§ 67-7-1. Short title
This chapter shall be known and may be cited as the “Beer Industry Fair Dealing Act.”
§ 67-7-11. Amendment, modification, cancellation, termination, nonrenewal, or discontinuance of agreements by suppliers
Except as otherwise provided for in this chapter, a supplier shall not amend or modify an agreement; cause a wholesaler to resign from an agreement; or cancel, terminate, fail to renew or refuse to continue under an agreement, unless the supplier has complied with all of the following: Has satisfied the applicable notice requirements of […]
§ 67-7-12. Successor supplier to become obligated to all terms and conditions of agreements between original supplier and wholesaler in effect on date of succession
A successor shall become obligated to all of the terms and conditions of the agreement in effect on the date of succession. This section applies regardless of the character or form of the succession. A successor has the right to contractually require its wholesalers to comply with operational standards of performance if the standards are […]
§ 67-7-13. Transfer of business and assignment of rights of wholesalers
Upon written notice of intent to transfer the wholesaler’s business, any individual owning or deceased individual who owned an interest in a wholesaler may transfer the wholesaler’s business to a designated member, or to any other person who meets the nondiscriminatory material and reasonable qualifications and standards required by the supplier for similarly situated wholesalers. […]
§ 67-7-15. Duty of supplier to compensate wholesaler for conduct resulting in diminished value of business; determination of compensation by arbitration
Except as provided for in this chapter, a supplier that has amended, modified, cancelled, terminated or refused to renew any agreement; or caused a wholesaler to resign from an agreement; or has interfered with, prevented or unreasonably delayed, or where required by this chapter, has withheld or unreasonably delayed consent to or approval of, any […]
§ 67-7-17. Waiver of rights by wholesalers generally; good faith settlement of disputes
A wholesaler may not waive any of the rights granted in any provision of this chapter and the provisions of any agreement which would have such an effect shall be null and void. Nothing in this chapter shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by the parties.
§ 67-7-19. Agreements subject to chapter; applicability of terms and conditions of transferred agreements
This chapter shall apply to agreements entered into or renewed after April 7, 1995. A transferee of a wholesaler that continues in business as a wholesaler shall have the benefit of and be bound by all terms and conditions of the agreement with the supplier in effect on the date of the transfer, except that […]
§ 67-7-21. Civil damage actions for violations of chapter; damages and costs recoverable; actions for declaratory and injunctive relief; venue
If a supplier or wholesaler engages in conduct prohibited under this chapter, either party may maintain a civil action against the other to recover actual damages reasonably incurred as the result of the prohibited conduct. A supplier or wholesaler that violates any provision of this chapter shall be liable for all actual damages and all […]
§ 67-7-23. Waiver of rights or causes of action
No right or cause of action authorized by Mississippi law shall be waived by the supplier or wholesaler unless specifically waived in the agreement.
§ 67-7-3. Purpose
The legislative purpose of this chapter is to provide a structure for the business relations between a wholesaler and a supplier of light wine or beer. Regulation in this area is considered necessary for the following reasons: To maintain stability and healthy competition in the light wine and beer industry in this state. To promote […]
§ 67-7-5. Definitions
As used in this chapter, the following words or phrases, or the plural thereof, whenever they appear in this chapter, unless the context clearly requires otherwise, shall have the meaning ascribed to them in this section. “Agreement” means any agreement between a wholesaler and a supplier, whether oral or written, whereby a wholesaler is granted […]
§ 67-7-7. Prohibited acts; suppliers
A supplier shall not do the following: Fail to provide each wholesaler of the supplier’s brand or brands with a written agreement which contains in total the supplier’s agreement with each wholesaler, and designates a specific sales territory. Any agreement which is in existence on April 7, 1995 shall be renewed consistent with this chapter, […]
§ 67-7-9. Prohibited acts; wholesalers
A wholesaler shall not do any of the following: Fail to devote such efforts and resources to the sale and distribution of all the supplier’s brands of light wine or beer which the wholesaler has been granted the right to sell or distribute as are required in the wholesaler’s agreement with the supplier. Sell or […]