State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_18B > GS_18B-1207

§18B‑1207.  Judicial remedies.

(a)        If a wineryviolates any provision of this Article, a wholesaler may maintain a suitagainst the winery. The court may grant injunctive and other appropriaterelief, including damages to compensate the wholesaler for the value of theagreement and any good will, to remedy violations of this Article.

(b)        Any winery thatamends, cancels, terminates, or refuses to renew any wine agreement, or causesa wholesaler to resign from an agreement shall compensate the wine wholesalerfor the wine wholesaler's wine inventory. The amount of compensation shallinclude the F.O.B. costs of the wine inventory and any freight charges incurredby the wine wholesaler in receiving them.

(c)        For any violationof the provisions of this Article, the Commission may take any of the followingactions against the winery:

(1)        Suspend the winery'spermit for a specific period of time no longer than three years;

(2)        Revoke the winery'spermit;

(3)        Issue an ordersuspending the shipment of the winery's products to one or more designatedsales territories previously served by the wholesaler who has been terminatedor who is the successor in interest to a wholesaler who sold the winery'sproducts in the designated territory.

(4)        Impose a monetarypenalty up to fifteen thousand dollars ($15,000) for a first offense and up tothirty‑five thousand ($35,000) for the second offense. The clear proceedsof monetary penalties imposed pursuant to this subdivision shall be remitted tothe Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.

In any case in which theCommission is entitled to suspend or revoke a permit, the Commission may acceptfrom the winery an offer in compromise to pay a monetary penalty. TheCommission may either accept a compromise or revoke a permit, but not both. TheCommission may accept a compromise and suspend the permit in the same case.

(d)        Notwithstanding thechoice of forum agreed to by the parties, venue for all actions under thisArticle shall be determined by the trial judge based upon the convenience ofwitnesses and the promotion of the ends of justice. (1983, c. 85, s. 2; 1989, c.800, ss. 16, 17; 1998‑215, s. 28.)