2006 Utah Code - 32A-11a-106 — Prohibited conduct of wholesaler.

     32A-11a-106.   Prohibited conduct of wholesaler.
     (1) A wholesaler may not:
     (a) induce, coerce, or attempt to induce or coerce, any retailer to engage in any illegal act or course of conduct;
     (b) impose a requirement that is discriminatory by its terms or in the methods of enforcement as compared to requirements imposed by the wholesaler on similarly situated retailers;
     (c) prohibit a retailer from selling the product of any other wholesaler;
     (d) fix or maintain the price at which a retailer may resell beer;
     (e) require any retailer to accept delivery of any beer or any other item that is not voluntarily ordered by the retailer;
     (f) restrict or inhibit, directly or indirectly, the right of a retailer to participate in an organization representing interests of retailers for any lawful purpose;
     (g) require a retailer to participate in or contribute to any local, regional, or national advertising fund or other promotional activity;
     (h) retaliate against a retailer that files a complaint with the department or the applicable federal agency regarding an alleged violation by the wholesaler of a state or federal law or administrative rule; and
     (i) refuse to deliver beer products carried by the wholesaler to a properly licensed retailer who resides within the wholesaler's sales territory:
     (i) in reasonable quantities; and
     (ii) within a reasonable time after receipt of the retailer's order.
     (2) Notwithstanding Subsection (1)(i), the wholesaler may refuse to deliver products if the refusal is due to:
     (a) the retailer's failure to pay the wholesaler pursuant to Subsection 32A-12-603(7);
     (b) an unforeseeable event beyond the wholesaler's control;
     (c) a work stoppage or delay due to a strike or labor problem;
     (d) a bona fide shortage of materials; or
     (e) a freight embargo.

Amended by Chapter 314, 2003 General Session