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3-5-1109. Prohibited acts by wholesaler.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-5-1109. Prohibited acts by wholesaler.
A wholesaler shall not do any of the following:
(1) Fail to devote such efforts and resources to the sale and distribution of all the supplier's brands of beer which the wholesaler has been granted the right to sell or distribute as are required in the wholesaler's agreement with the supplier;
(2)(A) Sell or deliver beer to a retail licensee located outside the sales territory designated to the wholesaler by the supplier of a particular brand or brands of beer.
(B)(i) Provided, however, during periods of temporary service interruptions impacting a particular sales territory, a supplier may appoint another wholesaler to service the sales territory during the period of temporary service interruption.
(ii) A wholesaler who is designated to service the impacted sales territory during the period of temporary service interruption shall not be in violation of this subchapter and shall not have any of the rights provided under §§ 3-5-1108 and 3-5-1111 with respect to the temporary service territory.
(3)(A) Transfer the wholesaler's business without giving the supplier written notice of intent to transfer the wholesaler's business and, where required by this subchapter, receiving the supplier's approval for the proposed transfer.
(B) Provided, consent or approval of the supplier shall not be required of any transfer of the wholesaler's business to a designated member, or of any transfer of less than ten percent (10%) of the wholesaler's business unless such transfer results in a change in control.
(C) Provided, however, that the wholesaler shall give the supplier written notice of any change in ownership of the wholesaler.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-5-1109
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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Stable record: arkansas_code:legal_authorities:3-5-1109
Source file: gov.ar.code.title.03.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5262dbc693fb662c7e247bd1067d5b8ad23f00b0774e3a99cdf921544d592d89
Source location: content.xml paragraph 4293
Stored source content
3-5-1109. Prohibited acts by wholesaler.
A wholesaler shall not do any of the following:
(1) Fail to devote such efforts and resources to the sale and distribution of all the supplier's brands of beer which the wholesaler has been granted the right to sell or distribute as are required in the wholesaler's agreement with the supplier;
(2)(A) Sell or deliver beer to a retail licensee located outside the sales territory designated to the wholesaler by the supplier of a particular brand or brands of beer.
(B)(i) Provided, however, during periods of temporary service interruptions impacting a particular sales territory, a supplier may appoint another wholesaler to service the sales territory during the period of temporary service interruption.
(ii) A wholesaler who is designated to service the impacted sales territory during the period of temporary service interruption shall not be in violation of this subchapter and shall not have any of the rights provided under §§ 3-5-1108 and 3-5-1111 with respect to the temporary service territory.
(3)(A) Transfer the wholesaler's business without giving the supplier written notice of intent to transfer the wholesaler's business and, where required by this subchapter, receiving the supplier's approval for the proposed transfer.
(B) Provided, consent or approval of the supplier shall not be required of any transfer of the wholesaler's business to a designated member, or of any transfer of less than ten percent (10%) of the wholesaler's business unless such transfer results in a change in control.
(C) Provided, however, that the wholesaler shall give the supplier written notice of any change in ownership of the wholesaler.
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Arkansas Code — all titles (historical 2020) · legal_authorities
3-5-1108. Compensation upon supplier's violation — Arbitration.
(a) Except as provided for in this subchapter, a supplier that has amended, modified, cancelled, terminated, or refused to renew any agreement; or caused a wholesaler to resign from an agreement; or has interfered with, prevented, or unreasonably delayed, or, where required by this subchapter, has withheld or unreasonably delayed consent to or approval of, any assignment or transfer of a wholesaler's business, shall pay the wholesaler reasonable compensation for the diminished value of the wholesaler's business including any ancillary business which has been negatively affected by the act of the supplier. The value of the wholesaler's business or ancillary business shall include, but not be limited to, its good will. Provided, however, nothing contained in this subchapter shall give rise to a claim against the supplier or wholesaler by any proposed purchaser of a wholesaler's business.
(b)(1)(A) Should either party, at any time, determine that mutual agreement on the amount of reasonable compensation cannot be reached, the supplier or the wholesaler may send by certifed mail, return receipt requested, written notice to the other party declaring its intention to proceed with arbitration.
(B) Arbitration shall proceed only by mutual agreement of both parties.
(2)(A) Not more than ten (10) business days after the notice to enter into arbitration has been delivered, the other party shall send written notice to the requesting party declaring its intention either to proceed or not to proceed with arbitration.
(B) Should the other party fail to respond within ten (10) business days, it shall be conclusively presumed that said party shall have agreed to arbitration.
(3) The matter of determining the amo
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-5-1108
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. The source passage cites 3-5-1108. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
3-5-1111. Conditions for modification of agreement.
(a) Notwithstanding any agreement and except as otherwise provided for in this subchapter, a supplier shall not amend or modify an agreement, cause a wholesaler to resign from an agreement, or cancel, terminate, fail to renew, or refuse to continue under an agreement, unless the supplier has complied with all of the following:
(1) Has satisfied the applicable notice requirements of this section;
(2) Has acted in good faith; and
(3) Has good cause for the amendment, modification, cancellation, termination, nonrenewal, discontinuance, or forced resignation.
(b) For each amendment, modification, termination, cancellation, nonrenewal, or discontinuance, the supplier shall have the burden of proving:
(1) That it has acted in good faith;
(2) That the notice requirements under this section have been complied with; and
(3) That there was good cause for the amendment, modification, termination, cancellation, nonrenewal, or discontinuance.
(c)(1) Notwithstanding any agreement and except as otherwise provided in this section, and in addition to the time limits set forth in subdivision (d)(4) of this section, the supplier shall furnish written notice of the amendment, modification, termination, cancellation, nonrenewal, or discontinuance of an agreement to the wholesaler not less than thirty (30) days before the effective date of the amendment, modification, termination, cancellation, nonrenewal, or discontinuance.
(2) The notice shall be by certified mail and shall contain all of the following:
(A) A statement of intention to amend, modify, terminate, cancel, not renew, or discontinue the agreement;
(B) A statement of the reason for the amendment, modification, termination, cancellation, nonrenewal, or dis
Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-5-1111
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. The source passage cites 3-5-1111. This identifies an authority to review, not proof of applicability.