§ 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-1212 – No waiver.
18B-1212. No waiver. No winery may require any wholesaler to waive compliance with any provision of this Chapter. Nothing in this Chapter, however, may be construed to limit or prohibit good faith settlements of disputes voluntarily entered into between the parties. (1983, c. 85, s. 2.)
§ 18B-1213 – Obligations of purchaser.
18B-1213. Obligations of purchaser. The purchaser of a winery, and any successor to the import rights of a winery, is obligated to all the terms and conditions of an agreement in effect on the date of the purchase or other acquisition of the right to distribute a brand, except for good cause, which includes, (1) […]
§ 18B-1200 – Construction; findings and purpose; exceptions.
18B-1200. Construction; findings and purpose; exceptions. (a) This Article shall be liberally construed and applied to promote its underlying purposes and policies. (b) The underlying purposes and policies of the Article are: (1) To promote the compelling interest of the public in fair business relations between wine wholesalers and wineries, and in the continuation of […]
§ 18B-1201 – Definitions.
18B-1201. Definitions. As used in this Article, unless the context requires otherwise: (1) "Agreement" means a commercial relationship between a wine wholesaler and a winery. The agreement may be of a definite or indefinite duration and is not required to be in writing. Any of the following constitutes prima facie evidence of an "agreement" within […]
§ 18B-1202 – No inducement, coercion, or discrimination.
18B-1202. No inducement, coercion, or discrimination. No winery may: (1) Induce, coerce, or attempt to induce or coerce any wine wholesaler to accept delivery of any alcoholic beverage or any other commodity which has not been ordered by the wine wholesaler; (2) Induce, coerce, or attempt to induce or coerce any wine wholesaler to do […]
§ 18B-1203 – Primary area of responsibility; no discrimination.
18B-1203. Primary area of responsibility; no discrimination. (a) Each agreement shall designate the sales territory of the wholesaler. No winery may enter into more than one agreement for each brand of wine or beverage it offers in any territory. A wholesaler shall not distribute any brand of wine to a retailer whose premises are located […]
§ 18B-1204 – Cancellation.
18B-1204. Cancellation. Notwithstanding the terms, provisions, or conditions of any agreement, no winery may amend, cancel, terminate, or refuse to continue to renew any agreement, or cause a wholesaler to resign from an agreement, unless good cause exists for amendment, termination, cancellation, nonrenewal, noncontinuation, or resignation. "Good cause" does not include a change in ownership […]