123A.1 Purposes and scope. This chapter is enacted pursuant to the authority of the state under the provisions of the twenty-first amendment to the Constitution of the United States to promote the public’s interest in fair, efficient, and competitive distribution of beer products through regulation and encouragement of brewer and wholesaler vendors to conduct their […]
123A.10 Waiver — prohibited. A brewer shall not require a wholesaler to waive compliance with any provision of this chapter. This chapter shall not be construed to limit or prohibit a good faith settlement of a dispute voluntarily entered into between the parties. 95 Acts, ch 101, §10
123A.11 Indemnification. A brewer shall fully indemnify and hold harmless the brewer’s wholesaler against any losses, including but not limited to court costs and reasonable attorney fees or damages arising out of complaints, claims, or lawsuits, including but not limited to strict liability, negligence, misrepresentation, or express or implied warranty where the complaint, claim, or […]
123A.12 Application to existing agreements. 1. The provisions of this chapter apply to a valid agreement in effect immediately before July 1, 1995, when the first of the following dates occurs: a. On the effective date of the next amendment, modification, or renewal of the existing valid agreement. b. On the next anniversary date of […]
123A.13 Canned cocktails — applicability of chapter. The provisions of this chapter that apply to a brewer and wholesaler of beer shall apply to a manufacturer and wholesaler of canned cocktails. 2019 Acts, ch 107, §5, 6
123A.2 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Affected party” means a wholesaler, brewer, master distributor, successor brewer, or any person that is a party to an agreement. 2. “Agreement” means a contract or arrangement whether expressed or implied, oral or written, for a definite or indefinite period between a […]
123A.3 Termination and notice of cancellation. 1. Except as provided in subsection 5, a brewer or wholesaler shall not amend, modify, cancel, fail to renew, or otherwise terminate an agreement unless the brewer or wholesaler furnishes prior notification to the other party in accordance with subsection 2. 2. The notification required under subsection 1 shall […]
123A.4 Cancellation. A brewer or a wholesaler shall not cancel, fail to renew, or otherwise terminate an agreement unless the party intending that action has good cause for the cancellation, failure to renew, or termination, has made good faith efforts to resolve disagreements, and, in any case in which prior notification is required under section […]
123A.5 Prohibited conduct. 1. A brewer shall not commit any of the following actions: a. Induce or coerce, or attempt to induce or coerce, any wholesaler to engage in any illegal act or course of conduct. b. Require a wholesaler to assent to any unreasonable requirement, condition, understanding, or term of an agreement prohibiting a […]
123A.6 Transfer of business assets or stock. 1. A brewer shall not unreasonably withhold or delay its approval of any assignment, sale, or transfer of the stock or other indicia of ownership of a wholesaler or all or any portion of a wholesaler’s assets, wholesaler’s voting stock, the voting stock of any parent corporation, or […]
123A.7 Reasonable compensation. 1. A brewer who cancels, fails to renew, or terminates any agreement, or unlawfully denies approval of, or unreasonably withholds consent to any assignment, transfer, or sale of a wholesaler’s business assets or voting stock or other equity securities, except as provided in this chapter, shall pay the wholesaler with which the […]
123A.8 Right of free association. A brewer or wholesaler shall not restrict or inhibit, directly or indirectly, the right of free association among brewers or wholesalers for any lawful purpose. 95 Acts, ch 101, §8
123A.9 Judicial remedies. 1. If a brewer or a wholesaler who is a party to an agreement pursuant to this chapter fails to comply with this chapter or otherwise engages in conduct prohibited under this chapter, the aggrieved party may maintain a civil action in district court if the cause of action directly relates to […]
