State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_18B > GS_18B-1200

Article 12.

Wine DistributionAgreements.

§ 18B‑1200. Construction; findings and purpose; exceptions.

(a)        This Article shallbe liberally construed and applied to promote its underlying purposes andpolicies.

(b)        The underlyingpurposes and policies of the Article are:

(1)        To promote thecompelling interest of the public in fair business relations between winewholesalers and wineries, and in the continuation of wine wholesalerships on afair basis;

(2)        To protect winewholesalers against unfair treatment by wineries;

(3)        To provide winewholesalers with rights and remedies in addition to those existing by contractor common law; and

(4)        To govern all winewholesalerships, including any renewals or amendments, to the full extentconsistent with the Constitution of this State and the United States.

(c)        The effect of thisArticle may not be waived or varied by contract or agreement. Any contract oragreement purporting to do so is void and unenforceable to the extent of thatwaiver or variance.

(d)        A North Carolinawinery holding a valid wine wholesaler permit issued pursuant to G.S. 18B‑1101(7)and G.S. 18B‑1107, when acting as its own master wholesaler, shall not besubject to the provisions of G.S. 18B‑1204, 18B‑1205, and 18B‑1207.(1983, c. 85, s.2; 2005‑340, s. 1; 2005‑350, s. 4; 2006‑264, s. 98; 2007‑484,s. 37.)