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| 1 | + | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2456 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED: New Act Creates the Restaurant Reservation Anti-Piracy Act. Provides that a third-party restaurant reservation service shall not list, advertise, promote, or sell reservations for a food service establishment through the website, mobile application, or other platform of the third-party restaurant reservation service without a written agreement between the third-party restaurant reservation service and the food service establishment. Provides that a written agreement that contains specified indemnifications shall be void and unenforceable. Provides that any person who violates, or causes another person to violate, a provision of the Act shall be subject to a civil penalty of up to $1,000 for each violation. Provides for a private right of action. LRB104 06525 SPS 16561 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2456 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED: New Act New Act Creates the Restaurant Reservation Anti-Piracy Act. Provides that a third-party restaurant reservation service shall not list, advertise, promote, or sell reservations for a food service establishment through the website, mobile application, or other platform of the third-party restaurant reservation service without a written agreement between the third-party restaurant reservation service and the food service establishment. Provides that a written agreement that contains specified indemnifications shall be void and unenforceable. Provides that any person who violates, or causes another person to violate, a provision of the Act shall be subject to a civil penalty of up to $1,000 for each violation. Provides for a private right of action. LRB104 06525 SPS 16561 b LRB104 06525 SPS 16561 b A BILL FOR |
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| 2 | + | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2456 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED: |
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| 3 | + | New Act New Act |
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| 4 | + | New Act |
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| 5 | + | Creates the Restaurant Reservation Anti-Piracy Act. Provides that a third-party restaurant reservation service shall not list, advertise, promote, or sell reservations for a food service establishment through the website, mobile application, or other platform of the third-party restaurant reservation service without a written agreement between the third-party restaurant reservation service and the food service establishment. Provides that a written agreement that contains specified indemnifications shall be void and unenforceable. Provides that any person who violates, or causes another person to violate, a provision of the Act shall be subject to a civil penalty of up to $1,000 for each violation. Provides for a private right of action. |
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| 6 | + | LRB104 06525 SPS 16561 b LRB104 06525 SPS 16561 b |
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| 7 | + | LRB104 06525 SPS 16561 b |
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| 8 | + | A BILL FOR |
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| 9 | + | HB2456LRB104 06525 SPS 16561 b HB2456 LRB104 06525 SPS 16561 b |
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| 10 | + | HB2456 LRB104 06525 SPS 16561 b |
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3 | 11 | | 1 AN ACT concerning business. |
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4 | 12 | | 2 Be it enacted by the People of the State of Illinois, |
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5 | 13 | | 3 represented in the General Assembly: |
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6 | 14 | | 4 Section 1. Short title. This Act may be cited as the |
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7 | 15 | | 5 Restaurant Reservation Anti-Piracy Act. |
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8 | 16 | | 6 Section 5. Definitions. In this Act: |
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9 | 17 | | 7 "Food service establishment" means a place where food is |
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10 | 18 | | 8 provided for individual portion service directly to the |
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11 | 19 | | 9 consumer whether the food is provided free of charge or sold, |
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12 | 20 | | 10 and whether consumption occurs on or off the premises or is |
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13 | 21 | | 11 provided from a pushcart, stand, or vehicle. |
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14 | 22 | | 12 "Third-party restaurant reservation service" means any |
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15 | 23 | | 13 website, mobile application, or other Internet service that |
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16 | 24 | | 14 (i) offers or arranges for reserving on-premises service for a |
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17 | 25 | | 15 customer at a food service establishment and (ii) is owned and |
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18 | 26 | | 16 operated by a person other than the person who owns the food |
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19 | | - | 17 service establishment. "Third-party restaurant reservation |
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20 | | - | 18 service" does not include any reservation distribution channel |
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21 | | - | 19 that is authorized to distribute reservations through a |
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22 | | - | 20 contract with either a food service establishment or an entity |
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23 | | - | 21 authorized to distribute reservations through a contract with |
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24 | | - | 22 the food service establishment. |
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| 27 | + | 17 service establishment. |
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| 28 | + | 18 Section 10. Reservation service agreements. |
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| 29 | + | 19 (a) A third-party restaurant reservation service shall not |
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| 30 | + | 20 list, advertise, promote, or sell reservations for a food |
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| 31 | + | 21 service establishment through the website, mobile application, |
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| 32 | + | 22 or other platform of the third-party restaurant reservation |
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33 | | - | 1 Section 10. Reservation service agreements. A third-party |
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34 | | - | 2 restaurant reservation service shall not list, advertise, |
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35 | | - | 3 promote, or sell reservations for a food service establishment |
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36 | | - | 4 through the website, mobile application, or other platform of |
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37 | | - | 5 the third-party restaurant reservation service without a |
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38 | | - | 6 written agreement between the third-party restaurant |
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39 | | - | 7 reservation service and the food service establishment to |
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40 | | - | 8 include reservations at the food service establishment on the |
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41 | | - | 9 website, mobile application, or other platform. |
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42 | | - | 10 Section 15. Violations; civil penalties. |
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43 | | - | 11 (a) Any person who violates, or causes another person to |
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44 | | - | 12 violate, a provision of this Act shall be subject to a civil |
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45 | | - | 13 penalty of up to $1,000 for each violation. Each day that a |
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46 | | - | 14 third-party restaurant reservation service violates this Act |
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47 | | - | 15 with respect to a food service establishment constitutes a |
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48 | | - | 16 single violation of this Act. A proceeding to recover any |
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49 | | - | 17 civil penalty or restitution under this Act may be brought by |
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50 | | - | 18 the Attorney General. |
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51 | | - | 19 (b) Any person charged fees by a third-party restaurant |
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52 | | - | 20 reservation service that respect to a reservation listed, |
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53 | | - | 21 advertised, promoted, or sold in violation of this Act, or |
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54 | | - | 22 food service establishment which a third-party restaurant |
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55 | | - | 23 reservation service listed, advertised, promoted, or sold a |
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56 | | - | 24 reservation in violation of this Act, may bring a civil action |
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57 | | - | 25 in circuit court for: |
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| 36 | + | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2456 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED: |
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| 37 | + | New Act New Act |
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| 38 | + | New Act |
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| 39 | + | Creates the Restaurant Reservation Anti-Piracy Act. Provides that a third-party restaurant reservation service shall not list, advertise, promote, or sell reservations for a food service establishment through the website, mobile application, or other platform of the third-party restaurant reservation service without a written agreement between the third-party restaurant reservation service and the food service establishment. Provides that a written agreement that contains specified indemnifications shall be void and unenforceable. Provides that any person who violates, or causes another person to violate, a provision of the Act shall be subject to a civil penalty of up to $1,000 for each violation. Provides for a private right of action. |
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| 40 | + | LRB104 06525 SPS 16561 b LRB104 06525 SPS 16561 b |
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| 41 | + | LRB104 06525 SPS 16561 b |
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| 42 | + | A BILL FOR |
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67 | | - | HB2456 Engrossed - 3 - LRB104 06525 SPS 16561 b |
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68 | | - | 1 (1) injunctive relief to restrain or enjoin any |
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69 | | - | 2 activity in violation of this Act; |
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70 | | - | 3 (2) actual damages not to exceed the total fees |
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71 | | - | 4 collected by the third-party restaurant reservation |
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72 | | - | 5 service in violation of this Act; |
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73 | | - | 6 (3) attorney's fees and costs; and |
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74 | | - | 7 (4) other remedies as the court may deem appropriate. |
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75 | | - | 8 (c) Any action alleging a violation of this Act shall be |
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76 | | - | 9 brought within one year after the alleged violation of this |
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77 | | - | 10 Act occurred. |
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| 67 | + | 1 service without a written agreement between the third-party |
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| 68 | + | 2 restaurant reservation service and the food service |
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| 69 | + | 3 establishment to include reservations at the food service |
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| 70 | + | 4 establishment on the website, mobile application, or other |
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| 71 | + | 5 platform. |
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| 72 | + | 6 (b) An agreement executed in accordance with this Section |
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| 73 | + | 7 shall not include a provision, clause, or covenant that |
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| 74 | + | 8 requires a food service establishment to indemnify a |
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| 75 | + | 9 third-party restaurant reservation service, any independent |
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| 76 | + | 10 contractor acting on behalf of the third-party restaurant |
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| 77 | + | 11 reservation service, or any registered agent of the |
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| 78 | + | 12 third-party restaurant reservation service, for any damages or |
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| 79 | + | 13 harm by an act or omission initiated by the third-party |
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| 80 | + | 14 restaurant reservation service. To the extent an agreement |
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| 81 | + | 15 executed in accordance with this Section contains such a |
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| 82 | + | 16 provision, the provision shall be deemed void and |
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| 83 | + | 17 unenforceable. |
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| 84 | + | 18 Section 15. Violations; civil penalties. |
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| 85 | + | 19 (a) Any person who violates, or causes another person to |
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| 86 | + | 20 violate, a provision of this Act shall be subject to a civil |
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| 87 | + | 21 penalty of up to $1,000 for each violation. Each day that a |
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| 88 | + | 22 third-party restaurant reservation service violates this Act |
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| 89 | + | 23 with respect to a food service establishment constitutes a |
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| 90 | + | 24 single violation of this Act. A proceeding to recover any |
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| 91 | + | 25 civil penalty or restitution under this Act may be brought by |
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