New Hampshire Revised Statutes 180:3 – Cancellation
Current as of: 2023 | Check for updates
|
Other versions
I. Notwithstanding the terms, provisions, or conditions of any agreement, no beverage manufacturer, brew pub, or beverage vendor shall amend, cancel, terminate, or refuse to continue or renew any agreement, or cause a wholesale distributor to resign from an agreement, unless good cause can be established or proven for amendment, termination, cancellation, nonrenewal, noncontinuation, or resignation. Good cause shall include:
(a) Revocation of the wholesale distributor’s license to do business in the state, or suspension of the wholesale distributor’s license when such suspension adversely affects the wholesale distributor’s ability to sell beverages.
(b) Bankruptcy or insolvency of the wholesale distributor.
(c) Assignment for the benefit of creditors or similar disposition of the assets of the wholesale distributor.
(d) Failure by the wholesale distributor to comply substantially, without reasonable excuse or justification, with any reasonable and material requirement, including but not limited to those specified in N.H. Rev. Stat. § 180:11, imposed upon the wholesale distributor by the beverage manufacturer, brew pub, or beverage vendor.
(e) Fraudulent conduct of the wholesale distributor in its dealing with the beverage manufacturer, brew pub, or beverage vendor or the products of the beverage manufacturer, brew pub, or beverage vendor.
II. The mere sale or purchase of a beverage manufacturer, brew pub, or beverage vendor shall not constitute good cause under paragraph I, unless the wholesale distributor declines to execute an agreement with the successor beverage manufacturer, brew pub, or beverage vendor within 30 days after receipt via certified mail return receipt requested. Such agreement must assign the same brand or brands and territory as previously held by the wholesaler distributor in its agreement with the prior beverage manufacturer, brew pub, or beverage vendor, but may impose different obligations upon the parties, which are commercially reasonable and attainable. The successor beverage manufacturer, brew pub, or beverage vendor shall have 60 days after purchase to provide the wholesale distributor with such an agreement or it shall waive its right to present a new agreement, in which case the agreement with the prior beverage manufacturer, brew pub, or beverage vendor shall continue in full force and effect.
(a) Revocation of the wholesale distributor’s license to do business in the state, or suspension of the wholesale distributor’s license when such suspension adversely affects the wholesale distributor’s ability to sell beverages.
Terms Used In New Hampshire Revised Statutes 180:3
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Beverage vendor: means an individual, partnership, limited liability company, or corporation, including any subsidiaries thereof, which sells beverages or specialty beverages to wholesale distributors. See New Hampshire Revised Statutes 175:1
- Brew pub: means a manufacturer of beer, specialty beer, or cider not exceeding 2,500 barrels annually, which as a functional part of its business, maintains a full service restaurant serving the beer it manufactures as well as other beverage and liquor as allowed by N. See New Hampshire Revised Statutes 175:1
- License: means the authority granted by the commission to engage in the sale of liquor, wine, beverages, tobacco products, or e-cigarettes otherwise unlawful unless evidenced by such document. See New Hampshire Revised Statutes 175:1
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Wholesale distributor: means a person licensed by the commission to engage in the purchase of beverages only from the holders of wholesale distributor licenses, beverage manufacturer licenses, beverage vendor licenses, brew pub licenses, or nano brewery licenses. See New Hampshire Revised Statutes 175:1
(b) Bankruptcy or insolvency of the wholesale distributor.
(c) Assignment for the benefit of creditors or similar disposition of the assets of the wholesale distributor.
(d) Failure by the wholesale distributor to comply substantially, without reasonable excuse or justification, with any reasonable and material requirement, including but not limited to those specified in N.H. Rev. Stat. § 180:11, imposed upon the wholesale distributor by the beverage manufacturer, brew pub, or beverage vendor.
(e) Fraudulent conduct of the wholesale distributor in its dealing with the beverage manufacturer, brew pub, or beverage vendor or the products of the beverage manufacturer, brew pub, or beverage vendor.
II. The mere sale or purchase of a beverage manufacturer, brew pub, or beverage vendor shall not constitute good cause under paragraph I, unless the wholesale distributor declines to execute an agreement with the successor beverage manufacturer, brew pub, or beverage vendor within 30 days after receipt via certified mail return receipt requested. Such agreement must assign the same brand or brands and territory as previously held by the wholesaler distributor in its agreement with the prior beverage manufacturer, brew pub, or beverage vendor, but may impose different obligations upon the parties, which are commercially reasonable and attainable. The successor beverage manufacturer, brew pub, or beverage vendor shall have 60 days after purchase to provide the wholesale distributor with such an agreement or it shall waive its right to present a new agreement, in which case the agreement with the prior beverage manufacturer, brew pub, or beverage vendor shall continue in full force and effect.