§ 4.1-504. Sale of brewery
A. Except for discontinuance of a brand or for good cause as provided in § 4.1-505, the purchaser of a brewery shall become obligated to all of the terms and conditions of the selling brewery’s agreements with distributors in effect on the date of purchase. The purchaser of a brand from a brewery shall become […]
§ 4.1-505. Cancellation
Notwithstanding the terms, provisions or conditions of any agreement, no brewery shall unilaterally amend, cancel, terminate or refuse to continue to renew any agreement, or unilaterally cause a wholesaler to resign from an agreement, unless the brewery has first complied with § 4.1-506 and good cause exists for amendment, termination, cancellation, nonrenewal, noncontinuation or causing […]
§ 4.1-506. Notice of intent to terminate
A. Except as provided in subsection F, a brewery shall provide a wholesaler at least ninety days’ prior written notice of any intent to amend, terminate, cancel or not renew any agreement. The notice, a copy of which shall be mailed at the same time to the Board, shall state all the reasons for the […]
§ 4.1-507. Transfer of business
A. No brewery shall unreasonably withhold or delay consent to any transfer of the wholesaler’s business, or transfer of the stock or other interest in the wholesalership, whenever the wholesaler to be substituted meets the material and reasonable qualifications and standards required of its wholesalers. Whenever a transfer of a wholesaler’s business occurs, the purchaser […]
§ 4.1-508. Remedies
A. In addition to any other sanctions which the Board is empowered by law to impose, it may order that any act or practice constituting a violation of this chapter be ceased and, where necessary, corrective measures implemented. In addition, in any case in which a brewery is found to have attempted or accomplished an […]
§ 4.1-509. Board proceedings and appellate review
A. The Board, upon petition by any beer wholesaler or brewery, or upon its own motion if it has reasonable grounds to believe a violation has or may have occurred, shall have the responsibility of determining whether a violation of any provision of this chapter has occurred. The Board may, if it finds that a […]
§ 4.1-509.1. Board proceedings; contemplated actions by brewery or wholesaler
A. For purposes of this section, “contemplated action” means an action proposed by a brewery or wholesaler that (i) if carried out would violate any provision of this chapter or subdivision 1 b (v) of § 4.1-225 and (ii) is demonstrated by a specific written statement authored by a brewery or an employee of a […]
§ 4.1-500. Definitions
As used in this chapter, unless the context requires a different meaning: “Agreement” means a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration, between a brewery and beer wholesaler pursuant to which the wholesaler has been authorized to distribute one or more of the brewery’s brands of beer. The […]
§ 4.1-501. Applicability
This chapter shall apply to all agreements in effect on or after January 1, 1978. 1978, c. 579, § 4-118.18; 1993, c. 866.