§ 57-3-901. Short Title
This part shall be known and may be cited as the “Unfair Wine Sales Law.”
§ 57-3-902. Part Definitions
As used in this part, unless the context otherwise requires: “Basic cost of wine” means the invoice cost of wine to the retailer in the quantity last purchased from the wholesaler at prices generally available in the marketplace, absent any cash or other discounts, incentives and/or concessions of any kind, whether such discounts, incentives or […]
§ 57-3-903. Advertising, Offering for Sale or Selling Wine at Less Than Cost — Misdemeanor — Prima Facie Violation of Part
It is a Class C misdemeanor for any retailer to advertise, offer to sell, or sell at retail, wine at less than cost to the retailer. The advertising, sale or offer to sell of wine by any retailer at less than cost to the retailer shall be prima facie evidence of both a violation of […]
§ 57-3-904. Assisting or Aiding Violation of Part — Penalty
Any individual who, as a director, officer, partner, member, or agent of any person violating this part, assists or aids, directly or indirectly, in such violation, equally with the person for whom such individual acts, commits a Class C misdemeanor.
§ 57-3-905. Contracts in Violation of Part Illegal and Void
Any contract, express or implied, made by any person, firm, or corporation in violation of any of the provisions of this part is declared to be an illegal and void contract and no recovery thereon shall be had.
§ 57-3-906. Equitable Action to Enjoin Violation — Recovery of Damages and Costs — Action for Damages Alone Permitted
Any person or entity injured by any violation of this part, or any trade association which is representative of such a person or entity, may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin such violation. If, in such action, a violation of this part shall be established, the court […]
§ 57-3-907. Restrictions on Sales by Retail Food Stores
No retail food store as defined in §57-3-802 shall sell, offer for sale or advertise the sale of: Two (2) or more items, at least one (1) of which items is wine, at a combined price; or Liquor, spirits or high alcohol content beer.
§ 57-3-908. Commission to Enforce Part — Civil Penalties — Petition for Hearing
The commission shall administer and enforce this part. For an initial violation or noncompliance with any provision of this part by a retailer, a penalty shall be imposed not to exceed one thousand dollars ($1,000); For any second violation or noncompliance with any provision of this part by any retailer who has previously been found […]
§ 57-3-909. Exceptions From Application of Part
This part shall not apply to sales at retail made where wines are: Sold upon the complete final liquidation of a business; Advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court; Closeouts and case discounts; or Such other occasional discounts as defined by […]