10-1-439.19. Enforcement; penalties.

An aggrieved food service establishment alleging a third-party delivery service is in violation of this part may seek judicial enforcement of the requirements of this part in an action brought against such service in the county in which the violation occurred. The following civil penalties shall be imposed for a violation of this part: for the first violation, $1,000.00; for the second violation, $2,000.00; and for a third and any subsequent violation, $10,000.00.#

In addition to the penalties provided for in subsection (a) of this Code section, an aggrieved food service establishment may bring an action to enjoin a third-party delivery service’s violation of this part. If the court finds a violation of this part, the court shall issue an injunction against such service and may require such service to pay the injured establishment all profits derived from or damages resulting from the wrongful acts; provided, however, that, if the court finds that such service committed a wrongful act in bad faith, in the court’s discretion, the court shall enter a judgment in an amount not to exceed three times the amount of profits derived and damages resulting from such wrongful acts and award reasonable attorney’s fees to such establishment.#