The legislative intent and purpose of this part is to provide a structure for the business relations between suppliers and wholesalers of beer which: Motivates suppliers and wholesalers to devote reasonable efforts and resources to the sale, distribution and quality control of beer in this state; Provides for the private settlement of disputes between suppliers […]
As used in this part, unless the context otherwise requires: “Agreement” means any agreement between a wholesaler and a supplier, oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of beer with an alcoholic content of five percent (5%) by weight or less sold by a […]
The following are prohibited under this part: A wholesaler shall not: Transfer the wholesaler’s business without giving the supplier written notice of the proposed transfer of the business as required by this part; or Transfer the wholesaler’s business without receiving the supplier’s written approval for the proposed transfer, where required by an agreement and consistent […]
A wholesaler shall give the supplier written notice of the wholesaler’s proposed transfer of the wholesaler’s business not less than thirty (30) days prior to the completion of the transfer, except in cases of transfer by inheritance, in which case the transferee shall give the supplier written notice of the transferee’s ownership interest within a […]
A supplier may amend, modify, terminate, cancel, discontinue or fail to renew an agreement with a wholesaler immediately upon written notice given by the supplier as provided in § 57-5-508 only if any of the following occurs: Revocation of a governmental permit held by the wholesaler, whereby the wholesaler cannot service the wholesaler’s sales territory […]
A supplier may amend, modify, terminate, cancel, discontinue or fail to renew an agreement with a wholesaler not less than thirty (30) days after written notice is given by the supplier as provided in §57-5-508 if any of the following events occur: The supplier discontinues production or discontinues distribution in this state of a brand […]
Except as provided in §§57-5-505 and57-5-506, a supplier may not amend, modify, terminate, cancel, discontinue or refuse to renew an agreement with a wholesaler, or cause a wholesaler to resign from an agreement, unless the supplier has complied with the following requirements: The supplier shall give written notice to the wholesaler, as provided in § […]
Notice by a supplier of any amendment, modification, termination, cancellation, discontinuance or refusal to renew an agreement with the wholesaler shall be written, shall be made by certified mail, and shall contain all of the following: A statement of intention to amend, modify, terminate, cancel, discontinue or refuse to renew the agreement; A statement of […]
Any dispute arising under this part may be settled by arbitration if every party involved in the dispute agrees to arbitrate. Arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association and the laws of this state, and judgment upon the award rendered by the arbitrator(s) may be entered […]
If a supplier engages in conduct prohibited under this part, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages, all court costs, and, in the court’s discretion, attorney’s fees, reasonably incurred as the result of the prohibited conduct. If a wholesaler engages in […]
A wholesaler may not waive any of the rights granted in any provision of this part and the provisions of any agreement which would have such an effect shall be null and void; however, if a good faith dispute arises between the parties as to the meaning of any rights or obligations created by this […]
This part applies to agreements in existence on March 1, 1990, as well as agreements entered into or renewed after that date. A transferee of a wholesaler’s business that continues to operate the business shall have the benefit of and be bound by all terms and conditions of the agreement with the supplier in effect […]
