Title 5 — Alcoholic Beverages
4 chapters · 79 sections in this title.
N.D.C.C. § 5-03-01.1 Conviction not bar to licensure - Exceptions
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Conviction of an offense shall not disqualify a person from licensure under this chapter unless the state tax commissioner determines that the offense has a direct bearing upon a person's ability to serve the public as a beer or liquor wholesaler, or that, following conviction of…
N.D.C.C. § 5-03-01.2 Brand registration - Penalty
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Repealed by S.L. 2005, ch. 73, § 5.
N.D.C.C. § 5-03-02 Fees
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The fee for an annual wholesale liquor license is one thousand dollars. The fee for an annual wholesale beer license is two hundred dollars. Fees must be reduced twenty-five percent for each full quarter of a year elapsed between the first day of the year for which the license is…
N.D.C.C. § 5-03-03 Bond required
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Repealed by S.L. 1995, ch. 74, § 5.
N.D.C.C. § 5-03-04 Collection of taxes
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The taxes imposed by this chapter are payable as follows: 1. Except as provided in subsection 3, wholesalers shall pay the tax to the state tax commissioner on or before the fifteenth day of each month. 2. Liquor wholesalers shall make the payments based on the total gallonage so…
N.D.C.C. § 5-03-05 Tax commissioner to adopt rules - Appeal
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The tax commissioner, under chapter 28-32, shall adopt rules governing retailers, licensees, direct shippers, and manufacturers necessary to carry out the provisions of this title and to ensure efficient collection of beer and liquor taxes. All decisions of the tax commissioner a…
N.D.C.C. § 5-03-06 Examination by tax commissioner - Penalty for improper returns
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The state tax commissioner may at any reasonable time make an examination of the books and premises of any retailer, wholesaler, manufacturer, domestic winery, domestic distillery, microbrew pub, direct shipper, licensed alcohol carrier, licensed logistics shipper, or other perso…
N.D.C.C. § 5-03-06.1 Hearing on alleged violations - Denial of license
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On licenses that are renewable annually, the state tax commissioner may not revoke or suspend a license or deny a renewal prior to conducting a hearing in accordance with chapter 28-32.
N.D.C.C. § 5-03-07 Imposition of tax - Rate
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A tax is hereby imposed upon all alcoholic beverage wholesalers, domestic wineries, domestic distilleries, microbrew pubs, brewer taproom licensees, and direct shippers for the privilege of doing business in this state. The amount of this tax shall be determined by the gallonage …
N.D.C.C. § 5-03-08 Taxes and fees deposited in the general fund
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All moneys collected by the tax commissioner under this chapter must be transferred to the state treasurer, within ten days after the end of the month in which they were collected, and deposited in the state general fund.
N.D.C.C. § 5-03-09 Supplier license required - Filing requirements - Penalty
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1. Before a supplier may engage in the sale or shipment of alcoholic beverages to a licensed North Dakota wholesaler, that supplier must first procure a supplier license from the state tax commissioner. 2. For any month in which a licensed supplier has made sales to a North Dakot…
N.D.C.C. § 5-04-01 Definitions
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As used in this chapter, unless the context otherwise requires: 1. "Agreement" means one or more of the following: a. A commercial relationship between a licensed beer wholesaler and a licensed brewer of a definite or indefinite duration which is not required to be evidenced in w…
N.D.C.C. § 5-04-02 Inducement or coercion prohibited
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A brewer may not: 1. Induce or coerce, or attempt to induce or coerce, a beer wholesaler to accept delivery of an alcoholic beverage or other commodity which has not been ordered by the beer wholesaler. 2. Induce or coerce, or attempt to induce or coerce, a beer wholesaler to ent…
N.D.C.C. § 5-04-03 Dual distributorship prohibited
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No brewer who designates a sales territory for which a wholesaler shall be primarily responsible shall enter into an additional agreement with any other beer wholesaler for its brand or brands of beer in the same territory. No wholesaler may deliver beer to a retail account outsi…
N.D.C.C. § 5-04-04 Agreement cancellation
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Notwithstanding the terms, provisions, or conditions of any agreement, no brewer may amend, cancel, terminate, or refuse to renew any agreement, or cause a wholesaler to resign from an agreement, unless good cause exists for amendment, termination, cancellation, nonrenewal, nonco…
N.D.C.C. § 5-04-05 Notice of intent to terminate
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Except as otherwise provided in this section, a brewer shall provide a wholesaler with at least ninety days prior written notice of any intent to amend, terminate, cancel, or not renew any agreement. The notice must state all the reasons for the intended amendment, termination, c…
N.D.C.C. § 5-04-06 Assignment, transfer, or sale of business
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No brewer may unreasonably withhold consent to any assignment, transfer, or sale of the wholesaler's business whenever the wholesaler to be substituted meets the material and reasonable qualifications and standards required of the brewer's wholesalers. No brewer may unreasonably …
N.D.C.C. § 5-04-07 Reasonable compensation for wrongful cancellation
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1. Any brewer which amends, cancels, terminates, or refuses to renew any beer agreement, or causes a wholesaler to resign from an agreement, unless for "good cause" as defined by section 5-04-04, or which unreasonably withholds consent to any assignment, transfer, or sale of a wh…
N.D.C.C. § 5-04-08 Judicial remedies
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If a brewer engages in conduct prohibited under this chapter, a wholesaler, with whom the brewer has an agreement pursuant to this chapter, may maintain a suit against the brewer. The venue of any legal action taken under this section, or pursuant to a dispute arising out of an a…
N.D.C.C. § 5-04-09 Product price
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No brewer, whether by means of a term or condition of an agreement or otherwise, may fix or maintain the price at which the wholesaler sells any alcoholic beverage.
N.D.C.C. § 5-04-10 Retaliatory action prohibited
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A brewer may not take retaliatory action against a wholesaler who files or manifests an intention to file a complaint of alleged violation of state or federal law or regulation by the brewer with the appropriate state or federal regulatory authority. "Retaliatory action" includes…
N.D.C.C. § 5-04-11 Wholesaler management
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No brewer may require or prohibit any change in management or personnel of any wholesaler unless the current or potential management or personnel fails to meet essential, reasonable, and nondiscriminatory requirements.
N.D.C.C. § 5-04-12 Discrimination prohibited
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No brewer may discriminate among its North Dakota wholesalers in the price of beer sold to the North Dakota wholesalers or in price promotions. No wholesaler may refuse to sell to any licensed alcoholic beverage retailer in its sales territory. No wholesaler may discriminate amon…
N.D.C.C. § 5-04-13 Waiver prohibited
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No brewer may require any wholesaler to waive compliance with any provision of this chapter. Nothing in this chapter may be construed to limit or prohibit good-faith dispute settlements voluntarily entered into by the parties. However, no provision of any written agreement may re…
N.D.C.C. § 5-04-14 Sale of brewer
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Except for good cause, as defined by section 5-04-04, the purchase of a brewer as defined in section 5-04-01 shall obligate the purchaser to all terms and conditions of the agreement in effect on the date of purchase. "Purchase", for the purposes of this chapter, includes the sal…
N.D.C.C. § 5-04-15 Application to agreements
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The provisions of this chapter cover agreements in existence on July 1, 1981, as well as agreements entered into after July 1, 1981.
N.D.C.C. § 5-04-16 Right of free association
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No brewer or wholesaler may restrict or inhibit, directly or indirectly, the right of free association among brewers or wholesalers for any lawful purpose.
N.D.C.C. § 5-04-17 Chapter to apply when in conflict with title 51
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The provisions of this chapter apply in any instances when the provisions of this chapter conflict with the unfair practice provisions of title 51.
N.D.C.C. § 5-04-18 Same brands - Assignment of brand extensions
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Different categories of products manufactured and marketed under a common identifying trade name are the same brand. For example, "old faithful" includes "old faithful", "old faithful light", "old faithful draft", "old faithful dry", and other products identified principally by t…