§ 3-13-1. Definitions. As used in this chapter: (1) “Agreement” means any contract, agreement, or arrangement, whether expressed or implied, whether oral or written, for a definite or indefinite period between a supplier and a wholesaler pursuant to which a wholesaler has the right to purchase, resell, and distribute any or all brands of malt […]
§ 3-13-10. Right of free association. No supplier or wholesaler shall restrict or inhibit, directly or indirectly, the right of free association among suppliers or wholesalers for any lawful purpose. History of Section.P.L. 1982, ch. 415, § 1.
§ 3-13-11. Civil actions. (a) If a supplier or wholesaler who is a party to an agreement pursuant to § 3-13-5(6) fails to comply with this chapter or otherwise engages in conduct prohibited under this chapter, the affected party may maintain a civil action in the superior court in the county in which the wholesaler’s […]
§ 3-13-12. Severability. If any provision of this chapter is held unconstitutional, that decision shall not affect the validity of the remainder of the chapter. History of Section.P.L. 1982, ch. 415, § 1.
§ 3-13-2. Purposes — Construction — Variation by contract prohibited. (a) This chapter shall be liberally construed and applied to promote its remedial purposes and policies. (b) The purposes and policies of this chapter are: (1) To regulate agreements between suppliers and their wholesalers to benefit the economy and enhance competition in this state and […]
§ 3-13-3. Prior notification of cancellation. (a) Except as provided in subsection (c), no supplier or wholesaler may cancel, fail to renew, or otherwise terminate an agreement unless the supplier or wholesaler furnishes prior notification in accordance with subsection (b) to the affected party. (b) The notification required under subsection (a) shall be in writing […]
§ 3-13-4. Cancellation of agreements — Good cause required. No supplier or wholesaler may cancel, fail to renew, or otherwise terminate an agreement unless the party intending that action has good cause for that action and, in any case in which prior notification is required under § 3-13-3, the party intending to act has furnished […]
§ 3-13-5. Prohibited conduct. No supplier shall: (1) Induce or coerce, or attempt to induce or coerce, any wholesaler to accept delivery of any malt beverage or any other item or commodity which has not been ordered by the wholesaler. Provided, that recommendation, endorsement, exposition, persuasion, or argument is not deemed to constitute inducements, coercion, […]
§ 3-13-6. Transfer of business assets of stock. (a) No supplier shall, by the terms of an agreement or otherwise, unreasonably withhold or delay approval of any assignment, sale, or transfer of the stock of a wholesaler or all or any portion of a wholesaler’s assets, wholesaler’s voting stock, the voting stock of any parent […]
§ 3-13-7. Damages for improper cancellation, termination, or failure to renew — Arbitration. (a) Any supplier which without good cause cancels, terminates or fails to renew any agreement, or unlawfully causes a wholesaler to resign from an agreement or unreasonably denies or withholds consent to any assignment, transfer or sale of business assets or capital […]
§ 3-13-8. Sale of supplier. Except for discontinuance of all sales of a brand or brands in this state or for good cause, any person who purchases a supplier becomes obligated to all of the terms of any agreement in effect on the date of purchase. The acquiring supplier is not obligated to supply its […]
§ 3-13-9. Sales territories exclusive. No supplier who, pursuant to an agreement with a wholesaler, has designated a sales territory for which a wholesaler is primarily responsible or in which a wholesaler is required to concentrate its efforts shall enter into an agreement with any other wholesaler for the purpose of establishing an additional wholesaler […]
