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 12-9-109 – Conditions and Notice Required.
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 […]
Section 12-9-110 – Discontinuance of Production or Distribution.
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. […]
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 12-8-102 – Manufacturing, Rectifying or Sale Without License or Permit; Penalties.
12-8-102. Manufacturing, rectifying or sale without license or permit; penalties. (a) Any person who manufactures or rectifies any alcoholic beverage without holding a manufacturer’s license or who possesses a still without holding a manufacturer’s license is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not […]
Section 12-8-301 – Limitation of Liability.
12-8-301. Limitation of liability. (a) No person who has legally provided alcoholic liquor or malt beverage to any other person is liable for damages caused by the intoxication of the other person. (b) This section does not affect the liability of the intoxicated person for damages. (c) This section does not affect the liability of […]