325B.01 DEFINITIONS. Subdivision 1. Scope. As used in sections 325B.01 to 325B.17 and unless otherwise required by the context, the terms defined in this section have the meanings given them. Subd. 2. Agreement. “Agreement” means one or more of the following: (a) a commercial relationship between a beer wholesaler and a brewer of a definite […]
325B.02 NO INDUCEMENT OR COERCION. No brewer shall: (1) Induce or coerce, or attempt to induce or coerce, any beer wholesaler to accept delivery of any alcoholic beverage or any other commodity which shall not have been ordered by the beer wholesaler. (2) Induce or coerce, or attempt to induce or coerce, any beer wholesaler […]
325B.03 NO DUAL DISTRIBUTION. No brewer who designates a sales territory for which any wholesaler shall be primarily responsible shall enter into any agreement with any other beer wholesaler for the purpose of establishing an additional agreement for its brand or brands of beer in the same territory served by a beer wholesaler with that […]
325B.031 BRANDS; BRAND EXTENSIONS. Subdivision 1. Definitions. For purposes of this section: (a) “Brand” is any word, name, group of letters, symbol, or combination thereof, that is adopted and used by a brewer or importer to identify a specific beer product, and to distinguish that beer product from another beer product. (b) “Brand extension” is […]
325B.04 TERMINATION OF AGREEMENTS. Subdivision 1. Terminations. Notwithstanding the terms, provisions or conditions of any agreement, no brewer shall amend, cancel, terminate or refuse to continue to renew any agreement, or cause a wholesaler to resign from an agreement, unless the brewer: (1) has satisfied the notice and opportunity to cure requirements of section 325B.05; […]
325B.05 NOTICE OF INTENT TO TERMINATE. Subdivision 1. Notices; time limit. (a) Notwithstanding any provision to the contrary in any agreement between a brewer and a wholesaler, a brewer who intends to terminate, cancel, discontinue, or refuse to renew an agreement with a wholesaler must furnish written notice to that effect to the wholesaler not […]
325B.06 ASSIGNMENT, TRANSFER OR SALE OF BUSINESS. No brewer shall unreasonably withhold consent to any assignment, transfer or sale of the wholesaler’s business whenever the wholesaler to be substituted meets the material and reasonable qualifications and standards required of its wholesalers. History: 1977 c 328 s 6
325B.07 REASONABLE COMPENSATION. Subdivision 1. Requirement. Any brewer which amends, cancels, terminates, or refuses to continue or renew any beer agreement, or causes a wholesaler to resign, unless for good cause shown as defined in section 325B.04, from an agreement or unreasonably withholds consent to any assignment, transfer or sale of a wholesaler’s business, shall […]
325B.08 JUDICIAL REMEDIES. If a brewer engages in conduct prohibited under sections 325B.01 to 325B.17, a wholesaler may maintain a suit against the brewer in federal or state court in Minnesota. Such a venue may not be waived except at the time that the lawsuit is filed. The court may grant equitable relief as is […]
325B.09 PRICE OF PRODUCT. No brewer, whether by means of a term or condition of an agreement or otherwise, shall fix or maintain the price at which the wholesaler shall sell any alcoholic beverage. History: 1977 c 328 s 9
325B.10 RETALIATORY ACTION PROHIBITED. A brewer shall not take retaliatory action against a wholesaler who files or manifests an intention to file a complaint of alleged violation of state or federal law or regulation by the brewer with the appropriate state or federal regulatory authority. Retaliatory action shall include, but shall not be limited to, […]
325B.11 MANAGEMENT. No brewer shall require or prohibit any change in management or personnel of any wholesaler unless the current or potential management or personnel fails to meet reasonable qualifications and standards required by the brewer. History: 1977 c 328 s 11
325B.12 PROHIBITED ACTS. Subdivision 1. Discrimination prohibited. No brewer shall discriminate among its wholesalers in any business dealings including, but not limited to, the price of beer sold to the wholesaler, unless the classification among its wholesalers is based upon reasonable grounds. Nothing in this section shall be construed to prohibit the sale or offer […]
325B.13 NO WAIVER. No brewer shall require any wholesaler to waive compliance with any provision of sections 325B.01 to 325B.17. Nothing in sections 325B.01 to 325B.17 shall be construed to limit or prohibit good faith settlements of disputes voluntarily entered into between the parties. History: 1977 c 328 s 13
325B.14 OBLIGATIONS OF SUCCESSOR. A successor shall become obligated to all of the terms and conditions of the agreement in effect on the date of succession. This section applies regardless of the character or form of the succession. A successor has the right to contractually require its wholesalers to comply with operational standards of performance, […]
325B.15 COVERAGE. The provisions of sections 325B.01 to 325B.17 cover agreements entered into after May 28, 1977. History: 1977 c 328 s 15; 1987 c 346 s 2
325B.16 RIGHT OF FREE ASSOCIATION. No brewer or wholesaler shall restrict or inhibit, directly or indirectly, the right of free association among brewers or wholesalers for any lawful purpose. History: 1977 c 328 s 16
325B.17 RELATION TO PRIOR LAW. Sections 325B.01 to 325B.17 supplement and do not supersede any prior law. If they are found to be inconsistent with prior law, the prior law shall govern. History: 1977 c 328 s 17
