Current through the 2024 Regular Session
Section 75-97-3 - Advertisement, promotion or conveyance of relationship with restaurant prohibited absent agreement between third-party delivery service and restaurant; violation; civil penalty(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 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 menu, logo or intellectual property of a restaurant and restaurant owner in violation of this chapter, 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.Added by Laws, 2023, ch. 452, SB 2218,§ 2, eff. 7/1/2023.