45-37-21.03
individual in the wholesaler under the terms of the will of the deceased individual, or under
the laws of intestate succession of this state; or any person who or entity which has otherwise
by designation in writing by the deceased individual, succeeded the deceased individual in
the business of the wholesaler, or has succeeded to the ownership interest of the deceased
individual in the wholesaler pursuant to a written contract or instrument; and also includes
the appointed and qualified personal representative and the testamentary trustee of
a deceased individual owning an ownership interest in a wholesaler. Designated member also
includes a person appointed by the court as the guardian or conservator of the property of
an incapacitated individual owning an ownership interest in a wholesaler. (4) GOOD FAITH.
Honesty in fact and the observance of reasonable commercial standards of fair dealing in the
trade, as defined in and interpreted under the Uniform Commercial Code, Section...
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45-49-23.01
ownership interest in the wholesaler under the terms of the deceased individual's will, or
under the laws of intestate succession of this state; or any person who or entity which has
otherwise by designation in writing by the deceased individual, succeeded the deceased individual
in the wholesaler's business, or has succeeded to the deceased individual's ownership interest
in the wholesaler pursuant to a written contract or instrument; and also includes the appointed
and qualified personal representative and the testamentary trustee of a deceased individual
owning an ownership interest in a wholesaler. Designated member also includes a person appointed
by the court as the guardian or conservator of the property of an incapacitated individual
owning an ownership interest in a wholesaler. (4) GOOD FAITH. Honesty in fact and the observance
of reasonable commercial standards of fair dealing in the trade, as defined in and interpreted
under the Uniform Commercial Code, Section...
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28-9-5
Section 28-9-5 Prohibited acts - Wholesalers. A wholesaler is prohibited from doing the following:
(1) Fail to devote reasonable efforts and resources, within supplier's designated sales territory,
to the sale and distribution of all the supplier's brands of beer which the wholesaler has
been granted the right to sell or distribute. (2) Sell or deliver beer to a retail licensee
located outside the sales territory designated to the wholesaler by the supplier of a particular
brand or brands of beer. Provided, however, during periods of temporary service interruptions
impacting a particular sales territory, a wholesaler who normally services the impacted sales
territory shall file with the board and give to the affected supplier written notice designating
the specific licensed wholesaler or wholesalers, not disapproved by the supplier, who will
service the sales territory during the period of temporary service interruption and the approximate
length of time of the service interruption....
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45-2-22.05
Section 45-2-22.05 Prohibited activities - Wholesaler. A wholesaler is prohibited from doing
the following: (1) Failing to devote reasonable efforts and resources, within supplier's designated
sales territory, to the sale and distribution of all the supplier's brands of wine which the
wholesaler has been granted the right to sell or distribute. (2) Selling or delivering wine
to a retail licensee located outside the sales territory designated to the wholesaler by the
supplier of a particular brand or brands of wine. Provided, however, during periods of temporary
service interruptions impacting a particular sales territory, a wholesaler who normally services
the impacted sales territory shall file with the board and give to the affected supplier written
notice designating the specific licensed wholesaler or wholesalers, not disapproved by the
supplier, who will service the sales territory during the period of temporary service interruption
and the approximate length of time for the...
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45-49-23.04
Section 45-49-23.04 Prohibited activities Wholesaler. A wholesaler is prohibited from doing
the following: (1) Failing to devote reasonable efforts and resources, within supplier's designated
sales territory, to the sale and distribution of all the supplier's brands of wine which the
wholesaler has been granted the right to sell or distribute. (2) Selling or delivering wine
to a retail licensee located outside the sales territory designated to the wholesaler by the
supplier of a particular brand or brands of wine. Provided, however, during periods of temporary
service interruptions impacting a particular sales territory, a wholesaler who normally services
the impacted sales territory shall file with the board and give to the affected supplier written
notice designating the specific licensed wholesaler or wholesalers, not disapproved by the
supplier, who will service the sale territory during the period of temporary service interruption
and the approximate length of time for the service...
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45-37-21.06
Section 45-37-21.06 Prohibited activities - Wholesaler. A wholesaler shall not: (1) Fail to
devote reasonable efforts and resources, within designated sales territory of the supplier,
to the sale and distribution of all the brands of wine of the supplier which the wholesaler
has been granted the right to sell or distribute. (2) Sell or deliver wine to a retail licensee
located outside the sales territory designated to the wholesaler by the supplier of a particular
brand or brands of wine. Provided, however, during periods of temporary service interruptions
impacting a particular sales territory, a wholesaler who normally services the impacted sales
territory shall file with the board and give to the affected supplier written notice designating
the specific licensed wholesaler or wholesalers, not disapproved by the supplier, who will
service the sale territory during the period of temporary service interruption and the approximate
length of time for the service interruption. Each...
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28-9-6
Section 28-9-6 Amendment, cancellation, etc., of agreements; proof of good faith; notice; good
cause. (a) Notwithstanding any agreement and except as otherwise provided for in this chapter,
a supplier shall not: amend or modify an agreement; cause a wholesaler to resign from an agreement;
or cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the
supplier has complied with all of the following: (1) Has satisfied the applicable notice requirements
of subsection (c) of this section. (2) Has acted in good faith. (3) Has good cause for the
amendment, modification, cancellation, termination, nonrenewal, discontinuance, or forced
resignation. (b) For each amendment, modification, termination, cancellation, nonrenewal,
or discontinuance, the supplier shall have the burden of proving that it has acted in good
faith, that the notice requirements under this section have been complied with, and that there
was good cause for the amendment, modification, termination,...
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45-2-22.06
Section 45-2-22.06 Conditions of amendment, modification, termination, etc., of agreement.
(a) Notwithstanding any agreement and except as otherwise provided for in this part, a supplier
shall not: Amend or modify an agreement; cause a wholesaler to resign from an agreement; or
cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the supplier
has complied with all of the following: (1) Has satisfied the applicable notice requirements
of subsection (c). (2) Has acted in good faith. (3) Has good cause for the amendment, modification,
cancellation, termination, nonrenewal, discontinuance, or forced resignation. (b) For each
amendment, modification, termination, cancellation, nonrenewal, or discontinuance, the supplier
shall have the burden of proving that it has acted in good faith, that the notice requirements
under this section have been complied with, and that there was good cause for the amendment,
modification, termination, cancellation, nonrenewal, or...
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45-37-21.07
Section 45-37-21.07 Amendment, modification, termination, etc., of agreement. (a) Notwithstanding
any agreement and except as otherwise provided for in this part, a supplier shall not amend
or modify an agreement; cause a wholesaler to resign from an agreement; or cancel, terminate,
fail to renew, or refuse to continue under an agreement, unless, in any of the foregoing cases,
the supplier has complied with all of the following: (1) Has satisfied the applicable notice
requirements of subsection (c). (2) Has acted in good faith. (3) Has good cause for the amendment,
modification, cancellation, termination, nonrenewal, discontinuance, or forced resignation.
(b) For each amendment, modification, termination, cancellation, nonrenewal, or discontinuance,
the supplier shall have the burden of proving that it has acted in good faith, that the notice
requirements under this section have been complied with, and that there was good cause for
the amendment, modification, termination,...
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45-49-23.05
Section 45-49-23.05 Conditions of amendment, modification, termination, etc., of agreement.
(a) Notwithstanding any agreement and except as otherwise provided for in this part, a supplier
shall not: amend or modify an agreement; cause a wholesaler to resign from an agreement; or
cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the supplier
has complied with all of the following: (1) Has satisfied the applicable notice requirements
of subsection (c). (2) Has acted in good faith. (3) Has good cause for the amendment, modification,
cancellation, termination, nonrenewal, discontinuance, or forced resignation. (b) For each
amendment, modification, termination, cancellation, nonrenewal, or discontinuance, the supplier
shall have the burden of proving that it has acted in good faith, that the notice requirements
under this section have been complied with, and that there was good cause for the amendment,
modification, termination, cancellation, nonrenewal, or...
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