16-3-418. Dual appointments -- equal support -- alternate supplier -- dock sales. (1) (a) A supplier may appoint one or more table wine distributors to distribute its table wines in a specified territory. If the supplier appoints two or more table wine distributors to sell its table wines in the same or overlapping territories, the supplier shall offer the same prices, delivery, terms, and promotional support to each table wine distributor.
(b) A supplier may not appoint more than one table wine distributor to distribute its hard cider in a specified territory.
(c) For the purposes of this subsection (1), "table wine" has the meaning assigned in 16-1-106, but does not include hard cider.
(2) (a) Except as provided in subsections (2)(b) through (2)(d), table wine may not be delivered to a licensed retailer or liquor store agent at any location other than the retailer's licensed premises or agency liquor store.
(b) An all-beverages licensee may personally or through an employee obtain from any distributor's warehouse any quantity of table wine that the all-beverages licensee and distributor may agree to buy and sell.
(c) Liquor store agents or retailers other than all-beverages licensees may personally or through an employee obtain from the distributor's warehouse any quantity of table wine as the agent or retailer and distributor may agree to buy and sell only within the territory of the distributor in which the agent's liquor store or retailer is located.
(d) When a table wine distributor's trucks and equipment are incapable of delivering table wine to a retail licensee's premises due to the unique physical location of the retail licensee's premises, examples of which are premises located on an island or atop a mountain, the table wine distributor and retail licensee may seek prior department approval for an alternative delivery arrangement on a form provided by the department. If the department approves the alternative delivery arrangement request, the department shall provide the table wine distributor and the retail licensee a written summary of the conditions of the approved delivery arrangement. Failure to comply with the approved alternative delivery arrangement may subject the table wine distributor or retail licensee to administrative action.
History: En. Sec. 5, Ch. 314, L. 1991; amd. Sec. 4, Ch. 399, L. 1997; amd. Sec. 2, Ch. 163, L. 2001; amd. Sec. 7, Ch. 501, L. 2007; amd. Sec. 9, Ch. 194, L. 2021.