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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) A wholesaler may not:
(a) induce or coerce, or attempt to induce or coerce, a retailer to engage in an illegal act or course of conduct;
(b) impose a requirement that is discriminatory by its terms or in the methods of enforcement as compared to requirements imposed by the wholesaler on similarly situated retailers;
(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 voluntarily ordered by the retailer;
(f) restrict or inhibit, directly or indirectly, the right of a retailer to participate in an organization representing interests of retailers for a lawful purpose;
(g) require a retailer to participate in or contribute to a local, regional, or national advertising fund or other promotional activity;
(h) retaliate against a retailer that files a complaint with the department or the applicable federal agency regarding an alleged violation by the wholesaler of a state or federal statute or administrative rule; and
(i) refuse to deliver a beer product carried by the wholesaler to a properly licensed retailer 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 beer product 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.
Cite this article: FindLaw.com - Utah Code Title 32B. Alcoholic Beverage Control Act § 32B-14-303. Prohibited conduct of wholesaler - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-32b-alcoholic-beverage-control-act/ut-code-sect-32b-14-303/
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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