§ 18B-1201. Definitions. - North Carolina Statutes

§18B‑1201.  Definitions.

As used in this Article,unless the context requires otherwise:

(1)        "Agreement"means a commercial relationship between a wine wholesaler and a winery. Theagreement may be of a definite or indefinite duration and is not required to bein writing. Any of the following constitutes prima facie evidence of an"agreement" within the meaning of this definition:

a.         A relationshipwhereby the wine wholesaler is granted the right to offer and sell a brandoffered by a winery;

b.         A relationshipwhereby the wine wholesaler, as an independent business, constitutes acomponent of a winery's distribution system;

c.         A relationshipwhereby the wine wholesaler's business is substantially associated with a brandoffered by a winery;

d.         A relationshipwhereby the wine wholesaler's business is substantially reliant on a winery forthe continued supply of wine;

e.         The shipment,preparation for shipment, or acceptance of any order by any winery or its agentfor any wine or beverages to a wine wholesaler within this State;

f.          The payment by awine wholesaler and the acceptance of payment by any winery or its agent forthe shipment of any order of wine or beverages intended for sale within thisState.

(2)        "Territory"or "sales territory" means the area of primary sales responsibilityexpressly or implicitly designated by any agreement between any wine wholesalerand winery for a brand offered by any winery. The term "area of primarysales responsibility" may not be construed as restricting sales or salesefforts by any wine wholesaler attempting to sell wines within any designatedsales territory.

(3)        "Winewholesaler" means any holder of a wine wholesaler permit, wine importerpermit, or bottler permit issued under the authority of this Chapter.

(4)        "Winery"means any holder of an unfortified winery permit, fortified winery permit,limited winery permit, or nonresident wine vendor permit issued under theauthority of this Chapter who sells at least 1,000 cases of wine in NorthCarolina per year. (1983, c. 85, s. 2.)