Section 12-9-118 – Repurchase of Inventory Upon Termination.
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 […]
Section 12-9-104 – Unfair and Prohibited Acts.
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 […]
Section 12-9-105 – Distributor’s Resignation; Cancellation; Termination; Failure to Renew; Refusal to Continue.
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 […]
Section 12-9-106 – Good Cause for Terminating Agreement; Rights to Cure.
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 […]
Section 12-9-107 – Burden of Proof.
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.
Section 12-9-108 – Notice for Terminating an Agreement.
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 […]
Section 12-9-103 – Application of Act.
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 […]
Section 12-9-101 – Legislative Findings and Intent.
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 […]
Section 12-9-102 – Definitions.
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 […]