§ 32B-14-303. Prohibited conduct of wholesaler.

(1) A wholesaler may not:

(a) induce or coerce, or attempt to induce or coerce, a retailer to engage in an 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 a product of another wholesaler;

(d) fix or maintain the price at which a retailer may resell beer;

(e) require a retailer to accept delivery of 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 a lawful purpose;

(g) require a retailer to participate in or contribute to a 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 statute or administrative rule; and

(i) refuse to deliver a beer product carried by the wholesaler to a properly licensed retailer who resides within the wholesaler's sales territory:

(i) in a reasonable quantity; and

(ii) within a reasonable time after receipt of the retailer's order.

(2) Notwithstanding Subsection (1)(i), the wholesaler may refuse to deliver a beer product if the refusal is due to:

(a) the retailer's failure to pay the wholesaler pursuant to Subsection 32B-4-704(6);

(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.

Enacted by Chapter 276, 2010 General Session