Chapter 474 — Chapter 474
39 sections in this chapter.
ORS 474.005 Definitions. As used in ORS 474.005 to 474.095, unless the context requires otherwise
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(1) “Importer” means any wholesale distributor importing malt beverages into this state for sale to retailer accounts or for sale to other wholesalers designated as subjobbers for resale. (2) “Malt beverage manufacturer” means any manufacturer, brewer, importer or master distribu…
ORS 474.007 Wholesale distribution agreements to be in writing. All wholesale distribution agreements between a supplier and a wholesaler shall be in writing, signed by the parties or their authorized agents. [1989 c.529 §2]
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[Repealed or reserved.]
ORS 474.010 [Amended by 1953 c.342 §3; 1963 c.137 §1; 1974 c.67 §4; repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 474.011 Good cause required for termination, cancellation or failure to renew agreement. (1) No supplier shall terminate, cancel or fail to renew a distribution agreement upon expiration of its term or refuse to continue under the agreement without good cause. Good cause exists when a wholesaler fails to comply with a provision of the written agreement that is both reasonable and of material significance to the business relationship between the supplier and the wholesaler and all of the following occur
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(a) The supplier gave written notice to the wholesaler of the failure to comply within two years of acquiring knowledge of the breach; (b) The written notice alerted the wholesaler of the failure to comply with the agreement, the intent to terminate and the reasons therefor, and …
ORS 474.014 [1961 c.572 §2; repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 474.015 Grounds for termination, cancellation, failure to renew or refusal to continue agreement. (1) A supplier may terminate or cancel an agreement immediately, fail to renew an agreement upon expiration of its term or refuse to continue under the agreement if
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(a) The state or federal license of the wholesaler has been revoked or suspended for a period of more than 31 days; (b) The wholesaler is insolvent within the definition of section 101, title 11, United States Code, or there has been a liquidation, dissolution or assignment for t…
ORS 474.016 [1961 c.572 §3; repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 474.020 [Amended by 1957 c.587 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 474.025 Successor bound by agreement. A successor to a supplier or wholesaler, whether by way of merger, purchase of corporate shares, purchase of assets or otherwise, shall be bound by each distribution agreement the predecessor was a party to at the time of transfer with respect to each brand the successor continues to make available for sale in this state. [1989 c.529 §5]
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[Repealed or reserved.]
ORS 474.030 [Repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 474.035 Transfer by wholesaler; when conditions may be imposed by supplier. (1) A wholesaler may transfer, bequeath or devise the wholesaler’s business or share in any wholesale business to the deceased wholesaler’s spouse, parent, siblings or issue to succeed the decedent in ownership of the business
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(2) A supplier may provide in writing for prior approval of any other individual designed or designated to succeed a wholesaler in ownership of the business. Conditions of approval by the supplier shall be reasonable with respect to both the supplier’s and the wholesaler’s intere…
ORS 474.040 [Repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 474.045 Supplier prohibited from interfering with transfer by wholesaler. No supplier shall interfere with, prevent or unreasonably delay the transfer of the wholesaler’s business or any interest therein if the wholesaler has provided the supplier with written notice of the intent to transfer and the transferee meets reasonable standards and qualifications required by the supplier which are nondiscriminatory and are applied uniformly to all wholesalers similarly situated. [1989 c.529 §7]
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[Repealed or reserved.]
ORS 474.050 [Amended by 1957 c.587 §2; repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 474.055 Supplier prohibited from requiring wholesaler to assent to certain changes in agreement; provisions in violation of ORS 474.005 to 474.095 void. (1) No supplier shall require a wholesaler to assent to any condition or amendment to a wholesale distribution agreement that impairs any right guaranteed under ORS 474.005 to 474.095, or that was not made in good faith or that is unreasonable. Nothing in this section shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by the parties
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(2) Any terms or conditions of any wholesale distribution agreement contrary to the provisions of ORS 474.005 to 474.095 are void. [1989 c.529 §8]
ORS 474.060 [Amended by 1955 c.60 §1; repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 474.065 Limit on authority of supplier to prohibit change in manager of wholesaler. No supplier shall prohibit any change in the manager or successor manager of a wholesaler unless the manager or successor manager fails to meet reasonable standards for such position which are nondiscriminatory and are applied uniformly to all wholesalers similarly situated. [1989 c.529 §9]
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[Repealed or reserved.]
ORS 474.070 [Repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 474.075 Supplier’s duty to show it acted reasonably. For each dispute arising out of an allegation of bad faith termination or for termination for other than good cause, the supplier shall have the burden of proving that it acted reasonably and in good faith, that good cause existed for any termination, cancellation, discontinuance or nonrenewal and that the supplier complied with the applicable requirements of the law. [1989 c.529 §10]
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[Repealed or reserved.]
ORS 474.080 [Amended by 1957 c.587 §3; 1967 c.117 §1; 1971 c.477 §1; repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 474.085 Remedies of party aggrieved by violation of ORS 474.005 to 474.095. (1) Any party to a wholesale distribution agreement aggrieved by a violation of any provision of ORS 474.005 to 474.095 shall be entitled to
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(a) Injunctive relief enjoining the violation; and (b) Recovery for damages caused by the violation. (2) Except as provided in subsection (3) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section. (3) The court may n…
ORS 474.090 [Repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 474.095 Prohibited conduct of supplier. No supplier shall
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(1) Coerce or induce, or attempt to coerce or induce, any distributor to engage in any illegal act or course of conduct; (2) Require a wholesaler to assent to any unreasonable requirement, condition, understanding or term of an agreement which prohibits a wholesaler from selling …
ORS 474.100 [Amended by 1971 c.743 §375; repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 474.105 Legislative finding on ORS 474.115. The Legislative Assembly finds that in addition to the purposes specified in ORS 471.030, ORS 474.115 is necessary to maintain and to promote the continued availability of good quality malt beverages for the consumers of Oregon, to promote the orderly marketing of malt beverages, to promote vigorous interbrand malt beverage competition, to encourage competition by the entry of new competitors, to implement the required record-keeping provisions and to facilitate collection of the revenue. [Formerly 471.502]
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Note: 474.105 and 474.115 were added to and made a part of ORS chapter 471 by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 474.110 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 474.115 Wholesale sale of malt beverage subject to agreement designating territory of sale. (1) It shall be unlawful for any wholesaler to sell any brand of malt beverage in this state except in the territory described in an agreement with the manufacturer or importer authorizing sale by the wholesaler of the brand within a designated territory. Within the designated territory the wholesaler must service as provided in subsection (2) of this section all of the customers without discrimination. The territorial agreement must be in writing and must specify the brand or brands it covers. Where a manufacturer or importer sells several brands, the agreement need not apply to all brands sold by the manufacturer or importer and may apply only to one brand. No manufacturer or importer shall provide by the written agreement for the distribution of a brand to more than one distributor for all or any part of the designated territory. All such agreements shall be filed with the Oregon Liquor and Cannabis Commission
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(2) Every malt beverage wholesaler licensed shall service for the purpose of quality control all of the malt beverages it sells to its customers. Each wholesaler shall provide quality control services and comply with quality control standards as are specified in writing from time…
ORS 474.120 [Repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 474.130 [Amended by 1957 c.587 §4; 1971 c.743 §376; repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 474.140 [Repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 474.150 [Repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 474.160 [Repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 474.170 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 474.180 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 474.190 [Repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 474.200 [Repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 474.210 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 474.220 [Repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 474.990 [Amended by 1955 c.330 §1; 1957 c.587 §5; 1961 c.648 §11; 1969 c.310 §1; 1971 c.743 §377; repealed by 1977 c.745 §54]
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