§ 3-13-5. Prohibited conduct.
No supplier shall:
(1) Induce or coerce, or attempt to induce or coerce, any wholesaler to accept delivery
of any malt beverage or any other item or commodity which has not been ordered by
the wholesaler. Provided, that recommendation, endorsement, exposition, persuasion,
or argument is not deemed to constitute inducements, coercion, or requirements prohibited
by this section.
(2) Induce or coerce, or attempt to induce or coerce, any wholesaler to engage in any
illegal act or course of conduct or to resign from an agreement by means of any threat,
expressed or implied, to cancel, fail to renew, otherwise terminate an agreement,
any requirement imposed on the wholesaler pursuant to an agreement or any contract
or other arrangement ancillary or collateral to these.
(3) Require a wholesaler to assent to any requirement, condition, understanding, or term
of an agreement limiting the wholesaler's right to sell the product of any other supplier.
(4) Fix or maintain the price at which a wholesaler may resell malt beverages, whether
by the terms or requirements imposed on the wholesaler under an agreement, the manner
of their enforcement, or otherwise.
(5) Impose, attempt to impose, or enforce against a wholesaler any requirement, standard
of performance, or term, including the terms of sale of malt beverages sold to the
wholesaler, which is discriminatory as compared with the requirements, standards,
or terms imposed by the supplier on other similarly situated wholesalers within this
state. Differences in any requirement, standard, or term imposed by a supplier under
its agreement or in the manner of their enforcement are permitted only if and to the
extent they are based on proper and justifiable distinctions considering the purposes
of this chapter, and are not arbitrary.
(6) Fail to provide to each wholesaler of its brands after May 22, 1982 a written contract
which conforms to this chapter and embodies the supplier's agreement with its wholesalers,
including the essential requirements, standards of performance, and terms imposed
by the supplier. In the event of failure to provide that written contract, any agreement
in existence upon May 22, 1982 must conform to this chapter and is subject to this
chapter until the written contract is provided.