Oregon Revised Statutes
As used in ORS 474.005 to 474.095, unless the context requires otherwise: “Importer” means any wholesale distributor importing malt beverages into this state for sale to retailer accounts or for sale to other wholesalers designated as subjobbers for resale. “Malt beverage manufacturer” means any manufacturer, brewer, importer or master distributor of malt …
All wholesale distribution agreements between a supplier and a wholesaler shall be in writing, signed by the parties or their authorized agents.
No supplier shall terminate, cancel or fail to renew a distribution agreement upon expiration of its term or refuse to continue under the agreement without good cause. Good cause exists when a wholesaler fails to comply with a provision of the written agreement that is both reasonable and of material significance to the business relationship between the supp…
A supplier may terminate or cancel an agreement immediately, fail to renew an agreement upon expiration of its term or refuse to continue under the agreement if: The state or federal license of the wholesaler has been revoked or suspended for a period of more than 31 days; The wholesaler is insolvent within the definition of section 101, title 11, United S…
A successor to a supplier or wholesaler, whether by way of merger, purchase of corporate shares, purchase of assets or otherwise, shall be bound by each distribution agreement the predecessor was a party to at the time of transfer with respect to each brand the successor continues to make available for sale in this state.
A wholesaler may transfer, bequeath or devise the wholesaler’s business or share in any wholesale business to the deceased wholesaler’s spouse, parent, siblings or issue to succeed the decedent in ownership of the business. A supplier may provide in writing for prior approval of any other individual designed or designated to succeed a wholesaler in ownershi…
No supplier shall interfere with, prevent or unreasonably delay the transfer of the wholesaler’s business or any interest therein if the wholesaler has provided the supplier with written notice of the intent to transfer and the transferee meets reasonable standards and qualifications required by the supplier which are nondiscriminatory and are applied unifor…
No supplier shall require a wholesaler to assent to any condition or amendment to a wholesale distribution agreement that impairs any right guaranteed under ORS 474.005 to 474.095, or that was not made in good faith or that is unreasonable. Nothing in this section shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into…
No supplier shall prohibit any change in the manager or successor manager of a wholesaler unless the manager or successor manager fails to meet reasonable standards for such position which are nondiscriminatory and are applied uniformly to all wholesalers similarly situated.
For each dispute arising out of an allegation of bad faith termination or for termination for other than good cause, the supplier shall have the burden of proving that it acted reasonably and in good faith, that good cause existed for any termination, cancellation, discontinuance or nonrenewal and that the supplier complied with the applicable requirements o…
Any party to a wholesale distribution agreement aggrieved by a violation of any provision of ORS 474.005 to 474.095 shall be entitled to: Injunctive relief enjoining the violation; and Recovery for damages caused by the violation. Except as provided in subsection (3) of this section, the court may award reasonable attorney fees to the prevailing party in …
No supplier shall: Coerce or induce, or attempt to coerce or induce, any distributor to engage in any illegal act or course of conduct; Require a wholesaler to assent to any unreasonable requirement, condition, understanding or term of an agreement which prohibits a wholesaler from selling the product of any other supplier or suppliers; Require a wholesal…
The Legislative Assembly finds that in addition to the purposes specified in ORS 471.030, ORS 474.115 is necessary to maintain and to promote the continued availability of good quality malt beverages for the consumers of Oregon, to promote the orderly marketing of malt beverages, to promote vigorous interbrand malt beverage competition, to encourage competit…
It shall be unlawful for any wholesaler to sell any brand of malt beverage in this state except in the territory described in an agreement with the manufacturer or importer authorizing sale by the wholesaler of the brand within a designated territory. Within the designated territory the wholesaler must service as provided in subsection (2) of this section al…
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