32B-14-303. Prohibited conduct of wholesaler.

299 words·~1 min read·/ut/title-32b/chapter-14/32b-14-303

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A wholesaler may not:

(a)induce or coerce, or attempt to induce or coerce, a retailer to engage in an illegal act or course of conduct;

(b)impose a requirement that is discriminatory by its terms or in the methods of enforcement as compared to requirements imposed by the wholesaler on similarly situated retailers;

(c)prohibit a retailer from selling a product of another wholesaler;

(d)fix or maintain the price at which a retailer may resell beer;

(e)require a retailer to accept delivery of beer or any other item that is not voluntarily ordered by the retailer;

(f)restrict or inhibit, directly or indirectly, the right of a retailer to participate in an organization representing interests of retailers for a lawful purpose;

(g)require a retailer to participate in or contribute to a local, regional, or national advertising fund or other promotional activity;

(h)retaliate against a retailer that files a complaint with the department or the applicable federal agency regarding an alleged violation by the wholesaler of a state or federal statute or administrative rule; and

(i)refuse to deliver a beer product carried by the wholesaler to a properly licensed retailer who resides within the wholesaler's sales territory:

(i)in a reasonable quantity; and

(ii)within a reasonable time after receipt of the retailer's order.

(2)Notwithstanding Subsection (1)(i) , the wholesaler may refuse to deliver a beer product if the refusal is due to:

(a)the retailer's failure to pay the wholesaler pursuant to Subsection 32B-4-704(6) ;

(b)an unforeseeable event beyond the wholesaler's control;

(c)a work stoppage or delay due to a strike or labor problem;

(d)a bona fide shortage of materials; or

(e)a freight embargo.

Enacted by Chapter 276 , 2010 General Session