32B-14-102 (Effective 07/01/11) - Definitions. - Utah Statutes

32B-14-102 (Effective 07/01/11). Definitions.
As used in this chapter:
(1) "Affected party" means a supplier or wholesaler who is a party to a distributorshipagreement that a terminating party seeks to terminate or not renew.
(2) (a) "Distributorship agreement" means a written agreement between a supplier and awholesaler pursuant to which the wholesaler has the right to purchase, resell, and distribute in adesignated geographical area any brand of beer manufactured, imported, or distributed by thesupplier.
(b) For purposes of this chapter, a separate agreement between a supplier and awholesaler is considered to be part of a distributorship agreement if it relates to:
(i) the relationship between the supplier and the wholesaler; or
(ii) the duties of either the supplier or the wholesaler under a distributorship agreement.
(3) "Good cause" means the material failure by a supplier or a wholesaler to comply withan essential, reasonable, and lawful requirement imposed by a distributorship agreement if thefailure occurs after the supplier or wholesaler acting in good faith provides notice of deficiencyand an opportunity to correct in accordance with Part 2, Termination.
(4) "Good faith" is as defined in Subsection 70A-1a-201(2)(t).
(5) "Retailer" means a beer retailer.
(6) "Sales territory" means the geographic area of distribution and sale responsibilitydesignated by a distributorship agreement.
(7) "Supplier," notwithstanding Section 32B-1-102, means a brewer or other person whosells beer to a wholesaler for resale in this state.
(8) "Terminating party" means a supplier or wholesaler who:
(a) is a party to a distributorship agreement; and
(b) seeks to terminate or not renew the distributorship agreement.

Enacted by Chapter 276, 2010 General Session