Arizona Laws 44-1565. Definitions
In this article, unless the context otherwise requires:
Terms Used In Arizona Laws 44-1565
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Franchise: means a commercial relationship between a supplier and a wholesaler that includes all of the following:
(a) A commercial relationship of definite duration or continuing indefinite duration is involved. See Arizona Laws 44-1565
- Good cause: means failure by the supplier or the wholesaler to comply with the provisions of an agreement as delineated therein, which provisions are not unconscionable. See Arizona Laws 44-1565
- Person: means an individual, corporation, partnership, association, joint stock company or trust, limited liability company, government or governmental subdivision or agency or any other unincorporated organization. See Arizona Laws 44-1801
- sell: means a sale or any other disposition of a security or interest in a security for value and includes a contract to make such sale or disposition. See Arizona Laws 44-1801
- Spirituous liquor: includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, absinthe, a compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, any liquid mixture or preparation, whether patented or otherwise, that produces intoxication, fruits preserved in ardent spirits and beverages containing more than one-half of one percent of alcohol by volume. See Arizona Laws 44-1565
- Supplier: means any person other than a wholesaler engaged in business as a manufacturer, distiller, rectifier, importer, brewer, vintner, broker or agent that distributes any or all of its beer through duly licensed wholesalers in this state. See Arizona Laws 44-1565
- Wholesaler: means any person licensed by the department of liquor licenses and control to sell at wholesale beer to retailers duly licensed in this state. See Arizona Laws 44-1565
1. "Beer":
(a) Means any beverage obtained by the alcoholic fermentation, infusion or decoction of barley malt, hops, rice, bran or other grain, glucose, sugar or molasses, or any combination of them, and may include, as adjuncts in fermentation, honey, fruit, fruit juice, fruit concentrate, herbs, spices and other food materials.
(b) Includes beer aged in an empty wooden barrel previously used to contain wine or distilled spirits and as such is not considered a dilution or mixture of any other spirituous liquor.
2. "Franchise" means a commercial relationship between a supplier and a wholesaler that includes all of the following:
(a) A commercial relationship of definite duration or continuing indefinite duration is involved.
(b) A grant to the wholesaler of the right to offer, sell and distribute within this state or any designated territory such of the supplier’s brands of beer as may be agreed on. The requirements of this paragraph do not preclude a supplier from establishing more than one commercial relationship of any kind within or with relation to activity in this state or any designated territory therein not in violation of article 1 of this chapter.
(c) An agreement relating to transferability of the commercial relationship.
3. "Good cause" means failure by the supplier or the wholesaler to comply with the provisions of an agreement as delineated therein, which provisions are not unconscionable. Good cause does not include failure or refusal on the part of the wholesaler or supplier to engage in any trade practice, conduct or activity that would result in a violation of any federal law or regulation or any laws or regulations of this state.
4. "Good faith" means the duty of each party to any franchise and all officers, employees or agents of the franchise to act in a fair and equitable manner in carrying out the agreement.
5. "Spirituous liquor" includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, absinthe, a compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, any liquid mixture or preparation, whether patented or otherwise, that produces intoxication, fruits preserved in ardent spirits and beverages containing more than one-half of one percent of alcohol by volume.
6. "Supplier" means any person other than a wholesaler engaged in business as a manufacturer, distiller, rectifier, importer, brewer, vintner, broker or agent that distributes any or all of its beer through duly licensed wholesalers in this state.
7. "Wholesaler" means any person licensed by the department of liquor licenses and control to sell at wholesale beer to retailers duly licensed in this state.