12-9-101. Legislative findings and intent. (a) Regulation of business relations between malt beverage distributors and manufacturers serves a significant and legitimate public purpose. (b) This act is intended to control and stabilize the distribution of malt beverages in the state and comprises an integral part of a comprehensive legislative regulation. (c) This act is enacted […]
12-9-102. Definitions. (a) As used in this act: (i) “Brand” means any word, name, group of letters, symbol, trademark or combination thereof but not including the name of the supplier adopted and used by a supplier on a label to identify a specific beer or malt beverage and to distinguish that product from the label […]
12-9-103. Application of act. Any person who engages directly or indirectly in purposeful agreements or contracts in connection with the purchase of malt beverages from manufacturers or the sale of malt beverages to malt beverage distributors within this state shall be subject to the provisions of this act and shall be subject to the jurisdiction […]
12-9-104. Unfair and prohibited acts. (a) It shall be a violation of this act for a manufacturer or manufacturer’s officer, agent or other representative thereof: (i) To coerce or compel, or attempt to coerce or compel, any malt beverage distributor to order or accept delivery of any malt beverage or any other commodity which the […]
12-9-105. Distributor’s resignation; cancellation; termination; failure to renew; refusal to continue. (a) Notwithstanding any agreement and except as otherwise provided for in this act, a manufacturer shall not cause a distributor to resign from an agreement, or cancel, terminate, fail to renew or refuse to continue under an agreement unless the manufacturer has: (i) Satisfied […]
12-9-106. Good cause for terminating agreement; rights to cure. (a) Notwithstanding any agreement, good cause shall exist for the purposes of a termination, cancellation, nonrenewal or discontinuance under W.S. 12-9-105(a)(iii) when all of the following occur: (i) There is a failure by the distributor to comply with a provision of the agreement which is both […]
12-9-107. Burden of proof. For each termination, cancellation, nonrenewal or discontinuance, the manufacturer shall have the burden of showing that it has acted in good faith, that the notice requirements and rights to cure under this act have been complied with and that there was good cause for the termination, cancellation, nonrenewal or discontinuance.
12-9-108. Notice for terminating an agreement. (a) Notwithstanding any agreement and except as otherwise provided in this act, the manufacturer shall furnish written notice of the termination, cancellation, nonrenewal or discontinuance of an agreement to the distributor not less than thirty (30) days before the effective date of the termination, cancellation, nonrenewal or discontinuance. In […]
12-9-109. Conditions and notice required. (a) Notwithstanding W.S. 12-9-105 and 12-9-106, a manufacturer may immediately terminate, cancel, fail to renew, or discontinue an agreement if any of the following occur: (i) Insolvency of the distributor, the filing of any petition by or against the distributor under any bankruptcy or receivership law, or the dissolution or […]
12-9-110. Discontinuance of production or distribution. Notwithstanding W.S. 12-9-105, 12-9-108 and 12-9-109, a manufacturer may terminate, cancel, not renew or discontinue an agreement upon not less than thirty (30) days prior written notice if the supplier discontinues production or discontinues distribution throughout this state of all the brands sold by the manufacturer to the distributor. […]
12-9-111. Effort required by distributor. The distributor shall devote such efforts and resources to sales and distribution of all the manufacturer’s products which the distributor has been granted the right to sell and distribute as reasonably required by the agreement between the manufacturer and distributor.
12-9-112. Waiver prohibited. A distributor shall not waive any of the rights granted in any provision of this act. Nothing in this act shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by the parties.
12-9-113. Agreement subject to act. The provisions of this act shall apply to all agreements between a manufacturer and distributor entered into on or after the effective date of this act.
12-9-114. Agreements binding on successor. A successor to a manufacturer that continues in business as a manufacturer shall be bound by all terms and conditions of each agreement of the manufacturer in effect on the date of succession.
12-9-115. Reasonable compensation. (a) In the event that a distributor is terminated by a manufacturer in bad faith or for other than good cause, the distributor shall be entitled to additional compensation from the manufacturer for: (i) The fair market value of any and all assets, including ancillary business assets of the distributor used in […]
12-9-116. Remedies. (a) During the thirty (30) day period provided in W.S. 12-9-108, either party, in appropriate circumstances, may bring an action in the appropriate court of this state pending a final determination of the proceedings on the merits. (b) In any action brought under this act, the court shall have authority to grant temporary, […]
12-9-117. Contracts and the validity thereof. No manufacturer shall effect any sale to a distributor in Wyoming except pursuant to a written contract between the manufacturer and the distributor.
12-9-118. Repurchase of inventory upon termination. (a) Whenever any malt beverage distributor enters into a franchise agreement with a manufacturer in which the distributor agrees to maintain an inventory of malt beverages and the franchise is subsequently terminated, the manufacturer shall repurchase the inventory as provided in this act. If the distributor has any outstanding […]
12-9-119. Indemnification. A manufacturer shall fully indemnify and hold harmless its distributor against any losses, including, but not limited to, court costs and reasonable attorney’s fees or damages arising out of complaints, claims or lawsuits, including, but not limited to, strict liability, negligence, misrepresentation or express or implied warranty if the complaint, claim or lawsuit […]
