Sec. 7. (a) If a third party food delivery service:

(1) provides services related to facilitating, processing, or delivering an online order for a covered establishment without the covered establishment’s express agreement to allow the third party food delivery service to provide those services, in violation of section 6(a) of this chapter; or

Terms Used In Indiana Code 24-4-23.2-7

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Contract: A legal written agreement that becomes binding when signed.
  • covered establishment: means a:

    Indiana Code 24-4-23.2-2

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • online order: means an order that is:

    Indiana Code 24-4-23.2-3

  • third party food delivery service: means a person that:

    Indiana Code 24-4-23.2-5

(2) fails to terminate a service contract with a covered establishment as provided in section 6(b) of this chapter;

the covered establishment may bring an action for the alleged violation in a court with jurisdiction.

     (b) A court in an action brought by a covered establishment against a third party food delivery service under subsection (a) may grant a temporary injunction enjoining the third party food delivery service, during the pendency of the action, from providing services related to facilitating, processing, or delivering online orders for food or beverages prepared or provided by the covered establishment.

     (c) A covered establishment that prevails in an action brought under subsection (a) is entitled to:

(1) actual damages;

(2) temporary or permanent injunctive relief;

(3) liquidated damages of not more than fifty thousand dollars ($50,000); and

(4) reasonable costs and attorney‘s fees;

for each transaction the third party food delivery service made with a customer for food and beverages prepared or provided by the covered establishment in violation of section 6(a) of this chapter.

As added by P.L.136-2023, SEC.1.

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