Section 28-11-2 – Definitions.
Section 28-11-2 Definitions. For purposes of this chapter, the following terms have the following meanings unless the context clearly indicates otherwise: (1) ALTERNATIVE NICOTINE PRODUCT. The term alternative nicotine product includes any product that consists of or contains nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or […]
Section 28-11-3 – Minors Enlisted to Help Board Enforce State and Federal Laws.
Section 28-11-3 Minors enlisted to help board enforce state and federal laws. The board, in conjunction with federal, state, and local law enforcement agencies, shall enforce state and federal laws that prohibit the distribution of tobacco, tobacco products, alternative nicotine products, and electronic nicotine delivery systems to individuals under the age of 21 years. Notwithstanding […]
Section 28-11-4 – Purpose of Rules.
Section 28-11-4 Purpose of rules. Pursuant to its rulemaking authority, the board shall adopt rules that have the full force and effect of law, for purposes of the following: (1) Establishing permits for the distribution of tobacco, tobacco products, electronic nicotine delivery systems, and alternative nicotine products. (2) Preventing the distribution of tobacco, tobacco products, […]
Section 28-8A-3 – Existing Franchise Laws.
Section 28-8A-3 Existing franchise laws. (a) This chapter does not apply to regulation of beer franchises. (b) Nothing in this chapter shall be deemed to repeal or amend wine franchise laws existing on August 1, 2021. This article is intended to provide wine franchise regulation for counties in which regulation does not exist by local […]
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.
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 28-8A-4 – Territorial Agreements.
Section 28-8A-4 Territorial agreements. Each supplier of wine licensed by the board to sell its wine within the State of Alabama shall sell its wine through wholesaler licensees of the board and shall grant in writing to each of its wholesalers an exclusive sales territory in accordance with Chapter 8. (Act 2021-419, §4.)
Section 28-9-9 – Waiver of Rights; Good Faith Dispute Settlements.
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 […]
Section 28-8A-5 – Supplier Prohibitions.
Section 28-8A-5 Supplier prohibitions. A supplier shall not do any of 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 that is in existence on August 1, […]
Section 28-9-10 – Application, Transferee of Wholesaler’s Business; Successor of Supplier’s Business.
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 28-8A-6 – Wholesaler Prohibitions.
Section 28-8A-6 Wholesaler prohibitions. A wholesaler shall not do any of the following: (1) Fail to devote reasonable efforts and resources, within its supplier-designated sales territory, to the sale and distribution of all the supplier’s brands of wine which the wholesaler has been granted the right to sell or distribute. (2) Sell or deliver wine […]