Section 28-8A-1 Legislative intent and general provisions. (a) The Legislature hereby finds and declares that this chapter is enacted pursuant to the authority granted to the state under the Twenty-First Amendment to the United States Constitution, the powers reserved to the state under the Tenth Amendment to the United States Constitution, and the inherent powers […]
Section 28-8A-10 No waiver; successors and transferees. (a) A wholesaler may not waive any of the rights granted in this chapter and the provisions of any agreement which would have such an effect shall be void. Nothing in this chapter shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by […]
Section 28-8A-11 Standards of conduct. (a) If a supplier engages in conduct prohibited under this chapter, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages reasonably incurred as the result of the prohibited conduct. If a wholesaler engages in conduct prohibited under this […]
Section 28-8A-2 Definitions. As used in this chapter, the following terms shall have the following meanings: (1) AGREEMENT. Any agreement between a wholesaler and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of wine sold by a supplier. (2) ANCILLARY BUSINESS. A […]
Section 28-8A-3 Existing franchise laws. (a) This chapter does not apply to regulation of beer franchises. (b) Nothing in this chapter shall be deemed to repeal or amend wine franchise laws existing on August 1, 2021. This article is intended to provide wine franchise regulation for counties in which regulation does not exist by local […]
Section 28-8A-4 Territorial agreements. Each supplier of wine licensed by the board to sell its wine within the State of Alabama shall sell its wine through wholesaler licensees of the board and shall grant in writing to each of its wholesalers an exclusive sales territory in accordance with Chapter 8. (Act 2021-419, §4.)
Section 28-8A-5 Supplier prohibitions. A supplier shall not do any of the following: (1) Fail to provide each wholesaler of the supplier’s brand or brands with a written agreement which contains in total the supplier’s agreement with each wholesaler, and designates a specific exclusive sales territory. Any agreement that is in existence on August 1, […]
Section 28-8A-6 Wholesaler prohibitions. A wholesaler shall not do any of the following: (1) Fail to devote reasonable efforts and resources, within its supplier-designated sales territory, to the sale and distribution of all the supplier’s brands of wine which the wholesaler has been granted the right to sell or distribute. (2) Sell or deliver wine […]
Section 28-8A-7 Supplier and wholesaler agreements. (a) Notwithstanding any agreement and except as otherwise provided for in this chapter, a supplier shall not amend or modify an agreement; cause a wholesaler to resign from an agreement; or cancel, terminate, fail to renew, or refuse to continue under an agreement, unless, in any of the foregoing […]
Section 28-8A-8 Transfers of wholesaler business. (a) Upon written notice of intent to transfer the wholesaler’s business, any individual owning or deceased individual who owned an interest in a wholesaler may transfer the wholesaler’s business to a designated member, or any other person who meets the nondiscriminatory, material, and reasonable qualifications and standards required by […]
Section 28-8A-9 Payment to the wholesaler of reasonable compensation for diminished value of business; arbitration. (a) Except as provided for in this chapter, a supplier that has amended, modified, cancelled, terminated, or refused to renew any agreement; or has caused a wholesaler to resign from any agreement; or has interfered with, prevented, or unreasonably delayed, […]
