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Tex. Alco. Bev. Code § 102.71

DEFINITIONS

Known as the Malt Beverage Industry Fair Dealing Law

The act spans §§ 102–102 (12 sections).

Applied in 2 court decisions — leading case Ace Sales Co. v. CERVECERIA MODELO, SA (1987)

Most recently applied in 239 F. App'x 931 - Moran v. Ceiling Fans Direct, Inc. (September 2007)

Added by Acts 1981, 67th Leg., p. 60, ch. 26, Sec. 1, eff

In this subchapter:

(1) "This Act" means this subchapter which shall have the short title and may be cited as the "Malt Beverage Industry Fair Dealing Law."

(2) "Agreement" means any contract, agreement, or arrangement, whether expressed or implied, whether oral or written, for a definite or indefinite period between a brewer and a distributor pursuant to which a distributor has the right to purchase, resell, and distribute any brand or brands of malt beverage offered by a brewer.

(3) "Distributor" means those persons licensed under Section 64.01 or 65.01 of this code.

(4) "Brewer" means those persons licensed under Section 62.01, 63.01, or 74.01.

(5) "Territory" or "sales territory" means the geographic area of distribution and sale responsibility designated by an agreement between a distributor and brewer, as provided in Section 102.51 of this code, for any brands of the brewer.

(6) "Good cause" means the failure by any party to an agreement, without reasonable excuse or justification, to comply substantially with an essential, reasonable, and commercially acceptable requirement imposed by the other party under the terms of an agreement.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.