180:1 Definitions. – I. " Beverage distributors agreement " means a commercial relationship, not necessarily in writing, of definite or indefinite duration, between a beverage manufacturer license holder, brew pub, or beverage vendor, and a wholesale distributor, pursuant to which the wholesale distributor has been authorized to distribute one or more of the brewer’s […]
180:10 Filing. – A copy of each distribution agreement and any amendment to it shall be filed with the commission by the beverage manufacturer, brew pub, or beverage vendor and wholesale distributor, promptly following January 1, 1982, for any distribution agreement in effect on that date, or promptly following its execution for an agreement, […]
180:11 Quality Control Services. – Every beverage wholesale distributor shall service, for the purpose of quality control, all of the beverages it sells to its retailers. Each such wholesale distributor shall provide such additional quality control services and comply with such additional quality control standards as are from time to time specified in writing […]
180:12 Resale Price Maintenance Prohibited. – No provision of any distribution agreement shall directly or indirectly establish or maintain the resale price of any brand or label of beverage by the wholesale distributor. Source. 1990, 255:1, eff. July 1, 1990.
180:2 Acts Prohibited. – No beverage manufacturer license holder, brew pub, or beverage vendor shall: I. Induce, coerce, or attempt to induce or coerce, any wholesale distributor licensee to accept delivery of any beverage or any other commodity which has not been ordered by the wholesale distributor, provided that recommendation, endorsement, exposition, persuasion or […]
180:3 Cancellation. – I. Notwithstanding the terms, provisions, or conditions of any agreement, no beverage manufacturer, brew pub, or beverage vendor shall amend, cancel, terminate, or refuse to continue or renew any agreement, or cause a wholesale distributor to resign from an agreement, unless good cause can be established or proven for amendment, termination, […]
180:4 Notice of Intent to Terminate. – Prior to any termination procedure initiated by the beverage manufacturer, brew pub, or beverage vendor, a wholesale distributor shall be informed in writing of any claimed deficiency existing in the sales territory and shall be given reasonable time to make requested corrections. After this reasonable time has […]
180:5 Compensation. – I. Any beverage manufacturer, brew pub, or beverage vendor which amends, cancels, terminates, or refuses to continue or renew any agreement, or causes a wholesale distributor to resign from an agreement, without good cause in violation of RSA 180:3, or unreasonably withholds consent to any assignment, transfer, or sale of all […]
180:6 Judicial Remedies. – I. If the brewer or wholesale distributor fails to comply with this chapter, the affected party may maintain a civil action in a court of competent jurisdiction, provided, however, that to the extent the parties by agreement specify that disputes arising out of the brewer-wholesale distributor relationship shall be resolved […]
180:7 Settlement of Disputes. – Subject to the provisions of RSA 180:6, nothing in this chapter shall be construed to limit or prohibit voluntary good faith settlements of disputes entered into between the parties. Source. 1990, 255:1. 2003, 231:49, eff. July 1, 2003.
180:8 Sale of Beverage Manufacturer, Brew Pub, or Beverage Vendor. – The purchaser of a beverage manufacturer, brew pub, or beverage vendor shall become obligated to all terms and conditions of the agreement in effect on the date of purchase unless subsequently terminated by the beverage manufacturer, brew pub, or beverage vendor for good […]
180:9 Exclusive Wholesale Distributor Territorial Agreements. – It shall be unlawful for a wholesale distributor, brew pub, or beverage manufacturer to sell any brand of beverage in this state except in the territory described in a distribution agreement authorizing sale of that brand or label within a designated area, and within that designated area […]
