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2017 Mississippi Code
Title 67 - Alcoholic Beverages
Chapter 7 - Beer Industry Fair Dealing Act
§ 67-7-9. Prohibited acts; wholesalers
Universal Citation: MS Code § 67-7-9 (2017)
- A wholesaler shall not do any of the following:
- (a) Fail to devote such efforts and resources to the sale and distribution of all the supplier's brands of light wine or beer which the wholesaler has been granted the right to sell or distribute as are required in the wholesaler's agreement with the supplier.
- (b) Sell or deliver light wine or beer to a retail licensee located outside the sales territory designated to the wholesaler by the supplier of a particular brand or brands of light wine or beer, except that 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. 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 chapter and shall not have any of the rights provided under Sections 67-7-11 and 67-7-15 with respect to the temporary service territory.
- (c) Transfer the wholesaler's business without giving the supplier written notice of intent to transfer the wholesaler's business and, where required by this chapter, receiving the supplier's written approval for the proposed transfer, except that the 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. The wholesaler shall give the supplier written notice of any change in ownership of the wholesaler.
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