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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45-37-21.03
Section 45-37-21.03 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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45-49-23.01
Section 45-49-23.01 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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28-9-7
Section 28-9-7 Transfer of wholesaler's business. (a) Upon written notice of intent to transfer
the wholesaler's business, any individual owning or deceased individual who owned an interest
in a wholesaler may transfer the wholesaler's business to a designated member, or to any other
person who meets the nondiscriminatory, material and reasonable qualifications and standards
required by the supplier for Alabama wholesalers. The consent or approval of the supplier
shall not be required of any transfer of the wholesaler's business, including the assignment
of wholesaler's rights under the agreement, to a designated member or shall not be withheld
or unreasonably delayed to a proposed transferee (other than a designated member) who meets
such nondiscriminatory, material and reasonable qualifications and standards. Provided, however,
the supplier shall have the burden of proving that the proposed transferee fails to meet such
qualifications and standards which are nondiscriminatory,...
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45-2-22.07
Section 45-2-22.07 Transfer of wholesaler business. (a) Upon written notice of intent to transfer
the wholesaler's business, any individual owning or deceased individual who owned an interest
in a wholesaler may transfer the wholesaler's business to a designated member, or any other
person who meets the nondiscriminatory, material, and reasonable qualifications and standards
required by the supplier for Alabama wholesalers. The consent or approval of the supplier
shall not be required of any transfer of the wholesaler's business, including the assignment
of wholesaler's rights under the agreement, to a designated member or shall not be withheld
or unreasonably delayed to a proposed transferee (other than a designated member) who meets
such nondiscriminatory, material, and reasonable qualifications and standards. Provided, however,
the supplier shall have the burden of proving that the proposed transferee fails to meet such
qualifications and standards which are nondiscriminatory,...
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45-49-23.06
Section 45-49-23.06 Transfer of wholesaler business. (a) Upon written notice of intent to transfer
the wholesaler's business, any individual owning or deceased individual who owned an interest
in a wholesaler may transfer the wholesaler's business to a designated member, or any other
person who meets the nondiscriminatory, material, and reasonable qualifications and standards
required by the supplier for Alabama wholesalers. The consent or approval of the supplier
shall not be required of any transfer of the wholesaler's business, including the assignment
of wholesaler's rights under the agreement, to a designated member or shall not be withheld
or unreasonably delayed to a proposed transferee (other than a designated member) who meets
such nondiscriminatory, material, and reasonable qualifications and standards. Provided, however,
the supplier shall have the burden of proving that the proposed transferee fails to meet such
qualifications and standards which are nondiscriminatory,...
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45-37-21.08
Section 45-37-21.08 Transfer of business of wholesaler. (a) Upon written notice of intent to
transfer the business of the wholesaler, any individual owning or deceased individual who
owned an interest in a wholesaler may transfer the business of the wholesaler to a designated
member, or any other person who meets the nondiscriminatory, material, and reasonable qualifications
and standards required by the supplier for Alabama wholesalers. The consent or approval of
the supplier shall not be required of any transfer of the business of the wholesaler, including
the assignment of the rights of the wholesaler under the agreement, to a designated member
or shall not be withheld or unreasonably delayed to a proposed transferee, other than a designated
member, who meets such nondiscriminatory, material, and reasonable qualifications and standards.
Provided, however, the supplier shall have the burden of proving that the proposed transferee
fails to meet such qualifications and standards which...
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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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