(a) This part applies to agreements in existence on March 1, 1990, as well as agreements entered into or renewed after that date.
Terms Used In Tennessee Code 57-5-512
Agreement: means any agreement between a wholesaler and a supplier, oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of beer with an alcoholic content of five percent (5%) by weight or less sold by a supplier. See Tennessee Code 57-5-502
Importer: means any person or entity holding a non-manufacturer non-resident seller's permit pursuant to §. See Tennessee Code 57-3-101
Manufacturer: means and includes a brewer of high alcohol content beer, distiller, vintner and rectifier. See Tennessee Code 57-3-101
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
Wholesaler: means a person or entity that sells beer to retailers, but does not include any manufacturer authorized to sell directly to retailers pursuant to §. See Tennessee Code 57-5-502
(b) A transferee of a wholesaler‘s business that continues to operate the business shall have the benefit of and be bound by all terms and conditions of the agreement with the supplier in effect on the date of the transfer.(c) If a particular brand or brands of beer are transferred by purchase or otherwise from one supplier to another, the new supplier shall be bound by all terms and conditions of each agreement of the previous supplier with respect to that brand or brands in effect on the date of the transfer as a condition of continuing to sell that brand or brands in this state.(d) An agreement to purchase and sell a brand of beer shall include the right to purchase and sell each other beer marketed under the same principal brand name or trademark, regardless of any variation in any other words, names, symbols or devices used to identify such beers and regardless of any differences in the packaging, formulation or production of such beers. Notwithstanding the foregoing, an agreement to purchase and sell a brand of beer shall not include the right to purchase and sell any other beer solely as a result of the use of the manufacturer‘s or importer‘s trade name in both such beers’ packaging, so long as such trade name is not part of the beers’ principal brand name or trademark.(e) This part shall only be applicable to agreements between wholesalers and suppliers related to the sale or distribution of beer with an alcoholic content of five percent (5%) by weight or less. All agreements between wholesalers and suppliers related to the sale or distribution of beer with an alcoholic content greater than five percent (5%) by weight shall be governed by title 47, chapter 25, part 15.
