Title 12 — Title 12 — Alcoholic Beverages
10 chapters · 117 sections in this title.
W.S. § 12-9-101 Legislative findings and intent
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Legislative findings and intent. (a) Regulation of business relations between malt beverage distributors and manufacturers serves a significant and legitimate public purpose. (b) This act is intended to control and stabilize the distribution of malt beverages in the state and com…
W.S. § 12-9-102 (a) Definitions
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(a) Definitions. As used in this act: (i) "Brand" means any word, name, group of letters, symbol, trademark or combination thereof but not including the name of the supplier adopted and used by a supplier on a label to identify a specific beer or malt beverage and to distinguish …
W.S. § 12-9-103 Application of act
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Application of act. Any person who engages directly or indirectly in purposeful agreements or contracts in connection with the purchase of malt beverages from manufacturers or the sale of malt beverages to malt beverage distributors within this state shall be subject to the provi…
W.S. § 12-9-104 Unfair and prohibited acts
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Unfair and prohibited acts. (a) It shall be a violation of this act for a manufacturer or manufacturer's officer, agent or other representative thereof: (i) To coerce or compel, or attempt to coerce or compel, any malt beverage distributor to order or accept delivery of any malt …
W.S. § 12-9-105 Distributor's resignation; cancellation; termination; failure to renew; refusal to continue
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Distributor's resignation; cancellation; termination; failure to renew; refusal to continue. (a) Notwithstanding any agreement and except as provided in W.S. 12-9-120 or as otherwise provided in this act, a manufacturer shall not cause a distributor to resign from an agreement, o…
W.S. § 12-9-106 cure
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cure. Good cause for terminating agreement; rights to (a) Notwithstanding any agreement, good cause shall exist for the purposes of a termination, cancellation, nonrenewal or discontinuance under W.S. 12-9-105(a)(iii) when all of the following occur: (i) There is a failure by the…
W.S. § 12-9-107 Burden of proof
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Burden of proof. For each termination, cancellation, nonrenewal or discontinuance, the manufacturer shall have the burden of showing that it has acted in good faith, that the notice requirements and rights to cure under this act have been complied with and that there was good cau…
W.S. § 12-9-108 Notice for terminating an agreement
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Notice for terminating an agreement. (a) Notwithstanding any agreement and except as otherwise provided in this act, the manufacturer shall furnish written notice of the termination, cancellation, nonrenewal or discontinuance of an agreement to the distributor not less than thirt…
W.S. § 12-9-109 Conditions and notice required
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Conditions and notice required. (a) Notwithstanding W.S. 12-9-105 and 12-9-106, a manufacturer may immediately terminate, cancel, fail to renew, or discontinue an agreement if any of the following occur: (i) Insolvency of the distributor, the filing of any petition by or against …
W.S. § 12-9-110 Discontinuance of production or distribution
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Discontinuance of production or distribution. Notwithstanding W.S. 12-9-105, 12-9-108 and 12-9-109, a manufacturer may terminate, cancel, not renew or discontinue an agreement upon not less than thirty (30) days prior written notice if the supplier discontinues production or disc…
W.S. § 12-9-111 Effort required by distributor
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Effort required by distributor. The distributor shall devote such efforts and resources to sales and distribution of all the manufacturer's products which the distributor has been granted the right to sell and distribute as reasonably required by the agreement between the manufac…
W.S. § 12-9-112 Waiver prohibited
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Waiver prohibited. A distributor shall not waive any of the rights granted in any provision of this act. Nothing in this act shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by the parties.
W.S. § 12-9-113 Agreement subject to act
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Agreement subject to act. The provisions of this act shall apply to all agreements between a manufacturer and distributor entered into on or after the effective date of this act.
W.S. § 12-9-114 Agreements binding on successor
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Agreements binding on successor. A successor to a manufacturer that continues in business as a manufacturer shall be bound by all terms and conditions of each agreement of the manufacturer in effect on the date of succession.
W.S. § 12-9-115 Reasonable compensation
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Reasonable compensation. (a) In the event that a distributor is terminated by a manufacturer in bad faith or for other than good cause, the distributor shall be entitled to additional compensation from the manufacturer for: (i) The fair market value of any and all assets, includi…
W.S. § 12-9-116 Remedies
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Remedies. (a) During the thirty (30) day period provided in W.S. 12-9-108, either party, in appropriate circumstances, may bring an action in the appropriate court of this state pending a final determination of the proceedings on the merits. (b) In any action brought under this a…
W.S. § 12-9-117 Contracts and the validity thereof
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Contracts and the validity thereof. No manufacturer shall effect any sale to a distributor in Wyoming except pursuant to a written contract between the manufacturer and the distributor.
W.S. § 12-9-118 Repurchase of inventory upon termination
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Repurchase of inventory upon termination. (a) Except as otherwise provided in W.S. 12-9-120, whenever any malt beverage distributor enters into a franchise agreement with a manufacturer in which the distributor agrees to maintain an inventory of malt beverages and the franchise i…
W.S. § 12-9-119 Indemnification
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Indemnification. A manufacturer shall fully indemnify and hold harmless its distributor against any losses, including, but not limited to, court costs and reasonable attorney's fees or damages arising out of complaints, claims or lawsuits, including, but not limited to, strict li…
W.S. § 12-9-120 Terminating a franchise agreement without cause; compensation; arbitration; applicability
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Terminating a franchise agreement without cause; compensation; arbitration; applicability. (a) This section shall only apply to a franchise in which the franchisor annually produces twenty-five thousand (25,000) barrels of malt beverages in aggregate or less, including the produc…