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Bill > H182


MA H182

MA H182
Relative to franchise laws


summary

Introduced
01/22/2013
In Committee
01/22/2013
Crossed Over
Passed
Dead
08/01/2014

Introduced Session

188th General Court

Bill Summary

Relativerelative to alcoholic beverage franchise laws. Consumer Protection and Professional Licensure.

AI Summary

This bill amends alcoholic beverage franchise laws by establishing new provisions for "Events of Succession," which occur when a successor entity acquires a brewer, farmer-brewer, or beer importer through merger, acquisition, or brand assignment, and the original entity retains no control. Within thirty days of such an event, the successor must provide written notice to the licensed wholesaler they intend to cease sales to. If there's a dispute about whether an Event of Succession occurred, the commission will hold a hearing within sixty days, and its decision will be final. If proper notice isn't given, it's an unfair trade practice for the successor to refuse sales to the wholesaler, unless for good cause. If an Event of Succession is agreed upon or determined, the wholesaler will sell back their inventory and sales aids to the successor at laid-in cost, and the successor must also compensate the wholesaler for the diminished value of their business related to the discontinued brands. The successor will continue selling to the wholesaler until these payments are made. Disagreements on inventory or business value will be resolved through binding arbitration by an experienced arbitrator from the American Arbitration Association, with costs split equally. The arbitration award will be confirmed as a judgment and will be final. If the successor fails to pay within thirty days of the arbitration award, it becomes an unfair trade practice to refuse sales to the wholesaler.

Committee Categories

Labor and Employment

Sponsors (1)

Last Action

Accompanied a study order, see H4153 (on 06/09/2014)

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