Section 28-9-4 – Prohibited Acts – Suppliers.
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.
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.
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 28-8A-2 – Definitions.
Section 28-8A-2 Definitions. As used in this chapter, the following terms shall have the following meanings: (1) AGREEMENT. Any agreement between a wholesaler and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of wine sold by a supplier. (2) ANCILLARY BUSINESS. A […]
Section 28-9-7 – Transfer of Wholesaler’s Business.
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 28-8A-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, […]