Code of Alabama

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28-8-5
Section 28-8-5 Wholesaler service and quality control. The wholesaler licensee designated as
the exclusive wholesaler for a brand or brands within a designated territory must service
retail licensees within that territory without discrimination, and shall service for the purpose
of quality control all of the alcoholic beverages sold by that wholesaler to retailers within
such territory. Each such wholesaler shall provide such additional quality control services
and comply with such additional quality control standards as are specified in writing from
time to time by the owner of the trademark of the brand or brands of alcoholic beverages,
provided those activities or standards are reasonable and are reasonably related to the maintenance
of quality control, and provided that the wholesaler has received written notice thereof.
(Acts 1984, No. 84-374, p. 876, ยง5.)...
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28-3-190
Section 28-3-190 Levy of tax; collection; disposition of proceeds by localities; enforcement
and administration; penalties; exclusive nature of tax. (a) Levy. In addition to the excise
tax levied by Article 5A of Chapter 3 of this title and the licenses provided for by Chapter
3A of this title and by Section 28-3-194, and any acts amendatory thereof, supplementary thereto
or substituted therefor, and municipal and county licenses, there is hereby levied a privilege
or excise tax on every person licensed under the provisions of Chapter 3A who sells, stores,
or receives for the purpose of distribution, to any person, firm, corporation, club, or association
within the State of Alabama any beer. The tax levied hereby shall be measured by and graduated
in accordance with the volume of sales by such person of beer, and shall be an amount equal
to one and six hundred twenty-five thousands cents (1.625 cents) for each four fluid ounces
or fractional part thereof. (b) Collection. The tax levied...
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28-8-8
Section 28-8-8 Unlawful acts and offenses; penalties. (a) Unlawful acts and offenses. It shall
be unlawful: (1) For any manufacturer or importer licensed by the board to sell its brand
or brands of alcoholic beverages in the State of Alabama to any person, except through the
board in the case of spirituous liquor and wine, other than to a licensed wholesaler designated
as the exclusive wholesaler for said brand or brands. (2) For any wholesaler to sell to a
retail licensee any brand of alcoholic beverages in the State of Alabama, except in the sales
territory designated by the manufacturer or importer licensee and set forth in a written territorial
agreement authorizing the sale by such wholesaler licensee of that brand within a designated
territory; provided, however, a licensed wholesaler may, with the approval of the board, service
a territory outside the territory designated to it during periods of temporary service interruptions
when so requested by the manufacturer or importer...
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28-8-2
Section 28-8-2 Designation of exclusive sales territory and exclusive wholesaler. Each manufacturer
or importer of alcholic beverages licensed by the board authorizing such licensee to sell
its alcoholic beverages within the State of Alabama, whose alcoholic beverages are sold through
wholesale licensees of the board to retail licensees of the board, shall designate exclusive
sales territories for each of its brands sold in Alabama and shall name one licensed wholesaler
for each such sales territory who, within such territory, shall be the exclusive wholesaler
for said brand or brands; provided where a manufacturer or importer licensee has more than
one brand of alcoholic beverages sold within this state, such licensee may designate the exclusive
sales territory to a different wholesaler for the sale of each of its brands and may designate
a different sales territory for each of its brands. Such manufacturer or importer licensee
shall enter into a territorial agreement, in writing,...
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28-9-4
Section 28-9-4 Prohibited acts - Suppliers. A supplier is prohibited from doing the following:
(1) Fail to provide each wholesaler of the supplier's brand or brands with a written agreement
which contains in total the supplier's agreement with each wholesaler, and designates a specific
exclusive sales territory. Any agreement which is in existence on March 3, 1988, shall be
renewed consistent with this chapter; provided, that this chapter may be incorporated by reference
in the agreement. Provided, however, nothing contained herein shall prevent a supplier from
appointing, one time for a period not to exceed 90 days, a wholesaler to temporarily service
a sales territory not designated to another wholesaler, until such time as a wholesaler is
appointed by the supplier; and such wholesaler who is designated to service the sales territory
during this period of temporary service shall not be in violation of the chapter, and, with
respect to the temporary service territory, shall not have...
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45-2-22.04
Section 45-2-22.04 Prohibited activities - Supplier. A supplier is prohibited from doing the
following: (1) Fail to provide each wholesaler of the supplier's brand or brands with a written
agreement which contains in total the supplier's agreement with each wholesaler, and designates
a specific exclusive sales territory. Any agreement which is in existence on April 19, 2004,
shall be renewed consistent with this part; provided, that this part may be incorporated by
reference in the agreement. Provided, however, nothing contained herein shall prevent a supplier
from appointing, one time for a period not to exceed 90 days, a wholesaler to temporarily
service a sales territory not designated to another wholesaler, until such time as a wholesaler
is appointed by the supplier; and such wholesaler who is designated to service the sales territory
during this period of temporary service shall not be in violation of this part, and, with
respect to the temporary service territory, shall not have...
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45-37-21.05
Section 45-37-21.05 Prohibited activities - Supplier. A supplier shall not: (1) Fail to provide
each wholesaler of the brand or brands of the supplier with a written agreement which contains
in total the agreement of the supplier with each wholesaler, and designates a specific exclusive
sales territory. Any agreement which is in existence on May 22, 2013, shall be renewed consistent
with this part; provided, that this part may be incorporated by reference in the agreement.
Provided, however, nothing contained herein shall prevent a supplier from appointing, one
time for a period not to exceed 90 days, a wholesaler to temporarily service a sales territory
not designated to another wholesaler, until such time as a wholesaler is appointed by the
supplier; and such wholesaler who is designated to service the sales territory during this
period of temporary service shall not be in violation of this part, and, with respect to the
temporary service territory, shall not have any of the rights...
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45-49-23.03
Section 45-49-23.03 Prohibited activities Supplier. A supplier is prohibited from doing the
following: (1) Failing to provide each wholesaler of the supplier's brand or brands with a
written agreement which contains in total the supplier's agreement with each wholesaler, and
designates a specific exclusive sales territory. Any agreement which is in existence on May
13, 1993, shall be renewed consistent with this part; provided, that this part may be incorporated
by reference in the agreement. Provided, however, nothing contained herein shall prevent a
supplier from appointing, one time for a period not to exceed 90 days, a wholesaler to temporarily
service a sales territory not designated to another wholesaler, until such time as a wholesaler
is appointed by the supplier; and such wholesaler who is designated to service the sales territory
during this period of temporary service shall not be in violation of this part, and, with
respect to the temporary service territory, shall not have...
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28-9-2
Section 28-9-2 Definitions. (a) The following words or phrases, or the plural thereof, whenever
they appear in this chapter, unless the context clearly requires otherwise, shall have the
meanings ascribed to them in this section: (1) AGREEMENT. Any agreement between a wholesaler
and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase
and sell a brand or brands of beer sold by a supplier. (2) ANCILLARY BUSINESS. A business
owned by a wholesaler, by a substantial stockholder of a wholesaler, or by a substantial partner
of a wholesaler the primary business of which is directly related to the transporting, storing,
or marketing of the brand or brands of beer of a supplier with whom the wholesaler has an
agreement; or a business owned by a wholesaler, a substantial stockholder of a wholesaler
or a substantial partner of a wholesaler which recycles empty beverage containers. (3) DESIGNATED
MEMBER. The spouse, child, grandchild, parent, brother or sister...
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45-2-22.02
Section 45-2-22.02 Definitions. (a) The following words or phrases, or the plural thereof,
whenever they appear in this part, unless the context clearly requires otherwise, shall have
the meaning ascribed to them in this section: (1) AGREEMENT. Any agreement between a wholesaler
and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase
and sell a brand or brands of wine sold by a supplier. (2) ANCILLARY BUSINESS. A business
owned by a wholesaler, or by a substantial partner of a wholesaler, the primary business of
which is directly related to the transporting, storing, or marketing of the brand or brands
of wine of a supplier with whom the wholesaler has an agreement; or a business owned by a
wholesaler, a substantial stockholder of a wholesaler, or a substantial partner of a wholesaler
which recycles empty beverage containers. (3) DESIGNATED MEMBER. The spouse, child, grandchild,
parent, brother, or sister of a deceased individual who owned an...
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