Section 28-9-1 Legislative intent and purpose. The legislative intent and purpose of this chapter is to provide a structure for the business relations between a wholesaler and a supplier of beer. Regulation in this area is considered necessary for the following reasons: (1) To maintain stability and healthy competition in the beer industry in this […]
Section 28-9-10 Application, transferee of wholesaler’s business; successor of supplier’s business. (a) This chapter shall apply to agreements in existence on March 3, 1988, as well as agreements entered into or renewed after March 3, 1988. (b) A transferee of a wholesaler that continues in business as a wholesaler shall have the benefit of and […]
Section 28-9-11 Liabilities and duties of supplier; action for damages; declaratory judgment and injunctive relief; remedies. (a) If a supplier engages in conduct prohibited under this chapter, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages reasonably incurred as the result of the […]
Section 28-9-2 Definitions. (a) The following words or phrases, or the plural thereof, whenever they appear in this chapter, unless the context clearly requires otherwise, shall have the meanings ascribed to them in this section: (1) AGREEMENT. Any agreement between a wholesaler and a supplier, whether oral or written, whereby a wholesaler is granted the […]
Section 28-9-3 Sales by beer suppliers through wholesalers; exclusive sales territory. Each supplier of beer licensed by the board authorizing such licensee to sell its beer within the State of Alabama shall sell its beer through wholesaler licensees of the board, and shall grant in writing to each of its wholesalers an exclusive sales territory […]
Section 28-9-4 Prohibited acts – Suppliers. A supplier is prohibited from doing the following: (1) 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 exclusive sales territory. Any agreement which is in existence on March […]
Section 28-9-5 Prohibited acts – Wholesalers. A wholesaler is prohibited from doing the following: (1) Fail to devote reasonable efforts and resources, within supplier’s designated sales territory, to the sale and distribution of all the supplier’s brands of beer which the wholesaler has been granted the right to sell or distribute. (2) Sell or deliver […]
Section 28-9-6 Amendment, cancellation, etc., of agreements; proof of good faith; notice; good cause. (a) Notwithstanding any agreement and 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 […]
Section 28-9-7 Transfer of wholesaler’s business. (a) 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 […]
Section 28-9-8 Liability of supplier for acts diminishing value of wholesaler’s business; arbitration procedures; determination of amount of compensation; cost of arbitration; default of arbitration procedures. (a) Except as provided for in this chapter, a supplier that has amended, modified, canceled, terminated, or refused to renew any agreement; or has caused a wholesaler to resign […]
Section 28-9-9 Waiver of rights; good faith dispute settlements. 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 […]
