§ 5-101
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/md/alcoholic-beverages-and-cannabis/5-101·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§5–101.
(a)In this subtitle the following words have the meanings indicated.
(b)“Beer distributor” means a person that imports or causes to be imported into the State, or purchases or causes to be purchased in the State, beer for sale or resale to a retail dealer licensed under this article without regard to whether the business of the person is conducted under a beer franchise agreement or another form of agreement with a beer manufacturer.
(c)“Beer franchise agreement” means:
(1)a commercial relationship between a beer distributor and beer manufacturer that:
(i)is of a definite or indefinite duration; and
(ii)is not required to be in writing;
(2)a relationship in which a beer manufacturer grants a beer distributor the right to offer and sell the brands of beer offered by the beer manufacturer;
(3)a relationship in which a beer distributor, as an independent business, constitutes a component of a beer manufacturer’s distribution system;
(4)a relationship in which a beer distributor’s business is substantially associated with a beer manufacturer’s brand, advertising, or another commercial symbol that designates the beer manufacturer;
(5)a relationship in which a beer distributor’s business relies substantially on a beer manufacturer for the continued supply of beer; or
(6)a written or oral arrangement of definite or indefinite duration in which:
(i)a beer manufacturer grants to a beer distributor the right to use a trade name, trademark, service mark, or related characteristic; and
(ii)there is a community of interest in the marketing of goods or services at wholesale or retail, by lease, or by another method.
(d)“Beer manufacturer” means:
(1)a brewer, fermenter, processor, bottler, or packager of beer located in or outside the State; or
(2)a person located in or outside the State that enters into a beer franchise agreement with a beer distributor doing business in the State.
(e)“Fair market value” means the price at which an asset would change hands between a willing seller and a willing buyer when:
(1)neither is acting under any compulsion; and
(2)both have knowledge of all of the relevant facts.
(f)“Franchisee” means:
(1)a beer distributor to whom a beer franchise agreement is granted or offered; or
(2)a beer distributor that is a party to a beer franchise agreement.
(g)“Franchisor” means a beer manufacturer that:
(1)enters into a beer franchise agreement with a beer distributor; or
(2)is a party to a beer franchise agreement.
(h)“Sales territory” means the area of sales responsibility designated by a beer franchise agreement for the brand or brands of beer of a beer manufacturer.