A. Any wholesaler may bring an action against a supplier or a supplier may bring an action against a wholesaler for violation of section 44-1566 in any court of competent jurisdiction and may recover damages sustained. In such action the prevailing party shall receive reasonable attorney fees.
Terms Used In Arizona Laws 44-1567
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Franchise: means a commercial relationship between a supplier and a wholesaler which includes all of the following:
(a) A commercial relationship of definite duration or continuing indefinite duration is involved. See Arizona Laws 44-1565
- Good cause: means failure by the supplier or the wholesaler to comply with the provisions of an agreement as delineated therein, which provisions are not unconscionable. See Arizona Laws 44-1565
- Good faith: means the duty of each party to any franchise and all officers, employees or agents thereof to act in a fair and equitable manner in carrying out the agreement. See Arizona Laws 44-1565
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, corporation, partnership, association, joint stock company or trust, limited liability company, government or governmental subdivision or agency or any other unincorporated organization. See Arizona Laws 44-1801
- Supplier: means any person other than a wholesaler engaged in business as a manufacturer, distiller, rectifier, importer, brewer, vintner, broker or agent which distributes any or all of its beer through duly licensed wholesalers in this state. See Arizona Laws 44-1565
- Wholesaler: means any person licensed by the department of liquor licenses and control to sell at wholesale beer to retailers duly licensed in this state. See Arizona Laws 44-1565
B. The remedies provided in this section are independent of and supplemental to any other remedy or remedies available to the wholesaler or supplier in law or equity.
C. In any action pursuant to this section for termination, cancellation or failure to renew a franchise in violation of section 44-1566, it shall be a complete defense to prove that the termination, cancellation or failure to renew was done in good faith and for good cause.