Section 45-51-21 – Short Title.

Section 45-51-21 Short title. This part shall be known as the Montgomery County Wine Franchise Jobs Protection Act. (Act 2014-223, p. 731, § 1; Act 2014-263, p. 840, § 1.)

Section 45-51-21.01 – Applicability.

Section 45-51-21.01 Applicability. This part shall be operative only in Montgomery County. (Act 2014-223, p. 731, § 2; Act 2014-263, p. 840, § 2.)

Section 45-51-21.02 – Purpose.

Section 45-51-21.02 Purpose. The legislative intent and purpose of this part is to provide a structure for the business relations between a wholesaler and a supplier of wine in Montgomery County. Regulation in this area within the county is considered necessary for the following reasons: (1) To maintain stability and healthy competition in the wine […]

Section 45-51-21.03 – Definitions.

Section 45-51-21.03 Definitions. (a) The following words or phrases, or the plural thereof, whenever they appear in this part, unless the context clearly requires otherwise, shall have the meaning 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 45-51-21.04 – Wholesale Licensees; Exclusive Sales Territories.

Section 45-51-21.04 Wholesale licensees; exclusive sales territories. Each supplier of wine licensed by the Alcoholic Beverage Control Board authorizing the licensee 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 […]

Section 45-51-21.05 – Prohibited Activities – Supplier.

Section 45-51-21.05 Prohibited activities – Supplier. A supplier shall not: (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 April 2, 2014, shall be […]

Section 45-51-21.06 – Prohibited Activities – Wholesaler.

Section 45-51-21.06 Prohibited activities – Wholesaler. A wholesaler shall not: (1) Fail to devote reasonable efforts and resources, within a supplier’s 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 to a […]

Section 45-51-21.07 – Amendment, Modification, Termination, etc., of Agreement.

Section 45-51-21.07 Amendment, modification, termination, etc., of agreement. (a) Notwithstanding any agreement and except as otherwise provided for in this part, 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 […]

Section 45-51-21.08 – Transfer of Business of Wholesaler.

Section 45-51-21.08 Transfer of business of wholesaler. (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 […]

Section 45-51-21.09 – Reasonable Compensation for Diminution of Value of Business of Wholesaler; Arbitration.

Section 45-51-21.09 Reasonable compensation for diminution of value of business of wholesaler; arbitration. (a) Except as provided for in this part, 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, or where […]

Section 45-51-21.10 – Waiver of Rights; Dispute Settlements.

Section 45-51-21.10 Waiver of rights; dispute settlements. A wholesaler may not waive any of the rights granted in this part and the provisions of any agreement which would have such an effect shall be null and void. Nothing in this part shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into […]

Section 45-51-21.11 – Applicability of Agreements to Transferees and Successors in Business.

Section 45-51-21.11 Applicability of agreements to transferees and successors in business. (a) This part shall apply to agreements in existence on April 2, 2014, as well as agreements entered into or renewed after April 2, 2014. (b) A transferee of a wholesaler that continues in business as a wholesaler shall have the benefit of and […]

Section 45-51-21.12 – Violations.

Section 45-51-21.12 Violations. (a) 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 reasonably incurred as the result of the prohibited conduct. If a wholesaler engages in conduct prohibited under this part, a […]

Section 45-51-21.13 – Construction of Part.

Section 45-51-21.13 Construction of part. This part is cumulative and supplemental and is in addition to Sections 28-8-1 to 28-8-8, inclusive. (Act 2014-223, p. 731, § 15; Act 2014-263, p. 840, § 15.)