Maine § 28-A §1457 Compensation

Maine Statutes

§ 28-A §1457 — Compensation

Maine § 28-A §1457

Title 28-ALIQUORS

Part 3LICENSES FOR SALE OF LIQUOR

Ch. 57CERTIFICATE OF APPROVAL HOLDER AND MAINE WHOLESALE LICENSEE AGREEMENT ACT

This text of Maine § 28-A §1457 (Compensation) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 28-A, § 28-A §1457 (2026).

Text

1.Reasonable compensation. 1-A. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. 1-B. Reasonable compensation; general rule. Except as otherwise provided in subsections 1‑C and 1‑D, if a certificate of approval holder makes a triggering change to an agreement, the certificate of approval holder shall pay the wholesale licensee reasonable compensation for the fair market value of the wholesale licensee's business related to the affected brand or brands. The fair market value of the wholesale licensee's business related to the affected brand or brands includes inventory and other tangible assets and the wholesale licensee's good will. 1-C. Exception; small beer manufacturer or small hard cider manufacturer. Notwit

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1.
Reasonable compensation.
1-A.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
1-B.
Reasonable compensation; general rule.
Except as otherwise provided in subsections 1‑C and 1‑D, if a certificate of approval holder makes a triggering change to an agreement, the certificate of approval holder shall pay the wholesale licensee reasonable compensation for the fair market value of the wholesale licensee's business related to the affected brand or brands. The fair market value of the wholesale licensee's business related to the affected brand or brands includes inventory and other tangible assets and the wholesale licensee's good will.
1-C.
Exception; small beer manufacturer or small hard cider manufacturer.
Notwithstanding subsection 1‑B, a small beer manufacturer or small hard cider manufacturer must pay a wholesale licensee reasonable compensation in accordance with subsection 1‑D if:
1-D.
Reasonable compensation; alternative calculation.
Notwithstanding subsection 1‑B, if a small beer manufacturer or small hard cider manufacturer makes a triggering change to an agreement that meets the requirements of subsection 1‑C, the small beer manufacturer or small hard cider manufacturer shall pay the wholesale licensee reasonable compensation for the fair market value of the wholesale licensee's business related to the affected brand or brands of malt liquor or hard cider in accordance with this subsection.
1-E.
Waiver.
Notwithstanding section 1462, nothing in this chapter prevents a wholesale licensee from limiting or waiving its right to receive reasonable compensation under subsection 1‑B or 1‑D from a small beer manufacturer or a small hard cider manufacturer in an agreement between the wholesale licensee and the small beer manufacturer or the small hard cider manufacturer.
2.
Neutral arbitrator.
If the certificate of approval holder and the wholesale licensee are unable to agree on the amount of reasonable compensation to be paid for the fair market value of the wholesale licensee's business related to the affected brand or brands of the certificate of approval holder, they shall submit the matter to a neutral arbitrator selected by the parties, or, if they cannot agree, by the Chief Justice of the Supreme Judicial Court. The costs of the arbitration must be paid 1/2 by the wholesale licensee and 1/2 by the certificate of approval holder or otherwise the arbitration proceeding must be governed by the Uniform Arbitration Act. The arbitrator shall issue a written decision on the matter no later than 45 days after the date of the commencement of the arbitration proceeding.
3.
Distribution during arbitration.
Notwithstanding any provision of this Title to the contrary or the terms, conditions or other provisions of any agreement, when a small beer manufacturer or a small hard cider manufacturer makes a triggering change to an agreement, the small beer manufacturer or the small hard cider manufacturer may immediately: