§ 18B-1302 – Franchise agreement.
18B-1302. Franchise agreement. (a) Nature of Agreement. – A franchise agreement is a commercial relationship between a wholesaler and supplier of a definite or indefinite duration, whether written or oral, including: (1) A relationship whereby a wholesaler is granted the right to offer and sell the brands of malt beverages offered by the supplier; or […]
§ 18B-1303 – Filing of distribution agreement; no discrimination.
18B-1303. Filing of distribution agreement; no discrimination. (a) Filing. – It is unlawful for a supplier to provide malt beverages to a wholesaler unless the Commission has received notification from the supplier designating the brands of the supplier which the wholesaler is authorized to sell and the territory in which such sales may take place. […]
§ 18B-1304 – Prohibitions.
18B-1304. Prohibitions. It is unlawful for a supplier, or an officer, agent or representative of a supplier, to: (1) Coerce or attempt to coerce or persuade a wholesaler to violate any provision of the ABC laws or rules of the Department of Revenue. (2) Except as authorized by G.S. 18B-1305(a1), alter in a material way, […]
§ 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-1121 – Authority to sample for sensory analysis, quality control, or educational purposes.
18B-1121. Authority to sample for sensory analysis, quality control, or educational purposes. Except as otherwise prohibited under Article 3 of this Chapter, a commercial permittee licensed under this Article, or its agent or employee, may consume samples of alcoholic beverages it is licensed to sell, free of charge, for purposes of sensory analysis, quality control, […]
§ 18B-1122 – Minimum standard of fill for malt beverages.
18B-1122. Minimum standard of fill for malt beverages. Malt beverages may be produced, bottled, imported, distributed, and sold in sealed containers which are 50 milliliters or more in volume. The Commission shall not limit or restrict the size of an individual malt beverage container allowed for sale in this State, provided that the container is […]
§ 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 […]