6 chapters · 747 sections in this title.
ORS 474.005 Definitions
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As used in ORS 474.005 to 474.095, unless the context requires otherwise: (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…
ORS 474.007 Wholesale distribution agreements to be in writing
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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]
ORS 474.011 Good cause required for termination, cancellation or failure to renew agreement
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(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 r…
ORS 474.015 Grounds for termination, cancellation, failure to renew or refusal to continue agreement
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(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of its term or refuse to continue under the agreement if: (a) The state or federal license of the wholesaler has been revoked or suspended for a period of more than 31 days…
ORS 474.025 Successor bound by agreement
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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 continue…
ORS 474.035 Transfer by wholesaler; when conditions may be imposed by supplier
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(1) A wholesaler may transfer, bequeath or devise the wholesalers business or share in any wholesale business to the deceased wholesalers spouse, parent, siblings or issue to succeed the decedent in ownership of the business. (2) A supplier may provide in writing for prior appr…
ORS 474.045 Supplier prohibited from interfering with transfer by wholesaler
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No supplier shall interfere with, prevent or unreasonably delay the transfer of the wholesalers 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 qualificat…
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
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(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 co…
ORS 474.065 Limit on authority of supplier to prohibit change in manager of wholesaler
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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. [198…
ORS 474.075 Suppliers duty to show it acted reasonably
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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…
ORS 474.085 Remedies of party aggrieved by violation of ORS 474.005 to 474.095
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(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: (a) Injunctive relief enjoining the violation; and (b) Recovery for damages caused by the violation. (2) Except as provided in subsection …
ORS 474.095 Prohibited conduct of supplier
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No supplier shall: (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 whole…
ORS 474.105 Legislative finding on ORS 474.115
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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,…
ORS 474.115 Wholesale sale of malt beverage subject to agreement designating territory of sale
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(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 te…