Pending

COMMITTEE AMENDMENT NO 1 PROPOSED TO

House Bill No.    3

BY: Senator(s) McMahan

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

SECTION 1.  As used in this act, the following words and phrases have the following meanings, unless the context clearly indicates otherwise:

          (a)  "Agreement" means a written contractual agreement between the restaurant, the restaurant owner and the third-party delivery service.

          (b)  "Consumer" means a person, business, or other entity that places an order for restaurant products through the third-party delivery platform.

          (c)  "Logo" means the logo, motto, or any identifiable symbols attributed and easily identified as belonging to a specific restaurant.

          (d)  "Restaurant" means and includes a restaurant or entity with a food permit as listed with the Mississippi Department of Health.

          (e)  "Third-party delivery platform" means the online communication platform of the third-party delivery service on which a consumer can view and search the menus of restaurants and place an order for restaurant products through internet-enabled technology and digital media, including websites and consumer applications accessible through smart phones and other mobile devices.

          (f)  "Third-party delivery service" means a company, organization, or other entity, other than a restaurant, that is licensed to do business in this state and provides limited delivery services to a consumer.

SECTION 2.  (1)  In the absence of an agreement, a third-party delivery service shall not advertise, promote, or otherwise convey any relationship with a restaurant and restaurant owner, or use the menu, logo or intellectual property belonging to a restaurant and restaurant owner on the third-party delivery platform.

     (2)  A restaurant whose menu, logo or intellectual property is used by a third-party delivery service in violation of this act shall have the right to bring an action in a court of competent jurisdiction.

     (3)  Upon a finding by a court of competent jurisdiction that a third-party delivery service used the menu, logo or intellectual property of a restaurant and restaurant owner in violation of this act, the court may impose a civil penalty in an amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00), or the amount of the restaurant's actual damages, whichever is greater.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2023.

     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

     AN ACT TO PROVIDE DEFINITIONS RELATING TO THIRD-PARTY DELIVERY SERVICES THAT ADVERTISE, PROMOTE OR CONVEY ANY RELATIONSHIP WITH A RESTAURANT OR USE THE MENU, LOGO OR INTELLECTUAL PROPERTY BELONGING TO A RESTAURANT ON THE THIRD-PARTY DELIVERY PLATFORM; TO PROHIBIT THIRD-PARTY DELIVERY SERVICES FROM USING THE MENU, LOGO OR ANY INTELLECTUAL PROPERTY OF A RESTAURANT WITHOUT AN AGREEMENT; TO PROHIBIT AN INDEMNITY CLAUSE IN SUCH AGREEMENT; TO PROVIDE A RIGHT TO BRING ACTION RELATING TO THIRD-PARTY DELIVERY SERVICES THAT USE THE MENU, LOGO OR INTELLECTUAL PROPERTY OF A RESTAURANT IN VIOLATION OF THIS ACT; TO PROVIDE PENALTIES RELATING TO THIRD-PARTY DELIVERY SERVICES THAT USE THE MENU, LOGO OR INTELLECTUAL PROPERTY OF A RESTAURANT IN VIOLATION OF THIS ACT; AND FOR RELATED PURPOSES.