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Current as of January 01, 2025 | Updated by Findlaw Staff
Subdivision 1. Scope. As used insections 325B.01to325B.17and unless otherwise required by the context, the terms defined in this section have the meanings given them.
Subd. 2. Agreement. “Agreement” means one or more of the following:
(a) a commercial relationship between a beer wholesaler and a brewer of a definite or indefinite duration, which is not required to be evidenced in writing;
(b) a relationship whereby the beer wholesaler is granted the right to offer and sell a brand or brands of beer offered by a brewer;
(c) a relationship whereby the beer wholesaler, as an independent business, constitutes a component of a brewer's distribution system;
(d) a relationship whereby the beer wholesaler's business is substantially associated with a brewer's brand or brands, designating the brewer;
(e) a relationship whereby the beer wholesaler's business is substantially reliant on a brewer for the continued supply of beer;
(f) a written or oral arrangement for a definite or indefinite period whereby a brewer grants to a beer wholesaler a license to use a brand, trade name, trademark, or service mark, and in which there is a community of interest in the marketing of goods or services at wholesale or retail.
Subd. 3. Beer wholesaler. “Beer wholesaler” shall mean any person importing or causing to be imported into this state or purchasing or causing to be purchased within this state, any beer for sale or resale to retailers or wholesalers, without regard to whether the business of the person is conducted under the terms of an agreement with a brewer.
Subd. 4. Brewer. “Brewer” means every brewer or importer of beer located within or without the state of Minnesota, who enters into an “agreement” with any beer wholesaler doing business in the state of Minnesota.
Subd. 5. Person. “Person” means a natural person, corporation, partnership, trust, agency, or other entity as well as the individual officers, directors or other persons in active control of the activities of each such entity. Person also includes heirs, assigns, personal representatives and guardians.
Subd. 6. Successor. “Successor” means a person who replaces a brewer, importer, or wholesaler with regard to the right to manufacture, sell, distribute, or import a brand or brands of beer.
Subd. 7. Territory. “Territory” or “sales territory” means the area of primary sales responsibility designated by any agreement between any beer wholesaler and brewer for the brand or brands of any brewer.
Cite this article: FindLaw.com - Minnesota Statutes Trade Regulations, Consumer Protection (Ch. 324-341) § 325B.01. Definitions - last updated January 01, 2025 | https://codes.findlaw.com/mn/trade-regulations-consumer-protection-ch-324-341/mn-st-sect-325b-01/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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