§ 18B-1303. Filing of distribution agreement; no discrimination. - North Carolina Statutes

§18B‑1303.  Filing of distribution agreement; no discrimination.

(a)        Filing. – It isunlawful for a supplier to provide malt beverages to a wholesaler unless theCommission has received notification from the supplier designating the brandsof the supplier which the wholesaler is authorized to sell and the territory inwhich such sales may take place. If the supplier sells several brands, theagreement need not apply to all brands. No supplier may provide by adistribution agreement for the distribution of a brand to more than onewholesaler for the same territory. A wholesaler shall not distribute any brandof malt beverage to a retailer whose premises are located outside the territoryspecified in the wholesaler's distribution agreement for that brand. A wholesalermay, however, with the approval of the Commission distribute malt beveragesoutside his designated territory during periods of temporary serviceinterruption when requested to do so by the supplier and the wholesaler whoseservice is interrupted.

(b)        No Discrimination.– A wholesaler shall service all retail permit holders within his designatedterritory without discrimination and shall make a good faith effort to makeavailable to each retail permit holder in the territory each brand of malt beveragewhich the wholesaler has been authorized to distribute in that area.

(c)        No PriceMaintenance. – A franchise agreement shall not, either expressly or byimplication or in its operation, establish or maintain the resale price of anybrand of malt beverages by a wholesaler. (1989, c. 142, s. 1; 1991, c.459, s. 9; 1993, c. 415, s. 28; 1995, c. 466, s. 15.)