23-1101 Declaration of Policy
23-1102 Definitions
23-1103 Prohibited Acts
23-1104 Notice of Transfer by Distributor — Consent by Supplier
23-1105 Supplier’S Right to Amend, Cancel or Fail to Renew Immediately Upon Written Notice — Grounds
23-1106 Supplier’S Right to Discontinue Distribution of Brand
23-1107 Supplier Requirements Upon Amendment, Cancellation or Refusal to Renew an Agreement
23-1108 Notice Requirements
23-1109 Transferee of Distributor’S Business Bound by Agreements in Effect At Time of Transfer — Supplier’S Successor Bound by Agreements in Effect At Time of Succession to Supplier’S Interest
23-1110 Compensation to Distributor Upon Termination, Cancellation or Nonrenewal of Agreement
23-1111 Arbitration
23-1112 Judicial Remedies of Parties
23-1113 Waiver of Benefits of Chapter

Terms Used In Idaho Code > Title 23 > Chapter 11 - Distributors and Suppliers of Beer

  • Agreement: means any agreement between a distributor and a supplier, whether oral or written, whereby a distributor is granted the right to purchase a brand, or brands, of beer sold by a supplier and to resell such products within the state of Idaho. See Idaho Code 23-1102
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Ancillary business: means a business owned by a distributor, by a substantial stockholder of a distributor, or by a substantial partner of a distributor, the primary business of which is directly related to the transporting, storing or marketing of the supplier’s products. See Idaho Code 23-1102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Designated member: means :
Idaho Code 23-1102
  • Distributor: means a business entity, whether sole proprietorship, partnership, corporation, association, syndicate, or any other combination of persons, licensed by the state of Idaho to sell beer to retailers. See Idaho Code 23-1102
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Good faith: means honesty in fact in the conduct or transaction involved and the observance of reasonable commercial standards of fair dealing in the trade, as such term and standards are defined in, and interpreted pursuant to, the uniform commercial code, title 28, Idaho Code. See Idaho Code 23-1102
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • modify: means any alteration or change in the agreement, which causes a material change in the distributor’s business or relationship with the supplier, and which alteration or change does not apply to all distributors in the state of Idaho who distribute supplier’s products. See Idaho Code 23-1102
  • Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, partnership, corporation, association, syndicate, or any other combination of individuals or corporations. See Idaho Code 23-1102
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Retaliatory action: includes the refusal to continue an agreement, or a material part thereof, or a material reduction in the quality of service or quantity of products available to a distributor under an agreement, which refusal or reduction is not made in good faith. See Idaho Code 23-1102
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • substantial partner: means a person who owns an interest of ten percent (10%) or more of a distributor. See Idaho Code 23-1102
  • Supplier: means any person, either within or outside the state of Idaho, who enters into an agreement with a distributor for the sale of beer to such distributor with the intent that such products will be resold by the distributor to retailers within the state of Idaho. See Idaho Code 23-1102
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC