Section 12-9-114 – Agreements Binding on Successor.
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.
Section 12-9-115 – Reasonable Compensation.
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 […]
Section 12-9-116 – Remedies.
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, […]
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 12-9-101 – 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 […]