Title 35 — ALCOHOLIC BEVERAGES

The Legislature declares that: (1) Regulation of business relations between beer distributors and manufacturers is necessary and appropriate and in the public interest; and (2) This chapter is enacted pursuant to authority of the state under the provisions of the Twenty-First Ame…

A wholesaler may, at death, transfer the wholesaler's business to a designated member. The consent or approval of the supplier is not required for any transfer of the wholesaler's business at death, including the assignment of wholesaler's rights under the agreement, to a designa…

A successor to a supplier or wholesaler is 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. Source: SL 1990, ch 300 , § 11.

Any waiver of the rights or remedies granted by this chapter is void. However, nothing in this chapter limits or prohibits suppliers and wholesalers from entering into mutually binding written agreements as defined in this chapter or to limit or prohibit good faith dispute settle…

No supplier may require a wholesaler to assent to any amendment to a distribution agreement which is either unreasonable or not made in good faith. Source: SL 1990, ch 300 , § 13.

Each supplier of malt beverages licensed by the state authorizing any licensee to sell its malt beverages shall sell its malt beverages through wholesale licensees of the state to retail licensees authorized under state statute, shall designate exclusive sales territories for eve…

The provisions of this chapter shall cover agreements in existence on July 1, 1990, as well as agreements entered into after July 1, 1990. Any written agreement continuous in nature or which has no specific duration or renewal provision which is in existence on July 1, 1990, shal…

For purposes of this chapter, the term, brand, means any word, name, group of letters, symbol, or combination thereof, that is adopted and used by a brewer or importer to identify a specific beer product, and to distinguish that beer product from another beer product. Source: SL …

For purposes of this chapter, the term, brand extension, means any brand that incorporates all or a substantial part of the unique features of a preexisting brand of the same brewer or importer and that relies to a significant extent on the goodwill associated with that preexisti…

Any brewer or importer, who assigns a brand extension to a wholesaler, shall assign the brand extension to the wholesaler to whom the brewer or importer granted the exclusive sales territory for the brand from which the brand extension resulted. This requirement does not apply to…

If prior to July 1, 1999, a brewer or importer assigned a brand extension to a wholesaler who was not the appointed wholesaler for the brand from which the brand extension was made, then any additional brand extension shall be assigned to the wholesaler who first had the brand. S…

Terms used in this chapter mean: (1) "Agreement," any commercial relationship between a wholesaler and a supplier of a definite duration or indefinite duration, whether written or oral, whereby the wholesaler is granted by the supplier the right to offer and sell the supplier's b…

The 1999 amendments to §§ 35-8A-9 and 35-8A-12 and §§ 35-8A-16 to 35-8A-19 , inclusive, apply to any agreement in existence as of July 1, 1999, as well as any agreement entered into after July 1, 1999. Any written agreement in existence on July 1, 1999, which is continuous in nat…

Any supplier and any wholesaler may contract with one another to establish the terms and conditions of their distribution arrangement. If any supplier and any wholesaler have entered into a mutually binding written agreement, the provisions of this chapter do not apply and the re…

No supplier may: (1) Induce or coerce, or attempt to induce or coerce, a wholesaler to do any illegal act by threatening to amend, cancel, terminate, or refuse to renew any agreement existing between the supplier and wholesaler, or by any other means; (2) Require a wholesaler by …

Except as provided in § 35-8A-6 , no supplier may terminate an agreement, cancel an agreement, fail to renew an agreement upon expiration of its terms, refuse to continue under an agreement, or require a material modification of a wholesaler's territory unless good cause exists. …

Upon providing the wholesaler notice by certified mail, a supplier may immediately terminate an agreement, cancel an agreement, fail to renew an agreement upon expiration of its term, or refuse to continue under an agreement if any of the following has occurred: (1) The state or …

Any brewer who amends, cancels, terminates, or refuses to continue or renew any beer agreement, or causes a wholesaler to resign, unless for good cause shown as defined in § 35-8A-5 , from an agreement or unreasonably withholds consent to any assignment, transfer, or sale of a wh…

If the brewery assumes ownership of the wholesaler's business upon payment of full value to the wholesaler or upon repossession under a loan from the brewer to the wholesaler, the brewery may operate the wholesalership for only a reasonable period of time thereafter, not to excee…

Any party to a distribution agreement aggrieved by a violation of any provision of this chapter may seek injunctive relief enjoining the violation and recovery of damages caused by the violation. The prevailing party to any action charging a violation of this chapter is entitled …