§1451. Definitions As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1987, c. 45, Pt. A, §4 (NEW).] 1. Agreement. “Agreement” means a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration, between a certificate of approval holder and a […]
§1452. No inducement or coercion 1. Certificate of approval holder. No certificate of approval holder may: A. Induce or coerce, or attempt to induce or coerce, any wholesale licensee to accept delivery of any liquor or any other commodity which has not been ordered by the wholesale licensee; [PL 1987, c. 45, Pt. […]
§1453. Dual distributorship prohibited 1. Dual distributorship prohibited. A certificate of approval holder that designates a sales territory for which a wholesale licensee is primarily responsible may not enter into any agreement with any other wholesale licensee for the purpose of establishing an additional agreement for its brand or label in the same territory. […]
§1454. Cancellation 1. Good cause. Notwithstanding the terms, provisions or conditions of any agreement, no certificate of approval holder may amend, cancel, terminate or refuse to continue or renew any agreement, or cause a wholesale licensee to resign from an agreement, unless good cause can be established or proven for amendment, termination, cancellation, nonrenewal, noncontinuation […]
§1455. Notice of intent to terminate 1. Written notices. Before any termination procedure initiated by the certificate of approval holder, the certificate of approval holder shall give the wholesale licensee a written notice of any claimed deficiency existing in the wholesale licensee’s territory and the certificate of approval holder shall give the wholesale licensee reasonable […]
§1456. Assignment, transfer or sale of business No certificate of approval holder may unreasonably withhold consent to any assignment, transfer or sale of the wholesale licensee’s business whenever the wholesale licensee to be substituted meets the material and reasonable qualifications and standards required of its wholesale licensees. [PL 1987, c. 45, Pt. A, §4 […]
§1457. Compensation 1. Reasonable compensation. [PL 2019, c. 529, §9 (RP).] 1-A. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. “Affected brand or brands” means the brand or brands of a certificate of approval holder that will no longer be distributed by a […]
§1458. Judicial remedies 1. Suit against certificate of approval holder. If a certificate of approval holder engages in conduct prohibited under this chapter, a wholesale licensee may maintain a suit against the certificate of approval holder. [PL 1987, c. 45, Pt. A, §4 (NEW).] 2. Equitable relief. The court may grant equitable relief necessary […]
§1459. Price of product No certificate of approval holder, whether by means of a term or condition of an agreement or otherwise, may fix or maintain the price at which the wholesale licensee sells any product. [PL 1987, c. 45, Pt. A, §4 (NEW).] SECTION HISTORY PL 1987, c. 45, §A4 (NEW).
§1460. Retaliatory action prohibited 1. Retaliatory action prohibited. A certificate of approval holder may not take retaliatory action against a wholesale licensee who files or indicates an intention to file a complaint of alleged violation of state or federal law or regulation by the certificate of approval holder with the appropriate state or federal regulatory […]
§1461. Management and personnel of wholesale licensee No certificate of approval holder may require or prohibit any change in management or personnel of any wholesale licensee unless the current or potential management or personnel fails to meet reasonable qualifications and standards required by the certificate of approval holder. [PL 1987, c. 45, Pt. A, […]
§1462. No waiver; good faith settlements No certificate of approval holder may require any wholesale licensee to waive compliance with any provisions of this chapter. Nothing in this chapter limits or prohibits good faith settlements of disputes voluntarily entered into between the parties. [PL 1987, c. 45, Pt. A, §4 (NEW).] SECTION HISTORY PL […]
§1463. Sale of certificate of approval holder 1. Purchaser obligated. The purchaser of a certificate of approval holder is obligated to all of the terms and conditions of the agreement in effect on the date of purchase. [PL 1987, c. 45, Pt. A, §4 (NEW).] 2. Purchase defined. “Purchase,” as defined for the purposes […]
§1464. Coverage The provisions of this chapter apply to agreements between certificate of approval holders and wholesale licensees in existence on September 16, 1979, and those entered into after that date. [PL 1987, c. 45, Pt. A, §4 (NEW).] SECTION HISTORY PL 1987, c. 45, §A4 (NEW).
§1465. Right of free association No certificate of approval holder or wholesale licensee may restrict or inhibit, directly or indirectly, the right of free association of certificate of approval holders or wholesale licensees for any lawful purpose. [PL 1987, c. 45, Pt. A, §4 (NEW).] SECTION HISTORY PL 1987, c. 45, §A4 (NEW).
