§ 3-13-5 - Prohibited conduct.
SECTION 3-13-5
§ 3-13-5 Prohibited conduct. – No supplier shall:
(1) Induce or coerce, or attempt to induce or coerce, anywholesaler to accept delivery of any malt beverage or any other item orcommodity which has not been ordered by the wholesaler. Provided, thatrecommendation, endorsement, exposition, persuasion, or argument is not deemedto constitute inducements, coercion, or requirements prohibited by this section.
(2) Induce or coerce, or attempt to induce or coerce, anywholesaler to engage in any illegal act or course of conduct or to resign froman agreement by means of any threat, expressed or implied, to cancel, fail torenew, otherwise terminate an agreement, any requirement imposed on thewholesaler pursuant to an agreement or any contract or other arrangementancillary or collateral to these.
(3) Require a wholesaler to assent to any requirement,condition, understanding, or term of an agreement limiting the wholesaler'sright to sell the product of any other supplier.
(4) Fix or maintain the price at which a wholesaler mayresell malt beverages, whether by the terms or requirements imposed on thewholesaler under an agreement, the manner of their enforcement, or otherwise.
(5) Impose, attempt to impose, or enforce against awholesaler any requirement, standard of performance, or term, including theterms of sale of malt beverages sold to the wholesaler, which is discriminatoryas compared with the requirements, standards, or terms imposed by the supplieron other similarly situated wholesalers within this state. Differences in anyrequirement, standard, or term imposed by a supplier under its agreement or inthe manner of their enforcement are permitted only if and to the extent theyare based on proper and justifiable distinctions considering the purposes ofthis chapter, and are not arbitrary.
(6) Fail to provide to each wholesaler of its brands afterMay 22, 1982 a written contract which conforms to this chapter and embodies thesupplier's agreement with its wholesalers, including the essentialrequirements, standards of performance, and terms imposed by the supplier. Inthe event of failure to provide that written contract, any agreement inexistence upon May 22, 1982 must conform to this chapter and is subject to thischapter until the written contract is provided.