State Codes and Statutes

Statutes > Utah > Future-title-32b > Chapter-14 > 32b-14-303-effective-07-01-11

32B-14-303 (Effective 07/01/11). Prohibited conduct of wholesaler.
(1) A wholesaler may not:
(a) induce or coerce, or attempt to induce or coerce, a retailer to engage in an illegal actor course of conduct;
(b) impose a requirement that is discriminatory by its terms or in the methods ofenforcement as compared to requirements imposed by the wholesaler on similarly situatedretailers;
(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 voluntarilyordered by the retailer;
(f) restrict or inhibit, directly or indirectly, the right of a retailer to participate in anorganization representing interests of retailers for a lawful purpose;
(g) require a retailer to participate in or contribute to a local, regional, or nationaladvertising fund or other promotional activity;
(h) retaliate against a retailer that files a complaint with the department or the applicablefederal agency regarding an alleged violation by the wholesaler of a state or federal statute oradministrative rule; and
(i) refuse to deliver a beer product carried by the wholesaler to a properly licensedretailer 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 beerproduct 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