Section 28-11-6.1 – Vending Machines.
Section 28-11-6.1 Vending machines. (a) No tobacco, tobacco product, alternative nicotine product, or electronic nicotine delivery system shall be distributed by use of a vending machine unless the machine: (1) Is located in an area in which individuals under the age of 21 years are not permitted access; or (2) Dispenses tobacco, tobacco products, alternative […]
Section 28-9-11 – Liabilities and Duties of Supplier; Action for Damages; Declaratory Judgment and Injunctive Relief; Remedies.
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 28-11-6.2 – Self-Service Displays.
Section 28-11-6.2 Self-service displays. No tobacco, tobacco product, alternative nicotine product, or electronic nicotine delivery system shall be distributed at retail through a self-service display unless the display is a vending machine as permitted under Section 28-11-6.1 or is located in a tobacco specialty store or at a specialty retailer of electronic nicotine delivery systems. […]
Section 28-8A-7 – Supplier and Wholesaler Agreements.
Section 28-8A-7 Supplier and wholesaler agreements. (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 an agreement, unless, in any of the foregoing […]
Section 28-8A-8 – Transfers of Wholesaler Business.
Section 28-8A-8 Transfers of wholesaler 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 any other person who meets the nondiscriminatory, material, and reasonable qualifications and standards required by […]
Section 28-8A-9 – Payment to the Wholesaler of Reasonable Compensation for Diminished Value of Business; Arbitration.
Section 28-8A-9 Payment to the wholesaler of reasonable compensation for diminished value of business; arbitration. (a) Except as provided for in this chapter, a supplier that has amended, modified, cancelled, terminated, or refused to renew any agreement; or has caused a wholesaler to resign from any agreement; or has interfered with, prevented, or unreasonably delayed, […]
Section 28-8A-10 – No Waiver; Successors and Transferees.
Section 28-8A-10 No waiver; successors and transferees. (a) A wholesaler may not waive any of the rights granted in this chapter and the provisions of any agreement which would have such an effect shall be void. Nothing in this chapter shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by […]
Section 28-8A-11 – Standards of Conduct.
Section 28-8A-11 Standards of conduct. (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 prohibited conduct. If a wholesaler engages in conduct prohibited under this […]
Section 28-9-1 – Legislative Intent and Purpose.
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 28-9-2 – Definitions.
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 […]