§ 5-04-01 — Definitions

As used in this chapter, unless the context otherwise requires:
1. "Agreement" means one or more of the following:
a. A commercial relationship between a licensed beer wholesaler and a licensed
brewer of a definite or indefinite duration which is not required to be evidenced in
writing.
b. A relationship whereby the beer wholesaler is granted the right to offer and sell a
brand or brands of beer offered by a brewer.
c. A relationship whereby the beer wholesaler, as an independent business,
constitutes a component of a brewer's distribution system.
d. A relationship whereby the beer wholesaler's business is substantially associated
with a brewer's brand or brands, designating the brewer.
e. A relationship whereby the beer wholesaler's business is substantially reliant on a
brewer for the continued supply of beer.
f. A written or oral arrangement for a definite or indefinite period whereby a brewer
grants a license to a beer wholesaler to use a brand, trade name, trademark, or
service mark, and in which there is a community of interest in the marketing of
goods or services at wholesale or retail.
2. "Ancillary business" means a business owned by a wholesaler, a stockholder of a
wholesaler, or a partner of a wholesaler, the primary business of which is directly
related to the transporting, storing, or marketing of the brewer's products with whom
the wholesaler has an agreement.
3. "Beer wholesaler" or "wholesaler" means any licensee, as outlined in section 5-03-01,
importing or causing to be imported into this state or purchasing or causing to be
purchased within this state, any beer for sale or resale to retailers or wholesalers
licensed pursuant to chapter 5-02 or 5-03, without regard to whether the business of
the person is conducted under the terms of an agreement with a licensed brewer.
4. "Brand" means any word, name, group of letters, symbol, or combination thereof, that
is adopted and used by a brewer or importer to identify a specific beer product, and to
distinguish that beer product from another beer product.
5. "Brand extension" is any brand that incorporates all or a substantial part of the unique
features of a pre-existing brand of the same brewer or importer and which relies to a
significant extent on the goodwill associated with that pre-existing brand.
6. "Brewer" means every licensed brewer or importer of beer located within or without
this state who enters into an agreement with any beer wholesaler licensed to do
business in this state.
7. "Person" means a natural person, corporation, limited liability company, partnership,
trust, agency, or other entity as well as the individual officers, directors, or other
persons in active control of the activities of each such entity. "Person" also includes
heirs, assigns, personal representatives, conservators, and guardians.
8. "Territory" or "sales territory" means the area of primary sales responsibility designated
by any agreement between any beer wholesaler and brewer for the brand or brands of
any brewer.