2006 Utah Code - 32A-11a-102 — Definitions.

     32A-11a-102.   Definitions.
     As used in this chapter:
     (1) "Affected party" means a supplier or wholesaler who is a party to a distributorship agreement that a terminating party seeks to terminate or not renew.
     (2) (a) "Distributorship agreement" means any written contract, agreement, or arrangement between a supplier and a wholesaler pursuant to which the wholesaler has the right to purchase, resell, and distribute in a designated geographical area any brand of beer manufactured, imported, or distributed by the supplier.
     (b) A separate agreement between a supplier and a wholesaler that relates to the relationship between the supplier and the wholesaler or the duties of either of them under a distributorship agreement is considered to be part of the distributorship agreement for purposes of 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 with an essential, reasonable, and lawful requirement imposed by a distributorship agreement if the failure occurs after the supplier or wholesaler acting in good faith provides notice of deficiency and an opportunity to correct in accordance with Sections 32A-11a-103 and 32A-11a-104.
     (4) "Good faith" is as defined in Section 70A-2-103.
     (5) "Retailer" means a person subject to license under Chapter 10, Beer Retailer Licenses.
     (6) "Sales territory" means the geographic area of distribution and sale responsibility designated by a distributorship agreement.
     (7) "Supplier," notwithstanding Section 32A-1-105, means a brewer or other person who sells 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 1, 2000 General Session