State Codes and Statutes

Statutes > Utah > Title-32a > Chapter-11a > 32a-11a-106-repealed-07-01-11

32A-11a-106 (Repealed 07/01/11). Prohibited conduct of wholesaler.
(1) A wholesaler may not:
(a) induce, coerce, or attempt to induce or coerce, any retailer to engage in any 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 the product of any other wholesaler;
(d) fix or maintain the price at which a retailer may resell beer;
(e) require any retailer to accept delivery of any beer or any other item that is notvoluntarily ordered by the retailer;
(f) restrict or inhibit, directly or indirectly, the right of a retailer to participate in anorganization representing interests of retailers for any lawful purpose;
(g) require a retailer to participate in or contribute to any 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 law oradministrative rule; and
(i) refuse to deliver beer products carried by the wholesaler to a properly licensed retailerwho resides within the wholesaler's sales territory:
(i) in reasonable quantities; and
(ii) within a reasonable time after receipt of the retailer's order.
(2) Notwithstanding Subsection (1)(i), the wholesaler may refuse to deliver products ifthe refusal is due to:
(a) the retailer's failure to pay the wholesaler pursuant to Subsection 32A-12-603(7);
(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.

Repealed by Chapter 276, 2010 General Session
Amended by Chapter 314, 2003 General Session