§ 3-13-1 - Definitions.

SECTION 3-13-1

   § 3-13-1  Definitions. – As used in this chapter:

   (1) "Agreement" means any contract, agreement, orarrangement, whether expressed or implied, whether oral or written, for adefinite or indefinite period between a supplier and a wholesaler pursuant towhich a wholesaler has the right to purchase, resell, and distribute any or allbrands of malt beverages offered by the supplier. The agreement between asupplier and a wholesaler is not considered a franchise relationship.

   (2) "Good cause" means the failure by any party to anagreement, without reasonable excuse and justification, to comply substantiallywith a reasonable requirement imposed by either party.

   (3) "Malt Beverage" means the same as defined in chapter 1 ofthis title.

   (4) "Person" means a natural person, partnership, trust,agency, corporation, division of a corporation, or other form of businessenterprise. Person also includes heirs, assigns, personal representatives, andguardians.

   (5) "Supplier" means any person engaged in business as abrewer, manufacturer, importer, master wholesaler, broker, or agent of maltbeverages which enters into an agreement with any wholesaler in this state todistribute any or all of its brands of malt beverages, and anysuccessor-in-interest to that entity with respect to the agreement. The termsupplier does not refer to any brewer licensed under § 3-6-1.

   (6) "Territory" or "sales territory" means the geographicarea of primary sales responsibility designated by an agreement between awholesaler and supplier for any brand or brands of the supplier.

   (7) "This act" means this chapter which has the short titleand may be cited as the "Beer Industry Fair Dealing Law".

   (8) "Wholesaler" means any person licensed to import or causeto be imported into this state, or to purchase or to be purchased in thisstate, malt beverages for resale or distribution to retailers licensed in thisstate, and any successor-in-interest to that entity.