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3-2-412. Dual distributorship prohibited — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-2-412. Dual distributorship prohibited — Definition.
(a)(1) The creation of a dual distributorship is prohibited.
(2) An unlawful dual distributorship is created whenever any manufacturer designates as its distributor more than one (1) Arkansas liquor wholesaler in the state or wholesale beer permit holder to distribute the same brand of alcoholic beverage in the same geographical territory, whether a city, a county, counties, or the state.
(b) In addition to any remedies to any aggrieved party authorized by law, the Director of the Alcoholic Beverage Control Division may withdraw approval of any and all brands registered by any manufacturer found to be in violation of this subchapter, such findings to be made after a hearing pursuant to hearing procedures established for the Alcoholic Beverage Control Division by state law and administrative rules.
(c)(1) For the purposes of this subchapter, a “brand” means the same product or substantially the same product as evidenced by the product label that must be filed with the division.
(2) Identical or substantially identical labels will be considered and treated as the same brand.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-2-412
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:3-2-412
Source file: gov.ar.code.title.03.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 51a1702360de9443646c0cf0b7adf009863cd14d053d7e25e34fdd0018cc90db
Source location: content.xml paragraph 727
Stored source content
3-2-412. Dual distributorship prohibited — Definition.
(a)(1) The creation of a dual distributorship is prohibited.
(2) An unlawful dual distributorship is created whenever any manufacturer designates as its distributor more than one (1) Arkansas liquor wholesaler in the state or wholesale beer permit holder to distribute the same brand of alcoholic beverage in the same geographical territory, whether a city, a county, counties, or the state.
(b) In addition to any remedies to any aggrieved party authorized by law, the Director of the Alcoholic Beverage Control Division may withdraw approval of any and all brands registered by any manufacturer found to be in violation of this subchapter, such findings to be made after a hearing pursuant to hearing procedures established for the Alcoholic Beverage Control Division by state law and administrative rules.
(c)(1) For the purposes of this subchapter, a “brand” means the same product or substantially the same product as evidenced by the product label that must be filed with the division.
(2) Identical or substantially identical labels will be considered and treated as the same brand.
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