§ 61-4-1120 — Jurisdiction of court to enjoin cancellation or termination.

South Carolina § 61-4-1120

• Jurisdiction: South Carolina
• Title 61: ALCOHOL AND ALCOHOLIC BEVERAGES
• Ch. 4: BEER, ALE, PORTER, AND WINE

Text

The court of common pleas has jurisdiction and power to enjoin the cancellation or termination of a franchise or agreement between a beer wholesaler and a registered producer upon the application of a beer wholesaler or producer who is or might be adversely affected by the cancellation or termination; and in granting an injunction, the court must make provisions necessary to protect the beer wholesaler or registered producer while the injunction is in effect including, but not limited to, a provision that the registered producer must not supply the customers of the beer wholesaler by servicing the customers through other distributors or means or a provision that the beer wholesaler must continue to supply to his customers the products of the registered producer. Application may be made by the beer wholesaler or producer to the appropriate court in the county in which the business of the wholesaler is located. The court may require a bond to be posted by the party seeking the injunction, securing the party enjoined for damages in an amount in the court's discretion.

Legislative History

HISTORY: 1996 Act No. 415, SECTION 1.