§ 18B-1305 – Cause for termination of franchise agreement.
18B-1305. Cause for termination of franchise agreement. (a) Meaning of Good Cause. – Good cause for altering or terminating a franchise agreement, or failing to renew or causing a wholesaler to resign from such an agreement, exists when the wholesaler fails to comply with provisions of the agreement which are reasonable, material, not unconscionable, and […]
§ 18B-1306 – Remedies for wrongful termination.
18B-1306. Remedies for wrongful termination. (a) Injunctive Relief. – A wholesaler whose franchise agreement is altered, terminated or not renewed in violation of this Article may bring an action to enjoin such unlawful alteration, termination or failure to renew. The action may be brought in the county in which the wholesaler has its principal place […]
§ 18B-1307 – Transfer or merger of wholesaler's business.
18B-1307. Transfer or merger of wholesaler’s business. (a) Right of Transfer to Designated Family Member. – An individual’s interest in a wholesaler business, including the rights under the franchise agreement with the supplier, may be transferred or assigned to a designated family member. The transfer or assignment shall not be effective until written notice is […]
§ 18B-1308 – Article part of all franchise agreements.
18B-1308. Article part of all franchise agreements. The provisions of this Article shall be part of all franchise agreements as defined in G.S. 18B-1302 and may not be altered by the parties. A wholesaler’s rights under this Article may not be waived or superseded by the provisions of a written franchise agreement prepared by a […]
§ 18B-1309 – Mediation at direction of Alcoholic Beverage Control Commission.
18B-1309. Mediation at direction of Alcoholic Beverage Control Commission. If a dispute arises between a wholesaler and supplier under this Article, and such dispute appears likely to lead to litigation, the Commission, upon request of any party or on its own initiative, may require the parties to participate in mediation in an effort to resolve […]
§ 18B-1214 – Prohibited practices enumerated.
18B-1214. Prohibited practices enumerated. It is a violation of this Article for any winery, directly or indirectly, to engage in any of the following practices: (1) To restrict the sale of any equity or indebtedness or the transfer of any securities of any wholesaler or in any way prevent or attempt to prevent the transfer, […]
§ 18B-1215 – Intent of nondiscrimination.
18B-1215. Intent of nondiscrimination. It is the intent of this Article that there shall be no unlawful discrimination based on race, color, creed, sex, religion, or national origin in any aspect of the awarding or maintaining of agreements covered by this Article. (1983, c. 85, s. 2.)
§ 18B-1216 – Relation of Article to other laws.
18B-1216. Relation of Article to other laws. Nothing in this Article relieves a winery or wholesaler of any obligation, duty, or prohibition imposed by any other provision of this Chapter or by G.S. 75-1.1 or by any other provision of State law, and the remedies provided in this Article are nonexclusive. (1983, c. 85, s. […]
§ 18B-1300 – Purpose.
18B-1300. Purpose. Pursuant to the authority of the State under the Twenty-First Amendment to the United States Constitution, the General Assembly finds that regulation of the business relations between malt beverage manufacturers and importers and the wholesalers of such products is necessary to: (1) Maintain stability and healthy competition in the malt beverage industry in […]
§ 18B-1301 – Definitions.
18B-1301. Definitions. (1) "Supplier" means a brewer, bottler, or importer of malt beverages, including anyone who holds a brewery, malt beverages importer or nonresident malt beverages vendor permit. (2) "Wholesaler" means the holder of a malt beverages wholesaler permit. (1989, c. 142, s. 1; 1995, c. 466, s. 14.)