§ 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.)
§ 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-1116 – Exclusive outlets prohibited.
18B-1116. Exclusive outlets prohibited. (a) Prohibitions. – It shall be unlawful for any manufacturer, bottler, or wholesaler of any alcoholic beverages, or for any officer, director, or affiliate thereof, either directly or indirectly to: (1) Require that an alcoholic beverage retailer purchase any alcoholic beverages from that person to the full or partial exclusion of […]
§ 18B-1210 – Management.
18B-1210. Management. No winery may 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 winery. (1983, c. 85, s. 2.)
§ 18B-1118 – Purchase restrictions.
18B-1118. Purchase restrictions. The holder of a malt beverage wholesaler, wine wholesaler, malt beverage importer, wine importer, or bottler permit may not purchase malt beverages or wine for resale in this State from a nonresident who does not have the proper nonresident vendor permit. (1985, c. 114, s. 3.)
§ 18B-1211 – No discrimination.
18B-1211. No discrimination. No winery may discriminate among its wholesalers in any business dealings, including the price of wine sold to the wholesaler, unless the classification among its wholesalers is based upon reasonable grounds. (1983, c. 85, s. 2.)
§ 18B-1119 – Supplier's financial interest in wholesaler.
18B-1119. Supplier’s financial interest in wholesaler. (a) A supplier or an officer, director, employee or affiliate of a supplier may not acquire, possess, or otherwise maintain an ownership interest in a wholesaler except as expressly authorized by this Chapter. (b) Repealed by Session Laws 2018-100, s. 7(b), effective June 26, 2018. (c) A supplier or […]