8-21C-6
Section 8-21C-6 Change of dealer ownership. (a) If a dealer desires to make a change in ownership
by the sale of the business assets, a stock transfer, or otherwise, the dealer shall give
the manufacturer or distributor written notice at least 15 business days before the closing,
including all supporting documentation as may be reasonably required by the manufacturer or
distributor to determine if an objection to the sale may be made. In the absence of a breach
by the selling dealer of its dealer agreement or this chapter, the manufacturer or distributor
may not object to the proposed change in ownership unless any of the following circumstances
is present: (1) The prospective transferee has previously been terminated by the manufacturer
or distributor for breach of its dealer agreement. (2) The prospective transferee has been
convicted of a felony or any crime of fraud, deceit, or moral turpitude. (3) The prospective
transferee lacks any license required by law. (4) The prospective...
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45-37-21.09
Section 45-37-21.09 Reasonable compensation for diminution of value of business of wholesaler;
arbitration. (a) Except as provided for in this part, a supplier that has amended, modified,
cancelled, terminated, or refused to renew any agreement; or has caused a wholesaler to resign
from any agreement; or has interfered with, prevented, or unreasonably delayed, or where required
by this part, has withheld or unreasonably delayed consent to or approval of, any assignment
or transfer of the business of the wholesaler, shall pay the wholesaler reasonable compensation
for the diminished value of the business of the wholesaler, including any ancillary business
which has been negatively affected by the act of the supplier. The value of the business or
ancillary business of the wholesaler shall include, but not be limited to, any good will.
Provided, however, nothing contained in this part shall give rise to a claim against the supplier
or wholesaler by any proposed purchaser of the business...
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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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45-2-22.08
Section 45-2-22.08 Compensation for violation; arbitration. (a) Except as provided for in this
part, a supplier that has amended, modified, cancelled, terminated, or refused to renew any
agreement; or has caused a wholesaler to resign from any agreement; or has interfered with,
prevented, or unreasonably delayed, or where required by this part, has withheld or unreasonably
delayed consent to or approval of, any assignment or transfer of a wholesaler's business,
shall pay the wholesaler reasonable compensation for the diminished value of the wholesaler's
business, including any ancillary business which has been negatively affected by the act of
the supplier. The value of the wholesaler's business or ancillary business shall include,
but not be limited to, any good will. Provided, however, nothing contained in this part shall
give rise to a claim against the supplier or wholesaler by any proposed purchaser of wholesaler's
business. (b) Should either party, at any time, determine that...
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45-2-22.10
Section 45-2-22.10 Agreements governed by this part; transferees; successors. (a) This part
shall apply to agreements in existence on April 19, 2004, as well as agreements entered into
or renewed after May 6, 2004. (b) A transferee of a wholesaler that continues in business
as a wholesaler shall have the benefit of and be bound by all terms and conditions of the
agreement with the supplier in effect on the date of the transfer; provided, however, a transfer
of a wholesaler's business which requires supplier's consent or approval but is disapproved
by the supplier shall be null and void. (c) A successor to a supplier that continues in business
as a supplier shall be bound by all terms and conditions of each agreement of the supplier
in effect on the date of succession. (Act 2004-420, p. 708, §11.)...
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45-49-23.07
Section 45-49-23.07 Compensation for violation; arbitration. (a) Except as provided for in
this part, a supplier that has amended, modified, cancelled, terminated, or refused to renew
any agreement; or has caused a wholesaler to resign from any agreement; or has interfered
with, prevented, or unreasonably delayed, or where required by this part, has withheld or
unreasonably delayed consent to or approval of, any assignment or transfer of a wholesaler's
business, shall pay the wholesaler reasonable compensation for the diminished value of the
wholesaler's business, including any ancillary business which has been negatively affected
by the act of the supplier. The value of the wholesaler's business or ancillary business shall
include, but not be limited to, any good will. Provided, however, nothing contained in this
part shall give rise to a claim against the supplier or wholesaler by any proposed purchaser
of wholesaler's business. (b) Should either party, at any time, determine that...
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45-49-23.09
Section 45-49-23.09 Agreements governed by this part; transferees; successors. (a) This part
shall apply to agreements in existence on May 13, 1993, as well as agreements entered into
or renewed after May 13, 1993. (b) A transferee of a wholesaler that continues in business
as a wholesaler shall have the benefit of and be bound by all terms and conditions of the
agreement with the supplier in effect on the date of the transfer; provided, however, a transfer
of a wholesaler's business which requires supplier's consent or approval but is disapproved
by the supplier shall be null and void. (c) A successor to a supplier that continues in business
as a supplier shall be bound by all terms and conditions of each agreement of the supplier
in effect on the date of succession. (Act 93-483, p. 764, § 11.)...
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28-9-8
Section 28-9-8 Liability of supplier for acts diminishing value of wholesaler's business; arbitration
procedures; determination of amount of compensation; cost of arbitration; default of arbitration
procedures. (a) Except as provided for in this chapter, a supplier that has amended, modified,
canceled, terminated, or refused to renew any agreement; or has caused a wholesaler to resign
from an agreement; or has interfered with, prevented or unreasonably delayed, or where required
by this chapter, has withheld or unreasonably delayed consent to or approval of, any assignment
or transfer of a wholesaler's business, shall pay the wholesaler reasonable compensation for
the diminished value of the wholesaler's business, including any ancillary business which
has been negatively affected by the act of the supplier. The value of the wholesaler's business
or ancillary business shall include, but not be limited to, any good will. Provided, however,
nothing contained in this chapter shall give...
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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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45-37-21.06
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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