SB 0385 | Provides Procedures and Obligations in Agreements Between Beer Brewers and Wholesalers |
Sponsor: | Schneider | |||
LR Number: | S1452.01I | Fiscal Note: | 1452-01 | |
Committee: | Judiciary | |||
Last Action: | 03/27/97 - Voted Do Not Pass S Judiciary Committee | Journal page: | ||
Title: | ||||
Effective Date: | August 28, 1997 | |||
SB 385 - This act adds new sections to Chapter 311, Liquor
Control Law, including definitions. Brewers shall be prohibited
from terminating or refusing to renew any agreement with a
wholesaler for the purchase and distribution of beer unless the
brewer provides written notice pursuant to certain procedures,
acts in good faith and with good cause. The act provides several
exemptions to the written notice provision. Brewers are
prohibited from requiring certain contractual provisions, and are
required to assign brand extensions to the same wholesaler that
has the exclusive sales territory for underlying brand. Brewers
shall be limited in their ability to control stock or ownership
of wholesalers. The act contains penalties for wrongful
termination of an agreement with wholesalers, and provides for a
process to resolve disputes. Brewers shall not control the price
at which wholesalers sell alcoholic beverages, and may not
require changes in personnel of any wholesaler. The purchaser of
a brewery is obligated to honor the terms of the predecessor
brewer's pending agreements. Brewers or wholesalers shall not
inhibit the right of free association.
JAMES KLAHR