RESTAURANT RESERVATION PIRACY, the official text

HB2456 Enrolled                     LRB104 06525 SPS 16561 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 1. Short title. This Act may be cited as the

5 Restaurant Reservation Anti-Piracy Act.

6   Section 5. Definitions. In this Act:

7   "Food service establishment" means a place where food is

8 provided for individual portion service directly to the

9 consumer whether the food is provided free of charge or sold,

10 and whether consumption occurs on or off the premises or is

11 provided from a pushcart, stand, or vehicle.

12  "Third-party restaurant reservation service" means any

13 website, mobile application, or other Internet service that

14 (i) offers or arranges for reserving on-premises service for a

15 customer at a food service establishment and (ii) is owned and

16 operated by a person other than the person who owns the food

17 service establishment. "Third-party restaurant reservation

18 service" does not include any reservation distribution channel

19 that is authorized to distribute reservations through a

20 contract with either a food service establishment or an entity

21 authorized to distribute reservations through a contract with

22 the food service establishment.
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1   Section 10. Reservation service agreements. A third-party

2 restaurant reservation service shall not list, advertise,

3 promote, or sell reservations for a food service establishment

4 through the website, mobile application, or other platform of

5 the third-party restaurant reservation service without a

6 written agreement between the third-party restaurant

7 reservation service and the food service establishment to

8 include reservations at the food service establishment on the

9 website, mobile application, or other platform.

10  Section 15. Violations; civil penalties.

11  (a) Any person who violates, or causes another person to

12 violate, a provision of this Act shall be subject to a civil

13 penalty of up to $1,000 for each violation. Each day that a

14 third-party restaurant reservation service violates this Act

15 with respect to a food service establishment constitutes a

16 single violation of this Act. A proceeding to recover any

17 civil penalty or restitution under this Act may be brought by

18 the Attorney General.

19  (b) Any person charged fees by a third-party restaurant

20 reservation service that with respect to a reservation listed,

21 advertised, promoted, or sold in violation of this Act, or

22 food service establishment which a third-party restaurant

23 reservation service listed, advertised, promoted, or sold a

24 reservation in violation of this Act, may bring a civil action

25 in circuit court for:
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1  (1) injunctive relief to restrain or enjoin any

2  activity in violation of this Act;

3  (2) actual damages not to exceed the total fees

4  collected by the third-party restaurant reservation

5  service in violation of this Act;

6  (3) attorney's fees and costs; and

7  (4) other remedies as the court may deem appropriate.

8  (c) Any action alleging a violation of this Act shall be

9 brought within one year after the alleged violation of this

10 Act occurred.