Utah Code 32B-14-102. Definitions
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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.
Terms Used In Utah Code 32B-14-102
- Beer: means a product that:(11)(a)(i) contains:(11)(a)(i)(A) at least . See Utah Code 32B-1-102
- Beer retailer: means a business that:
(13)(a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and(13)(b) is licensed as:(13)(b)(i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or(13)(b)(ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102- Brewer: means a person engaged in manufacturing:
(16)(a) beer;(16)(b) heavy beer; or(16)(c) a flavored malt beverage. See Utah Code 32B-1-102- Distributorship agreement: means a written agreement 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. See Utah Code 32B-14-102
- Good faith: is a s defined in Subsection 70A-1a-201(2)(t). See Utah Code 32B-14-102
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
- Terminating party: means a supplier or wholesaler who:
(8)(a) is a party to a distributorship agreement; and(8)(b) seeks to terminate or not renew the distributorship agreement. See Utah Code 32B-14-102(2)(2)(a) “Distributorship agreement” means a written agreement 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.(2)(b) For purposes of this chapter, a separate agreement between a supplier and a wholesaler is considered to be part of a distributorship agreement if it relates to:(2)(b)(i) the relationship between the supplier and the wholesaler; or(2)(b)(ii) the duties of either the supplier or the wholesaler under a distributorship agreement.(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 Part 2, Termination.(4) “Good faith” is as defined in Subsection 70A-1a-201(2)(t).(5) “Retailer” means a beer retailer.(6) “Sales territory” means the geographic area of distribution and sale responsibility designated by a distributorship agreement.(7) “Supplier,” notwithstanding Section 32B-1-102, 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:(8)(a) is a party to a distributorship agreement; and(8)(b) seeks to terminate or not renew the distributorship agreement. - Beer retailer: means a business that: