Section 302 – Prohibited conduct of supplier.
32B-14-302. Prohibited conduct of supplier. (1) A supplier may not: (a) induce or coerce, or attempt to induce or coerce, a wholesaler to engage in an illegal act or course of conduct; (b) impose a requirement that is discriminatory by its terms or in the methods of enforcement as compared to requirements imposed by the […]
Section 303 – Prohibited conduct of wholesaler.
32B-14-303. Prohibited conduct of wholesaler. (1) A wholesaler may not: (a) induce or coerce, or attempt to induce or coerce, a retailer to engage in an illegal act or course of conduct; (b) impose a requirement that is discriminatory by its terms or in the methods of enforcement as compared to requirements imposed by the […]
Section 304 – Sale or transfer of business assets or ownership.
32B-14-304. Sale or transfer of business assets or ownership. (1) Without the prior written approval of a sale or transfer by the supplier: (a) a wholesaler may not sell or transfer its business, or any portion of its business, including the distributorship agreement, to a successor in interest; and (b) the owner of an interest […]
Section 305 – Sale or transfer of supplier’s business.
32B-14-305. Sale or transfer of supplier’s business. (1) (a) For purposes of this section, “successor” means a supplier who obtains a distribution right of a brand that a wholesaler distributes in this state pursuant to a distributorship agreement with another supplier who previously had the distribution rights of the brand. (b) For purposes of Subsection […]
Section 401 – Reasonable compensation — Arbitration.
32B-14-401. Reasonable compensation — Arbitration. (1) (a) If a supplier violates Section 32B-14-201 or 32B-14-304, the supplier is liable to the wholesaler for the sum of: (i) the laid-in cost of inventory of the affected brands; and (ii) any diminution in the fair market value of the wholesaler’s business with relation to an affected brand. […]
Section 402 – Judicial remedies.
32B-14-402. Judicial remedies. (1) A supplier or wholesaler who is a party to a distributorship agreement may maintain a civil action against the supplier or wholesaler in a court of competent jurisdiction in the county in which the wholesaler’s principal place of business is located if: (a) the supplier or wholesaler violates this chapter; or […]
Section 301 – Distributorship agreements in general.
32B-14-301. Distributorship agreements in general. A distributorship agreement may be for a definite or indefinite period. Enacted by Chapter 276, 2010 General Session
Section 101 – Title — Legislative intent.
32B-14-101. Title — Legislative intent. (1) This chapter is known as the “Utah Beer Industry Distribution Act.” (2) (a) It is the policy of the Legislature to regulate and control the importation, sale, and distribution of beer within the state in the exercise of its powers under the Twenty-first Amendment to the Constitution of the […]
Section 103 – Modifying statutory requirements not permitted.
32B-14-103. Modifying statutory requirements not permitted. (1) Nothing in this chapter is intended to restrict the right of a supplier to contractually require its wholesaler to comply with the supplier’s operational standards of performance that are: (a) consistent with this chapter; and (b) uniformly established for its wholesalers according to the supplier’s good faith business […]
Section 201 – Termination of distributorship agreements.
32B-14-201. Termination of distributorship agreements. (1) Except as provided in Subsection (2) or (3), a supplier or wholesaler may not: (a) terminate a distributorship agreement; or (b) fail to renew a distributorship agreement. (2) A supplier or wholesaler may take an action prohibited by Subsection (1) if: (a) the supplier or wholesaler has good cause […]