§ 3-3-213 - Manufacturer-seller relationships -- Exclusivity agreements. - Arkansas Statutes

3-3-213. Manufacturer-seller relationships -- Exclusivity agreements.

(a) It shall be unlawful for any person engaged in the manufacture of alcoholic liquors:

(1) To require any wholesaler or retailer to purchase from that manufacturer to the exclusion, in whole or in part, of any alcoholic liquors sold or offered for sale by other persons; or

(2) To induce any retailer to purchase from that manufacturer or wholesaler to the exclusion, in whole or in part, of any alcoholic liquors sold or offered for sale by other persons, by:

(A) Acquiring any interest in property owned, occupied, or used by the retailer in his business, or in any license with respect to the premises of the retailer;

(B) Furnishing, giving, renting, lending, or selling to the retailer any equipment, fixtures, signs, supplies, money, service, or other thing of value, subject to exceptions provided by the rules and regulations of the Alcoholic Beverage Control Board and established trade customs;

(C) Paying or crediting the retailer for any advertising, display, or distribution service;

(D) Guaranteeing any loan or the repayment of any financial obligation of the retailer;

(E) Offering or giving any bonus, premium, or compensation to the retailer or any of his officers, employees, or representatives.

(b) As used in this section, unless the context otherwise requires:

(1) "Person" includes any and all corporations, partnerships, associations, or individuals and all agents, representatives, or employees of such persons;

(2) "Manufacturer" means, unless otherwise specified, any person engaged in the business of distilling, brewing, making, blending, rectifying, or producing for sale in wholesale quantities alcoholic liquors of any kind, including whiskey, brandy, cordials, liquors, and other liquids containing alcohol, except patent medicines, beer, and wine.