
8484 14 entity.
8585 15 "Third-party delivery service" means a company,
8686 16 organization, person, or entity outside of the operation of
8787 17 the merchant's business, not wholly owned by the merchant,
8888 18 that provides delivery services to customers through a digital
8989 19 network.
9090 20 "Third-party delivery service driver" means an individual
9191 21 that provides delivery services on behalf of a third-party
9292 22 delivery service to customers.
9393 23 (Source: P.A. 102-1056, eff. 1-1-23.)
9494 24 (815 ILCS 338/25 new)
9595 25 Sec. 25. Fee cap for core delivery services. Beginning
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106106 1 January 1, 2024, no third-party delivery service may charge a
107107 2 merchant a fee, commission, or charge per order through a
108108 3 digital network that totals more than 15% of the purchase
109109 4 price of the order, unless:
110110 5 (1) the third-party delivery service offers all
111111 6 merchants the option to obtain core delivery services for
112112 7 a fee, commission, or charge not to exceed 15% of the
113113 8 purchase price of the order without requiring the purchase
114114 9 of additional services; and
115115 10 (2) no later than November 1, 2023, the third-party
116116 11 delivery service notifies all merchants that have an
117117 12 existing contract with the third-party delivery service of
118118 13 the option described in paragraph (1).
119119 14 Section 99. Effective date. This Act takes effect upon
120120 15 becoming law.
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