32A-11a-102 (Repealed 07/01/11) - Definitions. - Utah Statutes

32A-11a-102 (Repealed 07/01/11).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 any written contract, agreement, orarrangement between a supplier and a wholesaler pursuant to which the wholesaler has the rightto purchase, resell, and distribute in a designated geographical area any brand of beermanufactured, imported, or distributed by the supplier.
(b) A separate agreement between a supplier and a wholesaler that relates to therelationship between the supplier and the wholesaler or the duties of either of them under adistributorship agreement is considered to be part of the distributorship agreement for purposesof this chapter.
(c) A distributorship agreement may be for a definite or indefinite period.
(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 Sections 32A-11a-103 and 32A-11a-104.
(4) "Good faith" is as defined in Subsection 70A-1a-201(2)(t).
(5) "Retailer" means a person subject to license under Chapter 10, Beer RetailerLicenses.
(6) "Sales territory" means the geographic area of distribution and sale responsibilitydesignated by a distributorship agreement.
(7) "Supplier," notwithstanding Section 32A-1-105, 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.

Amended by Chapter 272, 2007 General Session
Repealed by Chapter 276, 2010 General Session