32B-14-303. Prohibited conduct of wholesaler.
(1) A wholesaler may not: induce or coerce, or attempt to induce or coerce, a retailer to engage in an illegal act or course of conduct; impose a requirement that is discriminatory by its terms or in the methods of enforcement as compared to requirements imposed by the wholesaler on similarly situated retailers; prohibit a retailer from selling a product of another wholesaler; fix or maintain the price at which a retailer may resell beer; require a retailer to accept delivery of beer or any other item that is not voluntarily ordered by the retailer; restrict or inhibit, directly or indirectly, the right of a retailer to participate in an organization representing interests of retailers for a lawful purpose; require a retailer to participate in or contribute to a local, regional, or national advertising fund or other promotional activity; retaliate against a retailer that files a complaint with the department or the applicable federal agency regarding an alleged violation by the wholesaler of a state or federal statute or administrative rule; and refuse to deliver a beer product carried by the wholesaler to a properly licensed retailer who resides within the wholesaler's sales territory: in a reasonable quantity; and within a reasonable time after receipt of the retailer's order.
(2) Notwithstanding Subsection, the wholesaler may refuse to deliver a beer product if the refusal is due to: (1)(i) the retailer's failure to pay the wholesaler pursuant to Subsection; 32B-4-704(6) an unforeseeable event beyond the wholesaler's control; a work stoppage or delay due to a strike or labor problem; a bona fide shortage of materials; or a freight embargo.