State Codes and Statutes
Statutes > Vermont > Title-07 > Chapter-23 > 701
§ 701. Definitions
As used in this chapter, and unless otherwise required by the context:
(1) "Certificate of approval" shall mean an authorization by the liquor control board to a manufacturer or distributor of malt or vinous beverages, or both not licensed under the provisions of this title, to sell such beverages either to holders of bottlers or wholesale dealers licenses issued by the board under the provisions of section 226 or 227 of this title.
(2) "Franchise" or "agreement" shall mean one or more of the following:
(A) a commercial relationship between a wholesale dealer and a certificate of approval holder or a manufacturer of a definite duration or indefinite duration, which is or is not in writing and which relationship has been in existence for at least one year;
(B) a relationship whereby the wholesale dealer is granted the right to offer and sell the brands of beer or wine offered by the certificate of approval holder or manufacturer and which relationship has been in existence for at least one year;
(C) a relationship whereby the wholesale dealer, as an independent business, constitutes a component of a certificate of approval holder's or manufacturer's distribution system and which relationship has been in existence for at least one year;
(D) a relationship whereby the wholesale dealer's business is substantially associated with the certificate of approval holder's or manufacturer's brand, advertising or other commercial symbol designating the manufacturer and which relationship has been in existence for at least one year;
(E) a relationship whereby the wholesale dealer's business is substantially reliant on the certificate of approval holder or manufacturer for the continued supply of beer or wine and which relationship has been in existence for at least one year; and
(F) a written or oral arrangement for a definite or indefinite period whereby a certificate of approval holder or manufacturer grants to a wholesale dealer a license to use a trade name, trade mark, service mark, or related characteristic, and in which there is a community of interest in the marketing of goods or services at wholesale, retail, by lease or otherwise and which arrangement has been in existence for at least one year.
(3) "Franchisee" means any beer or wine wholesale dealer to whom a franchise or agreement as defined herein is granted or offered, or any beer or wine certificate of approval holder or manufacturer who is a party to a franchise or agreement as defined herein.
(4) "Franchisor" means any beer or wine certificate of approval holder or manufacturer who enters into any franchise or agreement with a beer or wine wholesale dealer, or any beer or wine certificate of approval holder or manufacturer who is a party to a franchise or agreement as defined herein.
(5) "Territory" or "sales territory" shall mean the area of sales responsibility designated by any agreement or franchise between any franchisee or franchisor for the brand or brands of any franchisor or manufacturer.
(6) As used herein, brand and brands are synonymous with label and labels. (Added 1975, No. 199 (Adj. Sess.); amended 1983, No. 197 (Adj. Sess.), § 1.)
