Amendment vs bill Committee Amendment No 1 (Adopted) (Voice Vote) vs As Passed the upper

Struck = removed from the bill ยท added = the amendment's new text.

Previous
Latest
MISSISSIPPI LEGISLATURE REGULAR SESSION 2023 By:
Adopted COMMITTEE AMENDMENT NO 1 PROPOSED TO Senate Bill No.
Senator(s) McMahan To:
2218 BY:
Business and Financial Institutions SENATE BILL NO.
Committee Amend by striking all after the enacting clause and inserting in lieu thereof the following:
2218 (As Passed the Senate) AN ACT TO PROVIDE DEFINITIONS RELATING TO THIRD-PARTY DELIVERY SERVICES THAT ADVERTISE, PROMOTE OR CONVEY ANY RELATIONSHIP WITH A RESTAURANT AND RESTAURANT OWNER OR USE THE NAME, LIKENESS, TRADEMARK, OR INTELLECTUAL PROPERTY BELONGING TO A RESTAURANT AND RESTAURANT OWNER ON THE THIRD-PARTY DELIVERY PLATFORM;
TO PROHIBIT THIRD-PARTY DELIVERY SERVICES FROM USING THE NAME OR LIKENESS OR ANY INTELLECTUAL PROPERTY OF A RESTAURANT AND RESTAURANT OWNER WITHOUT AN AGREEMENT;
TO PROVIDE A RIGHT TO BRING ACTION RELATING TO THIRD-PARTY DELIVERY SERVICES THAT USE THE NAME, LIKENESS, TRADEMARK, OR INTELLECTUAL PROPERTY OF A RESTAURANT AND RESTAURANT OWNER IN VIOLATION OF THIS ACT;
TO PROVIDE PENALTIES RELATING TO THIRD-PARTY DELIVERY SERVICES THAT USE THE NAME, LIKENESS, TRADEMARK, OR INTELLECTUAL PROPERTY OF A RESTAURANT AND RESTAURANT OWNERS IN VIOLATION OF THIS ACT;
AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
(a) "Agreement" means a written contractual agreement between the restaurants and restaurant owners and the third-party delivery service.
(a) "Agreement" means a written contractual agreement between the restaurant, the restaurant owner and the third-party delivery service.
S.
(b) "Consumer" means a person, business, or other entity that places an order for restaurant products through the third-party delivery platform.
B.
23/HR31/SB2218A.J *HR31/SB2218A.J* P(GT/JAB) (c) "Logo" means the logo, motto, or any identifiable symbols attributed and easily identified as belonging to a specific restaurant.
No.
(d) "Restaurant" means and includes a restaurant or entity with a food permit as listed with the Mississippi Department of Health.
2218 *SS26/R575PS* ~ OFFICIAL ~ G1/2 23/SS26/R575PS PAGE 1 (b) "Consumer" means a person, business, or other entity that places an order for restaurant products through the third-party delivery platform.
(c) "Likeness" means the logo, motto, or any identifiable symbols attributed and easily identified as belonging to a specific restaurant.
(d) "Restaurant" means a restaurant.
(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 name, likeness, trademark, or intellectual property belonging to a restaurant and restaurant owner on the third-party delivery platform.
(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.
S.
(2) A restaurant whose menu, logo or intellectual property is used by a third-party delivery service in violation of this act 23/HR31/SB2218A.J *HR31/SB2218A.J* P(GT/JAB) shall have the right to bring an action in a court of competent jurisdiction.
B.
(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.
No.
2218 *SS26/R575PS* ~ OFFICIAL ~ 23/SS26/R575PS PAGE 2 (2) A restaurant and restaurant owner whose name, likeness, trademark, or intellectual property is used by a third-party delivery service in violation of this chapter 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 name, likeness, trademark, 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 Five Thousand Dollars ($5,000.00), or the amount of the restaurant and restaurant owner's actual damages, whichever is greater.
The court may, in its discretion, award attorney fees to the prevailing party.
This act shall take effect and be in force from and after July 1, 2023, and shall stand repealed on June 30, 2023.
This act shall take effect and be in force from and after July 1, 2023.
S.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
B.
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;
No.
TO PROHIBIT THIRD-PARTY DELIVERY SERVICES FROM USING THE MENU, LOGO OR ANY INTELLECTUAL PROPERTY OF A RESTAURANT WITHOUT AN AGREEMENT;
2218 *SS26/R575PS* ~ OFFICIAL ~ 23/SS26/R575PS ST:
TO PROHIBIT AN INDEMNITY CLAUSE IN SUCH AGREEMENT;
Third-party service;
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;
prohibit from using PAGE 3 name, likeness, trademark or intellectual property of merchant without agreement.
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.
23/HR31/SB2218A.J *HR31/SB2218A.J* P(GT/JAB)